davidaulloa/AmericanStories huggingface dataset:
The advocate., 1894-07-11

The State of Kansas VS.. Cody Prior.
Appeal from Lesvenworth County.
REVERSED.
SYLLABUS. Blythe COURT. HORTON, c. ]
1. A motion to quash should precede ar
rAignment
q An information may be amended on the
trial 40 to all matters OF form at the discre-
tion OF the court, when the same can be done
without prejudice to the rights OF the defend
ants
8. Where q statute makes two or more diB.
tinct acts connected with the same transac.
klon indlctable, each one Of which may be
considered % representing o phase In the
same offenBe, and no motion TO quAsh before
Arraignment Is presented. such information Is
not fatally detective, because they are coupled
In the same count
All the judges concurring
A true copy.
Attest: C.J. BROWN,
[sBALl Clerk Supreme Court
The advocate., 1894-07-11
Published July II, 1894.
Supreme Court Sylabi
1UIo
The burton Land & Town Company vs.
Jerome B. Handy, OF al
Error from Ellsworth County.
MODIFIED.

SYLLABUS. BY THE COURT HORTON " .
/. The rule is shat where property has been
included by mistake in deed which the
parties never intended should be conveyed,
which the grantor was under no legal or moral
ObliGtion to convey, and which the grantee In
good conscience has no right TO retain, court
Of equity will interfere and correct the mis-
take.
q Where grantee purchased from 9
grantor fractional eighty acre tract OF land
snbjecti to the FtghkoEwsy. Of the Union
Pacific Railway company, which, under an ace
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 righkoi.way with covenants Of general
warranty; Held, That the grantor was entitled
TO have the deed reformed so as TO except
theFefrom the rlght-oi-Way TO which he had
no title.
All the justices concurrlng.
Attest: C.J BROWN,
TsEALl Clerk Supreme Court
The advocate., 1894-07-11

State of Kansas vs.. Timothy Crow.
Appeal from Decatur County.
AFFIRMED.
SYLLABUS By THE COURT. JOHNSTON,
In prosecution for selling intoxicating
liquors without permit, 1t Is not necessary
since the enactment Of chapter 149 Of the laws
Of 1885 for the state in the first instance to
prove that the party charged did not have q
permit to sell Intoxicating liquor for the ex-
cepted purposes.
All the justices concurrinP.
A true copy.
Attest: G. ]. BROWN,
[sBALl Clerk Supreme Court
The advocate., 1894-07-11
)jl4.
The state Of Kansas VS.. William Hoffman.
Appeal from Chase County.
AFFIRMED.
SYLLABUS

SYLLABUS. BY THE COURT. HORTON, G. J
1. An information for grand larceny de-
scribing the property taken as four head Of
"neat cattle" Is sufficiently specific.
q The rule announced In the case Of State
vs.. Cassidy, 10 Kas. $50, "That the possession
OF stolen property, recently after IL Is stolen,
Is primG Jdcie evidence Of guilt, and II un0x.
plGined may be sufficient Of itself TO warrant q
conViction,D followed.
3. The evidence In the case examined and
held sufficient 10 support the verdict OF guilty
and the sentence pronounced thereon.
All the justices Concurrtng.
A true copy.
Attest; C.J. BROWN,
TgEALl Clerk Supreme Court
The advocate., 1894-07-11
9SS9
The State of Kansas vs.. Isaac G. Reed.
Appeal from Cowley County.
REVERSED.
REVERSED.
SYLLABUS
BY THE COURT.

1, The discharge OF jury before the COM
pletion of trial, without the consent of the
accused, and without sufficient reason, will
ordinarily bar further trial; but where after
she trial was begun juror was reported sick,
and where the sickness and incapacity Of the
juror TO proceed with the trial was heard and
and finding made based upon testimony
which Is not Preserved that . discharge was
The advocate., 1894-07-11
John MorbSch vs.. The Home Mining Com
lpany.
Error from Leayenworth County.
REVERSED.
sYLLABUa BYrHE CoURr. HORTON, C. J
REVERSED.
SYLLABUa
HORTON, C. J
By THE CoURr.

1. Where In an action by coal miner to re-
cover damages from Q mining corporation for
3 personal Injury caused by the falling OF
heavy stone from the side OF o mining shaft
about eighty feet deep which was being sunk
by workmen TO . greater depth, on account OF
the failure OF the corporation to properly crib
or timber the sides OF the shaft TO within q
sut1cient distance OF the bottom thereof to
reasonably profect the Workmen, and the evil
aeHge llgodueea upon the tFlal shQWsd that
The advocate., 1894-07-11

7l7&
The First National Bank OF. Larned vs. J.W
Tufts.
Error from PaWnee County.
AFFIRMED.
SYLLABUa BY THE COURT. HORTON, G. J
Considering the purpose Of the provisions
OF chap 255, sess. laws OF 1889, relating Ito re-
c0rdlng Of title notes or evidences Of condi-
tionAl sales" true Interpretation thereof
makes actual notice Of such title notes or con-
dittOnAl sales to . subsequent purchaser or
the creditors Of the yendee before the pur.
chase or obtaining lien on such property as
eHectuAl 90 constructive notice by deposit or
record In the office Of the register OF deeds in
the county where the property is kept
All the justices concnrring.
true copy.
Attest: G. ]. BROWN,
IsEALl Clerk Supreme Court
The advocate., 1894-07-11
SYLLABUa

1. The passage Of the pr0hibitory LIQUOR
law by the state Legislature does not prevent
cities from enActing ordinances providing for
the control Of the liquor traffic within the
limits Of such cities,
Whers there is only one subject con.
tanned in the body Of an ordinance, which Is
clearly expressed in its title, the fact that
such title may contain suEplusage win not
reader the ordinance obnoxious to that limi-
tAtlon providing that it shall not contain
more than one subject which shall be clearly
expressed In its title.
8 An ordinance Of the city of Lawrence
prohibiting and restricting the LIQUOR trafic
Is examined and held to be valid.
All the justices eoncurTing.
a true copy,
Attest: C. J. BROWN,
IsEALl Clerk supreme Court
The advocate., 1894-07-11
SSla.
The state of Kansas VS.. Ben Douglas.
Appeal from Republic County.
AFFIRMED.
sYLLABUa

crimes act charging the defendant with hav-
ing assaulted, mRimed, wounded and dis.
figured with \ knife s, is not fatally defec.
tive, because the words 'malicionsly,p or
swillfnIly" are omitted, whore the information
charges that the defendant did "unlaWfnlly
and feloniOusly" make the assault upon s, and
It'd ~folOnicusly strike him." etc.
h2 It n not error for trial court to refuse
oompol she otate 70 elect on which count OF
n. information ft wiz proceed when such "a
The advocate., 1894-07-11

The State Of Kansas vs.. T. D. Waugh.
Appeal from Cowlsy County.
amuYnNRwn
The advocate., 1894-07-11

In the matter of the application Of George
Thomas for the writ OF hSbeas corpus.
Original Proceeding in HSbeas Corpus,
WRIT DENIED.
SYILABUa Blythe COURT. JOHNSTON,
The morning call., 1894-08-19
|,!IsNAzz!EM:{Ege5!}
K16EG GU I 5tESH 91zz4456Ai
SPECIAL BARGAINS
GLASSWARE,
CROCKERY
AND LAMPS.

Fancy Crystal Vinegar or
OIL Jugs. were zoe now 1Uc ca
Thin Blown Taele Turn
blers, set of g.. were SOC now 25c p
Crystal Goblets, imitation
cut glass, set OF 81. 25c P
Apiece Crystal Glass Set,
consisting of Sugar,
Dreamer, Spooner ana
Butter .:...were 55c now soc P
Fancy Crimped Berry
Bowls goo now l5c e,
7-piecs Crystal Berry Set
..................was 75c now 4oc p
Crystal alter Pitcher.
inches high. WAS 75c now 35c es
Engraved Blown GLASS,
Tray.".......... was 81 90 now 81 % p
S-inch Semi Porcelain
Vegetable Dishes. was csc now l0c e
l12 piece d Grated
Semi-Porcel2in Dinner
Set, blue or brown. was $l3 90 now IS SO .
Fancy Glass Night Lamps,
shade to match, in blue,
opal amber.....WAS sec new soc q
Large size Psrler Vase
Lamp, shade 10 match,
double burner, IN yell
low, blue or pink deco
ration. ............w So IS now 81 90 Ell
The morning call., 1894-08-19
SAM CLARK'S COIN.
1t VIII Help to Repair the
SCOw Theresa
AND AID a PLUCKY WOMAN.
Miss Celia Lewis Boat Is Still
at the Old Stand.
MRS. VAN HUsEN's ODD CLAIM.
1t Was Thought by Many That She
Would Want the Dead Engi-
neer's Money.
MRS.-VAN HUsEN'S ODD CLAIM.

=. There is a sweet-faced little woman who
Is familiar to every water-fronteI who
makes headquarters at Vallejo and In ion
street wharves. Her name is Celia P.
Lewis and she owns and operates the
scow. schooner Theresa, between this city
and Benicia.
?. one hlres her own crews, attends TO all
the Shipping, solicits orders and settles all
-. pills, and that promptly too.
=. The Theresa does lively business and
Miss Lewis has her hands full.
. The little lady is back from Benicia.
Sacramento and Woodland, aud the
Theresa was at the wharf yesterday.
:. Not:every body knows II. but Miss Lewis
IS. the person named in the will of En-
gineer Sam c. Clark who lost his life in
the train wreck at Sacramento during the
recent strike.
=: la the second section of the dead rail-
readers will ii Is stated:
] give and bequeath unto my friend Celia P.
= Le6iS.of Bencja, now residing at Benicil, Cal,
all of Icy estate OF which may die possessed OF
whatever kind or nature the same may consist
Without any reservation whatever. after d.
ductlDg- the expenses provided for herein.
Lastly, hereby nominate and appoint Celia
7. Lewis the executrix OF this my last will and
testament, and hereby revoke all former wills
luaoe by me-:
The Theresa is sadly in need of repairs.
Her sails are torn somewhat and her hull
needs patching In places. The estate of
sam Clark was a gOdsend to little Miss
Lewis, aid that is why she has been max
III g=sueh:a fight TO puJ aside the claims to
. re cfgnitiOn pressed BY y-times-mar-
Ti6d Mrs Van Husen Of Kn0X-triGl fame
. The Theresa Will be repaired in spite of
tbs woman who says that she was en-
gagged to sam Clark two weeks before he
met his death, for Mss Lewis IS virtually
Victorious in her claims to the Clark
money.
-. Celia Lewis is>as plucky a young woman
as ever walked wharf plank or trod
vessels deck.
The father was stricken with paralysis
about three years ago, and was unable to
attend to the little business in his freight
carrying line that be had worked up With
sBanfcla and. SaR Francisco merchants.
= His daughter came to the front and OF
. feTed 10 take hold ofthe Theresa and earn
"a living Tor her disabled parent herself.
~: People didn't think she'd be successful
at. .flrSt, but she was Now it is no un-
: common sight to see Miss Lewis going
<aloDg the docks shipping-receipt book in
hand, or taliyiug off a cargo of merchan-
disc from The big truck, while the burly
DRYER stands aWkWardly by and eyes her
wi4h undlsguised curiosity and astonish-
meat '-.--.
: And Miss Lewis is back TO work and
The Theresa is TO be repaired. The Clark
mon Is going TO do the good work it was
: INTENDED TO- 40 IN spite of Mrs. Van
The morning call., 1894-08-19
1OEob ! A'.'.''' ..''.'''.... -AuSust 2t, 1894
COSTA DOOMTSCHEFF

violin artist VirtuCso, wall give evening recital
At the age OF 9 years Costa Deomtsebef had the
Unprecedented honor OF performing before ne
81. Petersburg Conservatory, and received as an
Acknowledgment OF his talent gold lyre set with
diamonds snd the following Inscription: -.sCestia
DOOmtschen our Talented VisAn Artist" on
the An OF May, 1880. he bGa the honor to per
fern before bis Royal Highness the Crown Prince
CT saly. from whom ia appreciation OF his talent
he received musical en- Ole m seT with diamonds
On the 27th OF April. 1898. by special invitation
Costa DoOmtschsG performed Gu bis violin bsfore
their Royal Htghnesses the Car ana Czarina and
the imperial family at their summer palace at
Talts, In Grim and, IA appreciation OF his phe-
nomenal talent, the Gar presented Costa Doom
tschef with gold watch with the Russian eagle
set with diamonds. lie has also been created an
honorable member of the Uleab0rg Musical So
eiety. Costa Doomtehen VIII be accompanied
by Professor Heary Strauss. Tickets fer sale at
sherman Gays music-store corner OF Suffer
and KeaTny streets. On the evening OF the con-
cert tickets may be had at the Metropolitan Hall
from O'clock.
The morning call., 1894-08-19

Husen. and the legitimate fancee has been
assured OF her Just reward by the courts.
mere Is no doubt of the engagement Of
CLARK TO Miss Lewis. Nearly everybody
on the San Francisco water front knew
about It. and besides Clark acknowledged
1t TO numb Der OF his acquaintances. Miss
Lewis does not like to speak of the affair
and very rightfully declines to discuss
MIS- Van Husen. who testified on the
stand at Woodland that she loved Clark
and that Clark loved her. and that there
was taclt understanding between them
as to matrimony.
Miss Lewis does not think Clark was
untrue to her. and she furthermore be-
lieves that had be cared for another woman
he would not have been so careful in
drawing up his last will and testament
"BOsh.' she says, and bosh it Is. sure
! enough.
Il have had hard time to make both
ends meet" said Miss Lewis. "The Theresa
is getting old and you knew that a vessel
| requires lots of fixing up. Eve managed
TO make a living for myself and father
with the boat but there is OF course great
deal of competition in npriyer freights.
u do not care to talk about the Clark
case, for | do not want any notOriety."
Mrs. Mamie Van Husen, who tried to
prove that Clark loved her enough to en-
gage himself to her two weeks before his
engine went over the \ olo bridge, at one
time kept clearinghouse in Sacramento.
She was first married to man named. ' an
PllZer and later to a man named Merits.
She was divorced from both.
The last husband lived in Placer
County, and may be there yet for all that
any one knows about him. Sam Clark
roomed with her. il is said, and that is how
he came to know her.
Of course IL was never suspected by the
lawyers that Mrs. Van Husen would try
to interfere with the disposition of Clark's
estate, nor has she so far as Is known.
But there was always feeling of inse-
curitV about the dead mans affairs until
it was definitely made known that Miss
Lewis had won and that the Theresa
would soon be looking as spick and span
as a milliOnRirA's yacht
The morning call., 1894-08-19
NORWEGIANS STIRRING.
They Propose Organizing a National
Society.

Society.
The Norwegian residents of San Fran
cisco feel that they ought to have a So
ciety in the same manner as the other
natlonalities represented here. A prelimi-
nary meeting was held at 143 Grove street
on the Sth inst, and a committee was
elected to work cut the idea and lay the
results before a mass-meeting, to be called
al later date The members of the CON-
mittee are X. Olsen, Il. 4. Olsen, Anne III.
Moe and Mr.. Helnemanu.
This committee has concluded to call a
mass-meeting on Sunday, the Goth of
August, at 2 P. NJ, at st. Georges Hall,
Market street. near Fifth, and large at
tendance is expected.
A society representing the Norwegian
nationality is needed, in order in q fitting
manner to represent the nation, and the
hope IS to have it grow large enough to
include all the NorW egians on the who Ia
Pacific Coast
The morning call., 1894-08-19
Broderick's Position Defined

Auditor Broderick yesterday sent a
lengthy communication to the Board of
Education. in which he gave his reasons
for refusing to audit the warrants for the
salaries of A. &. YOder and Miss Rather
Inc NJ. Baum. special teachers. He took
the ground that the law MADE no provision
for hiring special teachers to teach other
teachers in certain branches, and quoted
from a decision by the California Supreme
Court in a similar case to sustain his po-
sltiGn.
The morning call., 1894-08-19
METROPOLITAN HALL.

ADMISSION SOC. Aatroom free.
The morning call., 1894-08-19

When stuDg by a bee always remove the
sting which Is left in the wound, and over
# squeeze the juice of red onion or apply
q little hartshorn.
The morning call., 1894-08-19
No Money in WhisIcy.

NJ. c. McInerney. saloon keeper, has
failed. He owes S150S %; assets, nil
The morning call., 1894-08-19
NEW WESTERN HOTEL

L EARNY AND WASHINGTON STS.-REMOD-
IA eled ana renovated. KING, WARD & co.
European plan. Rooms soc to 81 80 per dav 2
TO SO per week, IS to $50 per month; free baths;
hot and cold water every room; Ere crates IN every
room; elevator runs all night. fel WeSaSu ~
The morning call., 1894-02-21
FIRE DEPARTMENT.
A Probable Deficit at the End of
the Fiscal Year.

tue E-sS(dl ear
At a meeting of the Fire Committee OF the
Board of SUI ervisors yesterday Chief Sullivan
of the Fire Department informed the members
that the fire hose, amounting to about 10, 900
feet, consisting of 213 and 3 inch hose had
duly arrived. The price of the new hose is
S11,475
This information set the members thinking
very deeply, as The fire department fund is in
a very stratened condition. NOtwithstand-
ing the extra large appropriation made, there is
every indication that the fund will have
respectable deficit at the end OF the fiscal year.
According 10 the figures furnished by Clerk
Russell TO the committee, there Is only
S39, 6O9 90 available for running expenses and
material UP 10 June 80, 1894, the expiration OF
the fiscal year. On of the S65,676 appropTi-
ated specially for apparatus and material there
is only 1898 remaining. Against this sum
there are outstanding bills amounting to
S4582 rs.
The serious question before the committee
was how the new hose bills are 10 be paid. as
the Fire Chief asserts that the material is a
necessity TO his department. The only way
the committee saw out OF the difficulty was TO
refer the matter 10 the Finance Committee 10
see what could be done in the way of providing
money 10 pay The bills.
The available fund mentioned for uses as run
ming expenses OF the Fire Department does not
Include salaries.
Chief Sullivan of the Fire Department was
very much disturbed yesterday after the meet
I'VE have not enough money" said Chief
Sullivan, ''to run US TO The end OF the year. he
money on hand VIII give us just $4,000 month
and 10 VIII take $4,000 10 meet the monthly
running expenses. The department is being
operated on the same amount OF money allowed
In 1875 and since then the service has been
doubled in size. This year $50, 900 additional
was allowed for the purchase OF hose, apparatus
and hydrauls, but that is a special appropri-
alton and can't be touched for any other pur-
pose. People won't trust US any more and l
can't blame lhem."
The Chief Was asked what the outcome would
be II the Supervisors failed 10 make some pro-
vision 10 meet the current expenses.
well, L suppose we will nave to shut up
shop. That is all can see for il. We can't get
forage and supplies without money, and we
can't run the department without supplies, and
l don't see what is TO be done Pm sure"
The morning call., 1894-02-21

threes and backed down1fo twos, with Ryland
at fves and Silver Plate at twelves.
The incorrectness of Ravine's running in
Englisn's hands last week was well
shown by bis performance yesterday. but
Leigh gave his hackers a very uncomfortable
feeling by the careless and Indifferent manner
in which he rode the winner. One would have
though that he would have learned lesson by
what similar action. OF rather want of action,
on his part cost him and ZObair's owners and
hackers last Saturday. Irving, Jordan. Morris
or boy as good they on Red Chief would
have turned the tables on him.
Old Stoneman was sold 70: $50 at the sale
of Whitney's horses yesterday and Canny Scot
fetched $3.50.
Pennyroyal is TO be Immediately retired to
the stud and VIII be sent To Rancho del PasO
this week.
Pete Weber's sale takes place on Thursday
and the greatest sale of the season, the Aus
trallan horses imported by Il. L. de b. LoreZ
next Monday. Both will be hcld at the track.
The catalogue of Mr.. LopeZ's horses now, OBJ
tainabe at killip & Co.'s, is valuable addition
In Itself TO any ones turf library, containing a
fund OF highly interesting information TO Cali
foTnla breeders.
The morning call., 1894-02-21
ALL SERENE NOW.
Pugilists McAuIiffe and Mitchell
ReconCiIed in Court,

The mOmentous question as TO whether Jack
McAulitfe or Young Mitchell was thu aggressor
IN the rough tumble fight in which the two
pugilists engaged recently occupied the atten-
tion OF Police Judge Low and large crowd of
sports and others yesterday. and The whole cOn-
tentlon concluded with reconciliation between
the men and a dismissal of the charge of as
sault against McAulifte.
a mass of testimony was heard, which de-
veloped the fact that everybody In the party,
with he exc epIion of Tom Quinn, was under
the inf hence OF liquor when The fight occurred.
Mitchell TESTIFIED that McAuliffe had struck
him first, and McAuliffe sWOre that Mitchell
had been quarre!sOme all night and had pro-
voked him by Boosting of his proweSs and
pulling and hauling him around. AS Nc
Aulffe was leaving the stand be passed close
10 MitchelPs chair, and the TWO exchanged
mods.
Then Attorney James Long. who appeared
for Mitchell, whispered to his client and after
ward said something 10 McAuliffe, after which
the two ''pugs" arose and shook hands. Long
then moved that the charge be dismissed and
the court granted the motion.
When the parties left the courtroom the war
cloud seemed 10 have vanished and the entente
cOrdiale TO have been fully restOI ed between
the two bright lights of the squared ring.
The morning call., 1894-02-21
Tn.DaY's Entries.

The following are the entries for to-day's
races:
First race, half a mile, two-year- olds-Al
Brock 115, Zephyr rs. MOllie r 115, Sunlit
hly 115, Diggs lis. Gus Strauss 11S.
Second race, about six furlOngs, selling-Dr.
Ross 10Y. Crawford IS, Condo ia. Malcolm
10Y, Sir Charles SO, Garcia 90, Oakland 104.
Tbiid race, five furlOngs, selling-Entries
close at 8 A. NJ.
Fourth race, about six furlongs. selling-Cur-
rency 90 Folly 103. Vandalight 1O1, Jennie
Deane 80, GuadalOupe 100, Little Tough 100,
Monarch 80.
Fifth race. five and half furlongs, selling
Entries close at A. NJ.
The morning call., 1894-02-21

The will of Stock broker Martin Baker, de-
ceased, which was filed for probate yesterday,
bequeaths an estate of $1,000. including an in
terest IN the William WalkeTlev estate, TO the
widow ana children Of the testatOr.
The morning call., 1894-02-21
10 LEASE.

DH0T0GRAPH q AIIERY 10 IEASE-FfN ESP
L location in the city; formerly occupied by
ABELL II PRIEST. Apply TO THE BANCROFT
COMPANY, 1873 Market st. fell 1t
The morning call., 1894-02-21
RUNNING RACES.

Three Very Hot Favorites
Topple Over.
TWO EXCITING FINISHES.
Taylor's AtrociousIy Bad Ride
on Rosie p.
RESURRECTION HAS TO BE SHOT.
Norlee, SemeTe, Royal Flush, Her.
cules and Ravine Were
Yesterdays Winners.
The morning call., 1894-02-21
ROARnING WANTED.


MAN AND WIFE AS WELL AS THE Chill
WI dren are pleased with picturesque Caiifor-
MIA" There has never been published anything
about California that equal it in an artistic
way. See advertisement another page fe16 If
The morning call., 1894-02-21

R7 Money to Loan on Real Estata and
&-S securities w. J. GUM, S16 O'Farren
street: hours to P. NJ. feIStf
ETP John f. Lyons, Notary Public ard
eR-S Commissio ner of Deeds. ONCE 607 Mont
gomery; telephone 5439; residence 22O2 Steiner
street je9 Ct
The morning call., 1894-02-21

9Q6 FIRST RACEFve
The morning call., 1894-02-21

mJOIn AL RESTA URANT AND OYSTFP.
~ IUtiO. house: centrally located: clears over
$3.50 per month. Apply A. M. SPECK, % Mont.
=
The morning call., 1894-02-21

M0pNING CALI FORM. San Francisco
MN NAA w Wall TO- 1894 Weather