davidaulloa/AmericanStories huggingface dataset:
The Lebanon express. (Lebanon, Linn County, Or.) 1887-1898, 1894-06-29
rhe Wheat AphIs,

Considerable excitement has been
created through the country over the
report that an insect Of green color,
small in size, was found upon the heads
of wheat. 1t started first in Douglas
county, the Roseburg papers giving
the first account The papers here
have heretofore RETAINED from mem
tioning 1t, for the reason that 1t was
thought best not to give any needless
scare, and that the insect might not in
fact doanyreal damage. But the prev
alence Of the talk upon the subject
makes it a matter of public news. 1t
it said that insect is grain aphis and
thatits distribution isgeneral through
out valley. Such being the case 1t has
undoubtedly been here for years, not
having been noticed before. for Its gen.
eral distribution could not have been
accomplished In one season, and in
all probability will not perform any
great damage. 1t is generally accom-
panied with a destructive parasite
anyhow.
The Lebanon express. (Lebanon, Linn County, Or.) 1887-1898, 1894-06-29

e. P. ROGERS, Asst den. FIT & Pass
Agt., Portland Or,
The Lebanon express. (Lebanon, Linn County, Or.) 1887-1898, 1894-06-29
An Old and Historic Watch.

II repaired watch when l was work.
ing in PAMELA, N. T., said watch
maker now working in Broadway
store, (which, although it was more
than $50 years old, had been previously
repaired but three times-once in 1926,
again in 1881 and then in 1912.
''The watch has an interesting his
tory. 1t Is now the property Of David
Minthorn, who has an authentic record
Of it. 1t was made by Thomas Linford
Of London in 1926, and in time came
into the possession Of George III, who
presented it to Sir William johnson,
when he left England to take charge of
affairs in the colony of New York. Sir
William presented it to the famous In
dian chief Joseph Brant, whose sister
was Sir Williams mistress
''In giving the watch to Brant Sir
William remarked that 1t was surely
worth 40 rebel scalps' When Brant
had his headquarters in the Schoharie
valley, the watch was taken from him
with other booty by Evart Van Epps Of
Fultonville, who was a paymaster in
the American army. Van Epps was aft
erward taken prisoner by Brant who
recovered the watch
1.-THE grandfather Of the present own
er of the watch became warm frient
Of Brant's in Canada after the war, an(
Brant made him a present Of the ancien
timepicee. 1t has been in the family
ever since and has always kept goot
time. New York Sun.
The Lebanon express. (Lebanon, Linn County, Or.) 1887-1898, 1894-06-29
The Trim American Foot.

Several London newspapers have been
entertaining their readers during the
Whitsun holidays by lively controver-
sy over the respective size and beauty
Of the feet Of English and American
women. Some editors, in the face Of
overwhelming evidence, confess that
English feet are out Of running in such
o controversy and console themselves
by asserting that the feet Of Englishmen
are far more shapely than those Of their
American brothers. There have been
many indignant protests against even
this admission. The shoe dealers, when
assured that they may speak incog., re-
gretfully admit that they are unable
to fit the trim American foot with any
shoe ready made for the fat and flat
feet Of English women
The Lebanon express. (Lebanon, Linn County, Or.) 1887-1898, 1894-06-29
Roth nodle,
Round.

NJ gentell ratu. srouhu'
The .,s, Bohemia s' ia. M mes, accompanied BY
The body ofy gentleman " who found
..,'' .,'e ssN ,e,'.n, II. Downing They found
nown,ng Ias Weaver who accompanied
~ ,s ~ into the mines, about half q
No., ,wn rhe canyon from where
,'s' I'M .lng's body was found. The
~ ~, Is had been out Of the snow some
nc and were so badly decumposed
| .ney could not be handled and were
buried where found. The men had
wandered down into very deep cam
i yon, with very steep sides, and the
% searching party had difficulty In get
Y down there, aud are unable to see how
d the men got there. From all appear
! anees the men had gone down there
Y together, and slid down short dis
!, tance. Downing was too near ex.
i hausted to regain his feet, bulaWeaver
N managed to work down the creek
about halfa mile, aud his body was
1t found about three and half miles
If from the warehouse, where plenty OF
2 bedding and provision could have been
= = obtained had he possessed sufficient
I I strength to get that far. They left nc
q note telling of their misfortune, and
10 the circumstances of their fatal trlr
/. will never be known.-Eugene Regis
10 ter
The Lebanon express. (Lebanon, Linn County, Or.) 1887-1898, 1894-06-29

Ifyou want to get nice fresh bread
go to Peebler's.
J. s. Courtney NJ. D. Physician,
Surgeon and Accoucheur, Lebanon,
Or.
Ifyou want photos made and havnit
the money Boyd will take your pro-
duce
When you want to buy suit Of cloth
ing you will save noney by getting
1t at Bachs
When y0u want new hat don't for
get Pugh end Munsey. They have the
latest styles.
j. 4. Adcox, agent for the Albany
steam laundry, sends washings down
on Tuesdays only.
N. w. Smith keeps the Eldorado
Castor machine oil, best In the world
for farm machinery.
Pugh and Munsey have just received
a new line of furnishing goods, price
them before buying elsewhere.
Hiram Baker received alarge in
voice of Spring clothing this week Of
the latest shades and styles.
I
A line Of both cotton and wooden
dress goods have just arrived at Read,
Peacock & Cos. Something new.
The only sure cure to preserve fruit
and berries is to use anti-fermentine
for sale at NV. Smiths drug store.
The EXPRESS would call the attcn-
tion Of the city dads to the fact that
some work on the streets and alleys,
especially cutting down the thistle
before the Fourth, would lie in good
place.
4 A.E. Ansorge is now ready to dG
any repairing Of organs, having had
long experience in first-class factories.
IWill guarantee satisfaction. Lebanon,
!; Oregon.
My liue Of jackets and capes fol
spring and summer wear is now com
plet. Capes are the thing this year
And carry q particularly fine line O.
novelties, at reasonable prices.
I s.E. Young, Albany, Ore.
] have a few secondhand Books that
!, / will close out at a bargain.
II M. A. MILLER.
The Lebanon express. (Lebanon, Linn County, Or.) 1887-1898, 1894-06-29
Fire at Harrisburg

The Harrisburg Lumber Company's
mill burned last Saturday evening,
being totally consumed. The fire
originatedsfrom spark from the en-
gine and was so far under way before
1t was discovered thatit was impossi-
BILE to check 1t. Several thousand feet
oflumder and pickets were burned.
The loss was about $4,000, insured for
$1,000. The company will undoubtedly
rebuild in a short time and may put
ina water wheel as the motive power,
which will remove the danger from
fire. This is the second mill that has
been burned on this site.
The Lebanon express. (Lebanon, Linn County, Or.) 1887-1898, 1894-06-29
FoorsoRE FAelN's TOUGH RUM.
The smell Of His Cigarette Resulted Inn
Fusiiiade Of Scrap Iron.

Ftlsiliade OF SCRAP Iron. II
~ have travelled from Maine to Cali ),
fornia and from Winnipeg to the City {,
Of Mexico | never paid arailroad fare.
Ihaye been broke for eight years, and l
never went without eating more than
four days at time
A knight of theroad was heard CIV
ing this wonderful record to o group Of
companions on a street corner.
sWere you ever in a wreck?' asked
areporter.
Nope" said the man with recor
81 always was lucky that way. On i !
was riding blind baggage whey M
engine ran onto an open switch. No N.
CINE and car was on was ditto ,ea ena
VI was t'rowed about 80 feet ip 10 ! corn. m
field. Twas shook up, butno' bnrt The
toughest run ever mad I was ont n
Denver. The CON was o,to mo AMI
said / could not go witt him I had Il
leave the town, so Igc Is and perches o,
the pilot.
'The fireman spc tied me when we got
q few miles out and amused himself
t'rowing coal at me and turning the hose
in my direction i. At the first stopI drops
down. and WI len she pulled out / was
on the bun lpers between the two boz
cars Whgl she pulled up next time the
con spoVed me and got 'brakie' tt
l,.,at, t,yr, sr,s,... - -. ...st,l 4 - -
The Lebanon express. (Lebanon, Linn County, Or.) 1887-1898, 1894-06-29
Art Is o stern Mistress.

miss Flimsyfuff is very gloomy, /"
said one member Of the opera company
to another.
"Whyl'
I "You see, she's really fond Of her
husband and hates to be divorced from
him, but she feels that her art dcmFnds
1t. Nv Washington Star.
The Lebanon express. (Lebanon, Linn County, Or.) 1887-1898, 1894-06-29
Free MethodIst Camp Meetlne.

The Free Methodists will hold a
district campmeeting at Aberdeen,
formerly known as Salt Lake on the
Scio and Sweet Home road. Com.
mencing July u, to continue ten days.
all are cordially invited to attend.
. j. Fl. BROWN, P. Il.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10

BY THE COURT.



L The notice required by paragraph 1895. Of
the general statutes of 1889, to be given in pro-
ceedings TO condemn the right-of way for a
railroad, may be given and signed by the com
missioners appointed TO make the cOndemna-
ton
2 The Commissioners may properly embody
in the report which they file with the county
clerk. statement OF their dOings with refer
ence to giving notice of the time when they
viii proceed to lay of the route of the rail
road. and such recitals primo 1dcic evil
dence of the facts therein stated
,. Recitals in the report OF the commission
showing the following facts. afterwards on
the Isl day or July. A. d., 1897, we caused to be
published in the sumner County Standard. a
newspaper publ lshed in said summer county,n
notice. or which the following is a copy" FaI
lowing which is a notice that they VIII pro-
coed TO lay off the route the Both day Of
July. A.. d 1887. which notice is dated at the
bottom June D. 1897, and signed by the com
missioners. after this comes the following re-
cital, (which said notice published for
thirty days before the time fixed for proceed
to-tvit: the 30rh day of July. A D.. 1897, at the
time and place mentioned in said notice afOre-
said. met, organized, and adjourned to
meet at the same place on the 3rd day OF Au-
gust, 1857 having been acted upon by the
commissioners, valid notice, and con
strued by the district court, Held. To show
7griHa facie that thirty days notice was given
as required by the statute
Allen. J. dissenting
Horton, c. J., and Johnston, J., cOncurrfng.
true copy
Attest: q. }. BROWN.
lsRAL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10

tate Of the husband, a. trustee. and attach
ment is obtained and levied upon the real es-
tate, upon the ground that the husband has
sold and disposed OF the same with the in
tent 10 hinder, delay and defraud his credit
Or5, and snbseq upon q settlement be-
tween the plaintiff and the defendants, the
action is dismissed upon the consideration
that the husband gives the plaintiff his note
for $1SO0Os Held, That tile reafter in an actiOn
upon the note, the plaintiff Is not entitled to
attach the real estate referred TO in the for
mer petition a. the property Of the husband,
the title OF which. at the time of settlement
and still is in the wife, who then and now
claims the same
All the justices eOncurr1ng-
true copy.
Attest: c. J BROWN,
lsEALl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10
BY THE COURT.


1. An agent employed to sell -four on com
mission is presumed to act for his principal in
making sales, unless it clearly appears that IL
understood between the parties that the
agent dealing in the particular transac-
tton with the principal on his own account
and where it does not 50 appear, profits OBJ
tanned by the agent in the sale Of the pr1nci-
pals goods belong to the principal
, Where all the negotiations between the
parties to case included in letters and
kilograms, and the plaintiff offers part OF the
correspondent. after having identified the
same by one of the defendants. 1t is not error
for the court to permit the witness on cross
examina ion to identity the balance OF thu
correspondence with relation TO the same
transaction, and offer the same in evidence in
connection with the cross examination.
All the justices concurr1ng-
true copy.
Attest: G. J. BROWN,
lsEALl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10
Atchison, Topeka & Santa Fe Railroad Com
pany vs.. Alfred NJ. Seeley.
Error from Johnson County.
AFFIRMED.
SYLLABUS BY THE COURT JOHNSTON J.



J. A cons truction train was operating in
the railroad. An open car was loaded with
coal at a 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 Of stopping of the train. The duty of
loading such devolved upon the station,
agent and not upon the trainmen. and it was
that of the station agent, to see that open cars
were properly inspected and prepared to be
put INFO the train for transportation. When
the train reached the station. a brakeman was
directed to hurry and couple the car ahead of
the engine, to get out of the way of
train. and was then directed to hurry
lookout upon the track IN the direction they
were going. the car being pushed ahead OF the
engine to a siding short distance away. In
this position and looking forward, his back
the coal While he occupying this place.
the engineer carelessIy applied the air brake.
checking the speed OF the train and jerking
the coal car so That the loose SnO ke-stack ks
pushed forward and stru ok the brakeman
upon the body. throwing him down under the
wheels of the car. whereby he was badly in
knowledge opportunity to know OF the
dangerous condition of the 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 before it
pOrtatiOn: and those who did prepare and in
spect the same were not in the same grade of
service with the traInmen. and they did not
stand to each other IN the relation of fellow
servants; and. further. that the company is
liable for the negligence and resulting injury.
. Evidence examined. and held TO be suffi-
Gent TO sustain the verdict Of the jury.
All the Justices concurrlng.
true copy
Atfest- G. J. BROWN,
lSEALl Clerk supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10

TIE suPRENE COURT

IN THE SUPREME COURT
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
sylIabf of the decisions in the above entitled
cases as the same appear on file in my ONCE.
Witness my hand and the seal Of the supreme
court, this 9th day OF July. 1894.
TsEAL1 g. j. BROWN.
Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10
7173
John Morbach vs. The Home Mining Com
pany-
Error from Leavenworth County.
REVERSED
SYLLABUS BY THE COURT HORTON. c. J
.HE CoURr. HoRroN. 9. J

SYLLABUS. BY THE COURT HORTON, c. J
cover damages from a mining corporation for
a personal injury caused By the falling OF a
about eighty feet deep which was being sunk
II f1i1,re II fl,s i *, -, r1,,,ri1- cri
or Limbe the sides OF the shaft TO within q
sufficient distance of the bottom thereof to
re lsonably protect the workmen, and the evil
"A snce introduced upon the trial showed that
le miner. although experienced in mines Of
where he was employed until he was taken
down in a tub Or bucke I, excepting that il had
been represented to him 6y the sqperlnten,d5
right, nice and safe and THAT everything
was all safe and kept nice" and that he al
no knowlsngs or ,opport4nity 70 ascsr5aln me
injury; Held, The evidence was sufficient to
go jury upon the right of the injured coal
miner to recover damages from the corpora
tion-
ration is of a collateral nature and not the IN
terest of an owner.
by mining corporation in sinking a coal
shaft in the ground Il a small stoc khOlder OF
the corporation Will not prevent him from
81 he n51egiigence Of the corporation. such
stakeholder has no personal control or man
agement Of the coal shaft or OF the corpora
T. Where the employer or employe are
equally comPetent 70 judge Of the risks and
the surroundings. the employer cannot be Gull
pably negligent 10 the emplOye. although the
although it might be made safer by the
ployer, If he should choose 90 to do Rush vs.
Rid. Co. AZ Kass 80; Rid CO, vs. Schroeder,
AZ Kas-, 315-
s. An employee should leave the dangerous
employment of his employer discovery
OF the masters method of doing business
when he finds that the master does NOT rem
edy the danger complained Of, and especially
Is this true. when the danger is imminent
obvious from former injuries received by
the employe in the place where he IS
plOyed
All the justices concurr1ng-
A true copy
Attest: G. J. BROWN,
SEAL Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10
$685.

The state Of Kansas VS.. Cody Prior
Appeal from Leaven worth County.
REVERSED
SYLLABUS By THE COURT. HORTON, c.
4 4 motion TO quash should preeede ar
raignment.
?. An information may be amended the
trial a. to all matters OF form at the discre
ton OF the court when the be done
with out prejudice to the rights OF the defend
ants
b. Where a statute makes two or more dis
t1nct acts connected with the transac-
tion indictable. each one Of which may be
considered as representing a phase in the
same onense- and mO1fOn 20 quash before
arralgnmen is presented. such information IS
not fatally defective, because they are coupled
In the same count
All the judges cOncurring-
A true copy.
Attest. G. J. BROWN.
lsEALl Clark Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10
George E. Haste vs. J W Conner. Sheriff
Error from Cow1ey County.
REVERSED.
JOHNSTON J
By THE COURT

mortgages to recover goods attached by the
creditors of the mOrtgagOr, who claim that
the mortgage is fraudulent and the debt
which it purports to secure is not bona ide
and where it's shown that the mortgage IL
fair its face, duly recorded, and that the
mortgage was in he actual possession Of the
rnortgaged property at the time Of the levy of
the attachment. it deTOlves 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 defraudlng the creditors of the
morIgagOr-
. 4 creditor, who IN good faith obtains
from an insolvent 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 viii
not lose his preferenco by reason of notice 81
the wrongful design Of the debtor. providing
his only purpose is to fairly obtain satfsfac-
tion or security for his own debt and that he
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10

$685.
Appeal from Cowley County
REVERSED.
SYLLABUS. BY TIE CQERT InHNsrnNr
$685.
By THE CoURT.
JOINS ToN. ]

J. The discharge or jury before the com
pletlon Of a trial without the consent of the
accused. and without sufficient reason. VIII
ordinarily bar further trial; but where after
the trial was begun juror was reported sick.
and where the sickness and incapacity Of the
juror to proceed with the trial as heard ana
determ ned by the court by judicial methods
and finding made based upon ties rirnonv
which IS not preserved that discharge was
absolutely necessary, the appellate court can
not say that there was not good cause for the
discharge nor that the discharge should oper-
acQuitral
2 a motion 70 indorze the names Of several
witnesses upon the inform alton was fled two
months before the day of trial, and subse-
quently the names were irregularly Endorsed
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10

The greatest pile remedy ever disc0v-
cred is Beggs' German Salve. IL relieves
at once, and effects permanent cure ia
an Incredible short space Of time. Also
excellent for Cuts, Scalds. Burns and
Bruises. Every box warranted by w. III
Kennady, Fourth and Kansas avenue
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10
@. J. BROWN,
Clerk Supreme Court.
954s
The State OF Kansas vs. F. d. Waugh.
Appeal from Cowley County
AFFIRMED.
SYLLABUS
HoRroN. G. J

SYLLABUS By THE CoURr- HORTON, c. J
Such language as the following written and
sent through the mail BY the plaintiff in an
action 20 3 trial Judge in matter still pend
1-ay before h1m--.I did deem it nacessar ~
20 go TO You with q body OF friends and credit
Drs TO I'm nress upon you how important it yas
That 1 should have the money that was tied
up BY the garnishment and exact
or you promise to rule in my favor.
supposed that surely. we would get some
chance for hearing I did not think It posi-
Ole that our judge could be warped BY such
procedure as to entirely overlook the inter
ests OF q poor man, and ride over him oh
9hod and decide in favor of corporation
VIII you kindly help me, and inform
me what can do that may know that you
not the unjust Judge that would NOT give a
poor man the same chance that bank has
ana you viii lift a load from nv hearth And
the most unklnd act Of all when we had not
even had chance to be heard. was for Won r.,
allow the attorney to tax cOstsH-is disreSr,aef-
full, insulting and contemrtuous
All the justices cOncurrfnR
a true copy.
Attest q r BROWN
IsEAL1 Clerk SuDrnn1e fs,1gr4
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-07-10
Published July TO- 1894
Supreme Court Syllabi
The Burton Land & Town Company w..
jerome b. Handy, ct al
Error from Ellsworth County
MODIFIED.

SYLLABUS. By THE COURT HORTON. T. }
J. The rule is that where property has been
included by mistake in deed which the
parties never intended should be conveyed,
which the Rrantor was under no legal or moral
obiafion to convey. and which the grantee in
good conscience has no II ght to retain. a court
of equity Will interfere and correct the mis-
take
q Where a grantee purchased from q
gran tor a fractional eighty acre tract OF land
subject to the righr-Of-Way OF the Union
Pacific Railway com pany. " hich, under an act
OF congress, was 400 feet in width, but the
parties did not actually know the width of the
right-of-way. and the conveyance, without con
forming to the intent Of the parties, included
the RICH way with covenants Of general
warranty; Held, That the grantor was entitled
70 have the deed reformed so as to except
therefrom the right-of-Vay to which he had
no title.
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
7102
Moline Plow Company VS.. P. A. Rodgers and L
q. Cooper
Error from Ness County.
AFFIRMED.
SYLLABUS By THE COURT ALLENJ


l. A vendor who sells and delivers goods at
prices and on terms of payment definitely
liked by the contract, 1t retains the right TO
elect TO take the goods remaining unso1d By
his vendee as the property of the vendor is
not the owner of the goods until after the
actual exercise of such election, and creditors
Of the vendee yBh0 attach such goods prior to
any election by the vendor acquire valid lien
thereon
2 Where goods are delivered by the owner
to a agent under contract authorizing the
agent sell and retain all the proceeds over
the price fixed in the contract. and also giving
the owner the right al the close of the season
to require payment from the agent OF the
price liked for all goods delivered TO him, and
where the agent abscOnds and the property so
in his possession is attached by his creditors.
il the owner with knowledge of these facts
commences an &C ton against the agent for the
purchase price OF the goods treating the trans
action as a sale the commencement OF such
action passes the title to the agent. and will
prevent the owner from thereafter maintain
ing a. action to recover the property from the
sheriff holding it under writs OF attachment
All the justices concurring-
true copy.
Attest: G. J. BROWN.
lEEALl Clerk Supreme Court