davidaulloa/AmericanStories huggingface dataset:
Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1897-10-24
THE "WHEELING.
A Letter froma West Virginia Sailor on the
(,mnhnnt.

A Letter froma West Virginia Sailor on the
Gunboat.
The Register has received a letter
from A. F. Mason, an old West Vir-
ginia boy, now a sub-officer on the
gunboat Wheeling. 1t is dated Hcno-
lulu, H. l.. October 8, left the Islands
on the It'll, arrived in San Francisco
on the 18th ana Wheeling on the 20.
The writer says, in part:
Il promised to write to you when
you were on board Of our vessel, at
Mare Island. at the time the delegation
from Wheeling presented the Ship with
the silver service, and / now take the
opportunity. We came here to Homo
lulu carrying important 6Epatches TO
the admiral in charge of this station.
What they were | could not say-in
fact, | don't think the captain himself
knew-but on our arrival the admiral
transferred his staff and flag To the
Bennington, and the Philadelphia sails
for home on the 9th inst. We had a
splendid trip down to this place. We
were nine days out. bur we're going AT
moderate speed only. YOu may tell
the people Of Wheeling that the ship
that was named after their town fully
comes up to her requirements. She
can get there every time Everybody
en- board is we'll. but disappointed in
coming here. We all had laid in a
stock Of heavy winter clothes. but now
I don't think we will go to Sitka,
Alaska, but win most likely bask in
the garden of the Pacific. in place or
the snow and ice of the frozen north.
All the talk here on the ISLANDS is an
neyaticn with the States. How 1t will
turn out | do not know The captain
and all OF the officers of our good ship
are all very nice to US and we feel jusf
as he said the day that you were
aboard. that size is the best ship of the
two-that Is. this one and the Marietta
her sister ship
Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1897-10-24
TAIL 3
Jackets
''' Capes!

An assemblage of the most Cor
rect oool-weather garments for
Women, and directly from giving
values like those below may be
clearly traced the rapid growth OF
this new department. SOLD BY
FORCE OF JUST SUCH VALs
UES AS THESE, will we interest
every lady within shopping dis
lance Of Wheeling in this splendid
showing of bright. new Wraps, on
easy payments, at
Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1897-10-24

Newell, comedy bar experts; Mitchell
and Jess, as The Isishman and the
Sport" Marguerite Tebeau, the cham
pion female baton twirler; LaBelle
Parson, the marvellous female baritone:
Lena Convier, wonderful soprano; Nell
lie Berwick. the $4,000 beauty, and
Annie Newell, soprano, who are with
the gorgeous extravaganza Vanity
Fair" which will play an engagement
Of three nights and matinee at the
Grand Opera House, commencing Octo-
Der 2Sth.
Baby June, the child actress with
the Payton company, is not only very
clever in her work, but she is a bright
and spirited girl and as much a CO.
quette as some of her elders. She is an
adept in some of the arts peculiar to
femininity. A few days ago she put
her arms around the neck of the stage
manager at the Grand, caressed his
cheeks and said: Say, think you're
the sweetest man | ever met. Won't
you please go out and buy me some
candy?" She likes animated play
things, and is especially fond of dogs.
She found pug at the entrance to
the theatre and cried when its owner
claimed it. She was on the stage af-
ter one of the matinees and noticed the
sunlight playing upon Manager Fem
ler's sparkler Say, Mister Manager"
she said, you're no SO warm. There's
Others can wear diamonds and she
struck killing attitude as she held
up for inspection tiny finger on which
there was ring set with diminutiye
diamond
The Belle Isle Park project is a big
amusement enterprise, and should be
successful, as it is backed by persons
who have Che necessary capital to push
it, and CONDUCT the institution in
first class manner The Casino will
have entertainments during the even
ings, and the park win be properly
kfitted with xrees, walks and benches.
There las another enterprise which
Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1897-10-24
MARTINS FERRY.

st. Mary's Church to-day and coming
week: This is the twentieth Sunday
after Pentecost, and also the feast of
st. Raphael, archangel Ep. Eph. 5:15-
81, Gosp. st. john 4;46-53. Next Thurs
Gay will be the feast CT St Simon and
St. Iude, apostles. Next Saturday will
be the vigil of All Saints-a fast day of
obligation. Halloween is always a
day of fasting ard special prayer. Mon
Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1897-10-24

Don't neglect your eyes after you feel
there is something wrong. 1t il per-
fectly natural for uncorreeted teye-
strains to grow worse An OUNCE OF
prevention Is worth pound OF ctre."
n. w. EwaI. optician for
DILLON, WHEAT e sHANCHE1 co.
Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1897-10-24

We have just opened a beautiful line
of Lamp Globes from - cents to 500.
DILLON, WHEAT Il HANCHER Co.
Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1897-10-24

Special prices on Sterling Silver
ware this week at II. z. Hillman &
Co. s.
Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1897-10-24

w. H. Nickison handles the finest
meats and poultry. 20 and Y Sixteenth
street.
Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1897-10-24
BEHIND THE FOOTL|GATS.
Amusement Offerings to Local Patrons
Of the Theatres.

Good Attractions in Both Houses
During the Past Week = Some
Bookings for the Next Six Days.
Players Club as Thanksgiving
Attraction-Gen Notes Of In
terest Pertaining to the Stage.
Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1897-10-24

GRAND OPERA HOUSE-Thursday
Friday and Saturday, and Saturday mat
lnee, Vanity Fair.
There was sufficient in the theatrical
offerings during the past six days to
satisfy all tastes, but the coming week
will be exceedingly dull. Manager
Riester had booked the 1892" COM
pany, but in the inexplicable manner
in which these things often occur, the
company has been lost sight of and
has probably cancelled. The Opera
House will be dark all week. At the
Grand there will be nothing for the
first half of the week, but the last
three nights will be filled in by Gus
Hills Vanity Fair company. 1t is
gratifying to note the large attendance
at the production Of Madame Sans
Gene" Thursday night, after so many
poor audiences at the Opera House.
The attraction merited even better
patronage. 1t served to display some
magnificent costumes and stage settings
and a well balanced cast. From an
artistic standpoint, it was the best
production with which Wheeling has
been favored this season.
The appearance of a repertoire COM
pany at popular prices recalls the old
days at the Grand Opera House, when
many companies of this character were
booked for that theatre. Corse Pay
tons productions are all first class, and
Manager Feinler did not feel that he
was making an experiment in giving
the company a full week. The result
demonstrated his wisdom. The house
was packed at nearly every perform
ance and the receipts were larger than
for engagements of almost any of
the higher priced attractions. Nine
plays were given during the week, all
presented with proper scenic effects and
costumes, and by a well balanced COM
pany. This repertoire is a business
in ITSELF" says Business Manager J. T.
Macauley, and it requires study and
experience to put it on a profitable
basis" Evidently Corse Payton has
had the experience, and given the mat
ter the necessary study, as he has ac-
cumulated fortune by playing at pop
ular prices.
It is seldom an aggregation of such
Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1897-10-24
THE OLD STORY
OF LOVE AND LIFE,
AS TOLD IN THE NEW BOOK,
!" COMPLETE MANHOOD

Thousands of happy men pronounce this
work the means of their physical salvation
It gives the latest scientific facts concerning
marriage.
& 1t describes the only known method of at
tanning fullest natural manly vigor.
1t points out Home Treatment for all ex-
cesses and sexual disbarments.
1t shows how to cure nervousness, hope
lessness. despondency.
One copy Of ..coMPLETE MANHOOD
AND HOW TO ATTAIN 1T sent free, in
plain wrapper, sealed securely, to the address
of any sincere inquirer, by the Erie Medical
Company, 81 Niagara ST., Buffalo N. Y.
Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1897-10-24

It is seldom an aggregation of such
superior talent is found in one company
as the following names of superior
speciality artists attest to be conjoined
in Vanity Fair: Hanley and Jarvis,
eccentric comedians; Bessie Stanton,
the original bronze model; Mahr' Sis
tiers, grotesque dancers; Shevett and
Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1897-10-24

GRAND OPERA HOUSE-Thursday,
Friday and Saturday. and Saturday mat
inee, Vanity Fair.
Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1897-10-24

It's very newness makes this
new department your safe, sure
place for the choicest. richest and
latest styles in Jackets and Capes:
Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1897-10-24

We have the erandest stock OF
Kerseys and Beaver Cloth Capes,
trimmed with braid and velvet, ex-
ira long, with full 100 inch sweep
irregular 50 garment; g e 0Q
for this week only OOsIO
The advocate., 1897-10-13
Published October 1S, 1871
Supreme Court SylIabi.
No. 1O292
II. B. SchuIer
VS..
Chester Collins, ct al.
Error from Cowley County.
DISMISSED.
Syllabus. BY the Court DOsLer z. j.
syllabus.

A paper purporting to be bill Of excep-
tions, cannot be considered as such when
made In the form OF an assignment OF
errors, in q proceeding before a referee,
which paper concludes with q request that
the evidence In the case be attached
thereto, that 1t be allowed as q bill Of ex-
ceptions and that q certificate be made
that the attached evidence was all that
was offered and received on the trial, and
70 which the referee attaches q certihcate
in the following language, "the above and
foregoing exceptions signed by me-" with
out stating that the exceptions are true,
or have been settled and allowed; and in
report stating that he signs and returns
Herewith the said exceptions, and attaches
thereto all the evidence in the case but
further states that such evidence is TOO
yoluminous to be actually attached and Is
therefore merely filed separately, the diff
ferent parts Of which he describes as the
depostlOns Of certain named witnesses,
court files and records in certain numbered
transcripts" and exhibits" and "Oral
on which different parts he says he placed
the initials Of his name as Identifying
marks but none Of which bear such iden"
iifylng initials, and some Of which parts
Of evidence cannot be identified by any de-
scription given Of them by the referee.
All the Justices concurring
A true copy.
Attest: JNO. MARTIN,
lSeal.l Clerk Supreme Court.
The advocate., 1897-10-13

from seeing along the track for any con-
siderable distance until he is nearly on the
crossing, IL Is error for the court to charge,
as q matter OF law, that such person Is not
bound TO stop before attempting to cross.
All the Justices concurring.
Attest: JNO. MARTIN,
[Seall Clerk Supreme Court.
No. 1926
d. L. sutllff, ct al,
vs.
John H. Smith.
Error from Woodson County.
AFFIRMED.
Syllabus BY the Court. Allen, j.
While the general rule is that in order to
maintain an action to quiet the title to
land the plaintiff must either be in pos
session or have the legal title to the land,
where 1t appears that plaintiff has sold to
one Of the defendants, who withholds a
large part Of the purchase money until the
title to the land is perfected, and the plain
tiff Is bound by contract to so perfect the
title, and where It further appears thar
such defendant refuses to allow an action
for that purpose to be brought in his name,
the vendor may bring an action against the
Vendee and the persons claiming the ad-
verse title or interest, for the purpose Of
perfecting the title in accordance with his
agreement.
All the Justices concurring.
A true copy.
Attest JNO. MARTIN,
LSeal.l Clerk Supreme Court.
The advocate., 1897-10-13

No 1924
Leila z. Raper
VS..
VIM. B. Raper
Error from Shawnee County.
AFFIRMED.
Syllabus. BY the Court. Johnston, ].
In an action for divorce the court found
both parties guilty OF wrong-d0lng and re-
fused o divorce 20 either. 1t was also found
The advocate., 1897-10-13
No. 1929.
Elijah Rayl
VS..
]. A. Rayl.
Error from Reno County.
AFFIRMED.
Syllabus.


Syllabus. BY the Court Allen, J.
l. The provision of the statute prohibit
Ing the creation Of trusts concerning lands,
unless in writing, expressly excerpts those
arising by implication Of law, and recog-
nlzes the existence and enforcibility Of such
trusts where 1t is made to appear that by
agreement and without any fraudulent in
tent the party In whom the title Is vested
was to hold the land in trust for the party
paying the purchase money.
2. That clause Of the sixth section
OF the statute Of frauds which prohibits
the bringing of an action upon an agree
ment not to be performed within one year
from the making thereof, unless the agree
ment Is in writing, has no application to an
action to enforce trust resulting by im-
plcation Of law.
9. Defendant took the title to two quar-
ter sections of land under an agreement
with his mother that she should pay the
purchase price OF one quarter section, and
he and his brother should pay the balance,
and that he should convey one quarter Sec
ton of the land to her, A part Of the first
Payment Pay was paid by each Of the. parties
quarters was derived mainly from the
earnings OF the parties and the products of
the land. The plaintiff, her husband, and
her children, other than the defendant
contributed their labor in carrying on the
farm, raising and marketing the crops
feeding and caring for the live stock The
plaintiff contributed more than enough to
fully pay for the quarter section that it
was agreed should be hers. She occupied
1t from the time the agreement was made
until the trial Of the action, and her right
to do so was never disputed by any Of the
parties: Held, that under these facts an
enforcible trust resulted in her favor, and
decree directing the son to convey to
her will not be disturbed.
All the Justices concurring
A true copy.
Attest JNO MARTIN,
LSeal.l Clerk Supreme Court.
The advocate., 1897-10-13
No. 1OO86.

The Carbondale Investment Company
VS..
/. d. Burdlck and w. II. Burdick
Error from Lyon County.
REVERSED.
Syllabus BY the Court. DOster, G. j.
Profits upon the sale Of town lots at
prices beyond their present market value,
and which depend for their realization upon
the working up Of boom" and upon the
contingencies and uncertainties OF the fu-
ture, are speculative and COnjectural in
character, and cannot be allowed as dam
ages for the breach OF contract
2. In an action for or an Offset Of dam
ages by a mortgage debtor against his
creditor for the premature institution OK
q foreclosure suit and for refusal to re"
lease parts Of the property from the mort
gage lien, where the mortgage contract
together with other collateral and con-
tempOraneous written agreements are plain
and unambiguOus In their terms, 1t is error
to instruct that the jury may take into
account what was contemplated" or "ex-
pected" by the parties, as to the way and
means by which the debtor was to realize
money with which to discharge the mort
gage debt
All the Justices cOnCurrlng.
A true copy.
Attest: JNO. MARTIN,
lSeall Clerk Supreme Court,
The advocate., 1897-10-13
No. 1926.
w. Il. Kelley, ct al,
VS..
John A. Stevens.
Error from Finney County.
REVERSED.
Syllabus.

/. An action having been brought by two
persons as partners, one of whom died be-
fore the case came to trial, and judgment
having been rendered in favor of the sur
vivor and the executors of the deceased
partner as his successors in interest, it will
be presumed in the absence Of any showing
in the record to the contrary that the acs
ton was duly revived before the trial.
2. According to the testimony of the de-
fendant the plaintiffs agreed to furnish
him two bills of lumber at prices in gross,
and thereafter agreed that they would fur
nish him whatever more might be needed to
finish his building at the same rates. The
defendant then introduced in evidence, over
the plaintiffs objection, written compu-
tation, covering substantially the whole OF
the defendants claim in the case, based on
items furnished by himself and purported
copies of the bills on which the bids were
said to have been made, made by a witness
who testified, that from his knowledge OF
the lumber business he could determine
from the lumber bills the price at which
each item In the bill bid on was furnished,
and that the computation made by him
was In accordance with such pIicess Held,
The advocate., 1897-10-13

such certificate had been paid by the bank
issuing II, does not authorize a cross-eXam-
ination as 20 the ownership Of the money
represented by 1t.
2. An official court stenOgrapher who has
correctly taken the testimony OF witness
may read his notes Of such testimony as
evidence upon a subsequent trial, although
he has no Independent recollection Of such
testimony and can relate the same only
by reading his notes thereof.
3. 1t Is error to permit a witness who has
heard the testimony Of another witness
upon another trial as to a matter In Issue,
10 give his opinion as to the truth OF such
matter derived from hearing such testi-
nony.
All the Justices concurring.
A true copy. -
Attest: JNO. MARTIN,
[Seal.1 Clerk Supreme Court.
The advocate., 1897-10-13

that there was no probability that the par
ties would ever live together, and, further,
that the wife held the title TO all the real
and personal property accumulated by the
contributions and labor Of both parties.
The court thereupOn, under section SAB OF
the Civil Code, proceeded to make what
appears from the facts to be an equitable
division and disposition OF the property,
decreeing q tract Of real estate TO the hus-
band: Held, that the law authorizes such
division and disposition Of the property as
was made.
All the Justices concurring.
A true copy
Attest: JNO. MARTIN,
[Seall Clerk Supreme Court.
No 1914
Enos Mclaughlin
Thomas Aeon.
Error from Montgomery County
AFFIRMED.
Syllabus BY the Court Johnston, J.
One who stands In the mere relation OF
mortgage Is under no obligation to pay
taxes on the mcrtgaged premises nor is he
precluded from acquiring tax title thereto
based on tax sales made before he went
into possession Of the premises.
All the Justices concurring.
A true copy.
Attest JNO. MARTIN,
lSeaLl Clerk Supreme Court
No. 1O25l.
David f. Lewis and Annie B. Lewis
VS..
William b. Lewis.
Error from Shawnee County.
Syllabus. BY the Court. Johnston, J.
AFFIRMED.
In a mortgage to secure the payment Of
several notes, due at different times, in
terest thereon payable annually, there was
a stipulation that
IF said sum or sums Of money, or any
part thereof or any interest thereon, Is not
paid when the same is due, and II the taxes
and assessments Of every nature which are
or may be assessed and levied against said
premises, or any part thereof, are not paid
when the same by law are made due and
payable; then the whole Of said sum or
sums, and interest thereon, shall, and by
these presents, become due and payable,
Held in foreclosure proceeding that to
make the whole debt due before the time
stated In the notes, and to authorize fore
closure, two conditions must occur, namely,
default In the payment OF sum when due,
and default in the payment Of the taxes on
the mOrtgaged premises when due.
All the Justices concurring.
A true copy.
Attest: JNO. MARTIN,
[Seall Clerk Supreme Court.
The advocate., 1897-10-13
No. 1O14O.
Jacob Smith
VS..
Richard Holden, ct al.
Error from Shawnee County.
AFFIRMED.
Syllabus. BY the Court DOster G.
Syllabus.

Syllabus. BY the Court DOster, c. ].
/. Parol evidence of the facts and cir
cumstances surrounding a person eXeCut-
ing an instrument of gift, may be re-
ceived to show that such instrument was
intended as a will and not donation inter
ViVos and may also be received to ascer-
tain the subjects and objects OF the testa-
tors bounty, and to show that another
whose signature appears upon the instru-
ment in connection with that Of the maker
did not sign as joint testatOr.
g. A general finding by the court that an
instrument lis the last will and testament
Of the deceased, and is entitled to probate
as such WILL" Is an affirmation of the exist
ence Of every special fact necessary to
support an order admitting 1t to probate
and therein of the sOundness Of mind Of the
testator.
3. Testimony examined and found to
prove the due execution Of the will and Its
lttestation by the subscribing witnesses In
compliance with the statutory forms.
All the Justices cOncurring.
A true copy.
Attest: JNO. MARTIN,
[Seal.l Clerk Supreme Court.
The advocate., 1897-10-13

No. tOOS7.
Eliza Jane Wright, as Administrative of the
estate of r.. III. Wright,
VIZ.
James w. Wright.
Error from Sumner County.
REVERSED.
Syllabus. BY the Court. Doster, G. ].
The testimony of a witness upon direct
examination merely identifying a certificate
OF deposit OF money. and the signature OF
the payeG thereof, with . statement that
The advocate., 1897-10-13
No. 1O2SS.
Margaret p. Wertz
VS..
Gustave Albrecht.
Error from Reno County.
AFFIRMED.

AFFIRMED.
Syllabus. BY the Court. Johnston, J.
In the absence Of all the evidence upon
which the trial court acted in sustaining
demurrer to plaintiffs evidence, or Of
conclusive showing that the testimony pre-
served could not be overthrOwn by other
testimony, or of statement in the record
showing the character and effect Of the tes-
timOny omitted, Il cannot be held that the
court committed error in holding the tes-
tlmOny to be insufficient.
All the Justices concurrlng.
A true copy.
Attest: JNO. MARTIN,
LSeal.l Clerk Supreme Court.
The advocate., 1897-10-13
No. 1OlO7.

The Kansas Mill Owners and Manufacture
ers' Mutual Life Insurance Company
VS..
Fl. Rammelsberg ct al.
Error from Ellsworth County.
REVERSED.
Syllabus BY the Court. DOster, C. ].
The written instrument of person, en-
t@red into by him with another, and on
which contractual rights between the two
are founded, cannot be impeached by such
person, upon the ground that he had been
fraudulently induced to execute It, by
slightly more evidence than is adduced In
It's support. In such case the evidence OF
fraud should be clear, decided and satis-
factory, and 1t is error to instruct that 1.-The
prepOnderance of evidence need only be
slight" so that the jury are enabled to say
there is q little more evidence upon the one
side than upon the other.
All the Justices concurring.
A true copy.
Attest: JNO. MARTIN,
[Seal.l Clerk Supreme Court.
The advocate., 1897-10-13

The Atchison, Topeka & Santa Fe Railroad
Company
VS..
Mildred N. Powers, Administrative.
Error from Leavenworth County.
REVERSED.
Syllabus. BY the Court. Allen, ],
/. Instructions to the jury should gener-
ally be limited in their scope to the issues
presented by the pleadings. In an action
to recover damages for wr0ngfully causing
the death Of person killed at a railroad
crossing, IL Is error to instruct that the
jury may base a verdict for the plain
tin on the failure Of the defendant to main
tain gates, or keep a fiagman at the cross
ing, where failure to do so Is not charged
in the petition, and has not been relied on
at the trial as q ground OF recovery.
9. Whether the surroundings OF a railroad
crossing are such as to render ii incumbent
on q person about to cross the railroad
track with team and wagon to stop and
ascertain whether o train OF cars IS ap-
preaching is a question OF fact to be deter
mined by the jury; and In q case where the
view Is obBtructed by high banks, which
prevent person approaching the crossing