davidaulloa/AmericanStories huggingface dataset:
The advocate., 1897-09-29
Kansas Court Of Appeals, Southern Department,
Eastern Division.

Kansas Court OF Appeals, Southern Department,
Eastern Division.
No. 100.
The Atchison, Topeka & Santa Fe Railroad Com
pany, plaintiff in error,
s.B.H Hamilton, defendant In error
Error from Anderson District Court.
AFFIRMED.
SYLLABUS. BY THE CoURT. MILTON, J.
/. The case Of Railway Company v. Lyoan, 50
Kan. 6S6 followed as TO proof Of value OF orchard
trees destroyed by Are resulting from negli'
genCe Of railroad company.
2. No material errors in the admission and ex-
cluston Of testimony appear In the record.
8. The verdict being based on conflicting eyl.
dence, and having been approved by the trial
court, will not be disturbed.
All the Judges COncurring.
Attest; ''p'' w.O.oHAMPE,
[sEALl Clerk.
BY Z. l.. EATON. Deputy.
Kansas Court Of Appeals, Southern Department,
Eastern Division.
No. 9O6.
L. @. Gilmore, plaintiff in error,
John A, Gilmore and E. E. Gilmore, administra-
tors OF Il. Gilmore, deceased, defendants In
error
Error from Miami District Court.
AFFIRMED.
SYLLABUS. BY THE CoURT. sCHoONovnR, J..
/. In Determining che correctness OF instruc.
tions all must be considered together, and II
they state the law correctly, the fact that some
particular instruction or part OF an instruction
10 incomplete or inaccurate is not ground for
reversal.
g. Where Il appears from the record that q
case has been fairly tried, and che verdict Is
sustained by the greater weight OF evidence, 1t
WALL not be set aside because OF the improper
giving or refusal OF instructions not affecting
the pFeponderance Of the evidence.
All the Judges Concurring.
Attest: W. o. CHAMPE,
TsRALl Clerk,
BYE. l.. EATON, Deputy.
Kansas Court OF Appeals, Southern Department,
Eastern Division.
No. sos.
l.. @. Gilmore, plaintiff in error,
We.
John A, Gilmore and 4. K. Gilmore, admins
traitors OF Il. Gilmore, deceased, defendants In
error.
Error from Miami District Court.
AFFIRMED.
SYLLABUS. BY TIM CouRT. SCRooNovRR, ].
1. In trial by jury it is the duty Of the court
10 INSTRUCT the Jury on questions OF law which
Nc deems applicable 10 the case as made by the
The advocate., 1897-09-29

pleadinga and evidence. douglas vs.. GoIIer, 50
Kss. 1927
2. The instructions complained Of, set forth :
Held, 10 be applicable 10 the case as MADE Dy
the pleadings and evidence.
8. The evidence examined: Held, TO be SUN.
Client TO support tho instructions.
4. Whore there is evidence tending to prove
the facts found by the jury, their findings are
conclusive In this court.
S. The special findings Of fact set forth: Held,
to be consistent with the general verdict.
All the Judges concurring.
A true copy. .v.,,r,
Attest: W. U CHAMRE,
IsEGLl Clerk.
By e. L. EATON, Deputy.
Kansas Court Of Appeals, Southern Department,
Eastern Division.
No. 2O7.
L. G. Gilmore and The National Bank Of Paola,
PLAINTIFF In error,
John A. Gilmore and r.. E. Gilmore, admins
traitors Of T.. Gilmore, deceased, defendants In
error.
Error from Miami District Court.
AFFIRMED.
SYLLABUS. BY THE COURT sCHooNovER, ].
Where the evidence is conflicting and the jury
returns general verdict, which is supported Dy
competent evidence, and approved by the trial
court, IL will not be SGT aside by this court Tor
tnsufiCiency OF evidence.
All the Judges concurring.
tWVfn
Attest: ''f'' W.O. CHAMPE,
rsEALl Clerk.
BYE. L. EATON, Deputy.
Kansas Court OF Appeals, Southern Department,
Eastern Division.
No. 21O.
R. G. Gresham, OF al, plaintiffs in error,
vs..
Ella M. owen, defendant In error.
Error from Montgomery District Court.
AFFIRMED.
SYLLABUS. BY THE COURT. MILTON, ].
Where, in q suit to recover damages for q
breach OF q re.delivory bond given In repleVln
action, 1t appeared that one OF the PLAINTIFF In
error, the principal Of the bond, had appealed
from o Judgment OF the Justice OF the Peace
which awarded 10 defendant in error return
OF the property and damages for Its detention,
and that at the request Of the appellant the ap'
peal was dismissed aG his cost, and that he
afterwards paid the damages thus awarded, bus
wrongiully kept the property: Held, that such
acts work an estoppel to contest anything done
In the replevin action.
ALI the Judges concurring
Attest: F' w.O. CHAMPE,
[sRALl Clerk.
BY E. L. EATON, Deputy.
Kansas Court OF Appeals, Southern Department
Eastern Division.
No. 4O9
Ed Grant, appellant,
vs..
The City OF Fontana, appellee.
Appeal from Miami District Court.
REVERSED.
SYLLABUS BY THE COURT. MILTON, J..
An ordinance of city OF the third class which
provides as follows;
"An ordinance prohibiting the sale Of hop tea
and other liquors containing alcohol in insutil-
Cient quantities to intoxlc&te and commonly
used IS beverage
"Sectlon /. 1t shall be unlawful for any per-
son, within the corporate limits OF the city OF
| FontAna, Kansas, 10 sell or barter hop tea hop
tonic, hop tea tonic, or any other liquors con-
tanning alcohol in insufficient quantities TO in
The advocate., 1897-09-29
ADVOCATE CLUBBING LIST.
A Chance to Make and Save Money in
the Purchase Of Literature.

Any Of the following publications will
be sent in connection with the AdvO-
cate for the price named for one year:
Reg With
Name of Publication. ular AdVO-
Price cate.
Farm. Field and Fireside, a 2to4O
The advocate., 1897-09-29

VS..
Ellen Dearborn, defendant in error.
Error from Rice County
SYLLABUS. BY THE COURT. MILTON, j.
Where In an action by the purchaser TO re.
cover the consideration paid under written
contract for the conveyance OF real property on
or before date therein named, defendants an
sWer admits the contract and the performance
Of its conditions by plaintiff, and AYERS per-
foFmanCe on defendants part some months
after the date fixed in the contract but shows
that the land was sold by the Sheriff to plain
tifPs husband, by mistake on the part OF the de-
fendSnt, under proceedings in foreclosure OF o
mortgage owned by the defendant, and through
which he was to obtain title TO the land and
8fterward convey IL to plAintih, and that on the
day Of the sale the land was levied on 20 satisfy
q judgment against plaintiff and her husband,
the abstract OF which was that day filed In the
office Of the Clerk OF the District eourt; and
where the said answer falls TO plead waiver Dy
plaiMGih OF the conditions OF che contract:
Held, that demurrer ON the ground that 1t
failed to state facts sufficient TO constitute
cause Of defense was properly sustained
All the Judges conCurring.
Attest. ''r' Ell. wEsTGATE,
IsEALl Clerk.
Kansas Court OF Appeals, Southern Department,
Western Division.
No.1B8.
s. Gano, plaintiff in error,
Vs.
+. r. Prindle, defendant in error.
Error from Barton County.
SYLLABUS. By THE COURT. DENNIsoN, P. j.
/. A tenant for the term OF one year cannot
assign or transfer to another, any interest under
his lease without the assent Of his landlord.
q. In the absence OF any evidence to sustain q
verdict IL ls the duty OF the court TO set IL aside
and grant new trial.
All the Judges concurrlng.
Attest: Ell. wEsTGATE,
lsEALl ClerK'
The advocate., 1897-09-29

page weekly farm and family
journal, the best OF its class. .S1.0O $3.50
Western Rural (agricultura). LOO SLIGO
Kansas Farmer .,............,... LOO 150
Breeders Gazette ................ 200 $50
Cincinnati Enquirer (weekly). rs lao
Weekly Journal, Topeka ....... so 1.40
Youths Companion .........,.... LIS ESQ
Woman's Home Companion -. so 100
The American CWharton Bark
er's paper), Philadelphia
(Weekly) ....................... 200 1.SO
NOnconformist Indianapolis -. 100 165
Silver Knight, Washington. LOO 150
Chicago Express ............... so LAO
Missouri World, Chillicothe... so L35
New Time (maga2ine) B. o.
Flower and F. U. Adams,
Editors ...,..,......,.,......s... 100 I5O
Arena, Boston (magazine) ..... 300 $50
Popular Science .....,............ zoo 2.4O
The advocate., 1897-09-29
Published September 20, 1871
Court SyIIabi.
Kansas Court Of Appeals, Southern Department,
Eastern Division.

Kansas Court Of Appeals, Southern Department.,
Eastern Division.
No. 175
D. c. williamson, plaintiff in error,
The Kansas & Texas Coal Company, defendant
in error.
Error from Crawford District Court.
AFFIRMED.
SYLLABUS. BY THE Court. MILTON, j.
/. Proceedings in error may be taken from a
ruling Of the trial court sustaining demurrer
20 the petition on the ground that 10 did not
state facts sufficient 10 constitute cause OF ac-
ti0n, Notwithstanding the fact that the record
fails TO- show that final Judgment ior costs was
entered.
q A petition In an action for damages for the
unlawful taking by attachment OF certain chat
tels OF plaintiff, alleged that plaintiff was res
ident OF the State Of Kansas, and defendant
corporation organized under the laws OF the
State OF Missouri; that the property was taken
In an action brought In the State OF Arkansas,
where the plainuR was temporarily stay
Ing, for @ debt contracted wholly IN kansas,
where the defendant was conducting
was exempt In Kansas, but not exempt
whore seized; that plaintiff notified de-
f8ndant OF the time CT the levy, and also the
Sheriff who made the levy, that he claimed the
property as his exempt property, and that he
did not inteFpOse any defense whatever IN the
attachment action, allowing IL to proceed TO
judgment, and the attached property TO % scld
without any further protest or ehort on his part:
Held, that demurrer to the petition was prop
0Fly sustained.
All the Judges concurFIng.
A true copy. ...,
Attest: W. D. CHAMPE,
IsEAL1 Clerk.
By X. L. EATON, Deputy.
The advocate., 1897-09-29

PatrOnize the Advocate advertisers.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-10-30
BABVs SMOOTH, FAIR SKIN
A Grateful Mother Writes this Letter

A Grateful Mother Writes this Letter
Tells all about Her Troubles when
Baby Droko out with Scr5fuIa Sores.
cat the age of two months, my baby
began to have sores break out on his right
cheek. We used all the external op-
plications that VIC could think or hear of,
to no avail. The sores spread all over one
side of his face. We consulted a physi-
clan and tried his medicine, and in a week
the sore was gone. But to my surprise in
two weeks more another scrofulous look
ing sore appeared on baby's arm. 1t
grew worse and worse, and when he was
three months old, / began giving him
Hoods Sarsaparilla, ! also took Hoods
SaraaparilIa, and before the first bottle
was finished, the sores were well and have
never returned. He is now four years old,
but he has never had any sign of those
scrofulous sores since he was cured by
Hoods Sarsaparilla, for which 1 feel very
grateful. My boy owes his good health
and smooth, fair skin to this great med
icine." MRS. S. S. WRoTEN, Farming
ton, Delaware. Get only Hoods
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-10-30
THE FASHIONABLE COLOR.

The prevailing fashion ths winter is for
black dresses and Jackets, and this is a
blessing to the woman who wishes to look
we'll but has not the money 60 buy new
clothing Even an inexperienced person
can. by using the Diamond Dye fast blacks,
color their old clothes black that will not
crock, fade or wash out. There are three
special Diamond Dye fast blacks for wool,
for cotton and mixed goods, aud for silk and
feathers, and if the proper dye is used, any
woman can get better results than the ex-
perienced dyer could few years ago.
Unlike some of the cheap limitations Of
Diamond Dyes, these dyes come in almost
every conceivable color, so that the woman
who wishes any special color can get it in
the Diamond Dyes. Practical tests prove
that the fast Diamond Dyes are the only
| dyestutfs that make colors which soap will
not wash out nor sunlight fade
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-10-30
SOLDIERS MONUMENT.
The Meeting Held Last Evening shows
Progress and encouragement.

The Meeting Held Last Evening shows
Progress and Encouragement.
Another meeting for the erection Of a
soldiers monument was held in Refowich's
hall last evening. Chairman David Morgan
found a large number of the members of the
association in attendance
Mr.. Morgan, Of the Finance committee,
stated that he had received some donations
since the last meeting. He also stated that
the soliciting of subscriptions had been aban-
doned until a site for the monument had
been selected. His report was a very en-
counging one and also included the glad
news that he was approached by several citi-
zens with the remark that the Finance com
mittee could collect the amount subscribed
by them at any time.
Hon NJ. C. Watson, a member Of the site
committee stated that they we're progressing
slowly, on account of the delay caused by
the committee of the Odd Fellows, and could
furnish no definite information before Mon.
day. He says he was in receipt Of letter
from Rev. II. +. O'Reilly, who speaks very
earnestly in favor of the project and urges
its completion
The next meeting will be held on Friday,
November 18th, when it is expected that still
more encouraging developments will be re-
yealed
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-10-30
I5Tfs:::'5s:s115 s5.:::.:. IL

"supt. ] W. Cooper is in Philadelphia on
business
Mrs Sheehy was transacting business at
New Philadelphia to-day.
Misses Ida Nader and Hattie Major are
visiting friends at Mahanoy City
Miss Maggie Palmer, one of our accom-
plished school teachers spent to-day with
friendsat Pottsyille
Miss Matte Jones, Of Lost Creek, is
spending several days in Mauch Chunk, as
the guest of hor friend.
A. T. Dice, superintendent of the Maha.
noy division Of the p. & r. Railway. was a
visitor to town to-day.
Frank Conry and John Stack went to
Kutztown to-day to see the foot ball team Of
the Normal school of that place play game
Both young men are graduates of the school
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-10-30
MAHANOY CITY.

The foundation walls for the new large
hoisting engine house at the ST. Nicholas col
liery were started yesterday
Tomorrow will be a day of unusual in
terest in two Of the churches of town. The
sesqui-centennial of the Reformed church in
America will be celebrated i'm St. Paul's Re
formed church and at the Methodist Epis-
copal church the 33rd anniversary of the
founding Of Methodism in Mahanoy City
will be celebrated. Rev. c. Lee Gaul, of
Philadelphia, will preach in the morning
DR.. F. E. Wertman last evening received
a message announcing the death of his
mother at West Penn.
Matthew Kelly, miner employed at the
Tunnel Ridge colliery, had his right foot
mashed by a lump of coal falling from a car
he was loading.
Annie Schwartz, 10 years old, sustained a
fracture Of the right forearm while at play
yesterday.
The committee of the eisteddfod to be held
here on Thanksgiving Day has received en-
tries from seven bands, three mixed choirs
and seven male parties. The esteddfod
promises to be the most successful ever held
in this region.
The sale of teachers tickets for the county
institute took place this morning and the sale
of citizens tickets opened this afternoon
This IAOrnings sale was large
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-10-30
THE BOARD OF HEALTH.
A Routine Program at tile Regular
Monthly Meeting.

Monthly Meeting.
A regular monthly meeting Of the Board Of
Health was held last evening with AN atten-
dance of four or five members. Messrs. Hol-
man, Malone, Schmidt and Morrison were
present and in the absence of the president,
Mr. Holman was made chairman.
The business was of routine character
and aside from the reading of and action on
reports nothing was done except
to put the Board on record in connection
with the ferilizing establishment
which is being placed on foot. II appears
that the secretary Of the Board wrote to
the State Board of Health for information
concerning the government Of fertilizing
plants and he received a letter in reply to
the effect that such establishments come
within the jurisdiction of the local Board of
Health and that il is the duty of the Board
to notify the operators that they cannot be-
| gin work until they have furnished the
Board with exact specifications of the entire
plant, and license must be procured from
| the Board before operations are started
In accordance with these instructions the
| Health Officer was instructed to call upon
the parties having the project in hand and
inform them of the State Board decision as
well as the rules Of the local Board. During
the discussion it was stated that there was
no intention to balk the project, but the
Board would insist upon being consulted in
the matter. The plant referred to is bone
boiling and fertilzing establishment which
/ Messrs. William Niswender and John M,
Schaeffer are about to establish.
These gentlemen, when questioned in
reference to the matter, stated that they in
tend to comply with all regulations of the
| State Board, and will conduct their establish
ment in a manner that will cause no one any
| inconvenience. They further stated their
/ plant is of the latest improved, and similar
one is now in operation in the city of
| Scranton.
The report of the neurology committee
showed that during the month ending last
evening there were 33 deaths and still
births During the same month 46 burial
| permits were issued IL being designated as
residents. There were 20 cases of com
municable diseases, s diphtheria, 8 diphtherc-
tic Group, scarlet fever and 1 typhoid
| fever
The Health Officer read his monthly re
port, showing that he had visited several
places and abated nuisances of which com
plant had been made.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-10-30

Rev. William H. Hyatt, of Coaldale, will
preach in the Welsh Congregational church
tomorrow morning and evening. Both
services will be in English. Sunday school
ut 2 p. m.
Rev. Alfred Heebner breaches in the NJ, E,
church tomorrow morning and evening.
Morning subject The Heart Desire for
Rest. How to Secure it," Evening subject,
The Result of the Open Confession of Saw
ing Faith" Polite ushers in attendance at
these services. Seats are free. Everybody
welcome
Holy communion will be celebrated at the
morning and evening services in the Trinity
Reformed church tomorrow, Rev. Robert
| O'Boyle, the pastor, officiating.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-10-30

Considerable excitement was caused at
Mahanoy Plane last night during ball at
Boylan's hall, held by the Mahanoy Plane
base ball club. One of the lamps fell from its
hangings on the wall to the floor while the
dance was in progress. The lamp exploded and
ignited the coal oil. A cry of Fire" was
raised and the fire department called out.
Before their arrival the flames had been
extinguished. The damage done was very
slight.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-10-30
CRIMINAL COURT.
Many Important Cases to be Tried at the
November Term.

November Term.
On Monday, November sth, the next ses
sion of criminal court will convene, when
number of important cases will be tried
Judges Pechtel and Koch will be assisted by
Judge Savidge.
The Joyce-Coyle libel suit is fixed for trial
the first day of court, as is also the West
Mahanoy township School Board cases and
the McHale manslaughter case Much in
terest is manifested in each OF these cases,
and will attract large attendance
The cases of the COurty Commissioners
against their late chief clerk Philip J. Con-
nell, will be presented to the grand jury. No
tidings of Connelps whereabouts have yet
been discovered.
The Van Valkenberg bribery case will
attract many people during the second week
of court 1t is said oyertures have been made
for settlement.
Don't Let Anybody Interfere, But
Take Pau-Tina for coughs and colds, 25c.
At Gruhler Bros, drug store.
Miner Injured.
At Shenandoah City colliery this morning,
John Zauisli cf West Strawberry alley, va
injured by falling from car in the slope
His head and one of his legs we're cut and
bruised No bones were broken.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-10-30
PITHY POINTS.


Happenings Throughout the Country
Chronicied for Hasty Perusal.
The heavy shipments of coal causes a
scarcity Of cars.
See that your neighbor votes next Tuesday,
and votes light.
NJ Scanlan made payment ON his '95
duplicate at Pottsville yesterday,
Orwigsburg residents want the schuylkill
Haven electric railway extended to their
town
The Citizens Water Company Of Tower
City is erecting reservoir to contain 3,0OO,-
600 gallons Of water.
The funeral of John Tracey who was
injured at the Locust Gap colliery, took place
this morning, interment at Minersville.
A Pottsville Coronor's jury found that
John SIM, Of Mahanoy City, died of a gun
shot wound inflicted by Joseph Cazan.
The Prohibition campaign in Lebanon
closed last evening with a rousiug mass meet.
| ing addressed by Volney Cushing. of Maine
EX-Sohool Director Daniel Ogden has
moved his family to the house recently pur
chased by Miss Ella McGinness, on Nortl
Jardm street,
Isaac Smith, q wellknown resident o
West Hazleton, is missing. He was former
employe at Halle Mines, and leaves wifi,
and large family behind.
Rosanna Gallard, tot of 10 months
wandered on the railroad tracks at Hazletor
/ yesterday and had a leg mashed by loco
motive dying several hours later.
The Executive Committee Of the Fedora
tion Of Pennsylvania Women, at Harrisburg
| yesterday decided to hold the next annual
meeting a Chester, October 25 to 2S,
/ Judge Ashmau of PHILADELPHIA delivered
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-10-30
stanley OH Grain Boots.

This is the best water proof boot. This
boot has twenty-five (22) inch leg, two full
double soles and top sole, and are bee hive
nailed These boots are made by skilled
mechanics whose regulations are above re.
proach. Another proof that mans judge
ment is not infallible-these boots were made
to sell at $500, but the manufacturers loss is
your gain. We will sell you this boot at $2.75.
Come early.
Ships SHOE STORE,
10-29g2t II North Main st.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-10-30

The following program will be rendered
at meeting of the "Y'' in Mellet's hall this
evening Singing, 'Y;" scripture reading,
Alfred Millichap; responsive reading by the
"Y;" cornet solo, Miss Sallie Beddal; humor-
Gus reading, Edward Danks vocal solo, Miss
Minnie Powell recitation, Miss Minnie
Roberts vocal SOLO Miss Jennie Taylor
critic, to be appointed.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-10-30

Messrs. Hooks & Brown, the North Main
street stationers, have received the contracts
for furnishing the reading tables of the
public school teachers of this town and Maha-
noy City with periodicals for the ensuing
year. The tables aie supported by pro rata
contributions of the teachers The town
teachers will spend $50 and the Mahanoy
City teachers $40. The selections make up a
long list Of the weekly and monthly publica-
fppg
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-10-30

The Philadelphia & Reading Coal & Iron
Company's collieries finished another week
of six days on three quarters time. The
cOllieries have worked every day this month
which is the best record for some years past.
1t is rumored that they will soon start work
ing full time of 10 hours a day.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-10-30
Minstrel performance Postponed.

Owing to the late arrival of two comedians,
Messrs. Wertz and Scanlan, of Minnesota,
the minstrel performance by the Nonpariel
Social Club for the benefit of the mother OF
William Butler deceased member, has
been postponed. The date has been changed
from election night, Nov. g. to the following
Friday, Nov. 5th. The Schoppe orchestra has
been engaged to furnish music for the event.
Seats are now on sale at Kirlin's drug store.
Prices, I5, 25, IS and 80 cents. 1O-2S-St
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-10-30

The birthday social given by Miss May
Dusto and her Sunday school class in the
Presbyterian church last evening was a
financial as well as a social success The pro-
ceeds will be added to the fund for purchas-
ing new organ. A Literary entertainment
and the serving of refreshments were features
of the evening