davidaulloa/AmericanStories huggingface dataset:
The DeLamar nugget. [volume] (DeLamar, Idaho) 1891-1900, 1894-09-22

During The month Of August the
mines operated In the United States
paid IN dividends, total Of $e12.25o.
Tho dividends 90 far for tho year have
bssn A.6l0.l34. These figures have
been exceeded BY no other industry ex-
capt the sugar trust. II that can be call
cd an industry.
The DeLamar nugget. [volume] (DeLamar, Idaho) 1891-1900, 1894-09-22

How to escape the incop,e tax is'he
most absorbing question amorg the
wealthy skiu6nte OF he conniry, and
there is little doubt thet many of them
will find wsy-Weioer Signal
The DeLamar nugget. [volume] (DeLamar, Idaho) 1891-1900, 1894-09-22

The South Mountain Lumber Compa-
ny is now prepared to fill all orders for
ough and dimension lumher, in Della
mar or Silver City, or any Owyhee miu-
ing camp. Address all orders to South
Mountain Lumber Company, DeLamar,
or apply to VIM. Henderson, who will
have charge of The lumber yard in De-
Lamar.
DeLamsr, May IL, 1894. .
The DeLamar nugget. [volume] (DeLamar, Idaho) 1891-1900, 1894-09-22

cANrER's HOT MINERAL SPRINGS.
One mile below the town of Jordan
Valley.
The Hot Mineral Water will cure
your ills.
Board and lodging, including baths,
soap and towels, $500 per day.
Table provided with the best the
marke affords.
The advocate., 1894-10-10

and ths other had his shoHldsr shattered
by volley. There was no effort %
capture the mem. Instant death was the
program. Dead men tell no tales, but
these lived, and the secret Of the iARa-
NOUS plot 10 ont.
The average detective is an average
sooundrel. AS q rule there is no pFin-
Ciple Of dscsncy he will not viOlate and
no promise too sacred for him to break.
He is q sneak, q snake, q liar and hYpo.
critic. A few exceptions there may be
but they are seldom met. But the aver
age detective, even, 10 gentleman COM
pared to the one who prOcuEes men TO
enter upon q criminal career that hS
may rise in favor; aud this brute, even,
is infinitely better than the officers Of Q
company who sanctioned and paid Tor
the work and had two men led up to the
slaughter that their awful fate should
bS q warning to any others who might
DO contemplating train robbery.
OF course nobody will be punishedS
excepting the farmers who lived. The
express company and the railroad COM
pany are themselves great robbers, but
too great to be caught. When smaller
and less important robbers attempt TO
uteal some Of the spoils of the great rob
bers the latter become muFdererB also,
In order that their future operations
may DO safe. And nothing will DO done
about IL. The corporations run this
country, including its courts, and there
Ia no crime they can not safely commit.
Railway Times, October l.
The advocate., 1894-10-10

in the first degree, and convicted OF murder In
the seoond degree. That ne killed the de-
ceased by shooting him was conceded. The
court correctly defined the crime OF murder In
the drst and second degrees, and OF man.
slaughter In the several degrees, but failed 20
charge the jury that II they were In doubt In
which Of two or more degrees the defendant
was guilty, they should convict OF the lowest
degree only. No instruction to this effect was
asked by the defendant The evidence showed
that the killing was wilful and malicious IL tt
was not justlhSble, and did not fairly tend to
prove granddaughter In any degree, Held, that
no error was committed In falling to charge
on this point.
l. A defendant who takes the stand and
testihes % o witness in his own behalf, may
be cross examined upon matters affecting his
character and credibllity, the same IS other
witnesses, and the facts developed on the
crosseXaminAtton, even though they Incl.
dentally tend TO show that the defendant Is
guilty Of other offences than that for which he
ts on trial, become proper evidence In the case
to be considered by the jury, 80 far as they
tend TO prove any issue in the case.
8. Where the term Of the district court at
which o criminal case is properly triAble,
lApses without any formal adjournment, and
without any special order continuing the case
till the next term, the court does not thereby
lose jurisdiction OF the case, but may proceed
with the trial ct the next regular term.
6. The evidence In the case examined, and
held sufficient to sustain the verdict
All the justices COncurring.
true copy.
Attest: C.J. BROWN,
SEAL Clerk Supreme Court
The advocate., 1894-10-10
Robbers, Great and Small.

The strain robbOry" on the Santa Fe
at CORN, Mo-, recently, was q most r0-
mRrkRble affair. Careful readers Of the
accounts OF this sensational hold-up will
easily reach the conclusion that 1t was
deliberately planned and executed by the
officials Of the company.
Train robbery is certainly q heinous
crime, and deserves severe punishment; {;
but it is Q saints act when compared TO
the devilish work Of the company de-
tective who deliberately draws ignorant
farm hands into o scheme Of his own
COnoocting in order that he may prove
his efficiency and make capture. This,
without Q doubt, was just what hap
pened In the CORN affair.
The company knew the attack waS to
be made-just when and where it would
be made, and In what houses to find the
robbers afterwards, should either Of them
escape death. One Of the farmers on
his death-bed says that McDSniels, Of
the secret service, planned the whole
project and urged them into It. The
fuller atrocity Of the deliberAtiOn with
which the company set about deluding
and then butcheriDg the two farm hands
will be better understood whom 1t is
stated that that blood.thirsty sheet, the
Chicago Tribune, had 9 reporter and a
telegraph operator aboard the train 10
send in q full account Of the intended
murder.
The grand tsbleSu Of assassination did
not come Of according TO the program
laid down by the plotterS. It was sup
posed the robbers would 60 to the ex-
press car where four dstsotivOs were con.
oealed, who would shoot them dead. II
this failed four others on the smoker
were 10 kill them. But with all thil
careful preparation foF instant death
ono Of the farmers escaped untouChOt
The advocate., 1894-10-10

4 Courts win mot undertake 90 direct or
control the internal policy OF such societies,
nor 20 decide questions relating 70 the dis.
cipline Of Its members, but will leave the so.
ciesy free to carry out any lawful purposes in
its own WSy, and In accordance with Its own
rules and regulations.
8 The method OF raising funds 10 carry ont
one Of the benevolent purposes for which the
association was established, and the amount
20 be 80 raised, Is ordinarily matter oRpollcy
which the association has power to determine.
l. The PLAINTIFF are subordinate lodges Of
the Independent Order OF Odd Fellows In Kan
sas. The defendants are the grand lodge Of
the order in Kansas and its principal officers.
All the parties recognize the sovereign grand
lodge of the United States RS having full legis-
latlVe and judicial power In determining mat
ters relating to the order, and an appeal lies
from decision OF the grand lodge OF the state
October, 1898, the grand lodge Of the state OF
capita on ell the subordinate lodges Ia Kansas
for the purpose Of aiding In establishing q
home for the maintenance and education OF
the orphans Of deceased Odd Fellows Ct Kan
sas, on lands conveyed by Z. V. De Boissiore
TO trustees in trust for the maintenance OF
such o home. PlaintiffS seek to enjoin the
collection Of this assessment No appeal ap'
pears to have been taken to the sovereign
grand lodge. The district court refused an
Injunction. Held, not error.
All the judges. .concurring.
A true copy.
Attest: O. J. BROWN,
[SEAL Clerk Supreme Court
The advocate., 1894-10-10
SYLLABUa.

sYILABUa BY THE COURT. ALLEN,
1. An affidavit filed under the provisions Of
the code Of civil procedure % basis on which
process Is issued ministerially by the clerk OF
the court, becomes part OF the record In the
case.
3. An afidsvlt flled under section 149 OF the
code Of civil procedure to obtain an order for
the arrest OF the defendant, becomes part OF
the record. And where Its Buf1ctency ts at
tackled by motion, and sustained by the dis.
trict court, its ruling thereon may be reviewed
by this court without incorporating the Am.
daVit In bill Of exceptions. Being part OF
the record, 1t may be included In the tram
script Of the proceedings Of the trial court
8, An Afldavit for the arrest Of the defend
ant In q civil action, brought to recover the
value Of q quantity Of wheat deposited by she
plaintiff in the warehouse Of the defendant,
For which negotiable receipts were Issued
by the defendant which charges an unlawful
sale and conversion Of the wheat by the de-
fendSnt without the written assent OF the
plaintiff, but fails to state either that there
was no oral assent, that the plSlnhh was SILL
the owner and holder Of the receipts, or that
the receipts were returned or presented 70 the
defendant 10 be surrendered on delivery OK
the wheat, is insufficient TO warrant the ar
rest Of the defendant
l. Grain deposited In q public warehouse
and receipted for under the provisions Of
chapter 2A8, Of the laws OF 1891, TO be mingled
with other grain, does not thereby become the
property Of the warehouseman. but the grain
stored in q warehouse Of particular kind and
grade ia the property Of the holders OF the re-
ceipts outstanding against 1t.
All the justices concurring.
A true copy. .no,,,,,
Attest: Y. J. bROMN,
[sEALl CLERK supreme COurL
The advocate., 1894-10-10
Books Free.

Every person who pays one dollar Tor
years subscription to the ADVOCATE,
during the month Of September, can
have 8 copy of 'The Dead Line" OK
1.-THE Legislative Conspiracy" FREE,
provided he Rsks for 1t. We shall mot
send the book unless requested TO do
90, because many Of our patrons have
them.
"The Legislative Conspiracy" gives an
account Of the legislative trouble In
Topeka, and "The Dead Line" is g. O.
Clemens latest labor story. Both are
good vote makers for the Peoples party.
The advocate., 1894-10-10
SYLLABUS.
In THE SUPREME COURT

IN THE SUPREME COURT
oFTHE 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
gyllGbi Of the decisions in the above entitled
cases Rs the same appear on file In my othce.
Witness my hand and the seal OF the supreme
court, this 8th day OF October 1894.
[sEALl 9. J. BROWN,
Clerk Supreme Court.
The advocate., 1894-10-10
9l40

The.stste Eof Kansas vs.. John Brown.
Appeal from PottSWatomIs County.
AFFIRMED.
SYLLABUS Blythe COURT. JOHNSTON, J
!. In prosecution for an attempt to COM
init rape, whore there ls testimony that force
was used In the attempt by the defendant and
q determined resistance made BY the woman
the fact that no outcry was made Will not nee
essArily defeat the conviction, especially In
case where the resistance made was enectlVe
In frustrating the attempt
Z There must be real want of consent,
and the fact that no outcFy was made by the
woman or that she did not mention the mat
ter to others until long time @fterwsrd are
proper considerations for the jury in deter
mining whether her resistance was honest or
only mere pretense.
8. The testimony examined, and held 70. DO
sufficient to sustain the conviction.
All the justices concurr1nR.
Attest; G. ]. BROWN,
IsRALl Clerk Supreme Court
The advocate., 1894-10-10
BY THE COURT.
SYLLABUS.

Plaintiff claiming under q qultclaim deed
from one Of the defendants and her deceased
husband, brought suit to recover eighty acres
OF land, The defendants answered alleging
that the quit-claim deed was intended Ss
mortgage to secure payment TO the plain
TIA oi one Thousand dollars ana IN
terest. On the trial the plaintiff admitted the
SScts Slleeed In the answer, and asked leave to
amend the petition in accordance Herewith;
This was refused by the court The conrt
made special findings Of fact sustaining sne
Ryerments Of the answer, and showing tnAS
the transaction was mortgage; that the sum
OF q thousand dollars with interest from the
date Of the deed is secured thereby, but re-
fused to grant the plaintiff any reneI, ana nr gu
tered Judgment for the defendant, He'd, error,
and ordered that judgment be entered on the
special findings, directing the sale Of she lanoS
In controversy to satisfy the plaintihs Hen
All the justices concurrtng.I
A true copy. .now1,
Attest: Y. J. bkOmN.
TSRALl Clerk Supreme Court
The advocate., 1894-10-10
9Al8

The State Of Kansas Vs. John. ..DiebOlt
Appeal from Doniphan County.
REVERSED.
svrYApua BY THE COURT. ALLEN,
To sustain conviction Of murder every ele-
mont Of the crime must be established 0y
competent evidence, and where this court can
saw from the record that every fact shown Oy
the testimony Is consistent with the inno-
cence of the defendant, the conviction must
be get aside. In this case IL Is held that there
Is not sufficient evidence TO uphold the YER
dict
All the justices concurring
A true copy.
Attest: Y. J. BROWN,
TsFALl Clerk Supreme Court.
The advocate., 1894-10-10

Sec our 10 cent campaign offer in this
issue, and send in q club. You can't
convert people without getting them 10
read.
The advocate., 1894-10-10

You ought to read the new book "The
Dogs and the. Flsas." Sec premium list
The advocate., 1894-10-10

been executed and discharged is not permis-
gible.
All the justices conCurring
A true copy.
Attest: G. J. BROWN,
IsRALl Clerk Supreme Court
The advocate., 1894-10-10
97S7.

Reno Lodge, No. 90, L o. o. F., Hutchinson, and
Others Va. The Grand Lodge Of the 1ndepend'
emit Order Of Odd Fellows Of the State Of Kan
-sas, and Others.
Error from Shawnee County.
AFFIRMED.
NYLLAsua By THE CoURT. ALLEN,J
1. Persons Voluntarily becoming members
OF q frRternal and BENEVOLENT society are
bound by all reasonable rules and regulations
Of the society,
The advocate., 1894-10-10

7Os1
The United States Investment Company, et al
vs.. The Phelps & BigolOw Windmill Com
pany.
7OS2
The United States Investment CompGny'et al
vs.. The Phelps & BigeloW Windmill Com
pSny,
Error from Rocks County.
AFFIRMED.
SYLLABUR. BY THE COURT. ALLEN, ]
/. A lien for materials furnished for the
erection Of improvements on lands In Kansas
may be maintained where the contract Is en-
tered into In Missouri, 30 well % II 1t were
made In Kansas.
2, In order to create 0 lien on the home
stead for improvements erected thereon the
Joint consent Of husband and wife ts not nec-
eSs9ry.
All the justices concurring
Attast: C.J. BROWN,
TsRAL1 Clerk Supreme Court
The advocate., 1894-10-10
The State Of Kansas Vs. James w. Wells.
Appeal from Ford County.
AFFIRMED.
svr1ARUa Blythe CoURr. ALLEN, J
SYLLABUA

1. II Is not error for the court to permit prt-
vate counsel TO assist the county attorney, BY
HIS request In prosecuting o criminal action,
and to make the opening statement OF the case
to the jury.
cluded In the written charge Of the court, ana
Ti0ht. but rests under the duty 70 withdraw
the erroneous instruction from The conSidere-
ton Of the Jury, and whore this 10 done In such
A manner that IL must necessarily have BEEN
clearly understood By the jury the error IN
8. The defendant was charged with murder
The advocate., 1894-10-10

B0S0
The State Of Kansas vs. Man Ray.
Appeal from Lyon.County.
AFFIRMED.
SYLLABUS. BY THE COURT. ALLEN,
A witness cannot be impeached by showing
that he has made statements out OF court on
matters not relevant to the issues in the case
differing from those made on the witness
stand, nor can q witness be impeached by
showing transactions not connected with the
issue being tried which are denied by the
witness.
All the justices ConCurring.
A true copy.
Attest: Gu BROWN,
fsEALl Clerk Supreme Court
The advocate., 1894-10-10
1884.

John s. Meredith vs.. Sarah Meredith. ct al.
Error from BrownSCounty.
REVERSED.
The advocate., 1894-10-10
AFFIRMED
SYLLABUS.
By THE COURT.

/. It devolves upon the appellant who al
leges error to bring so much OF the evidence
and proceedings Of the trial court as will
Sfirmetlvely show that prejudicial error was
committed.
q The suficiency of the evidence TO sus.
tain the finding or verdict cannot be reviewed
in the absence Of all the evidence that was
offered in support Of the same.
8 A Judgment viii not be reversed In such
0 case because OF rulings upon instructions
whom there is no statement In the record that
the testimony tended to sustain any particu.
lar claim or theory, nor anything to show that
the Objectionable rulings may not have be-
come unlmportant on account OF that which
was omitted from the record.
All the justices concurring.
A true copy.
Attest: G. J. BROWN,
[sRALl Clerk Supreme Court
The advocate., 1894-10-10

Advocate" List Of Premiums, Books and
Periodicals.
The advocate., 1894-10-10

The State oilKansRs vs.. Charles NJ. Forline.
Appeal from Osborne County.
AFFIRMED.
The advocate., 1894-10-10

S.J. Bryan vs.. VIM. CongdOn.
Error from Harvey County.
REVERSED.
SYLLABUa By THE COURT. ALLEN, ]
The advocate., 1894-10-10

We are offering the following liberal
terms on books and periodicals: III
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-11-08
NORTH END NOTES.

]. j. Bonner visited friends in Old
Forge yesterday.
Edward O'Malley, of Market street
is visiting friends in Mahanoy City.
The Big -Four Social club VIII hold
their first social III O'Malley's hall on
Friday evening.
There will be a game of foot ball be-
tween the North End and the Pittston
eleven in Park Place on Saturday af-
ternoon.
An important meeting of the Frank
Fl. Clemons Republican club will be
held in Rogers hall tomorrow evening.
All members are requested to be pres
ent.
Division No. of-the Ancient Order
of Hibernians held social in Armory
hall last night which was we'll attend
ed. The grand march was led ny
James j. Grler and Miss Phillips. X.
NJ. Maloney acted as prompter.
Henry p. Davis, of the West Side,
lectured in the Welsh Baptist church
last evening to a large number on his
visit to Denver, Pixies peak. and the
Salt Lake city, in Utah. He thinks
that the country Is indebted to the
Mormons for reclalming that section
which was formerly sandy plain, and
that any person who wishes to see some
beautiful scenery should go to Colorado
An invitation was given him to deliver
another lecture in the near future on
Yellowstone Park and Salt Lake city
The lecture was held under the aus.
pices of Cariadlawn lodge, No. 8, of the
Order of American True 1vorites, OF
which order'Alr Davis is one of the old.
est members and has been grana treas.
nrnr.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-11-08
Brief News Notes.

The erection of the new Washburn
Street Presbyterian church is progress
ing rapidly. The exterior will soon be
completed.
The Epworth league convention will
be held today in the Simpson Metho-
dist Episcopal church. A large number
of delegate will be present.
A man was arrested on South Main
avenue by Lieutenant Williams and
Officer Lowry yesterday morning. He
was placed in the station house.
A great deal of amusement was
created by young men who rode in
wheel-barrows on the main thorough
fare last evening. 1t originated through
election bets.
Benjamin John was arrested at an
early hour yesterday morning at the
Oxford mines by Constable Edward
Stock. He was drunk and disorderly
and was placed IN the station house.
John Taylor, who died few days ago
at the Hillside home, was buried yes
terday afternoon from Wymb's under
taking establishment. Interment was
made in the Hyde Park Catholic Gene
terry.
A number of friends assembled at the
home of Mrs. James Butcher, on North
Lincoln avenue, last evening and a
pleasant time was the result. Messrs.
Jones and Griffiths gave banjo and
guitar solos and duets, while James
Van Camp, of Tunkhannock, played on
the cornet admirably. Those present
were Misses Margaret Van Camp, Cora
Butcher, Nettie Clay, Lizzie Butcher,
Mrs. Clary, of Tunkhannock; Professor
and Mrs. Archie Jones, James Van
Camp and G.T. Grifiiths.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-11-08
ScrantOn's business Interests

THETRIBUNEw will soon publish a care
fully complied ana classified list of the
leading wholesale, banking. manufacture
ing and professional interests Of Scran-
ton and vicinity. The edition will be
bound IN book form, beautifully illustra-
ed with photogravure views of our pub
lie buildings, business blocks, streets,
etc., together with portraits of leading
citizens. No similar work has ever given
an equal representation of Scranton )
many Industries. 1t win be an invaluable
exposition Of our business resources.
Sent TO persons outside the city, copies of
this handsome work will attract new COM
ers and be an uneQualled advertisement
of the city. The circulation is on plan
that cannot fail Of good results TO those
concerned as we'll as the city at large.
Representatives of THE TRIBUNE will
can upon THOSE WHOSE NAMES are
DESIRED in this edition and explain It's
nature more fully.
Those desiring views of their residences
in this edition will please leave notice at
the office.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-11-08
DUNMORE DOlNGS.

Fresh oysters received daily at Pal
mers market.
Miss Millie Angwin of Blakely street,
and George Dainty will be married this
evening.
Mr.. Watson, of Moscow, is visiting
his son-in-law, A. T.. McDonough, on
Drinker street.
Miss Diana Capwell, of Mill City, will
spend the winter with her sister, Mrs.
Packard, on Cherry street.
The weekly prayer meeting at the
Presbyterian church will be held this
evening instead Of Wednesday evening,
the regular meeting night.
Arthur Glencross and Miss Martha
Hadden, both residents of this borough,
were married last evening at the resi-
dence of the brides parents.
The funeral of Patrick Mcdonald will
be held today at 2 o'clock at ST. Mary's
church. Mr.. Mcdonald was 46 years of
age. He leaves a widow and six chill
dren to mourn his loss.
Frank Winters, Otto Dresser and
Michael Early will spend today on n
hunting trip at South Caanan. They
Say they will not return until they have
thirty-six rabbits.
Mr.. and Mrs. George Englert, of But
Ter street, celebrated their twentieth
wedding anniversary last evening.
Many invited guests We're present and
enjoyed a very pleasant time. Mr.. and
Mrs. Englert have hosts of friends that
wish them long life of happiness.
The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-11-08
MRS. WILLIAMS HORSEWHIP.
She Used II with vigor Publicly OIL MIR.
and Mrs. Lewis Morton Last Night,

She Used II with Vigor Publicly OH MIR.
and Mrs. Lewis Morton Last Night.
Much excitement was created at
Washington avenue and Pine street
last night by Mrs. Benjamin Williams,
of New street colored lady. who
horsewhpped Mr.. and Mrs. Lewis Nor
ion, Of Hitchcock court, who are also
CulOred.
Mrs. Williams Is q large woman
ana for some time past she has been
annoyed by the circulation of stories
injurious To her reputation. One of
these stories of particularly offensive
character she charges Mrs. Morton
with circulating.
She resolved to be revenged and last
night waited for Mr.. and Mrs. Morton
as they We're on their way home from
tho Howard Place church. As they ap-
preached, Mrs. Williams came down
on Mrs Morton with her whip and then
turned to Mr.. Morton and administered
severa! blows to him before bystanders
interfered.
Mrs. Williams broke away from
those who held her, but Mr.. and Mrs.
Morton escaped before she could attack
them again,