davidaulloa/AmericanStories huggingface dataset:
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-26
DEATH OF A NEGRO.
he Was Killed While Clutclling a
Knife

JACKSON, Tenn, Dec. 2j.-Sam Hayes.
aged about II years. is charged with kill
ing VIII Austin, negro, last night.
Dung Hayes is a son of Police Officer
Hayes and we'll connected. He and his
brother, Ruddy Hayes, had some words
with the negrn, and one of them fired the
shot that killed him. Austin had knife
clutched in his haa DIS when be was shot.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-26
Ably Defended Herself.

CANsEEN, Ala, Dee. 25-Bob Higgins,
when drunk tonight. went to the home
of A. j. Dempsey and tried to get in. Mrs.
Dempsey was alone at home and she
warned him to leave, but he refused,
whereupon she put pistol against the
door and fired. He is mortally wounded.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-26
and the American Association and the
Washington Club of the National League.
BENT ON REVENGE.
But Instead He Got a Bullet in the
Side,

SI0es
MADEIRA. Dec. 25-James Lawson, who
shot his wife at Belleyiew last Sunday
morning, was captured early this morning.
Lawson seemed determined TO be re-
venged on a man named DaultoD, who he
claimed was too intimate with his wife.
and last night returned to the house at
Belleview, where mis- wife was lying
wounded-not killed. as first reported
and breaking the window shot at Daulton.
who returned the FIRE, wounding Lawson
in the right side. Dault0n then fed and
Weakened James Crary. WHO was in neigh
boring house. Crary went to the house
where the shooting occurred and finding
Lawson inside sprang in and overpowered
him. Lawson begged to be released. that
he might kill DaultoD, WHO he said was
responsible for all his trouble.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-26
NINE POLICE CAPTAINS
Subpenaed to Appear Before the
Lexow Committee.

NEW YORK. Dec. 25.-Nine police cap
tains were to-day subpenaed to appear
before the Lexow committee. The SUBJ
penas were sent in a batch to SuperiD-
tendent Byrnss at police headquarters.
The captains are: Ryan. Wash burn. Kill
hola. Westeryelt. Gallagher. Straus. Mur-
ply. Martin and Delaney. The Superin-
tendent called the men up before him and
notified them to appear In the Lexow COM
mlttee room Tomorrow morning.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-26

What's SoZoDONT! Ills this you ask
To answer is an easy TASK
1t is liquid soft and sweet
Which keeps teeth healthy, white ana neat,
Which makes the rosy gums endure
And renders breath, like roses, pure.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-26
Death of .. Home, puffee.

MOBILE. Ala, Dec. 25.-Charles Edward
Duffee, aged %, died to-day from con-
sumption. He was we'll known as
Home Duffee," an ex-member of the ST.
Louis Browns of the National League
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-26
Poor Children Eeasted.

LOWELL. Mass, Dec. 25.-In pursuance
OF their general cuslo ON. Governor and
Mrs. Greenhalge entertained bevy of
80 poor children to-day. feasting them and
afterward clothing them completely, be-
sides giving them other presents.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-26
TREAS URY DEPARTMENT,
WASHINGTON. d. C.. Dec. 81. 1894

"ASHINUIUN, D. U DEC. Il, IOJ4
Hon. Thomas II. Hayes, FRANKFORT Ky-MY
DEAR SIR: Your favor OF the 7th inst, sug-
gestlng that my friends be permitted to present
me as a candidate for the United States Senate
from the State of Kentucky. was duly received.
The friendly feeling which has prompted you
to make This suggestion is fully appreciated,
but cannot consent to the use of my name as
candidate. II possible l propose to take
some part in The campaign In my state next
year In order to assist my political friends in
reuniting the Democratic party, but II will be
with the distinct understanding that 1 am not
the aspirant for any office. Very truly yours
r q CARTISTE
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-26
A DRUNKEN HUSBAND.
He Forces fits Wife to Drink Ann
mOnia.

monia.
WASHINGTON, Dec. 25--George Roth. a
carpenter, who has been drinking very
heavily for the last two weeks. tonight
tried to murder his wife by forcing her to
drink bottle of ammonia. He stood over
her with a razor and declared that he
would cut her throat If she refused. Re-
sforatives were applied and after two
hours she was believed to be ont of danger.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-26
DON'T WANT AN OFFICE.
Secretary Carlisle Writes a Most
lmportant Letter.

LOUISVILLE, Dec. 25-Those of Secre-
tary Carlisle's friends who have counted
upon him as a candidate for Governor or
United States Senator will be disap-
pointed. The following has just been
received here:
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-26

questions about the place aud his plans for
The future were asked and answered.
Shortly after IL o'clock. while the EN- bers
Of the Cliff House were still glowing and
rafter was blazing here and there. Mr..
Sutro said goodnight TO the crowd and
climbed the hill to his residence.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-26
DAMAGES FOR THE WIDOW.E
Her Husband Met Death Through the
Delay of a Message.

BIRMINGHAM, Ala, Dec. 25.-ln the
Federal court at Huntsville Mrs. Ida
The advocate., 1894-03-14

has paid usnrious interest to q national bank
and has recovered judgment against the bank
FOR twice the amount Of the interest thus paid,
he cannot, In an action for penalty against the
bank for not satisfying q chattel mortgage
given to secure the note, demand that the
Iisurious interest paid by him shall be applied
in satisfaction Of the principal Of note.
8. Where in an action brought by the mort
gagee against the mOrtgagor to recover the
statutory penalty for refusing to enter satis-
faction Of the chattel mortgage, 1t is shown
that there Is bona fde controversy between
the mOrtgsgOr and mortgage whether the
chattel mortgage Is paid or not, and it is fur
theF shown that the mortgage refused In
good faith TO satisfy the mortgage because he
believed It was not paid. Held, the mortgage
will not be liable for the penalty.
All the justices concurring
true copy.
Attest: C. j. BROWN,
[sEALl Clerk Supreme Court
The advocate., 1894-03-14

walk had previously been overturned by the
wind and had since been repaired has q right
to assume In the absence Of knowledge to the
and safely anchored to the ground by the city
authorities. Even q knowledge that 1t was
somewhat defective would not bar him from
the use of the street; nor is notice that 1t Is
unsafe out of repair necessarily negligence
in one who travels over 1t.
All the justices cOncurring.
true copy
Attest: C.J. BROWN,
[sEALl Clerk Supreme Court.
The advocate., 1894-03-14
The State Of Kansas VS.. George B. Frazier.
Appeal from Saline County.
SYLLABUS.

REVERSED.
SYLLABUS. BY THE COURT. JOHNSTON. j.
1. A defendant charged with substantive
offense may be convicted under that charge
OF an attempt to commit the offense; but
where the prosecutor relies upon q specific
charge OF attempt, good pleading requires
that he should set forth the acts done toward
the commission OF the offense.
2. An averment that the defendant "unlaw-
fully and feloniously did attempt to commit
q rape by then an there attempting to car
nally and unlawiully know the said Y" is
defective in failing TO set forth any physical
act or acts done toward the commission Of
the offense, and Is held to be insufficient as
against motion TO qussh.
3. Under an information containing two
counts, the first OF which charged the consum-
mated offense OF rape, and the second charged
an attempt to commit rape, the jury returned
two findings, one Of which was that the
defendants was "not guilty as charged in the
first count Of the informstion,p and the other
that the defendant was guilty as charged
in second count Of the information" Held,
That all parts Of the verdict should be con.
sidered in determining its effect, and that when
the findings are so considered IL Is plain that
the jury only intended to acquit OF the crime
Of rape, and did not intend TO acquit OF an
attemp TO commit rape, and that therefore
the defendant Is not entitled 70 an absolute
The advocate., 1894-03-14
7C))C
Ed. Mccormick vs.. James H. Dalton.
Error from Rawlins County.
REVERSED.
,YLLABUs. BY THE COURT. HORTON, G. !
SYLLABUS.

What will constitute duress must depend
upon the circumstances Of each particular
case, but where D claims he had parol con-
tract with NJ for the grading OF mile Of the
road bed OF a railway at a stated price per
cubic yard and that NJ, desiring to abrogate
the verbal contract, demanded OF him the
signing of written contraction one-hslf mile
only Of the heaviest work Of the grading at the
same price percublc yard and upon his refus,,
ing so to do because the written contract did
not correspond with the verbal agreement, M
said TO the men working for him, II will stand
good for no more work you do for d, and d can
stop at once" and d on account OF his financial
condition was unable to carry on the work un-
less NJ paid the mem and after studying over the
matter few days signed the written contract,
Held, that the contract cannot be said to have
been signed by ID under duress.
All the justices concurrng.
A true copy.
Attest: G. ]. BROWN,
[sEAL Clerk Supreme Court
The advocate., 1894-03-14
6674
Toof, McGown & Co. VS. John A, Cragun.
Error from Kingman County.


DISMISSED.
SYLLABUS. BY THE COURT. JOHNSTON, j.
1. The appellate jurisdiction of this court
is subject to the regulation of the legislature,
and unless party brings himself within the
requirements of the statute prescribing the
time and manner Of removing case to this
court he is not entitled to review.
O. While this court may exercise auxiliary
authority in aid of appellate jurisdiction once
obtained, 1t cannot in the absence Of any
jurisdiction in the proceeding before 1t afford
remedy for the loss OF q casemade before
the same was settled and signed by the trial
judge.
8. The loss of an unsigned case-made which
had been duly served will not prevent the
trial judge from requiring its reproduction
nor from signing and settling the same upon
due notice at any time within the year
allowed for taking cases to the supreme court
All the justices Concurrlng.
true copy.
Attest. C.JBROWN,
[sEALl Clerk Supreme Court.
The advocate., 1894-03-14

discharge because OF the finding upon the
first count.
Allen, J. concurrIng
Horton, G. j., dissenting.
A true copy.
Attest: C.J. BROWN,
lsEALl Clerk Supreme Court.
Geo. W. Stinson vs. Gus. Cook.
Error from Norton County.
DISMISSED.
SYLLABUS. BY THE COURT. JOHNSTON, ].
She plaintiff brought an action to recover
the possession Of two horses, buggy and
harness, and recovered Judgment for the
possession OF the horses, but Judgment was
awarded to the defendant fer the possession
Of the buggy and harness, which were Of the
value of $40. The plaintiff brought the case
to the supreme court and asked q reversal
Of so much Of the judgment as awarded the
buggy and harness to the defendant. Held,
That as the amount or value in controversy Is
less than 500 the supreme court has no juris-
dlction to review the case.
All the justices concurring-
A true copy.
Attest: G. ]. BROWN,
tsEALl Clerk Supreme Court
The advocate., 1894-03-14
AFFIRMED.
AFFIRMED.
SYLLABUS. BY THE COURT. JOHNSTON, j
SYLLABUS.

/. The probate court is presumed to have
lawfully exercised Its jurisdiction; and where
the steps taken In that court in granting
administration upon the estate OF minor
appear to be regular, 1t makes prims facie
showing OF authority to issue the letters Of
administration.
a The deceased was eight years Of age and
an inhAbitant OF the state, owning property OF
the value Of S125, az the time OF her death.
Held, That upon proper application by the
father Of the deceased the probate court had
jurisdiction 70 grant letters OF administration.
B Aperson who has knowledge that side
The advocate., 1894-03-14
$685..
William T. English vs.. Alexander English.
Error from Atchison County.
AFFIRMED.
SYLLABUS.
BY THE COURT.
ALLEN J

SYLLABUS. BY THE COURT. ALLEN, J
/. In an action for partition Of one tract Of
land where the defendant claims title to the
whole under an agreement with plaintiffs
father with reference to the tract OF which
partition is asked by plaintiff, and also to two
other tracts, 1t Is NOT error for the court to
consider and determine the rights Of the par
ties with reference to all OF the lands included
in the agreement, even though some portions
Of them had been conveyed away by the de-
fendant, and the court did not err in refusing
to strike out averments in the answer with
reference to such other tracts
2. Held That the findings in this case are
supported by the evidence, and show that all
the lands in controversy were in equity the
property of the defendant, and that so much
Of the legal title thereto as rested In the plain
tifPs father at the time Of his death was by
him held in trust for the defendant.
8. 1t is not error for the trial court to call
on the attorney of the successful party to
write out findings of fact in the case in &C.
cordance with the decision Of the court as an
nounced orally, where after the findings are 80
prepared the court examined approves and
adopts them as the findings Of the court.
All the justices conCurring.
true copy
Attest C.J. BROWN,
[sEALl Clerk Supreme Court.
The advocate., 1894-03-14

Patrick McDonough vs.. H. H. Merten.
Error from Clay County.
REVERSED.
SYLLABUS BY THE COURT. HORTON, c.
l. A tax deed is void upon its face If 1t fails
to state by description, acres or otherwise the
property bid for at the tax sale and the grant
Ing clause Of the deed fails to cure or supply
such defect In such case, the description Of
the land. purporting to have been bid OFF az
the tax sale and conveyed in a tax deed, is not
sufficiently specific or definite, and, therefore,
is not designated with "ordinary and reason
able certainty"
Q, Dodge VS.. Emmons, "a Kas., 782, referred
to and distinguished.
All the justices Concurring.
A true copy.
Attest: C.J. BROWN.
[sEALl Clerk Supreme Court.
The advocate., 1894-03-14
7Ol5
Sarah Gillett VS.. The Burlington Insurance
Company.
Error from Greenwood County.
AFFIRMED.


l. Where q party seeking to recover on o
contract of insurance relies upon waiver Of
an important condition of the contract by the
insurer, he should definitely set forth such
waiver in his pleadings, and unless this is
done proof to establish the same cannot be
received.
2. Where incompetent testimony is receiv-
ed over objection It is within the province of
the court to correct such error at any time
before the final disposition OF the case, and
upon a demurrer to plaintiffs evidence 1t Is
not improper for the court to strike out or to
disregard such incompetent testimony.
All the justices concurrng.
true copy
Attest: G. ]. BROWN,
[sEAL. Clerk Supreme Court.
The advocate., 1894-03-14
SYLLABUS.

SYLLABUS. BY THE COURT. HORTON. c. ]
/. Where there is an agreement between the
mortgagor and the mortgage that the mort
gagoP shall keep the premises insured for the
benefit Of the mortgage, and In fulhllment Of
this agreement the mortgagor takes out q
policy OF insurance In his own name, which is
not assigned to the mortgagee, or made pay.
able to him in any way, the mortgage Is re-
garded as having an equitable lien upon the
proceeds Of the policy, and where the mort
gagee obtains judgment upon his mortgage,
but before there Is any sale of conveyance, the
mortgagor takes out policy OF insurance In
his own name and loss occurs before any
sale, the mortgage Is entitled to recover the
loss, as the judgment does not extinguish his
debt
q Where the husband and wife Jointly ex-
ecute q mortgage upon their homestead, and
there Is an agreement that the premises shall
be insured for the benefit Of the mortgage,
and subsequently the husband takes out q
policy OF insurance upon the premises in his
own name, and soon after loss occurs, the
mortgage has an equitable lien on the pro-
ceeds OF the policy and such proceeds are not
exempt upon the ground that the policy was
upon the homestead Of the parties.
3. After loss, the insurance company NAV
be garnlsheed, whers the payment OF the loss
Is not conditional on anything remaining TO
be DONE
All the justices concurring.
A true copy.
Attest: G. J. BROWN,
lsEALI Clerk Supreme Court
The advocate., 1894-03-14
G. J. BROWN,
Clerk Supreme Court.
zoos.
1UUO.
G. H. Hulme and R. c. Bailey VS.. C. F. Diffen-
bacher.
Error from Barton County.
REVERSED.
SYLLABUS BY THE COURT. ALLEN
SYLLABUS.
BY THE COURT.
ALLEN, j

/. The successor in Office of the Judge before
whom an action was tried has the power
either at chambers or sitting in court, to
grant an extension Of time for making q case
for this court in such action.
2, The action Of the district court ON q mo-
ttOn to strike out part OF q pleading may be
reviewed in this court where proceedings to
reverse the final judgment are commenced in
due time, Notwithstanding the fact, that more
than one year elapsed after the ruling com.
planned CT before the filing of q petition in
error, as such action Is not separately review
abl o, but can only be considered as an inter
mediate order involving the merits Of the
action or proportion thereof.
8. Where q stock Of merchandise is deliv-
cred by the plaintiff in certain replevin ac-
tions to three persons, who are his sureties on
undertakings, given by him in the actions, to
secure them against loss, and afterwards two
Of them are released from liability on such un-
dertakings, the other surety cannot maintain
an action against them In his own name, to
which the principal is not party, for the pur-
pose Of obtaining an accounting OF the matters
connected with the trust and to compel de-
livery to him Of the balance of the trust prop
erty and monies in the hands Of his cosure-
ties The principal Is an indispensable party
to the determination Of any disputed matter
relating to the trust property.
l. In such an action 1t Is error for the court
TO strike from the answer averments as to the
disposition that had been made by the plain
tiff of large portion OF the trust property.
5. 1t Is also error for the court to refuse to
submit to the jury material questions asked
by the defendant pertinent Of the issues in the
case.
Ali the justices concurring.
true copy.
Attest C. J. BROWN,
(sEAL Clerk Supreme Court
The advocate., 1894-03-14

W. NJ. Stewart, ct 81 vs. John Stefins, ct al.
Error from Wyandotte County.
REVERSED.
SYLLABUS. BY THE COURT. ALLEN,
wife has no such interest in the lands Of
her husband, other than the homestead, as
will support an action by her alone In her own
name 70 enjoin the collection Of special taxes
assessed against such lands.
All the justices concurring
A true copy.
Attest; G. ]. BROWN,
tsRAL Clerk Supreme Court
The advocate., 1894-03-14
The City Of Mound City VS.. James D. Snoddy.
Error from Linn County.
AFFIRMED.
SYLLABUS. BY THE COURT. JOHNSTON

SYLLABUS. BY THE COURT. JOHNSTON, J.
A mayor Of city, by virtue Of his Office
alone, cannot employ an attorney and create
q liability against the city for the services of
such attorney; but II such employment is
made, and an action is begun in the name of
the city, and the city counciI has knowledge
OF the institution and tendency of the suit,
and allows the attorney to proceed with the
litigation for q considerable time, without
protest or repudiation, and afterward acquie.
ces in and accepts the fruits of the SERVICE
1t will operate as ratification Of the employ.
ment and render the city liable for the value
Of the services.
All the justices concurring.
true copy.
Attest: c.. BROWN,
GsEAL1 Clerk Supreme Court.
The advocate., 1894-03-14

V. NJ. Gray Vs. Reuben Delay, as Sheriff.
Error from Rocks County.
AFFIRMED.
SYLLABUS BY THE COURT. HORTON C.
!. "a bill Of sale Of personal property, abso-
Lutte upon Its face, II taken as security, Is only
I'll.
a The jury are the judges Of the weight and
credibility OF witness, and where the plain
tins statements concerning material facts are
eonrradlcted by another witness the jury are
All the justices concurring.
A true copy.
Attest: G. J. BROWN,
lsEALI Clerk Supreme Court
The advocate., 1894-03-14
The Chicago, Kansas and Western Railroad
Company VS.. Benjamin R Sheldon ct al.
=. J, bhUW N,
Clerk Supreme Court.

Inc chicago, Kansas ana western Railroad
Company vs. Benjamin r Sheldon ct al.
Error from Saline County.
REVERSED.
SYLLABUS. BY THE COURT. JOHNSTON. j.
/. In condemnation proceedings to obtain
right Of way for railroad, no personal notice
Is required TO be served upon mortgages Of
the land over which the right Of way Is to be
taken, nor need they be named In the award
which Is made.
q. The mortgage Is not an owner within
the meaning Of the statute relating to con-
demnation proceedings, and when full COM
pensation Is awarded for the right of way and
the award is deposited with the county treas
urer, o complete easement vests in the rail-
road company as against the owner ss well as
any others who may have liens upon the
lands.
8. When the award Is paid into the county
treasury any one having an interest in the
land or lien on the same may whore equity
warrants 1t resort to the fund awarded for the
right OF way.
All the justices c0ncurring.
true copy
Attest: .. J. BROWN,
fsEAL1 Clerk Supreme Court
The advocate., 1894-03-14
ST79
The State Of Kansas VS. H. H. Obsrt, ct al.
Error from Rawlins County.
MODIFIED.
SYLLABUS.

6ELLAbU5. D1 IhA OOUhAs hOhAONS W y
/. Fees received by county treasurers for
issuing school land receipts must be accounted
for by such tTeasurers and deducted from the
quarterly installments OF their salary the same
as other fees. County commissioners VS.. Van
slyck, 50 Kas.
q Where treasurer receives compensation
for making and certifying abstracts of title
and for writing letters and giving information
concerning taxes, etc., he Is not required to
report or account for the same as fees arising
in the performance Of official duties.
8. Where Judgment Is properly rendered
against county, and the board OF county
commissioners order the payment thereof
from the funds of the county In the hands OF
the county treasurer and such county treas
uTer In pursuance Of the order OF county COM
missloners make such payment In good faith,
he cannot be compelled TO return or replace
the same into the county treasury.
All the justices concurring.
A true copy.
Attest: G. J. BROWN,
[sEALl Clerk Supreme Court.
The advocate., 1894-03-14

The City Of Horton vs. Joseph Trompeter. Ad-
ministrator OF the estate Of Frona from
peter
Error from Brown County
The advocate., 1894-03-14
1898.

Daniel l.. Chapman and Ephralm Mower VS..
Jennie Q. Carroll, ct al.
Error from Miami County.
REVERSED.
The advocate., 1894-03-14

George L. Parkhurst va First National Bank
Of Clyde.
Error from Cloud County.
AFFIRMED.
SYLLABUS. Blythe CoURr. HORTON, G. J
1 The case Of Thomas vs. Reynolds, % KAs.,
304, followed.
Where the maker Of prOmisscsy note