davidaulloa/AmericanStories huggingface dataset:
The evening times., 1897-08-31
FOR EXCHANGE.

FuR EXCHANGED Lots, ne. and sc. fOI
house, VIII assume some membranes.
Address >. A. this Office. aus item
The evening times., 1897-08-31

FOR SALE ST. 900 will bay farm; 165
acres; situated in Southern. Maryland
Address F. g. c.. this office. Item
The evening times., 1897-08-31
Mrs. DR.. REMNER,
NATIONAL DENTAL PARLORS
DR.. Ledthermdn,

EXPERT SPECIA LIST in the
cure OF all private diseases. HydrOcei6
V9Ticocele, Structure, Impotency, and
Syphilitic Diseases positively cured. Ad-
Vice ana Consuf; alton rec. Both Sexes.
hours, . to IL, = to 8; Tues, Thurs A., and
Sat. evenings, to 8. No. coz st. NV.
(CioSed Sunday.b Jel5-tf
The evening times., 1897-08-31
FoR SALE OR EXCHANGE.

rUK SALE OK ExCnANGE FOR dia-
niOnds. a beautlIurJOned square piano,
$3.50. cost $500. Address A DMf, this
ofrtce. au2S- Stem
The evening times., 1897-08-31
wANTED-HOUSEs.

WASTED--To rent, house with a few acres
uf land: conv enient to city. Address f..
O. NJ, this office. au31-3t
The evening times., 1897-08-31

NANTED-White girl for general house
work; German preferred. call at 1915
l. st. NV. auoI-Sl'eIh
The evening times., 1897-08-31
FOR SALE AND RENT.
REAL ESTATE BULLETIN,

THOMAS Il. WAGGAMAN, Y17 r ST. NV.
uNIMPkOvED PROPERTY FOR SALE
Per foot.
The evening times., 1897-08-31
POSTAGE STAMPS.


NANTED-For cash, all kinds OF old United
States postage and department stamps;
collections also bought. II. f. DUNK
HORST, 1905 7th st. NV. auS-tf
The evening times., 1897-08-31

FoR RENT-Fur., large rooms on I'd
floor, and also one large parlor suit
able for doctors office; good locality. 300
N st. NV. au2S-5t
The evening times., 1897-08-31
HELP wANTED-MAIE AND
FEMALE.

WANTED BY man and Wife, rlaCe on
farm or Ia king care of country place.refs,
FARM HAND, this office. au5l 81 M
The advocate., 1897-08-04

In THE KANSAS COURT OF APPEALS,
SOUTHERN DEPARTMENT, WESTERN DIVISION.
STATE or KANSAS, S.:
/, u. J. Westgate, Clerk OF the Kansas Court
OF Appeals, Southern Department, Western
foregoing are true, full and correct copies
OF the syllabI In the therein entitled causes, Ag
the originals thereof remain Of record in my
office.
Witness my hand and the seal Of said court,
affixed at my office In the city OF
[sEALl Garden City, this 9lst day OF July,
A. ID. 1897.
Il. ]. WESTGATE, Clerk Of said Court.
BY G. l.. GARBIGUBs, Deputy Clerk.
The advocate., 1897-08-04
Kansas Court OF Appeals, Southern Depart
ment, Central Division.

Kansas Court OF Appeals, Southern Depart
ment, Central Division.
No. 218.
Hiram F. Hatch, receiver of the American Ma
tionaI Bank Of Arkansas City, plaintiff in
error,
Ys.
S. G. Smith, defendant in error.
Error from Cowley County District Court.
REVERSED.
SYLLABUS.
A residence once shown to have been estab-
lshed Is presumed to continue until IL is
clearly shown to hsve been abandoned The
residence OF man having family, which he
maintains, Is prtmd fdcie where that family
dWells. mans acts and conduct are more to
be considered in determining the question of
. change OK residenceNhan any mere declara
tlon OF intent; and when the question Of resi-
dence or nonrssidence is doubtful, the ques-
tion should be so determined as will best
secure the rights OF creditors and others hav-
ing dealings with such party. Keith v. Stet-
ter, % Kas., 70.)
Opinion by Schoonover J.
The advocate., 1897-08-04

use Of the mill on the land described as well
as for the uss Of the city.
Opinion by Dennison, P. J.
The advocate., 1897-08-04

/
as for the use Of the city.
Opinion by Dennison, P J.
Kansas Court OF Appeals, Southern Depart
ment Central Division.
No. 500.
The State Of Kansas, plaintiff,
VS..
Ben WheldOn, defendant.
Error from Lyon County District Court.
AFFIRMED.
SYLLABUS.
Where the testimony fled with the informa-
tiOn fully discloses the fact that the OfIense Of
keeping common nuisance has been COM
mttted, 10 is not error for the court to sub
NIT to the jury evidence showing sales of In
| toxicating liquor other than the ones OF which
| the prosecuting witness had knowledge.
Opinion by schoonoyer, J.
Kansas Court Of Appeals, Southern Depart
ment, Central Division.
No. $50.
City of Emporia, plaintiff,
vs..
Il. W. Wagner, defendant
Error from Lyon County District Court.
AFFIRMED.
SYLLABUS
Where the power to regulate the riding OF
al oFwa 81 oINw NkaAf f,t 81.
passage Of vehicles is vested in municipal
councils of cities Of the second class by act OF
the Legislature, this court Will not say as q
matter OF law that an ordinance requiring
every person using bicycle TO ring an alarm
bell upon approaching any and ali crossings
or crOss-WRlks Is unreasonable.
Opinion by Schoonoyer, ].
Kansas Court Of Appeals, Southern Depart
ment, Central Division.
No. 6S5.
State Of Kansas, plaintiff,
vs..
A. j. Shelton, defendant.
Error from Cowley County District Court.
REVERSED.
SYLLABUS.
/. In determining the effect of improper
statements made by County Attorney in his
closing arguments to the jury, the strength OF
the testimony offered against the defendant
will be considered.
2. In this case, the strength Of the testimony
cons1dered Held, that the improper state
ments made by the County Attorney in his
closing argument to the jury may have deter.
mined the verdict.
Opinion by Schoonover, J.
The advocate., 1897-08-04

waived, and the absent party has the right 60
presume that the deposition will be tafsn in
strict conformity with the statute.
B. The evidence contained in the depoBition
examined Held, that the admission on the
Of the defendant
All the Judges concurring.
Opinion fled July 40, 1897.
true copy,
Attest; E.J. WESTGATE,
SEAL Clerk.
by G. l.. GARRIGUEs, Deputy Clerk.
The advocate., 1897-08-04
STATE OF KANSAS. ss.

STATE OF KANSAS, ss.
!, w. A. Ayres, Clerk of the Kansas Court
Of Appeals, Southern Department, Central
Division, do hereby certify that the above
and foregoing is full, true and complete copy
OF the syllabt Of the court, handed down at
Wichita, Kansas, ON the 2lst day OF July,
1897, and filed in this Office on that date
Given under my hand and the seal of this
rsvr1 court, the 9th day Of July, A. d.
1897 w. A. AYRES,
Clerk Kansas Court OF Appeals, Southern
Department, Central Division.
The advocate., 1897-08-04
Kansas Court Of Appeals, Southern Depart
ment, Western Division.

Kansas Court Of Appeals, Southern Depart
ment, Western Division.
No. 40.
ST. Louis e San Francisco Railway Company
plaintiff in error,
vs..
E. f. Blakely, defendant in error.
Error from Rice County.
REVERSED.
SYLLABUS. BY THE CoURT. DENNIsoN, P. ].
/. A case will not be dismissed from this
court because Of an immaterial clerical error
in the. certificate Of the Judge to the case
made.
2. The motion for a new trial In this case
was filed in time.
3. Where the court permits the introduction
OF incompetent testimony and then instructs
the jury that they must not consider iG, and
where there IS an abundance of uncoutra-
dicted and competent evidence 10 prove the
fact which such incompetent evidence tends
10 establish: Held, no reversible error was
committed.
4. II railway company shows by undis-
puted evidence that IL has taken every posi-.
pie precautton 20 prevent the escape Of fire
from Its engine, and the jury knows Of moth
Ing left undone by said company which would
have prevented che lre, the jury should find
Tor the company on the question OF negligence.
All the Judges concurring.
Opinion filed July 20, 1897.
true copy.
Attest: E. J. WEsTGATE,
lsEALl Clerk.
By G. L. GARRIGUEs, Deputy Clerk.
The advocate., 1897-08-04

Write for samples and clubbing
rates, and get up a list In your locality
for the ADVOCATE.
The advocate., 1897-08-04
SYLLABUS.
3. BY THE Court. scHooNovER,

1. In the absence Of any showing OF prsju.
dice. notice to take dispositions that desig.
mates the place as "At the Office of X. J.. Nc.
Dougal in the city Of Marysville, In the county
OF -, In the State Of Missouri" will be held
sufficient.
2. "0ur statute requires the certificate Of an
officer before whom o deposition has been
taken to show that the deponent was first
sworn to testify the truth, the whole truth
and nothing but the truth! A certificate by
such officer which shows that the depOnents
were sworn to testify the whole truth OF their
knowledge touching the matter In contFo.
versy' is defective, and IL Is error TO Overrule
motion to suppress such deposition, alleg-
ing such defect as ground therefor" West
ern Union Telegraph Company v. Ira y. Col.
Inns, As Kas. 8S.)
8. A certificate Of notary annexed to a dep
osition stating that the witness was exam
ined and his examination reduced TO writing
and subscribed by him in my presence" Is
not substantial compliance with the statute
requiring that the certificate must show "that
the deposition was reduced to writing by
some proper person, naming him"
4. Where deposition Is taken In the alb
sence Of the opposing party, nothing 10
The advocate., 1897-08-04
Kansas Court Of Appeals, Southern Depart
ment, Central Division.
Opinion by schoonover, J.

Kansas Court Of Appeals, Southern Depart.
ment, Central Division.
No. 557.
The Keystone Iron Works Company. plain.
tiff in error
VS..
Alma Wilkie, defendant in error.
Error from Butler County.
AFFIRMED.
SYLLABUS.
l. Where demurrer to the evidence of the
plaintiff Is improperly sustained, the error
cannot be cured by the evidence which NAV
be given by the defendant under paragraph
4261 OF the general statutes Of 1882
q The plaintiff is entitled to have conflict
Ing evidence submitted to the jury.
.. where the pleadings, Judgment order Of
confirmation and Sheriffs deed limit the de.
scrption OF the property conveyed by said
deed to tract of land and the buildings, ma.
ehineTy, appurtenances and fixtures situated
thereon, the purchaser cannot claim under
such SheritPs deed the boilers, pumps. pines
aud other machinery located upon the land of
strangers, and used in supplying water for the
The advocate., 1897-08-04

1. .Anotice for an order Of revivor in an action
In the Court Of Appeals may be served upon
the adverse party or his attorney OF record by
delivering q copy OF the notice to either Of
them personally, or by leaving such copy at
the usual place OF residence Of either OF them,
or by securing an acknowledgment Of service
from either Of them or such party or his at
toEney may waive, In writing, the issuing or
service Of the notice.
2. Ten days is all the notice required to be
given OF an application for an order Of revivor
in the Court OF Appeals.
3. There is no necessity Of, or provision for,
an amended petition to show the authority OF
the parties brought into this court by reYivOr.
The way to raise this question in this court is
upon the hearing OF the application for the
order Of reyivOr, or upon motion to dismiss.
4. The administrator or executor OF de-
ceased person is the proper party to maintain
an action for damages which accrue to the
real estate OF the deceased during his lifetime.
5. Where the evidence of the plaintiff tends
to show his right to recover and is sufficient
to sustain judgment except for the conflict
Ing evidence OF the defendant, 1t Is error for
the court to direct the jury to return verdict
for the defendant.
The opinion was delivered by Dennison, P. J.
The advocate., 1897-08-04

! /. Where o case is submitted to the trial
court upon an agreed statement OF facts q
motion for new trial is unnecessary, and
the court does not err In overruling such mo-
! tiOn
2. When the parties to an action agree to
admit all the facts upon which they desire to
! have the case submitted TO the court, they
have agreed upon what tho facts in the case
are, and when such facts are communicated
| to the court for the purpose OF having IL draw
conclusions Of law therefrom and TO render
judgment thereon, they become an agreed
| statement OF facts.
! 8. The case Of Beck vs.. Baden, 3 Kan. App.
| 157, followed as to the requirements Of petit
tion in error
All the Judges conCurring.
Opinion filed July 20, 1897
A true copy.
Attest, ~, j. WESTGATE,
(sEALl Clerk.
BY &. T.. GARRGGUEs, Deputy Clerk
+ Kansas Court of Appeals, Southern Depart
ment, Western Division.
No. 40.
The Comstock Castle Stove Company, plain.
tiff In error
Vg.
S. Gallsnd, defendant In error
ErFOr from tOru county.
AFFIRMED
SYLLABUS. BY THE COURT. sCHooNovER, J..
Where an action Is commenced upon q prom
issory note, an answer fled stating q good de.
fense, to which the plaintiff files reply and
thereafter falls to appear on the trial, 1t Is not
error for the trial court TO permit the defend
ant to proceed to trial upon the issues joined
All the Judges concurring
Opinion fled July 20, 1897
true copy.
Attest: L. J. WESTGATE,
SEAL Clerk.
BY &. L. GARRIGUEs, Deputy Clerk
Kansas Court Of Appeals, Southern Depart
ment, Western Division.
No. 120
Atchlson, Topeka & Santa Fe Railroad Com
pany, plaintiff In error,
vs..
p. A. Pearson, defendant In error
Error from Edwards County.
REVERSED.
Gvtr.pus DIV nun roupm aouooyoypu r
The advocate., 1897-08-04

The Cincinnati Weekly Enquirer and
the ADVOCATE one year for $40.
The advocate., 1897-08-04

Kansas Court OF Appeals, Southern Depart
ment, Central Division.
No. 1917.
John w. Hanlen, as administrator Of the es-
tate OF John Ireton, deceased, plaintih in
error.
Vs.
J. P. Baden, defendant in error.
Error from Cowley County.
REVERSED.
SYLLARUs
The advocate., 1897-08-04

Kansas Court of Appeals, Southern Depart
ment Central Division.
No. 2O6.
Elmendaro Township, Lyon County, plaintiff
in error,
VS..
The Kansas Bridge & Iron Company, defend
ant in error.
Error from Lyon County District Court.
AFFIRMED.
SYLLABUS,
township board may join with a county,
township or private citizen whenever the
available means at their disposal will permit,
and the improvements to be made are practi-
cable, and contribute towards the building of
permanent roads and bridges within, or on
the line, Of their respective townships; and,
for this purpose, o warrant is issued by the
township board at a regular meeting, payable
when the improvements are completed, will
be held valid and binding on the township
when presented for payment after the i'm.
proVements have been completed and ac-
Cepted,
Opinion by Schoonover, J.
The advocate., 1897-08-04

BY G. L. GARRIaUEs, Deputy Clerk.
Kansas Court OF Appeals. Southern Depart.
ment Western Division.
No. IA.
The Comstock Castle Stove Company. plain.
tin In error,
VS..
3. Galland, defendant In error
Error from Ford County.
AFFIRMED.
SYLLABUS. BY THE COURT sCHooNovER, J.
A new trial will not be granted where khe
alleged newly discovered evidence was ia the
possession OF the party applying at che time
the Issues were made mp and at the time OF
trial. IL must be shown that the existence OF
such evidence came 20 the knowledge OF the
party applying after the trial, that i6 Is mate
rial, that the party applying has been dillg0ns
IL must further appear to Che court that X o
new trial should be granted, different iudg.
ment would probably be granted.
All the Judges concurring.
Opinion filed July 29 1897
true copy.
Attest; E. J. WEsTGATE,
SEAL Clerk.
BY 6. L. GARRIGUEs, Deputy Clerk.
The advocate., 1897-08-04
Error from Finney County.
AFFIRMED.
SYLLABUS.

/. Where a Justice OF the Peace renders a
judgment against the defendant and makes
an order requiring the gaFnishee to pay GER
tain money into court, such Judgment and
order cannot be attacked by the judgment
debtor in a collateral proceeding although the
property in controversy may be exempt
OF the Peace to vaCate and discharge proceed
ings In garnishment after final Judgment, and
said motion is overruled, said ruling by the
Justice is final order, and may be taken to
the District Court on error" &C. II. Carlyle
V. John II. Smith, 36 Kans. 6l4)
All the Judges concurring.
Opinion fled July 20, 1897
true copy.
Attest: L, WESTGATE,
lsEALl Clerk.
By q. l.. GARRIGUEs, Deputy Clerk
The advocate., 1897-08-04
Kansas Court Of Appeals. Southern Depart.
ment, Western Division.
No.115.

Simpson W. Day, plaintiff in error,
VS..
The First National Bank Of Garden City, Kan
sas, corporation, defendant In error.
Error from Finney County.
AmnInArrn
The advocate., 1897-08-04
Kansas Court Of Appeals Southern Depart.
ment, Western Division.

Kansas Court Of Appeals, Southern Depart.
ment, Western Division.
No. 2l4.
VIM. Dodson, plaintiff In error,
G. L. Wlghtmsn, The Bank OF Tribune, and
the State OF Kansas, defendants In error.
Error from Greeley County.
REVERSED.
SYLLABUS. BY THE COURT. MILToN, J.
/. Under section 1877 OF the code, an attach.
ment levy on personal property IL sufficient
and valid IL the officer with the order OF at
tachment In hand goes to the place where the
goods and chattels OF the defendant are found
and there declares by virtue Of said order that
he attaches such property at the suit Of the
plalntlH ana thereupon takes such possession
as divests the defendants possession, and
gives TO the officer claim of dominion,
coupled with the power 10 exercise 10, over the
attached property.
2. 1t is not essential to the validity OF an az.
tachment levy 80 executed that an appFAise.
ment OF the attached property should be i'm.
mediately made
3. Under chapter i8, laws OF 1891, it was nee.
essary for the Bank Commissioner to take
actual personal possession OF the property and
assets OF On insolvent bank as condition
precedent TO the institution OF an action by
the Attorney General for the appointment OF
receiver for such bank, and the property OF
an insolYent bank prior to the taking OF such
actual possession by the Commissioner was
subject TO seizure by attachment or other la-
gel process st the suit Of It's creditors.
4. An attachment levy should not be held
wholly invalid because OF the fact that the Cd.
pratsement includes certain chattels which
the ohicer and the appraisers have not seen
ana cannot see because the same are locked
in bank safe OF which they do not know che
combination.
All the Judges concurring.
Opinion fled July 90, 1897.
Grue copy.
Attest L. J. WEsTGATE,
[sEALl Clerk,
BY G. l.. GARRIGUEs, Deputy Clerk.
The advocate., 1897-08-04

Kansas Court OF Appeals. Southern Depart
ment, Western Division.
The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1897-08-27
LIFE IN A CONVICT COLONY.
Island of New Caledonia Is a Delight
full Place.

Island of New Caledonia Is a Delight
full Place.
"The island of New Caledonia, where
( have lived for the past 10 years, is a
French penal colony" said G. G. Free
man, an English gentleman, to a Wash
ington Post reporter. Il went there Tor
my health, expecting to stay only a
short time, but went into the business
Of raising coffee, for which that cOun-
try is well adapted, and finally con-
cluded to stay permanently. New Cal
edonia is 1900 miles east of Australia,
and, although within the tropics, has
a delightful climate for 10 months in
the year. During January and Febru-
airy the weather is so excessively hot
that one can not live in comfort. 1t
is 40 miles wide by 400 long. There
are between 5000 and 5000 convicts on
the island, and perhaps an equal num-
Der Of ticket-Of-leave men-that is,
men who nave served out their terms
OF Imprisonment, but who are forbid
den to leave, and have to report to
the authorities twice a year. They are
q ilo DlC oplllIlCSS lOl. llCoC
of-leave fellows, who work just enough
to keep from starvation, and whose
highest ambition is to get money
enough for a debauch. The %convicts
are treated very humanely by the
French officials and | doubt if there is
a penal settlement in the world where
the men have the same care and consid-
Grafton shown them. The coffee plan
tatlOns are worked largely by negroes
who come from the New Hebrides I'M
der contract to stay two Or three years,
the local labor being very unreliable.
The pay Of the laborers is 81 per month
and r%ations, rice being the principal
article Of food. This cheapness of la
Dor is the explanation of the profit in
~cultivating coffee. If we had to pay
the wages current in the United States
there would be no money in it's pro-
GuctiOn. We export to France and are
allowed a rebate of one-half of the
entry duties, which is a considerable
bonus. There are a few Englishmen
in New Caledonia, but DO Americans,
J believe, outside Of the consul. The
French are very jealous Of foreignerz
and discourage all outsiders from com.
ing there"
The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1897-08-27

as Ne world lasts
":Esn't that the substance of it? Isn't
that what the platform says when it
declares that we must maintain the
gold standard until they join with us?
It is giving them notice in advance
that we will stand in with them if
they refuse to listen to our petition"
It would, we know, be a positive
advantage to our and BUSH:
ness for the gold, standard nations to
keep on that basis, if the United States
had free coinage of silver; for so long
as they did so, this country would cap
ture the commerce with all silver
standard nations, seeing they could
buy our manufactures, etc, with silver,
but would have to pay the premium on
gold in dealing with Europe. Follow
ing is another brief extract. which
contains a volume Of truths:
"a land of landlord and tenant, my
friends, is not the land in which a
free government grows. A land of
home owners is the land where such
a government grows and prospers. I
want you to study conditions and then
try to find the cause, because every bad
condition has it's cause. Do not lay it
to the Almighty. Do not say it is un-
fortunate. 1t is not his fault. 1t is
not misfortune. 1t is vicious legisla-
ton that has done more than anything
| else to make the last twenty years a
period in which wealth accumulated
in the hands of the few with more
rapidity than EVER before in the his
tory Of the world"
Bryan's reception from all classes,
regardless of politics, was hearty and
enthusiastic. and his speeches were
| splendidly reported by the Examiner.