davidaulloa/AmericanStories huggingface dataset:
The advocate., 1894-02-14

REVERSED.
SYLLABUS. BY THE COURT. HORTON. G., ]
/. Where an action is brought for the un-
lawful conversion Of personal property and
the petition is somewhat indefinite as to the
time Of such conversion, which 1s material In
the case, and motion Is made by the defend
ant to compel the plaintiff to state the exact
date Of conversion, and such motion is over
ruled, and the plaintiff and defendant both
offer evidence as to whether the action was
commenced In time, and the defendant at the
close Of plaintiffs testimony and before offer
ing his evidence asks leave to file o supple
mental answer raising the question Of the
statute Of limitations, but this Is overruled,
and thereafter questions are submitted to the
Jury % to when the action accrued and Of the
date and service Of the summons: Held, That
the case must be regarded as having been
tried as II the statute OF limitations were in.
Volved, or that the refusal OF the trial court to
permit the plea Of the statute OF limitations to
be fled was, under the circumstances, an
abuse of discretion,
q. The time that defendant is out Of the
state after q cause Of action has accrued
against him, cannot be computed as any part
OF the period within which the action must be
brought.
All the justices concurring.
A true copy.
Attest: G. BROWN,
[sEALl Clerk Supreme Court.
922O.
John M. Wilkerson, Sheriff Of Shawnee County
vs.. The Belknap Savings Bank
Error from Shawnee County.
REVERSED
SYLLABUS. BY THE COURT. HORTON, c.
Sec, q, Chap. 100, Sess. Laws OF 1893, of the act
concerning the "sale and redemption Of real
! estate" is without force or effect, and, there
fore, does not change the commission Ci
sheFifis upon the sales Of real estate.
All the justices concurring.
A true copy.
Attest: C.J. BROWN,
fsEALl Clerk Supreme Court
$685.
Great Bend Land and Lot Company VS.. 7. c.
| Cole.
Error from Barton County.
AFFIRMED.
/ cvtY Apvrp nv NUN NOUpm uOpwON n
The advocate., 1894-02-14

J. w. Conner, sheriff OF Cowley County va. w.
?, Hardwick, Assignee OF the Estate Of G. w.
Ridgeway.
Error from Cowley County.
The advocate., 1894-02-14

be three yearS Sec q, art. Is, Of the state CON.
sutouon; sec, 2 chap. 1SO, sess. laws Of 1876
A true copy.
Attest: BROWN,
lsEALI Clerk Supreme Court.
7OOl.
The Burlington Insurance Company VS.. WV.
Mortimer.
Error from Cotfey County.
AFFIRMED.
SYLLABUS BY THE COURT. JOHNSTON ],
In an action against an insurance companv
In any county service Of summons may be made
upon the chief officer Of the agency which the
company may hEve in such county as provided
in section II Of the Justices Code,which Drovi-
sion was not repealed by the enactment OF
section Al, chapter SO, laws Of 1871, nor by Sec
tiOn 4, chapter 1l2, Of the laws Of 1875.
All the justices concurring.
A true copy,
Attest: G. j. BROWN,
[sEAL Clerk Supreme Court.
7O1l.
The Southern Kansas Railway Company and
the Atchison, Topeka & Santa Fe Railroad
Company vs.. Aaron s. Drake.
Error from Franklin county.
REVERSED.
SYLLABUS by THE COURT. JOHNSTON, ].
An employe, possessed Of full knowledge Of
the services to be performed by him and of
the dangers which they involve, who volunta-
rily accepts the employment and continues in
the service Of the employer, will generally be
held to have assumed the risk Of the hazards
Of such service and to have absolVed his en-
ployer from liability for damages in case Of
injury. Rid. 90. " Schroeder, AZ Kas., Sl5.
All the justices concurring
A true copy.
Attest: G. J. BROWN,
[sEAL Clerk Supreme Court.
The advocate., 1894-02-14

The Atchison, Topeka & Santa Fe Railroad
Company, and The Southern Kansas Rail.
way Company VS.. Orie Davidson.
The advocate., 1894-02-14
Error from Cowley County.
REVERSED.
SYLLABUS.


Where firm of contractors entered into o
written contract with some hfty.six subscrib-
ers to construct and equip . creamery for
100000, conditioned that che subscribers &C.
cepting such creamery would pay that amount
for the same, and the written contract had the
further provisions that the firm would hold
each subscriber for the amount he subscribed
and no more, and that Is soon as 100000 was
subscribed, or In reasonable time thereafter,
the subscribers would incorporate under the
laws OF the state Held, That such contract
did not limit or prevent the corporation. after
II was fully organized and In operation, from
agreeing TO assume and pay . balance due to
the contractors not collected from the sub
scribers, for the construction Of the creamery,
IL such creamery were turned over and 40
cepted by the corporation upon such an agree
ment.
All the justices conourring.
Atrue copy.
Attest: q. J. BROWN,
lsEAL Clerk Supreme Court.
The advocate., 1894-02-14
7ll9

Davis and Rankin vs. the Dexter Butter &
Cheese Company.
The advocate., 1894-02-14
9G72.

The state of Kansas vs.. Joseph Clyne.
Appeal from Stafford County.
AFFIRMED.
SYLLABUS. BY THE COURT. HORTON. G.
The advocate., 1894-02-14
SYLLABUS.

The Miami County National Bank Of Paola,
Kansas, vs.. George D. Barkalow.
Error from Miami County
The advocate., 1894-02-14

@. ]. BROWN,
Clerk Supreme Court
The advocate., 1894-02-14
MODIFIED.

Error from Sumner County.
The advocate., 1894-02-14
SYLLABUS.

The Southern Kansas Railway Company and
the Atchison, Topeka & Santa Fe Railroad
Company VS.. Aaron s. Drake.
The advocate., 1894-02-14
J. N. Limbocker vs.. william P. Higinbotham

J. N. Limbocker vs.. William P. Higinbotham
Error from Riley County.
REVERSED
SYLLABUS. BY THE COURT. JOHNSTON, J
A creditor may maintain an action upon the
original claim against an assignOr who has
made an assignment for the benefit of credit
ors, which Is still open, and recover a personal
judgment against him for the amount due,
Notwithstanding such creditor has presented
and had allowed In full q claim against the
estate upon which no payment has been made.
All the justices concurring
true copy.
Attest: G. J. BROWN.
[sEAL Clerk Supreme Court.
The advocate., 1894-02-14

NV. B. Van Denmark and C. w. Van Denmark vs..
F. Z. BarOns.
The advocate., 1894-02-14

The Equitable Mortgage Company vs.. John W.
Lowe, ct al
Error from Phillips County
AFFIRMED.
SYTIARUa BY THE COURT HORIZON g. I
The advocate., 1894-02-14

Great Bend Land and Lot Company VS.. T. c..
Cole.
The advocate., 1894-02-14

The Burlington Insurance Company VS.. W. w.
Mortimer.
Error from Coffey County.
The advocate., 1894-02-14
CIV. Ament VS.. Lottie G. Lowenthall.
Error from Shawnee County.
REVERSED.

REVERSED.
SYLLABUS. BY THE COURT. HORTON, G. ]
The advocate., 1894-02-14
REVERSED.

Error from Franklin county.
Arizona republican., 1894-07-20
GRIGSBY'S CHICKENS.
The Raid on the Avlary is
 UnaVenged.
Two Jurymen Refuse to Convict Because the Colored Defendant
 Won't Admit His Guilt.

Henry Owen, colored, charged witt stealing twenty Buff Cochin chickens from Robert Grigsby, succeeded in cre- ating so great reasonable doubt in z jury of his peers that after sixteen hours consideration of the case Mir. Owens peers despsired of reaching a verdict and Justice Johnstone permitted them to agree to disagree.
 A considerable part of the iury's time was spent in philoglcal discussion con- corning two words which a part of the jury held to be synonyms so far as this case was concerned. Mr. Owen had consented to testify in his own be- half and ln the course of his testimony he said he had raised "dem chickens,' J meaning the chickens which had been found in his possession and which MT. Grigsvb claimed had been taken from his aviary.
 All of the jury but two contended that the word "raised" was synony- nous with the word "lift' and that Mir. Owen had admitted that he had lifted" the chickens as Mir. Grigs by had stated to the court on information and belief. The other jurymen agreed that raised" and ''lifted" were syno- nyms when they both meant 'elevated" but by raised" MT. Owen evidently intended to convey the impression that he had reared, brought up or educated the chickens whereas MT. Grigsby by lifted" meant to infer that MT. Owen
 
 them in which case the two words were not synonyms.
 The majority of the jury believed that there was enough evidence beside MT. Owens admission to convict him but the other two jurors believed not. The ballots were numb berless and though the results sometimes varied 1t hap pened that the first ballot and the last were the same.
 After the jury had been released Justice Johnstone held the two dis senters in conyersation and almost in contempt. ''I don't see how you man. aged to disagree or how you could help convicting." said he; There you had a set of facts sworn too by five reputable citizens, and four of them disinterested, fully establishing the nlgger's gnilt."
 "Yes, I know" replied one of the dissenters, but the nigger himself denied the whole business, so what could we do?" and the justice was speechless.
 Public opinion is divided on the trial. J. E, Walker 8 VIrginian, eald, II don't know Owens or anytniug about the case, but if 1 had been on the jury and it had been shown that the colored defendant knew where Grigsby's hen roost was, 1 should have found him guilty"
 Other southern men blame Mir. Grigsby who is sontherner himself, for departing from southern customs by making 8 fuss about. Said James T. Boyd, 1 never heard of such a thing before. In the east when a planter noticed that raid had been made on his poultry he'd go the next day to a sus- pected colored man and say. ''I want you to come over and chop cotton for me tomorrow and bring your folks.' The nigger would probably reply, deed can't boss, I'se busy, and the planter
Arizona republican., 1894-07-20
FREISNECKER'S HATE.
He Regrets that His Aim was De-
 feCtiVe.

He Regrets that His Aim was De-
 fective.
 The preliminary hearing of W. E Green for shooting Billy Mcdonald will take place before Justice Johnstone at 2 o'clock this afternoon.
 It will be followed at 4 o'clock by the hearing of Frank Freisnecker for the attempted murder of hls partner Chas Perry.
 Freisnecker is supposed to be insane. He expressed no regret yesterday for the shooting, unless 1t was regret that it was so intellectual. In fact he wal surprised and disappointed when he learned that Perry had not been nor tally wounded. Later in the day Perry called at the jail and when Freisnecker saw him his eyes shone with hate. "I'll kill you," he cried, Eff it isn't for twenty yearsI"
Arizona republican., 1894-07-20
SAVED A BABY'S LIFE.
Little Francis Lount Narrowly E!

Little Francis Lount Narrowly Es-
 capes a Horrible Death.
 Mir. Frank Luke saved baby's life yesterday morning. The baby was 3-year-old Frances Lount. She was playing in 8 screened portion of the porch at the Luke residence. She found some matches and lighting them set the bedding on fire. Mir. Luke was in the yard near by and saw the flames licking up the bed and threaten ing the baby, who was hugely enjoying the display of fireworks. MT. Luke tore down the screening and snatched the baby from the flames, not though without painfully burning his hands, One of the little girls feet was severely h1rnpd
Arizona republican., 1894-07-20
MOUNTAIN LAKE PARK,
On the Main Line of the Baltimore
 & Ohio Railroad.

On the Main Line of the Baltimore
 & Ohio Railroad.
 On the crest of the Alleghenies, 5000 feet above the tide water, is one of the most charming and healthful resorts and contains 800 acres of forest and glade. The temperature is delightful and hay fever and malaria are un- known. The park is lighted by cleo tricity. The hotels and boarding houses are first class; board from $7 to $l5 per week. Furnished cottages or rooms at reasonable rates. All Baltimore & Ohio trains stop at the park. Write to L. A. Rudisill, superintendent, Mountain Lake Park, Md, in regard to hotels, etc., and for information as to time of trains, rates of fare, etc., call on any agent of the Baltimore & Ohio South western railway. or address o. P. Me Carty, general passenger agent, St. Louis, Mo.
Arizona republican., 1894-07-20
A Simple Fare,

James Perry was in police court yes- terday for drunkenness and was given five days. James had arrived just in time to distinguish himself by his en- deavors on the street gang. He de- clined to embrace the opportunity and in the meantime the jailor has pre- sented him with menu card on which the entree is bread. and dessert, water. There are no intermediate courses mentioned on the card.
Arizona republican., 1894-07-20
When Can You Go?

The Santa Fe Route" will sell from Deming or Fl Paso round-trip tickets good until October 3lst to the following points and at the following prices, Chi cago $68.60, St. Louis $61.10, Kansas City $52 95, Milwaukee $72.1O and St. Paul $76.45. Call or address agents named below.
 C. c. CARPENTER, c. H. MoREHoUsE,
 Trav. Pass. Agt. D. F. &P. A.
 El Paso. Fl Paso.
Arizona republican., 1894-07-20
OtlCe.

A meeting of the members of the Maricopa county Republican Qeague} club will be held at the City Hall on Friday, July 20. at 7 80 p. m. for the purpose of filling offices made vacant by resignation, removal or death and for the transaction of such other business as may properly come before the club FRANK J. PECK, J. $. WOODWARD,
 Secretary. President.
Arizona republican., 1894-07-20

Send us 75 cents in stamps and we will mail you THE WEEKLY REPUBLICAN for six months. No better way to learn all about the Great Salt River valley and its unparalleled climate and re- sources,
Arizona republican., 1894-07-20
Take Notice,

All persons having stock on pasture at my place half mile north of Phenix must call for the same within ten days and settle all pasturage bills or such stock will be sold according to law.
 J. T. SINIMs. Phoenix, Ariz., July 15, 1894.
Arizona republican., 1894-07-20

would significantly remark, some thing got among my chickens last night.f whereupon the colored man would change his mind and say, ''all right boss, we's comin'."
Arizona republican., 1894-07-20

Parties desiring lots in the beautiful Simms additioni should apply to J. T Simms. Office Room Monihon build ing, from 10 to 12 and l to o'clock.
Arizona republican., 1894-07-20

Subscribe for THE REPUBLICAN. De, livered in any part of the city for only 15 cents week.
Arizona republican., 1894-07-20

If you have not dropped into the Dairy, formerly Nickel Plate, and tried the cold melons, delicious pastry and fruit ices, you have not lived. The only first-class white lunch counter in the city,
Arizona republican., 1894-07-20
A CARD

invites inspection, and that especially the case with our card which tells you the proper place to purchase drugs and medicines. They are the preservers of health, and what effects your health is of vital moment. Never be indifferent about your medicines, but be sure that they are carefully compounded by com petent pharmacists. All our drugs are pure, fresh, and potent, and every pre- scription compounded by us is correctly and conscienriously prepared@a Besides drugs and medicines we also carry a complete line of toilet articles and per fumery.
 c. ESCHMAN & CO,
Arizona republican., 1894-07-20

Discount sale at the Racket store next Wednesday.
Arizona republican., 1894-07-20

If you want to keep cool this summer get an electric ian from Pratt Bros. Cali and see them work.
Arizona republican., 1894-07-20

Miss Nelson teaches piano, guitar mandolin or banjo; at the Vendome.
Arizona republican., 1894-07-20

For Rent-Newly furnished front room, 325 Monroe street.
Arizona republican., 1894-07-20

Steam Laundry, Center and Jackson.
Arizona republican., 1894-07-20

Dr. Stroud, eye, ear, nose and throat
Arizona republican., 1894-07-20
Shoe shop.

COLORADO BOOT AND SHOE REPAIR V SHOP-Work Neat, Substantial and Guar anteed. Prices reasonable. T. E. Hickey, pro- prietor. 30i West Washington St. Two doors east of the Vendome.
Arizona republican., 1894-07-20
Why Is 1t So?

mandolin or banjo; at the Vendome. Why Is 1t So?
 Why is the Simms addition bound to be the favorite high class residence dis trict of the new Phoenix? | Because it is just the right distance l from town.
 Because It is laid out in lots, parks and avenues upon plan that has ev- anywhere proven success.
 Because the perfect drainage, growing shade, fertile soil and abundance of water for drinking and irrigation all point to that destiny.
 Dr. Ancil Martin, eye, ear, nose, throat and general surgery.
 Where Will You Spend the Summer?
 The Baltimore X Ohio Southwestern railroad has an attractive list of sum- fore you decide where to go, ask some agent of the B. X 0. s. w. By. for a copy or write O.. P. McCarty, general passenger agent, St. Louis, Mo. Glllett IS the best pantaloon cutter ln America. His summer pants are cheap but luxurious.
 Persons thinking of building will find l it to their advantge to examine the prices of cresting and sash weights which are cast at the Standard Iron Works, near the capitol grounds.
 Dr. Prices Cream Baking Powder
 Most Perfect Made.
Arizona republican., 1894-07-20
SAVE TIME AND MONEY

By taking the cheapest and quickest route from Solomonville to Sheldon station and Clifton, or from Clifton to Solomonville Only nine hours making the trip either way. Greens don station every Monday, Wednesday and Friday T at s o'clock a. m., arriving at Sheldon the train from Lordsburg to Clifton. Return ing from Sheldon to Solomonville on arrival of train from Clifton every Tuesday, Thursday and Saturday, arriving at Solomonville bv 4 o'clock p. m. We shall spare no time or ex- pense to make it to the interest of all who will favor us with their patronage. Commercial men and others who have to travel on odd days can always be accommodated by timely notice. Fare, s5; round trip s7.50. We have a corral at Solomonville, where we give animals good care and plenty to eat and drink Saddle horses, teams and buggies to let Thanking the public for their liberal patronage hereto fore bestowed and asking & continuance of the same, we remain yours respectfully,
 N. GREEN & SON.
 SoLoMoNvILLE. Ariz.. March A. 1894.
Arizona republican., 1894-07-20
SchOOIS.
Arizona Historical Society.

The material prepared by the above named society will be published for the four months beginning with the July, 1894 number, in the OVERLAND MONTHLY, San Francisco, Cal, under the caption of Building State in Apache Land." Subscription price, sS year in ad- vance, or s1 for the four numbers.
 CHAS. D. BOSTON. President
Arizona republican., 1894-07-20
Machine Shop,

o-o~C-~~---~-o-o-o-0ce-~c COPELAND < McCALLUM, 32 Wall street. of machinery built or repaired. Models and patterns made. Soldering, brazing, grindin or any other work in the mechanical line. En. zines remOdeled
Arizona republican., 1894-07-20

LNLORENCE HOTEL-REFITTED AND RE
 A furnished throughout. Strictly frst-class in every respect. ROBERT WILLIAMS. Prom.
Arizona republican., 1894-07-20
B1cXcleS.

 :" S. GRlSWOLD-Manufacture agent IL. and general commission merchant dealer in bicycles and cycling sundries. All kinds of difficult bicycle repairing skilfully done. g South Center St.
Arizona republican., 1894-07-20
Society.

DHGN1x LODGE NO. 5, A. 0. U. W. meets U in Monihon Block every Wednesday eve ming M. w., B. A. Fickas; Recorder, J. D. James. Visiting brethren cordially invited.
Arizona republican., 1894-07-20

Gillett IS the best pantaloon cutter in America. His summer pants are cheap but luxurious.
Arizona republican., 1894-07-20

Dr. .Ancil Martin, eye, ear, nose, throat and general surgery.
Arizona republican., 1894-07-20
Pensions.
Mining Engineer.
Assaver.

A J. PORTERIE, ,ASSAYER, WASHINGTON A. street, east of P. O. Phoenix, Ariz
 PRICE FOR ASSAYS: Gold. Silver. Cop'r, s100 Copper. $1 .OO Gold, Silver, Lead, LOO Lead. OO Gold and Silver. 50 Tin ............. 500
Arizona republican., 1894-07-20

A ice at Heineman < Gill building.
 Office hours to a. m., 8 to and to D. m.
Arizona republican., 1894-07-20

Dr.. Prices Cream Baking Powder
 Most Perfect Made.
Arizona republican., 1894-07-20
Boarding.

c. ESCHMAN & co,
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-05-07
From Old
To New,

AS you are well aware
we are now located in orr
handsome new store, 143
Broughton street, corner
Whitaker street. This
move was made necessary
by our increasing business
and the inadequate facili.
ties of our old quarters.
With the increased room
and one of the prettiest and
best-lighted stores in Our
city, we shall be better able
to serve our patrons.
We shall endeavor to
make it a speciality to keep
narrow widths, thereby
enabling us to fit all narrow
and wide feet.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-05-07
A CHANCE FOR CHEAP LOTS.

Those lots which are to be sold at auction
on May II are located in Johnston and At
lantic wards
They front on broad streets, towit: Gwin-
nett, Wolf, I've. Rockefeller, Flagler, Harmon
and Paulsen streets.
The most of them have a front OF thirty
feet by one hundred and ten feet, and all have
lanes in the rear.
Any and every lot on the plat can be bought,
none will be held back. There are several
valuable corners, which will make fine bus,
mess sites.
There are several blocks admirably suited
for Industries or businesses, which may re.
quire connections with the Savannah, Florida
and Western railway tracks.
These lots will sell much lower now than
they will a little later on, because Bilbo
canal which Separates them from the Savan-
nah, Florida and Western railway, is now an
open sewer. and this fact will be discounted
in the selling prices Of these lots. The
rapidity with which this section is developing
will, at an early day, require the city to close
this useful drain, and then these lots will
quadruple in value
Plats are in print and will be furnished on
application. Get one and examine the
ground No fancy prices are expected.
c. Ii. DoRsETT,
Auctioneer.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-05-07

ton, we will cheer each other in the re-
naming onsets, and go into the shining
gate somewhere about the same time,
and greeted by the generation that has
preceded US, we will have to wait only a
little while to greet the generation that
viii come after US. And will not that be
glorious Three generations in heaven
together: The gradfather, the son and
the grandson; the grandmother. the
daughter and the granddaughter And
so with wider range, and keener faculty
we shall realize the full significance Of
the text: "One generation passeth away,
and another genera ion cOmeth. y
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-05-07

In the Rail Car-ProudM other-s'Do see
how BABY laughs every time the conduc-
tor calls station" Cynical Old Bache-
lor-"H'm! probably the young one
thinks the conductor is indulging in baby
talk. 1t does sound as much like that as
anything. Boston Transcript.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-05-07

TO possess extraordinary medicinal vir-
tues. and such was the pressure for the
once-despised fluid that a fountain opera
Ted by steam power was established to
accommodate the public No artesian
well can be possible in such localities.
The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-05-07
FORTY ACRES OF GROUND SINK.
A Remarkable Occurrence Reported
in Chile.
From tie Philadelphia Record.

From tie Philadelphia Record.
Panama, April 25.-Advices from Val
paraiso, Chile, note a remarkahle occur
renee on hill called Cerro Negro, stu
ated in the mineral district of Condoriaco.
An enormous subsistence of about forty
acres ground has taken place. All the
springs of water in the adjacent gullies
have become completely dry. All round
the eminence in the center of the subsid-
ence the earth appears to be in move
ment as if trickling into a depth below.
ON the side of the subsistence great pieces
OF the hill appear TO be in process of seq
regation and enormous land slips appear
to be imminent.