davidaulloa/AmericanStories huggingface dataset:
The advocate., 1897-05-05

be shown 10 the Jury, in connection with the
uninjured one.
2. We see no reversible error In the Admis.
sion Of che evidence complained OF.
3. This court cannot say as q matter Of law
that verdict for $4,000 Is excessive as dam.
ages for the breaking the leg OF q man sixty
seven years old, said injury oOnfining him TO
his bed about two months, after which no was
obliged 20 use crutches for five or six weeks,
and was then left permanently lame and par
TALLY disabled for life.
All the Judges concurring.
A true copy.
Attest: THOMPSON,
[sEALl Clerk.
The advocate., 1897-05-05
Kansas Court of Appeals, Northern Depart
nent, Eastern Division.

Kansas Court of Appeals, Northern Depart
ment, Eastern Division.
No. 176
The City Of Topeka, plaintiff In error,
Vs.
Pleasant Smelser defendant in error.
Error from Circuit Court ofshawnee County
AFFIRMED.
SYLLABUS By THE CoURT. WELLS ].
/. Where one of the errors alleged 20 have
been committed In the court below is in over.
ruling the motion for q new trial, and one Of
the grounds upon which new trial was
asked was "In proceeding with the trial OF
SAID cause over the objection Of the defend
ant, and while said case was pending and uno
determined In the Supreme Court, nc set forth
in said defendants motion for a c0ntinu.
ance," the question is sufficiently raised 20
authorize this court to review the question as
20 whether the case should have been contin-
ued or not.
2. The institution OF q proceeding In error In
the Supreme Court does mot Of itselg operate
TO suspend further proceedings I'm the case In
the court below; nor does 10 entitIe che plain.
Sit In error As q mgtter OF right to q cOntinu.
Ance In the court below until said proceeding
In error 10 disposed Of.
All the Judges concurring.
tEne COPY
Attest; w. II. THOMPSON,
lsHALl Clerk.
y
The advocate., 1897-05-05

| TONED for, and are OF the opinion that said
route Is practicable And Of public utility, and
recommend that IL be granted as located and
surveyed" but II does not appear that 10 was
located or surveyed, and no plat, feld notes
or survey appears 20 have been fled or made,
Held, thatsuch facts do not constitute Inca.
! tiOn, ana no such road exists because IL was
never located.
All the Judges concurTlng.
| A true copy.
Attest: wH. THOMPSON,
lsBALl Clerk.
Kansas Court OF Appeals, Northern Depart.
ment' Eastern Division.
No 49o
s.R. Smith, appellant,
The City OF LeavenWorth, appellee.
Error from District Court of Leavenworth
County,
REVERSED.
SYLLABUS. BY THE COURT. WELLS, j.
1. The law authorizing cities to tax certain
callings, trades, professions and occupations,
empowers the Legislative body Of the city TO
use reasonable discretion as TO what kinds OF
business in the classes mentioned 10 will 80
tax.
4 n CITY cannon GOlLeCb license TAX from
an express company that does no business that
both begins and ends within Its limits, under
an ordinance providing that every express
company, corporation or agency, for business
done exclusively Within che city, shall pay
the sum Of Beventy.hve dollars per annum.
All the Judges ooncurrlng
Grue copy.
Attest; VIII. THOMPSON,
lsEALl Clerk.
Kansas Court Of Appeals, Northern Depart.
ment, Eastern Division.
No. 5OO
Atlantic Trust Company and william Il.
Swentzell, plaintiffs In error,
vs.
Q. ]. Prescott and Arthur Allen, partners as
Prescott & Allen, defendants In error.
Error from Shawnee County.
DISMISSED.
SYLLABUS. BY THE Court. WELLS, J.
Where the Judgment debtors and the owners
OF the property upon which the lien was ad-
judged, are not made parties In this court, the
proceedings TO declare the lien invalid will
not be considered.
All the Judges concurring.
true copy.
Attest: WH. THOMPSON,
lsEALl Clerk.
The advocate., 1897-05-05
Kansas Court Of Appeals, Northern Depart.
ment, Eastern Division.

No. 199.
Harry L. Stevens ard Mary Stevens, as admin
lstrstors OF the estate OK Henry Stevens, de-
ceased, plaintiffs in error,
VS..
Geo. II. Blake, as guardian OF Stephen s. Ray,
minor, defendant In error.
Error from the District Court Of Douglas
County.
AFFIRMED.
SYLLABUS. BY THE COURT. WELLS, ].
/. It is not error for court to refuse TO com
pei che plaintiff in an action upon a prOmis-
sorry note to allow IL TO be attached to q com.
nilsson TO take evidence.
2. Where the court required the note In con-
trOversy TO be submitted At the Office Of the
plaintiffs attorney at Sll reasonable times
prior to the trial TO the inspection OF de-
PENDANTS and their attorneys, there was no
error in not compelling them 70 submit 10 to
the inspection OF persons generally.
s The law pTesnmes that witnesses are
truthful, and without any evidence on that
point they are entitled to credit but II they
have established o reputation In the vicinity
where they reside for untruthfulness this
fact may be shown In evidence and the wit
ness Is tmpeached. But TO defeat this at
tempted impeachment II Is only necessary to
show that the impeaching testimony is not
true, and that the witness has not u bad Fepua
tation for truth and veRAcity.
All Che Judges concurring.
A true copy.
Attest: WHIT THOMPSON,
[sEAIl Clerk.
The advocate., 1897-05-05

No. 457.
Daniel Abbott, plaintiff in error,
Vg.
The Board Of County Commissioners OF John.
SON County, VIM. G. Teas, Trustee Of Mis-.
sion Township In said county, and r., M.
Stanfl, Road 0veFseer Of Road District No.
- in said township, defendants In error.
Error from Johnson County District Court.
REVERSED.
SYLLABUS. By THE Court. WELLS, J..
1. Where viewers, appointed to view and To-
cate public highway, meet ae the time and
place designated, and without the presence Of
surveyor, chain carrier, or marker, giraply
mako tep0Rt that thOy 80 met and ~Prc.
ceeded 20 view the route OF the road p0ts.
The advocate., 1897-05-05

Kansas Court OF Appeals, Northern Depart
ment. Eastern Division.
No. 212.
John Watts, plaintiff In error,
vs..
J. w. Naylor, defendant In error.
Error from Shawnee County District Court.
REVERSED.
SYLLABUS. BY THE COURT. MCELRoY, J..
/. Appeal From Justice of the Peace-Trial
Docket.-On an appeal from 8 Justice Of the
Peace, such case should be put on the trial
docket as other cases before the commence
ment OF the term OF court. Where such ap.
peal Is put on the trial docket eighty. three
days after the commencement OF the term OF
court, and then dismissed for want Of prose-
cusion without notice to appellant, such dis.
nissal Is error
g. The irregulaTity in putting the case on
the trial docket after the commencement OF
che term OF court, would not affect the sub
stantial rights OF the appellant IL he had mo-
tlce OF such action.
8. Where case was irregularly put on the
trial docket and dismissed without notice,
Held, that the court on application Of the ap.
pellant, should have set aside che default and
reinstated the case for trial.
All the Judges concurring
true copy.
Attest: VIII. THOMPSON,
(sEALl Clerk.
The advocate., 1897-05-05
Kansas Court Of Appeals, Northern Depart
ment, Eastern Division.

Kansas Court Of Appeals, Northern Depart
ment, Eastern Division.
No. 9O0
George ". Williams, plaintiff In error,
John StOwell, defendant In error.
Error from Nemaha County District Court
AFFIRMED.
SYLLABUS. Blythe COURT. MCELROY, ].
l. Cause OF oRAction-Allegation Of Conversion.
The petition examined and held TO state
q cause OF action. The statement In petition
that said "W." unlawiully took said corn into
his possession and that plaintiff demanded
possession thereof, aud the defendant refused
and still refuses TO deliver the same TO the
plaintiff, but willfully, malict0usly, and un-
lawfully detained said property from the
plaintiff, held to be equivalent to an allega-
ttOn Of conversion.
3. Another Action Pending.-Was there an
other action pending between the parties for
the same cause Of action? The pleadings be-
low wholly fail to tender this Issue. The
party pleading must rely upon and be bound
by the case made by his pleRdings.
s. Mortgage Void.--Where chattel mort
gage covers large amount OF personal prop
erty and purports to be security for "a, ,225, and
the testimony shows that less than $A29.50 OF
acLual lndeDtedneeS eXlSG5 between tine par
ties, such mortgage is grossly excessive,
fraudulent, and void
4. Estoppel.-Where one by his words or
conduct causes another to believe the exist
ence of a certain state OF facts, and induces
him to act on that belief so as to alter his own
previous position, the former is precluded
from Gvefring against the latter q different
state OF things as existing. II is unnecessary
to an equitable estOppel that party should
design TO mislead; IL his words or conduct
RnIambnta1 N unfa10aA a oNkno1lv han
misIed another acting nDon Il in SooS fai.b S' "a
sufficient.
All the judges concurring.
A true copy.
Attest VIII. THOMPSON.
sEALl Clerk.
The advocate., 1897-05-05

Kansas Court Of Appeals, Northern Depart.
ment, Eastern Division.
No. 1Ol.
Lombard Investment Company, plaintiff In
error,
VB.
s. B. Barker, defendant In error.
Error from Wyandotts County District Court.
DISMISSED
SYLLABUS. BY TIRE COURT. WELLS, ].
Where an action Is brought 10 this court TO
review On alleged error In the court below In
fixing the priority OF liens, and IL appears that
since the institution these proceedings In
error the judgments secured by said liens
have been assigned so they are now all owned
by the same party, and the property has been
released from said liens, the proceedings In
error will be dismissed.
All the Judges cOncurring.
A true copy.
Attest: VIII THOMPSON,
[sEAL1 Clerk.
The advocate., 1897-05-05

Kansas Court Of Appeals, Northern Depart
mont Eastern Division.
No. 1856.
The City Of Topeka, plaintiff in error,
VS..
George w. bradshaw, defendant in error.
Error from Circuit Court OF Shawnee County.
AFFIRMED.
sYLLABUs. By THE CoURT. WELLS, J..
1. In an action against o city for damages
for negligenaIy allowing q ceilar-way 20 re-
main Opan I'm the sidewalk, wherein the plain.
tiR fell and broke his leg, &c Bas not error In
she court below 10 allow Che injured Limb t0
The advocate., 1897-05-05

The ADVOCATE will send a sample
copy IL you will send the address.
The advocate., 1897-05-05
Kansas Court Of Appeals, Northern Depart
ment, Eastern Division.
Jasper EDDIE, plaintiff in error,

Jasper EDDIE, plaintiff in error,
Va.
PAsh.pah-O, q minor, james Bartholomew, as
guardian Of Pash-pah.o, minor, and +. M.
Wilson, defendants in error.
Error from District Court Of Brown County.
REVERSED.
SYLLABUS. By THE COURT. WELLS, J.
1. Under the laws OF the state Of Kansas an
action for the partition OK real estate can be
joined with an action for the recovery Of the
rents and profits thereof
2. Under che second section Of chapter S97 Of
the acts OF the 10th Congress OF the United
States, entitled can act TO provide for the set
element Of the estate Of deceased Kickapoo
Indians In the State OF Kansas, and for other
purposes" approved August 4, 1885, lands pat.
ented by the United STATES TO q deceased al
lottee OF the Kickapoo Indians In Kansas
deseends TO the heirs Of said allOtt0e In Ac-
cordance with the line Of descent provided by
the laws OF the State Of Kansas.
8. Congress has the power to enact such q
law Ss the one In question.
All the Judges concurring.
A true copy.
Attest; VIII. THOMPSON,
lsEAL Clerk.
The advocate., 1897-05-05
Kansas Court Of Appeals, Northern Depart
ment, Eastern Division.

Kansas Court Of Appeals, Northern Depart
m0nt, Eastern Division.
No 100.
Peter Q. McGilVrsy, plaintiff in error,
vs..
Elias Moser, defendant In error.
Error from Brown County District Court.
AFFIRMED.
SYLLABUS BY THE Court. WELLS, ].
/. This court cannot say that the court be-
low committed reversible error In a matter In
which all the proceedings had In the court
below, 90 far as 10 relates TO the error COM
planned OF, does not appear In the case made.
All the Judges concurring.
A true copy.
Attest: VIII. THOMPSON,
LsEALl Clerk.
Kansas Court Of Appeals, Northern Depart.
ment, Eastern Division.
The advocate., 1897-05-05

| Where an action Is brought 20 this court 10
review an alleged error in the court below in
fixing the priority OF liens, and II appears thai
since the institution these proceedings In
error the judgments secured by said liens
have been assigned so they are now all owned
/ by the same party, and the property has been
released from said liens, the proceedings In
error will be dismissed.
All the Judges cOncurring.
Attest VIII. THOMPSON,
[sEALl Clerk
Kansas Court Of Appeals, Northern Depart.
ment, Eastern Division.
No. 175.
John Gibbins, plaintiff In error,
VS..
V. v. Adamson, Treasurer Of Jackson County,
Kansas, and r. B. Francis, Sheriff OF Jack.
SON County, Kansas, defendants In error.
Error from Jackson County District Court.
AFFIRMED.
SYLLABUS. BY THE COURT WELLS, ].
l. A debt due a resident OF Kansas evi-
gage on lands In this State 10 % q general
rule taxable ct the place OF residence OF the
owner.
g. Where the payee Of a note and mortgage
such as above described has transferred the
same by assignment and delivery TO q resident
OF another State as collateral security only,
said payee II still the real owner thereof, sub
ject to q contingency, and Is properly charge.
able with taxes thereon.
All the judges concuFring.
A true copy.
Attest w. a. THOMPSON,
[sEALl Clerk.
Kansas Court Of Appeals, Northern Depart
ment, Eastern Division.
No. 1s1.
Jesse N. Roach and Calvin Bushey, partners
90 Roach q Buahey, plaintiffs In error,
John H. Barry, Sheriff, &C, defendant in error.
Error from Atchison County District Court.
AFFIRMED.
SYLLABUS. BY THE CoURT. ~ WELLS, ].
1. In an action involving the bona Jides Of
transfer OF goods che party attacking the
good faith OF the transaction must show;
First, that the sale was made by the vendor
for fraudulent purpose, or, at least, would
have the effect Of aiding In such purpose.
Second, that the vendee knew Of such fraud.
ulent purpose, or had such notice as would
put reasonably prudent person upon such
inquiry as would have led to knowledge OF
che fraud. And any evidence legihmately
tending to show the existence OF these neces-
sary facts or either OF them 10 proper.
2. The record Of the evidence admitted and
rejected, and OF the instructions given and re.
fused, examined and found TO contain no re-
Verstble error.
All the Judges cOncurring.
true copy.
Attest: W.H. THOMPSON,
lsEALl Clerk.
Kansas Court OF Appeals, Northern Depart
ment, Eastern Division.
No. 1877.
Salathial Thompson, plaintiff In error,
VS..
W. D, Webb, defendant in error.
Error from District Court Of Brown County.
AFFIRMED.
SYLLABUS. BY THE COURT. WELLS, J.
/. The verdict Of jury will not be disturbed
approval Of the trial court, when there is any
evidence 10 sustain each material issue in
YOlved.
2. The record Of this case examined and
found TO contain no reversible error, eithsr In
the admission or rejection Of evidence, or in
the giving or refusing instructions.
All the judges concuFr1ng.
A true copy.
Attest: W.H. THOMPSON,
The advocate., 1897-05-05

Kansas Court OF Appeals, Northern Depart
ment Eastern Division.
The advocate., 1897-05-05

Kansas Court Of Appeals, Northern Depart
ment Eastern Division.
The advocate., 1897-05-05

Kansas Court Of Appeals, Northern Depart
ment,. Eastern Division.
No OtO
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1897-11-26

The civilized world VIII shudder In
sympathy with Spain IN view Of the as.
sasslnatlon of her distinguished states.
man and premier, Canovas del Castillo
lie died as Lincoln, GARFIELD and CarnOt
died. struck down without warning for
no fault. but as the penalty of holding
an exalted station which made him the
target Of crazy discomfort. Senior Can
oyas had served his country well, nc
cordlng 10 his lights. and his lights
were those OF a loyal Spaniard of the
latter half OF the nineteenth century.
For forty-odd years he had occupied n
seat In the cortes, and for the greater
part OF thirty years he had been at in
tervals a member OF the ministry. The
life and soul OF his party, he has been
It's unchallenged leader In late years in
or out OF power. II was his distinction
as minister OF finance and the colonies
in 1860 to draw up the law for the
abolition of the traffic Ia black slaves.
Another of his titles to fame was his
having been the first TO hoist the stand
ard OF legitimate aud constitutional
monarchy, and his fidelity and capacity
obtained for him the supreme direction
of the Alfonsist party His career Is
necked throughout with notable public
service. Nor Is his record that OF a
statesman alone As member of the
Royal Academy and OF the academies
of languages, history and the fine arts
he has been equally distinguished. He
was man OF great erudition and a fire.
quent and valued contributor TO the
periodicals Of the day. Writing history
and poetry has been his diversions.
| Much that CanOvas has said and done
has found no favor ON this side Of the
Atlantic. His point OF view was not
ours IL was not even the point OF view
OF the most advanced clvllizaton-but
II was that of his country His patriot.
ism was unquestioned even by those
who had reason to detcst the methods
by which ne stroye to maintain the ter
ri,orial integrity of the empire at IN,
expense OF colonies which had tired of
home ties and yearned for indepcnd
ence. The motive Of the assassin has
not been disclosed. Anarchist Is IN,
convenient word which Is fitted to h,'
name, and no doubt his dastardly dee,
was the fruit of anarlhlstlc teaching
An effort win no doubt he made I,
faSten the act upon the friends OF op
pressed and frenzled Cuba. We hop,
II will not be successful. Cuba's caus,
Is too just to be thus besmeared, and n,
real friend Of Cuba can contemplat,
the murder of Canovas with anythin,
but horror
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1897-11-26
OF TIE DAYS GONE BY.

Dreams, come home to my heart again,
With the memory OF the pastl
Come. with your pleasure aud your pain,
And your hopes too bright to lastl
Come from your hidden graves that lie
In the beautiful realms Of the days gone
by.
Come, from your glorious graves that lie
In the realms OF the days gone byi
| will welcome ye all again,
As once in the halls Of Ed,
Welcome the pleasure and the pain
For the beauty your brief lives heidi
Dreams, come out OF your secret graves.
In the woodland wilds. and the dim sea-
caves.
Dreams, come out OF your myriad graves,
In the wil1s and the dim sea-cayesl
Ye throng the halls OF my heart once
more,
With faces sad with pain!
Oh, faded ghosts Of the drains OF yore,
The joy comes not again.
Go back. TO your mournful graves that lie
In the shadowy realms Of the days gone
by
go backl to your voiceless graves that lie
In the realms OF the days gone by!
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1897-11-26
DOMESTIC LIFE

OTrsEKEEPING has its trials,
Fl no doubt; but systematic work,
L i and determination not to fret
over little things, will go far towaru
tightening them. Every woman shouiu
make it the aim and purpose OF her
life to attain perfection in her home
A day for mendlng, day for Washing,
another for ironing, for sewing ana
SO on. and at once the work becomes
simplified and less of hardship On
dear me, tomorrow is washing Day
How hate itr' This is a common say
ing, and there Is nothing very wrong
about It, for no one will assert that
washing is an agreeable pastime. Yet
II must be done. so It is worse than use
less to fret over It; as consequence
every sensible woman should deter
mine to look on the bright side OF the
washtub and soapsuds. Make Few
good rules and keep them. Determine
not to put the whole house In disorder
and to make everyone else miserable.
because the clothes must be washed,
the bread baked, etc. Suppose dinner
Is to be served ut certain hour. ana
dear husband forgets all about 1t and
arrives in the best of humor when ey-
erything is cold. Don't cry and scold'
but make the best of 1t. He will enjoy
his cold meat If hot words are moi
served with it. We all know women
who are constantly finding fault will
something or other, and who are new
err happy unless there is something &c
scold about But every such little wor
ry. every harsh word, every disagree
able look, makes life harder, and but
deepens the lines Of trouble about tho
eyes and mouth. There are plenty OF
real troubles to be met with, withou
allowing household cares to become ;
source of torment
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1897-11-26

A teaspoonful of aromatic syrup OF
rhubarb given every three hours is a
good remedy for hives in children.
Cinnamon bark Is said to be an ex-
cellent remedy for toothache. Let the
children chew the pleasant tasting
wood if they want 1t rather than re-
sort to the Injurious Glove oil or other
strong medicines to destroy the sensl-
bility of the teeth and the lining of the
stomach at one and the same time.
The baby In his second summer re-
quires more variety in food than his
bottle can supply, but the diet must be
carefully selected and simple. Watch
the effect of the new food offered and
choose the one proved best by the re-
suits. Broths with rice boiled in them;
rice -four Cruel and thoroughly cooked
meal; and then. occasionally, soft.
boiled egg or a little milk toast.
nursery table is an excellent sub
stitute for baby's dressing basket. Get
a well-made pine table, provided with
commodious drawer; paint it with
white enamel and cut down the legs SO
it will stand twelve or fifteen inches
from the floor. At this height it makes
safe support for the child's bath-tub;
If a chair is lowered in proportion
mamma or nurse may give the morn
ing bath seated. The drawer, which
will be divided into COMMITMENTS.
will hold brushes. sponges. powder,
soap and all tie necessary adjuncts to
/ babv's toilet
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1897-11-26

Until the year 1878 halrpins were
brought to this country from England
or France. There are now several
large factories in the United States
that turn out an article equal. If not
superior, to the best finished foreign
made pin. The trade is such large
one that it takes $4,000 packages, each
containing from twelve to twenty pins,
to supply the wholesale demand daily
in New York. The machinery used is
of a delicate and intricate character.
as the small prices at which the pins
are at present sold necessitate the most
rapid and cheapest process. The wire
Is made expressly for the purpose. and
is put up in large coils, which are plac-
ed on reels. The end of the wire Is put
into a clamp. which carries it to ma
chine while strengthening II. There II
is run through a machine which cuts
binds and. by a delicate and instanta.
neous process, sharpens the pins
These machines will turn out from 300
to $50 hairpins every minute. The
most difficult part of the work is the
enamehug. which is done by dipping
the pir in preparation and baking Il
in an oven. Here Is where the mos
constant attention is required as tn,
pin must be perfectly smooth and thu
enamel have faultless ? III. I'll,
slightest particles of dust cause i'm
projections and roughness.
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1897-11-26

Wooing and wedding in Alaska among
the natives are interesting and peculiar
rites. When young man is of a suit
able age to marry, his mother, his aunt
or his sister looks up wife for him.
He seldom marries woman younger
than himself; she is much older, and
sometimes is double his age, and even
more. She is selected from a family
whose position equals his or Is even
higher. When a suitable woman is
found the young man is asked how
The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1897-11-26

There has always been a great deal OF
romance concerning the sunken British
frigate Hussar, which went down In
the East River Off New York In 1880,
because the boat Is supposed 10 have
had large amount OF treasure on
board. There have been several com
panies formed Mt different times during
the century to raise the Hussar and Sc
cure the gold IN her hold A well
known lawyer Of that city has had a
contract with the government for the
recovery OF the treasure, but after max
Ing examination Of the British govern
mental records he Is convinced that
there Is no money concealed In the
wreck and that the legend that she was
treasure laden Is myth. lie has been
allowed to cancel his contract and am
other romance has been spoiled.