davidaulloa/AmericanStories huggingface dataset:
The state herald., 1897-09-10
zeno|eum Sheep Dip.
Non-Poisonous.
Have you read sa,hcrland's new nd ?
NEW COAL YARD.

NEW COAL YARD.
Hard md soft coal Tor sale by james
Young 4 Co. II you need anything IN
that line give Young 4 Co, n call. Or.
ders can be left at c. NJ. Mowry's hard.
ware store or SEQ Young on tho transfer
wagon n you bavc nny transferring TO
nny part Of the city call On James Young
4 Co. II you want 10 feed your team
where there is plenty OF hay and grain
put up ut the East Livery Barn. II you
wnnt good driving team leave your or.
dor at the East Livery Barn.
JAnrs Yousd & Sos.
The state herald., 1897-09-10
first publication sept 10 isp' No
TlxBER-CtliuRB FINAL PROOF

FIRST publication sept 10 NV; No
TIMBER CULTURE FINAL PROOF
Nuticu for uhliraiiun
United state. Lnnd Ofii.o.
sterling toio sept yi-'
Notice Il hereby given that frcd z Hon
man hns filed noticc of intention To make
nnnl proof before the Register or
Receiver nj thlcr onicr IN sterling
Colo on saturday the ~ day of Oct. isgI
on timber culture application No igiii for
the nv 4 of soc No ~ In ~ NosnrNo NV
lie names ~ witnr--csi
john N Virgins of iinNinn toio
John II Virgins
George ilordris
u uucruscy "
pc tii,iiSu Register.
The state herald., 1897-09-10
a sure Tang FOR You.

a sure T.bng for You.
A transaction In which ou,unnot loscisn n
sure Thing Biliouspess, sick headache, fur,
rcd tongue, lever, pies mud thousand other
His arc caused by constipation nnd slupiihb
liver. cascarcts Candy Cathnriir, the won.
dcrful new liver ntimulnnt nnd intestinal
tonic are by all druggists guaranteed TO cure
or money refunded. &, Z. q. arc n sure
thing. Try a box to-day; lOc., 40, TO-.
Sample mud booklet free. SEQ our bIg nd
The state herald., 1897-09-10
Demorest's Magazine Free


And what magazine It Isl For isas It Will
bc more brilliant than ever before New
management, new methods, new ideas. Each
copy CON tains nm exquisite reproduction In
colors of some celebrated picture by famous
artist. worthy 10 adorn the walls Of the most
refined home. II Is affirmed that Democrats
Is the only complete family magazine pub
ii-hcd combining nil OF the most excellent
points OF Its contemporaries. besides having
ininitabic features of Its own. Dem6rest's
Is actual, n dozen magazines In one
II lisa digest of current events and ideas FOR
the busy man or woman. n review and store
house Of Interest for nil. wives. mothers.
sisters and daughters can ind exactly what
they need to nmuse and instruct them. siso
practical helps In every department Of do
nestle aud social life. Including the furnish
Ing and ornamcnting OF the home. embroid.
cry, bric'a-brac, artistic and fancy work Of
nil kinds, etc. and suggestions and advice ~.
HnrdinH tn, wcllbcing ana dressing Of their
own persons.
The scope Of articles for ispS and isp viii
cover the whole country aud Its varied inter.
csts. aud the articles will bo pr.fu-eiy illus
irnicd with the nncst tngraving-. and, In nd'
dition. II VIII publish the best and purcst ne
tion. II treats at ,ongth out-of'door sports.
home amusement. md entertainments. II
give. u great deal OF attention To the chii.
dr.n'- department. and "our girls. and has
n monthly symposium by celebrated people.
In which are discussed important questions
of the hour Of interest 10 the older readers.
Let us have your subscription NJ once. You
yet more value for your money than II ~ pos.
siblc To secure In any other mnsnkinc.
Tho magazine one ycpr for eslm.
Or SIX months for i.W.
loyer 10 different garments ARE shown
each year. patterns of nil OF which nrr obtain.
able by Subscribers nj ic. cnch.l sample copy
f.,l,t, ,,as 30. .a.,..,N ..., ia. ta.
The state herald., 1897-09-10
BEFORE SUBSCRIBING FOR A MAGAZINE
See The Best
DE erO0 0reSt S
AN UhPARAllED OFFER.

Demorest Cut Papar Patterns are the
most practical On the market. They are OF
any size that anv member Of n household
could require. In each copy OF the magazine
Is printed u coupon emitting the subscriber
or purchaser. TO pattern worth and rgn'
larly sold for 5,c.) or any number Of patterns
for four cents each to cover package and post.
age. when the value Of tho patterns Is con
ridered the subscriber actually gets
The state herald., 1897-09-10

for Si.3s. cloth. or sf.is. boards.
THE BENN PirMAN SYSTEM
has for y years been the standard. Called
by the U. y. Bureau Of Education "rhr Amer.
lean System" fir, prize Worlds Fair. Pull
Information and complete catalogue. Tree.
THE PHoNo0RAPHic INSTITUTE CO.,
CINCINNATI. ONO.
The state herald., 1897-09-10

When you desire to make iinnl proof
ON land Hing, call on Judge c. j. Sla-
ter.
The state herald., 1897-09-10
II you have anything to sell, advertise
1t in the STATE HERALD.
For sale or Trade.

Subscribe for the HERALD
The state herald., 1897-09-10
First publication June 70 iss No
TIMBER CULTURE rlNAL PROOP.
Nu,ire iur Publication.

United states Land ofiicc.l
sterling Colo June II isa'
Notic. Is hereby given that trnneis J Leon
nrdhns nlod notes of it.n,ion to mako fnnl
proof before clerk Of county court
ut his ofYcr IN iiolyoh- Colo on
saturday the day Of Aug i~7 on timber
cuitnr. application No issoior IN. annr
ter of section No ~ In township So5n range
No INV
The state herald., 1897-09-10

For making final proof ao 10 Clerk Of
Digtfict Court.
The advocate., 1897-11-10


ical control over the girl In taking her
away, or have been personally with her at
the time OF her leaving, or have gone IN
person with her; 1t is sufficient IL he pro-
cured or caused her to go way by any per"
suasi0n, enticement or inducement onered,
exercised or held out by him to the girl, or
by furnishing her the means or money With
which to go away.
ut 10 not necessary that the persuasion,
enticement or inducement should have been
made or offered, or the money or means
furnished at the time of the girls leaving;
but IL the defendant for the purposes
Inducements to the girl to leave her father
and mother, and furnished her means with
which TO go away, and she did not so away
at that time, but went away at a subse-
quent time, and such going away was
caused by, and was the result Of the per-
suaslon, enticement or inducements offered,
or money or means furnished by the de-
fendant, such facts would show taking
within the meaning OF the Iaw." Held,
that the instructions are not erroneous.
g. The important element OF the offense
charged Is the taking Of the female from
her parents, and without their consent for
the Illicit purpose; and this may be accom-
pllshed by the persuasion, enticement, de-
vice, or other active influence of the de-
fendant; and when she is thereby removed
beyond the control of her parents, or
others having her in charge, the offense is
complete.
4. A long-continued Illicit intercourse Is
not necessary to constitute the relation OF
cOncubinage, but where a single womant
and a man agree to cohabit with each other
generally as though the marriage relation
existed between them, without fixing any
limit as to the duration of the relation, she
becomes his concubine as soon as such CO.
habitation begins.
5. The fact that the female may have con-
sented to go with the defendant, or that
she may have solicited others to take her
on another occasion, will not excuse the
criminal act of the defendant
6. The condition Of jurors mind is to be
determined from the whole of his teSti-
mony, and the single remark that he once
had an opinion In the case pased on news
paper statement is not conclusive Of dis
qualification, where 1t appears he had In
fact no opinion as to the guilt or inno-
Cence Of the defendant, and that he was
free from any bias or prejudice in the
case.
Z. The matter of reopening case upon
the application of party after the testi-
mony has been closed and the witnesses
Of the opposing side discharged, is largely
within the discretion Of the court.
s. Where the jury are kept together
throughout the trial under charge OF
sworn officer Of the court 1t Is not neces-
sary that the statutory admonition pro-
vided for in section 2S5 of the Criminal Code
should be given at each adjournment OF
the court.
9. The testimony examined and held to be
sufficient to sustain the conviction and
judgment
All the Justices cOncurring.
A true copy.
Attest: JNO. MARTIN,
ISeal1 Clerk Supreme Court.
The advocate., 1897-11-10

the company no license or right 20 flush
at such times and In such 9. manner aB 20
unnecessarily impede travel or impertl the
safety OF those passing and Tepassing over
the street.
q. The license TO flush carried with II the
obligation TO DO so with reasonable care
and due regard for the rights OF others.
g. The testimony examined and held that
It tends to show that an open hy0rant from
which water was thrown about ten feet
into the street with considerable noise and
spray ls calculated to frighten ordinarily
gentle horses.
4. In view of this fact It was the duty Of
the Water Company to adopt such precau-
tiOns and exercise such care in flushing its
mains as I'M ordinarily discreet and pru-
dent person would adopt and exercise un-
der like circumstances for the protection
and safety Of those travelling upon the
streets.
8. Ordinarily It is question of fact in
each case whether the precautions taken
and the care exercised are SUFFICIENT to
warn and protect travellers who are using
ordinary care.
G. Persons using a street which Is in
constant use and when their attention has
not been called TO any distractions or perils
thereon have right to presume that the
street Is reasonably safe for ordinary
travel. While they must act with reason
able care, they are not required 10 keep
their eyes upon the pavement continuously
watching for distractions or pitfalls.
Z. Upon examination Of the testimony it
Is held that the question whether the plain
tiff below was In the exercise OF due care
when her horse was frightened and the in
Jury inflicted was fairly q question for the
Jury, and the finding in her favor upon the
question Is conclusive.
All the Justices cOncurring.
A true copy. -
Attest: JNO. MARTIN,
ISeal1 Clerk Supreme Court.
The advocate., 1897-11-10

Ing new and distinct cause OF action after
the issues have been Joined and the trial
begun, 10 not permissible for the purpose
OF conforming the pleadings to the facts
proved as II would change substantially
the claim Of the plaintim. Civil Code
Sec. 1897
not warrant the Assumption that an the
parties and the court treated the plead
ings as amended and as bringing IN issue
a cause OF action not mentioned In the
pleadings.
3. The verified report OF the examination
Of the County Tresurers office made by the
Probate Judge and two examiners ap-
pointed to assist him, under the provisions
OF sections 17O8-9 Of the General Statutes
1889 Is not competent evidence as 70 the
condition of the treasury when the exam
nation was made.
All the Justices concurring.
A true copy ...,,.,r.,
Attest: JNO. MARTIN
[Seall Clerk Supreme Court.
The advocate., 1897-11-10
No. 1O2G5.

No. 1O265.
George Homrighausen, ct al,
vs..
George Knoche, ct al
Error from Johnson County
REVERSED
Syllabus. BY the Court. johnston j.
Chapter III of the laws Of 1891, relating to
descents and distributions, was duly au-
thentlcated by the legislative officers aP"
proved and signed by the Governor, depOs-
tied with the Secretary Of State, and pub
lshed as q valid enactment It's VauOlly
being challenged on the ground that the re-
dulred affirmative votes were not cast ~
favor Of the bill, the Journal was examined
and the entries therein respecting the pas
sage OF the act were found to be amblgu~
Gus and conflicting. Some Of the recitals
and entries indicated that constitutional
majority had voted for the bill, while others
indicated the contrary. AS the enrolled
statute Is strong evidence OF the regularly
of the passage Of the act ana OF its valid
ity, and conclusive evidence OF suen reg
ularity and validity, unless the ,e1 J0uEnai IA,
doubt that the act was not passed reSu-
larly and legally II is held that the act IN
question Is not impeached or OVerthroWn
by the entries in the Journal.
All the Justices concurring.
A true copy. ..
Attest; JIM. MAIL IN,
ISeal1 Clerk Supreme Court.
No lO2l4
Joab Mulvane
VS.,
A. Tull0cR.
Error from the Circuit Court Of Shawnee
County.
REVERSED.
syllabus. BY the Court. Johnston, j.
/. Attorneys fees are recoverable as dam.
ages upon an injunction bond, ana the tacI
that they are not allowed In the Federal
court will not preclude the recovery or sucn
damages In a State court where an acs
ton is brought upon an injunction BOND
given in a Federal court.
Q. Where a number of defendants filed
separate motions to dissolve an tnJunctlOn
which were set for hearing ana submitted
at the same time, when the injunction was
dissolved as to all, the fact that the order
| Of dissolution was entered as iT mace upon
one Of the motions will not prevent the
| other defendants from recovering upon
the Injunction bond such damages as were
| HCAutlAN 0uoRuAhCAs
3, Several OF the defendants who had filed
pleadlngs In the case and proceeded as lE
! they had distinct interests and rights TO
protect, for sufficient consideration re-
| leased the plaintiffs from all liability upon
the injunction bond. Afterward, one OF the
defendants who did not release plalntits
asked damages for the fees paid 70 the at
tOrneys of the defendants who did re-
lease, claiming that he had agreed 20 as
sumo the entire burden OF the defense
against the injunction, and IN pursuance OF
that agreement had paid the fees OF the at
torneys who appeared for his co-defend.
ants: Held, in the absence OF any notice ol
knowledge that there had been an, as
sumption Of the attorneys fees, or an equi-
table assignment of the claim for damages
BY reason thereof, the plaintiffs had right
TO assume that they were relieved from liza.
bllity for any and every expense incurred
In and about the dissolution of the in
junction by the parties who signed the re-
lease.
All the Justices cOncurring.
A true copy. -
Attest: JNO, MARTIN,
ISeall Clerk Supreme Court.
The advocate., 1897-11-10
No. lOSS5.
George w. Brown, ct al,

George w. Brown, ct AL
The Board OF County Commissioners of
Wyandotte County.
Error from Wyandotte County.
AFFIRMED
syllabus. BY the Court Doster, c, J.
bond, given under the statute by q
bank as security for county funds depOS-
tied with IL, which Obligates II to pay any
and an deposits of the county which may
be so deposited with It, ID security for the
current amounts due the county from the
date OF It's taking effect, whether arising
from deposits made after or before It's ac-
ceptance
AN the Justices concurring.
Attest: JNo. MARTIN,
TSeall Clerk Supreme Court.
--------
No 1869
The state Of Kansas
l.. M. KraNse, ct al.
Error from Barton County.
REVERSED.
syllabus Blythe Court. Johnston, J..
An amendmens * pesition introduCrT
The advocate., 1897-11-10
No. 1O9lO.
The State Of Kansas
vs..
David Williamson.
Appeal from Crawford County.
AFFIRMED.
Syllabus.

Syllabus. By the Court. Johnston, j,
l. In prosecution under chapter ISL Of
the laws Of 1896, for maintaining a gam
bling house to which persons were accus-
toned to resort for the purpose Of gam
bling, it was alleged in the information
that persons were permitted and accus-
toned to resort" etc; Held, that the use OF
add q new ingredient to the offense or
prejudice the defendant, as the charge Of
maintaining a gambling house to which
persons are accustomed to resort implies
the permission of the defendant.
2. The testimony examined and held to
be sufficient to sustain the verdict and
Judgment.
All the Justices cOncurring.
A true copy.
Attest: JNO. MARTIN,
lSeal Clerk Supreme Court
The advocate., 1897-11-10
NO. 1886.
The State Of Kansas
VB.
James McNaspy.
REVERSED.
Syllabus.

Syllabus. BY the Court. Doster, c. j..
!. A fugitive from the justice Of this State,
residing In another State, for whose arrest
an officer has no other authority than
warrant issued by q Justice Of the Peace
Of this State, and who Is informed by such
officer Of his lack Of authority, but who at
the officers instigatiOn valves the neces-
sty Of requisltlon papers and submits to
arrest upon the Justices warrant, and
IL brought by the officer back to this
State. will be held to have voluntarily
come within the jurisdiction OF the court,
and may Immediately upon his arrival here
be prosecuted for another offense than the
one described in the warrant, and to re-
spond to which he agreed to return
Doster, c. j., dissenting from first para
graph Of syllabus.
2. In prosecutions for forgery committed
by the insertion In an instrument, Of ad-
ditlonal words materially changing its
terms, the information should set forth q
copy of the instrument, so aR to show the
interpOated words and their naterialtty,
or reasons for the failure TO do so other
than mere lack OF knowledge should be
stated In the information.
All the Justices concurring,
A true copy.
Attest: JNO. MARTIN
lSeall Clerk Supreme Court
The advocate., 1897-11-10
No. 99i9.
$. S. Mcdowell
vs..
o. s. Gibson.
Error from Cowley County.
AFFIRMED,
Syllabus.

Syllabus. by the Court. Doster, c. ].
Where a person claims the whole Of q
stock Of merchandise, by virtue Of chat
tel mortgage executed to him by the owner,
and different portions of such stock are
taken from him In separate actions by dlt-
ferent attaching creditors of the mort
gagOr, and he In turn brings separate re-
plevin actions against the attaching officer
TO recover the different portions OF the
stock, and the officer defends such replevin
actions In his official right without the
iOinder Of the attaching creditors: Held,
that final Judgment against the mort
gagee on the merits, In the action first
tried is q bar to his prosecution of the
others.
All the Justices concurring.
A true copy.
Attest JNO. MARTIN,
ISeall Clerk Supreme Court.
The advocate., 1897-11-10
The State Of Kansas
va.
Ed. Bussey
Appeal from Elk County.
AFFIRMED.
Syllabus, BY the Court. Johnston j
Syllabus.

1. The defendant was prosecuted for TAX
ing a girl under eighteen years or age from
her father and mother, without their con,
sent for the purposes OF prostitution ana
cOncubinage. The information was In two
counts: the first, that the taking was for
the purpose OF prostitution, and the second
that Il was for the purpose OF concubinage
The court refused the request Of the de-
fendant that the State be compelled TO
elect under which charge II would rely for
conviction, but after a verdict finding de-
fendant guilty on both counts the state
entered a nOlle prOseQui as to the first
count and Judgment was given upon the
second: Held, that the charges having
arisen out OF the same transaction, and
that che proof as 10 the taking was neces-
sarily the same as to both charges, and,
further that as the evidence offered was
entirely pertinent to the charge upon which
the conviction rests, the refusal to require
an election was not prejudicial to the sub"
stantial rights Of the defendant.
q AS to what constitutes a taking under
section IS OF the crimes act the court
charged the Jury as follows;
''Tn order 90 constitute q taking by the
defendant under the law, Il Is not neces-
sary that the defendant should have ased
any force on have exe8ciaca any PhTN-
The advocate., 1897-11-10
No. 1882.
William q. Ball, trustee,
VS.
John Reese, ct al.

Error from Harvey County
REVERSED.
Syllabus. BY the Court. johnston j.
In proceeding to enforce the individual
liability of a stockholder, o judgment
against the corporation rendered by court
having jurisdiction WILL in the absence OF
fraud and collusiOn, be deemed to be hnal
pnd conclusive as to the amount Of the I'M
debtedness and the liability of the corpora
tlOn to pay the same.
All the Justices concurring.
A true copy. ..,,
Attest: JNO. MARTIN,
l5eaLl Clerk supreme court
The advocate., 1897-11-10

In the matter Of the application Of I. A.
Kness for a writ of Habeas Corpus.
Original Proceeding in Habeas Corpus.
APPLICATION DENIED.
Syllabus. BY the Court johnston u
The good time earned by convicts in the
State PenitentiaFy, as provided for in sec
ton "a, chapter 152, laws 1891, IS COM
puted for and at the end of each calendar
month. and when the time OF actual SER
vice together with the good time earned
EQUALS the time OF sentence, the convict
ia entitled to a discharge.
All the Justices concurring
Attest. JNO. MARTIN,
TSeall Clerk Supreme Court.
The advocate., 1897-11-10
No. 1OGi5.

No. 102l5.
The Topeka Water Company
vS.
Kate y. Whiting.
Error from Shawnee County.
AFFIRMED.
Syllabus, By the Court. Johnston, y.
L The fact that a municipality confers
llpon q water company the right 20 place tea
ha,drnnts IN the streets and 70 open them
Tor the purpose of Gushing ltA mains gives
The advocate., 1897-11-10
No. 1874.

NO. lOI4.
A. E. Watson, ct AL.
VS..
Howard M. Holden, ct al.
Error from Wyandotte County
REVERSED.
Syllabus. BY the Court Allen, J.
/. Parties defendant who had no sub
stantial interest In the property In contrO-
versy and against whom final Judgment
had been rendered barring them of all in-
teFest in the property long before the trial
Of the issues between the other parties 10
the action, which Judgment they have
never sought 10 set aside or reverse. are
not necessary parties IN this court to- a.
proceeding 20 reverse the Judgment rem
dered ON the final trial, where sucn judg-
ment does not In any manner affect the
rights of the absent parties.
3 The f0res and validity of a'n tneegWasns
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1897-09-08
LEAVE HONOLULU.

Will call at Pohoiki, Puma, on trips
marked
Returning, will leave Hilo at
O'Clock a. m, touching at Laupa'
hoehoe, Mahukona and Kawaihae
same day; Makena, Maalaea Bay. and
Lahaina the following day, arriving
at Honolulu the afternoons of Tues
days and Fridays.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1897-09-08
AT AUCTION.

l will sell at public sale on Septem-
Der 20, 1897, if not sooner disposed of
at private sale, all of the buildings
known as Independence Park Pavil-
ion. If so desired by intending pur-
chasers, the large room may be sold
separate from the main building.
Also at same time and place, -
dozen folding chairs, tables, wash
stands, water pipes, etc.
Terms: 800 or less, cash. All over
500, cash or good approved notes at
ninety days, with interest at 8 per
cent per annum.
The above buildings and material to
be removed within thirty days from
date of sale. Buildings open for in
spection at all times.
]. N. WRIGHT.
Honolulu, July 10. 1897.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1897-09-08
s. s. CLAUDINE &,
CAMERON, Commander.

IAN
Will leave Honolulu Tuesdays at 3
o'clock p. m, touching at Kahului,
Hama, Hamoa and Kipahulu, Maui.
Returning, arrives at Honolulu Sum
day mornings.
Win call at Nuu, Kaupo, once each
month.
No freight will be received after
p. m. on day of sailing.
This company reserves the right to
make changes in the time of de-
parture and arrival of it's steamers
WITHOUT NOTICE, and it will not
be responsible for any consequences
arising therefrom.
Consignees must be at. the landings
to receive their freight. This COM
pany will not hold itself responsible
for freight after it has been landed.
Live stock received only at owners
risk.
This company will not be respon-
sible for money or valuables of pas
sengers unless placed in the care of
pursers.
Passengers are requested to pur-
chase tickets before embarking. Those
failing to do so will be subject to an
additional charge of twenty-five per
cent.
C. L. WIGHT. President.
S. B. ROSE. Secretary.
CAPT. j. A. KING, Port Supt.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1897-09-08
RALSTON HEALTH BREAD.

G.. Il. q. B.
made from fine flour of the entire
wheat, according TO the formula of
Martin College, Washington, ID. c.,
contains all the material elements
necessary for growth. 1t is easy of
digestion. perfect in assimilation, and
thoroughly nourishes every part Of
the body. Its continuous use will
insure a strong and vigorous consti-
tuition to otherwise delicate children.
Its proper name is without doubt
THE CHILDREN'S FRIEND.
Manufactured at the German Bag
cry. S33 Fort street. Telephone gu.
The only progressive bakery in Homo
lulu. Manufacturers of Quaker
Bread.
G. r. G.. r.