davidaulloa/AmericanStories huggingface dataset:
The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1897-12-25
nor,+ roh.eeo Shit and Smoke Your Life Away.

To quit tobacco easily and forever. be mag
netic, full of life, nerve and vigor. take No-To-
BAG, the wonder-worker, that makes weak men
strong. All druggists, Soc. or 81. Cure guaran-
teed. Booklet and sample free. Address
Sterling Remedy Co.. Chicago or New YORK.
The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1897-12-25
Notice,

The Champion beer-guxzler dwell in Reading.
twenty glasses of beer.
The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1897-12-25

I,hea Aasxerina Advertisements Kindly
Aention This Paper.
The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1897-12-25

Mrs. Wlnslow's Soothing syrup
Dor children toothing, softens the gum0. reduces inAaDe
U~ataonallays pain, cures wind ool1c. q oents . bot4A
The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1897-12-25

While boring for water at Chatham. Ont,
John oliver struck q gas we'll. The force Of the
Eas blew pipes, augurs and other tools far up
into the air.
The advocate., 1897-07-21
Harmony in the Fifteenth.

Commenting on the result OF the
BelOIt convention, the Smith Center
Journal, the editor Of which was one
of Uhls best rustlers, says: "Ln the
selection of Mr.. M. r. Sutherland as q
candidate for Judge of the Fifteenth
Judicial District, the Populists of Smith
County have no complaint to make
While it is true the delegates from this
county used every honorable means
within their power to SECURE the nOmi-
nation of L. g. Uhl, one Of the best
known and highly respected men in
the district, there is no hard feeling
over the result Of the convention,
either on the part Of MIR. Uhl or the
men who stood Loyalty by him and
worked for what they considered the
best interests Of the free silver forces.
Mr.. Sutherland is a young man who
has lived in Jewell County for several
years. He was twice elected County
Attorney, and has the respect and con-
fidenCe of all who know him. He will
be elected Judge of this district at the
coming November election by q hand
some majority"
The advocate., 1897-07-21
Loland's New Scheme.

Leland is weighted down with an
ambition to become q great National
politician. He accepted the Topeka
Pension Agency In order to further
his plans. He probably instigsted the
early removal of Governor Click for
the same reason. His idea Is to get
into Office at the earliest possible date
and to at once begin the wholesale re-
mOval of every smploye Of the Office,
every one of whom is under civil SER
vice rules. This action taken by one
who is known to be very close TO Nc
Klnley will be @ precedent which will
be followed all over the country, and
civil service regulations will be prsc-
tiCslly nulll6ed. Leland knows that
there are thousands of Republican
office seekers over the country who are
getting tired of the prospect Of having
to make an honest living, while under
the spOils system they would be draw
ing good salaries in what are now civil
service places. Leland will expect his
action to give him a National fame
and increase his popularity among the
fellows who want something.
The advocate., 1897-07-21

are strongly urging the pardon, while
others are vigorously protesting. Sem
timent In NeoshO County seems to be
divided on the question. When IL was
known that the pardon had been rec
commended several hundred indignant
citizens hung the prisoner and his at
torney In efigy at Erie, the county
seat. 1t should be SAID in justice to
the Board Of PardOns that the evidence
favorable to a pardon was quite strong,
although in such cases there is always
room for doubt as to the worth Of such
evidence.
The advocate., 1897-07-21
A Sure Cure for Hog Cholera.

Wsgoner's Disinfectant Company Of
Emporis will prevent every case Of chol-
era and guarantee to cure 95 per cent. Of
all hogs afflicted with this most dreaded
disease. We kill the germ, and usually
after one or two doses the hog is eating
and gets well. IL costs about S cents to
treat each hog. When the hog is too
sick to eat or stand he must be drenched.
Don't be discouraged; he will get up
again. This preparation has had no
equal for three years in Indiana The
price Of one hog will treat 1000 others.
Be sure and use it.
WAGoNER's DIsNFECTANT Co,
Emporia, KRs.
The advocate., 1897-07-21
The Sell Pardon Case.

Several years ago Willie Sell, then
quite young boy living in NeoSho
County, was charged with the murder
of his parents, brother and sister, and
sent to the Penitentisry for Life. AT
the time there was much feeling
against him, and he had what seemed
to be q narrow escape fEom lynChing,
The State Board OF PardOnA has re.
Gently recommended that he be par
doned, the actiOn being approved by
Che fuIl board. Many persons who
wore cQppectFS wlth fhe psccecntlCp
The advocate., 1897-07-21

Republican papers Sre just discover
ing that they promised too much In the
event of Mex Kinley's election. IE makes
them tired when they remember that
the PopRlists promised q clean, honest
State administration and are Eedeena-
IgK thc pEprWlga
The advocate., 1897-07-21
SYLLABUS.

SYLLABUS. BY THE COURf MAAANI 4. u
l. In an action of Feplevin against On officer
to recover cattle levied upon by him wherein
the defendant answers admitting possession
and justihes under o writ OF execution and
denies the ownership OF the plainsi&, 10 Is
error to permit him TO prove that he was mos
in possession OF the property at SAe COM
mencement OF the sutt.
g. In such case where the evidence OK the
plaintiff proves pTt@G fGcie shat he Ia th0
owner OF the property, that he demanded pos
session Of the property from She defend@nt
before bringing tho suit, but lt is incidentally
developed by cross examination that at the
time the levy was made the plaintiff gave
receipt 20 the defendant by which h@ under
took 10 safely keep the property for Che de-
fendant, it 10 error 20 sustain demurrer
thereto on che ground that the defendant did
not at Che commencement Of Che suit have or
detain the property from the plaintiff.
8. The defendant I'm his answer admitted
the detention and justified she same BY levy
OF execution thereon, and when plAtntln
reseed he demuFred 90 She evidence ON she
sole ground that by the receipt OF the plain
tifF It appeared he did nob dGGain the prop
0rty and Che demurrer wac sustained upon that
contention: Held, it Was error so render .
judgment In his favor for return OF She prop
eFsy or ttS value.
true copy. -
Attest; w. IA. THOMPSON,
TsRALl Clerk.
The advocate., 1897-07-21
VIltoenth District POpullgts.

BolOl6, July AOs us W. AOUuoN WI
Beloit and @. III. Nicholas of Osborne
acted as chairman and secretary re-
speCtlvely. The following committees
were appointed:
Credentials--W. F. George, s. ID.
Cheep, G. E. StOrer, Slater White.
ResolutlOns-E. d. George, j. M.
Brown, Harry Gray, j. A. FObes.
Order Of Business-H. N. Fuller,
d. M. Relihsn, d. p. K. Hull, H. Van
Tillburg.
Permanent Organization - James
King, J. w. Holmes, Z. E. Ellis, Irwin
Stanley.
There are but four counties In the
district, and each county had one
representative on each committee. In
che list above the first named Is from
Jewell, the second from Smith, the
third from Osborne and the fourth
from Mitchell.
The following resolutions were
adopted: eve reafIiTm our allegiance
to the St. Louis platform as enun-
ciated by the Peoples party COnVen.
tloD, July, 1896. We still believe that
our convention made no mistake In
nominating that fearless champion Of
human rights, William Jennings Bryan
of Nebraska. We cordially invite
those who are opposed to the bllsterIng
blight of gold monometallism to join
with us in securing the ensctmentinto
statutory law Of the great principle of
the free coinage of silver and gold at Is
to /. The coinage Of gold and silver at
16 to will be our slogan In 1900 as it
was in 1896. We unqusliAedly indorse
Governor Leedy In his efforts to carry
out the party pledges to the people Of
the State of Kansas, and also those
members of Che Legislature who aided
him to that end"
The nominees were M. r. Suther-
land, twice County Attorney Of Jewell;
L. G. Uhl, twice County Attorney Of
Smith, and Judge Cyrus Heren, who
has been Judge of the district for
eight years. Sutherland was nom.
mated by E. d. George In Creditsble
speech. d. M. Relihsn presented Mr..
Uhls name, and E. E. Ellis nominated
Judge Hersn. The vote for about $50
ballots was as follows without material
change: Jewell, Sutherland 10; Mitch
ell, Heren 5, Uhl 8; Osborne, Heren 5,
Sutherland 1; Smith, Uhl9. This gave
Sutherland III, Uhl IL and Heren 10.
On the last ballot Heren's five Mitch
ell County votes and two of his Os-
borne friends went to Sutherland,
giving him IS votes and the nOmina.
tion. Uhl gained three In Osborne,
which made him Is. Everyone went
home satisfied with the nomination,
although there was some feeling be-
tween Heren's friends and the friends
Of Uhl.
The Democrats held convention
and nominated Uhl, but 1t was with
out his knowledge or consent, and it ls
not likely that he will accept. The
district is safely POpulist, and Suther-
land will win easily. He will make q
good Judge.
The advocate., 1897-07-21
Kansss Court OF Appeals, Northern Depart
ment, Eastern Division.

m0nt, Eastern DIVISION.
No. $40.
The Dempater MIL Manufacturing Company,
plaintiff I'm error,
va.
8. II. Fitzwater, A. II. smith, Matthias Snyder
and Timotheus HeimanD defendants In
error.
Error from NemAha County District Court.
REVERSED.
SYLLABUS. BY THE COURT. MAHAN, r. J.
1. In an action upon o written order for the
purchase Og machinery signed by the defend.
ants, TO which ig attached printed fCrm 0K
warranty without signature, an answer deny.
ing that the writing set out constitutes the
entire contract, denying shat the. printed form
OF warranty attached 20 fhe ORDER was Any
GCeptlnHed Sn Page ls.l
The advocate., 1897-07-21
Kansas Court Of Appeals, Northern Departl
ment Eastern Division.
No, lOl.
Molvlna A. Baldwin, plaintlfI in error,

Melvina A. Baldwin, plaintiff in error,
VS..
Srix OF the last will OF Lewis N Briggs, de-
ceased, and trustee for Lutte Briggs, Carrie
Briggs, Zero Briggs and Joseph Briggs,
minor children Of said Lewis N. Briggs, do.
ceased, defendants In error
Error from Atchison County District Court
AFFIRMED.
SYLLABUS. BY THE COURT. WELLS, J,
1. Under article 3 OF the treaty OF the United
States with the Kick@poo Indians proclaimed
May 28, 1868, the lands allotted TO q member OF
the said tribe OF Indians became ali0nabl0,
and said Indian ceased TO be q member OF said
tribe and became citizen OF the United
states, when his application was acted upon
by the President and patent Issued therefor,
and NOT at the slime no appeared before the
District Court, made the required proof and
took the oath OF allegiance as provided for In
said article.
2. A conveyance Of land so allotted made by
such allottee on the same day that he %.
peREed before said court, made the required
proof, and took said oath, and before his Sp'
pIication was acted upon by the President
and o patent issued therefor, tS void, and
tOppel TO the grantee therein.
Mahan, P. J.p dissenting.
Attest: VIII. THOMPSON.
[sBALl Clerk.
The advocate., 1897-07-21

The CincinnaEi Weekly BSlqEsSTsy and
Che AuyccATE Qpe ysar tot %l4Q'
The advocate., 1897-07-21
Kansas Court OF Appeals Northern Depart
m0nt, Eastern Division.

Kansas Court Of Appeals, Northern Depart
ment, Eastern Division.
No.17g.
The City Of AtChison, plaintiff In error,
VB.
John Riggle, defendant In error.
Error from the District Court OF AtchisOR
County
AFFIRMED.
SYLLABUS. BY TRE COURT. WELLS, J.
1. Whore IL does not appear from the record
that any material evidence was offered or re-
C0iVed tending 10 show any defect In the side.
walk or Injury received by tho person, other
than those specifically set up In the petition,
there Is no reversible error in the court below
OVerPuling q motion to make the petition
more definite and certain In these respects.
g. There - no error In the trial cOug8 per-
mitting the plaintiff below to fil0 an amended
poverty afidaVlt, under sections 681 and $50 Of
tho code, when his attention was called 20 the
fact that che afEid9Vit hled at che commence
ment OF the case did not comply with the
requirements OF said sections
g. There was no material error In the adm2a-
sion OF the evidence complained Of, and ON
examination OF testimony offered shows bhSt
there was sufficient evidence 10 justify the
verdict Of the jury.
hrue copy. -
Attest: w. H. THOMPSON,
SEAL Cl0rk'
The advocate., 1897-07-21
[PubliShsd July a, 1871
Court SyIlabi.
Kansas Court OF Appeals, Northern Depart
ment, Eastern Division.

No.11l.
Newell p. Bus0nbaPk and Alice BusenbaFk,
plaintiffs In error,
vs.
Richard A, Park, Peter Busenbark, A. ]. ER.
gleston and s. b. EgglestOn, defendants IN
error.
Error from Atchison County District Court.
REVERSED.
SYLLABUS. BY TIE COURT. MAHAN, P. J.
/. In an action 10 Goreologe 0 mortgage the
plaintiff may join Ss defendant one ClAiming
an adverse and paramount title 20 the mort
gagged premises for the purpose OF deteFmtn-
Ing such adverse interest.
8. A party defendant In o foreclosure suit
claiming an adverse title paramount 90 the
mortgag0r and the mortg@ge0 In possession
Of the property and the plaintiff seeks TO ltti-
gate and d0teTmine such adverse title che de-
fendant is entitled as Of right TO . trial by
jury
A true copy. .
Attest: w. III. THOMPSON,
tsEALl Cl0rk.
The advocate., 1897-07-21
REVERSED.

An opinion by tho majority OF the court was
handed down in this case on che 11th day OF
January, A. D., 1897, In which the judgment OK
the trial court was reversed and case RemAnded
with directions 90 enter Judgment on che spe'
cial findings In favor OF tho plaintiff In error.
An application for rehe@Ftng was allowed on
petition OF the defendant In error. The case
was again argued and submitted 20 this court
at the June, 1907, torn. After full 9xamina-
ti0n OF the record we ore satisfied with the
former decision Of this court
We fall 20 see any reason Tor setting aside or
modifying either the Syllabus or opinion OF
The Judgment Of Che trial court is reversed
and the case r0manded with directions 20
enter Judgment on the special findings In
favor OF the plaintiff In error.
The syllabus handed down January II, 1897,
was as follows:
81. When the consideration entirely fails
for a note In the hands OF the pRyee thereof,
neither such pGy9e, NOR suDsequenG holdef
with knowledge OF the failure OF c0nSldera.
tion, can maintain an action thereon against
the maker.
"9. Where q note was executed In favor Of
the pAyes thereof by q principal and his
surety, for the purpose Of ehecttng Sn OK
change OF real estate with such payae, it can
not, upon the Fescisi0n OF the contract OK eX-
change, by an agreement made between tho
principal and pAyee, without the consent OF
the surety, be transferred 10 third person In
satisfaction OF debt due him from such pFtn'
cipSl, so as to bind the surety"
A true copy. -
Attest: WE. THOMPSON.
isEGIl Clerk.
The advocate., 1897-07-21
AFFIRMED.
SYLLABUS.


/. The pleAdings and evidence In this case
show thAt there was q former adjudication OF
all the questions involved In this action, and
that the court properly instructed the Jury 20
return q verdict In favor OF the defendant and
against the plaintiff.
g. Where defendant relies upon q proceed.
ing aud judgment OF the District C0urt as res
iudfcdtd and not upon an arbitration, the
court properly refused 10 allow one OF che az.
bitra tors TO testify that the subject matter
was not considered by such AFbitratOrs
3. The journal entry shows that the jury re.
turned their verdict In accordance with the
instructions OF the court. There was q motion
fl0d 10 correct this journal entry, and In she
notice OF the motion the plaintiff stated "that
no would use ahidRVits and oral evidence la
support OF his motion" The record fails 90
show that the oral evidence and aiiid&vlta are
preserved In the record. The finding OF the
trial court upon this motion Is conclusive.
A true copy.
Attest VIII. THOMPSON.
[sEALl Clerk.
The advocate., 1897-07-21
Kansas Court Of Appeals, Northern Depart
menG, Eastern Division.
No.l66.

George D. Hale, 90 administrator Of the estate
OF Lydia Nichols, deceased, plaintiff In
error,
VB.
w. H. AldaffeE, defendant in error.
Error from Shawnee County DistFiCt Court,
PER CURIAM.
REVERSED.
The advocate., 1897-07-21
Kansas Court OF Appeals, Northern Depart
ment, Eastern Division.
No.lSO.

B. f. Hursh, plaintiff In error,
va.
J. w. Starr. defendant In error.
The advocate., 1897-07-21

Kansas Court OF Appeals, Northern Depart.
: ment, Eastern Division.
The advocate., 1897-07-21

Lewis Repstine, plaintiff In error,
vs..
O. P. Nettleton, defendant in error.
Error from AtchisOn County District Court.
AFFIRMED
The advocate., 1897-07-21
REVERSED.

Error from District Court Of. .AtChlaOn County.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-02-16
KANSAS MEN STAYED AWAY
They Left Stockyards Investigation
to Missourians

Kansas City, Mo, Feb. 16--special
committees from the Missouri and kan
sas state legislatures met here yester-
day in joint session, and began an in
vestigation of the Kansas City stock
yards and the Kansas City live stock
exchange. The Joint meeting is the out
come of the introduction of bills in the
legislatures of both states to regulate
the charges for feed and yardage and
the commission charges at the stock
yards.
The joint committee organized by
electing Representative Whitcomb of
Missouri chairman and Representative
Morrow of Kansas, secretary and in
brief executive session the Missouri
members were delegated to inspect the
yards. The Kansas members having
been practically instructed to keep
away from the communicating precincts
of the stock yards, asked to be excused
from this subcommittee. Later in the
day the hearing was resumed at the
Midland hotel, but the evidence taken
was limited to the testimony of officials
of the stock yeards company as to the
charges exacted by their company and
the commission men doing business at
the yards.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-02-16
STUART BUYS THE LICENSE
Corbett Has Wholesome Regard for
the Law.

Carson, New, Feb. 16.-Dan Stuart to-
day took out the $1,000 license for the
Orbett-FitzSimmOnS contest to take
place here March IT. He paid for it by
check and now nothing in a legal way
can prevent the big fight from taking
place.
Carpenters are expected to start work
Wednesday or Thursday and seats will
be placed on sale at the same time.
Reno, New, Feb16.-J. J. Corbett was
billed for boxing exhibition here to-
morrow night, but the district attorney
has notified Edward Cook, Corbett's
agent. that under the recent legislative
enactment, a license must be obtained
which will cost 81, 900. Cook was mott
fed that if an attempt was made to
give the performance without a license,
Corbett and his party would be arrest
ed. After receiving this warning Cook
consulted his principal by wire and
finally cancelled the exhibition, showing
a telegram from Corbett in which the
latter stated he would sooner loose his
life than get tangled up with the law
and be prevented from meeting Fitz-
simmons on ST. Patrick'S day"
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-02-16
SHADE FOR CITY STREETS.
New York Tree Plan ting Society to
Begin Active Work

New York, Feb. 16.-The Tree Plant
ing society of New York, having been
incorporated, is at last in a position to
formulate plans and begin the work of
beautifying and shading the city streets.
This is largely due to a public agita-
ton of the subject.
a member of the society in speaking
of it's objects, said today: I'VE pro-
pose to beautify impartially the wealthy
residential streets and avenues and the
vast expanses of the tenement house
districts. In fact, our first aim is to
brighten the squalid and sordid misery
of the poorer districts of the city
New York. he said, has all the ad
vantage of location. In this respect it
is practically unequaled by any other
large city. But this is essentially a
unitarian age. People spend their
money in lavishly decorating the inter
iOrs of their homes and pay little atten-
ton to the appearance of their streets.
They leave that to the department of
public works. But this is out of the
departments province. The society be-
lieves the best plan should be for one or
more residents of each block to be as
signed the duty of ascertaining how
many residents of his block would set
out trees. The association furnishes
the names of reliable and practical
nurserymen who will put out trees at
the lowest rates."
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-02-16
100000 MANSION AT RYE.
Relatives ofJohn Jacob Aston Erect q
Model Mansion.

New York, Feb. 16.-A costly mansion
is to- be erected at Rye by c. Temple
Emmett, a lawyer of this city Mr. En-
met about four months ago, married
Miss Chandler, a grand daughter of
John Jacob Aston.
The site selected for the mansion is
the extensive Underhill Purdy farms in
the town of Rye, which Mr.. Emmett re-
Gently purchased. The mansion will be
of a French style of architecture, and
will cost about $500, 600. The house will
be built of granite and will be so To-
Gated that there will be view of Long
Island Sound for miles east and west
from the building.
In front of the mansion there will be
two terraces leading into an Italian
garden a large stable. lodge and coach
mans cottage will complete the country
seat The property is in a very select
residential section.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-02-16
IDEAS OF "ALBERT ROSS. >
Author of "Shou Shalt Not" Afflicted
With Poverty Eallucin alton.

Boston, Feb. 16.-One strange feature
of Lynn Boyd Porter's insanity is the
hallucination that he is financially en-
barrassed and practically on the road
TO the poor house, when as a matter of
fact he is one of the Wealthiest au-
thOrS in America.
Every cent of his money he has
made himself, the foundation of his
fortune coming from the proceeds of
the sale of his books and the remain
der from his successful manipulation
of this money in his extensive real es-
tate transactions.
Mr.. Porter maintains a mammoth es-
tate in Cambridge, where his family,
including two beautiful daughters, are
leaders in society in the university
city. In his stables Mr.. Porter has
some of the finest blood horses in this
section of the city.
His strange allucination had taken
such hold upon him that he sold
some valuable horses for a trifie and
attempted to sacrifice other property
at ruinous prices. Mr.. Porter was not
many years ago a compositor on a
Boston daily newspaper, when his fam
Gus book Thou Shalt Not" brought
him notoriety and sudden aff1uence.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-02-16
DENIED TO CALLERS.
Even "Blocks of Five" Dudley Cannot
See Mckinley.

Canton. Feb ia number of callers
were at the Mckinley residence this
afternoon but all were informed that
the president-elect could not be seen.
Col. w. w. Dudley of Washington, who
was pension commissioner under Presi-
dent Garfield came down from Cleve-
land at noon but was compelled to post
pone his visit until later day. Colonel
Dudley is member of the inaugural
committee and said the preparations
for the event are progressing very sat
isfactorily. He was in Cleveland for
talk with National Chairman Hanna
but said his visit here had no political
significance
Col. Dudley was formerly a prominent
politician of Indiana, but is at present
resident of the capital city He will
probably return to Washington during
the evening. Among the days callers
were: Rev. H. J. Murdoch of Pitts
burg; Col. V. V. Van Pallen of Port
Jarvis, N. Y; John Conkling, Harris
burg. Pa; Charles Schieren, of Brook
lyn n. Y.