davidaulloa/AmericanStories huggingface dataset:
The Advocate and news., 1897-12-08
Kansas Court Of Appeals, Southern De-
partment, Central Division.

Kansas Court of Appeals, Southern De-
partment, Central Division.
No. 2Ol.
Charles A. Scruton, plaintiff in error,
VS..
Sallie j. Hall, defendant in error.
Error from Cowley County.
The opinion was delivered by Dennison, p. J.
/. This court will take judicial knowledge
of the fact that the term Of the Cowley
county District court, which follows De-
cember 1891, term commenced In April,
1892. AS proceedings were had in said court
on January SOth, the term had not expired
on January 29th.
@ In computing the time given by the
court TO make and serve a case-made, the
first day is excluded and the last day is
included aud where the last day Is Sun
day 1t is also excluded.
3. Where a record Is properly settled by
the trial Judge after the waiver Of amend-
ments by the defendant In error, we Will
not revise or alter the record, when no
The Advocate and news., 1897-12-08
Kansas Court of Appeals, Southern De-
partment, Central Division.

No. 672
The State OF Kansas, appellee,
VS..
Michael Branson, appellant.
Error from Kingman District Court.
AFFIRMED.
The opinion was delivered by schoonOver, ].
l. The information set forth, and held to
be sufficient.
q "Where two courts have concurrent
jurisdiction OF a criminal cause, the court
first acquiring jurisdiction of the offense,
and Of the person OF the defendant, retains
jurisdiction until tho final determination Of
the case TO the exclusion OF the other Cb5
Kas, 328)
3. "Eome OF the jurors had impressions or
beliefs as TO the commission Of the offense
charged which we're not Of positive and
fixed character, but were derived solely
from rumor and newspaper statements, and
they appeared to have been free from any
bias or prejudice and to be able to fairly
consider the testimony and render an i'm
partial verdict In the case: Held, that the
0verFuling OF the challenge to the reten-
tion of such jurors is not sufficient ground
for reversal" ga Kas. 5l3.)
Attest: w. A. AYREs,
[Seal. Clerk.
Kansas Court of Appeals, Southern De-
partment, Central Division.
No. 159.
Edward Cook, Caroline NJ. Cook and
Thomas s. Krutz, plaintiffs in error,
Francis Blakely, ct al, defendant in error.
Error from Harper County.
The opinion was delivered by Milton, ].
l. In contest case involving the validity
OF an entry upon tract Of Usage Indian
trust landR, II was not necessary to notify
the mortgagee Of the tract, when II did not
appear that he had filed a statement OF his
Interest In the local land office.
q The return of the purchase money Is
not q condition precedent to the cancella-
ti0n Of the entry In question.
8. The decision OF the land officers upon
questions Of fact In a contest case Is con.
elusive upon the parties, and Is not subject
\ to collateral attack.
Attest; w, A, AYREs,
[9eall Clerk
Kansas Court Of Appeals, Southern De-
partment, Central Division.
No. 267.
w. w. Waterheld, plaintiff in error,
va.
The Hutchinson National Bank, defendant
t4 In error.
Error from Reno County.
The opinion was delivered by Milton ].
Where IN case tried by Judge pro tenn
the order of the court states that 1.-THE de-
tendAnt was granted 225 days in which to
make and serve the case-made for the Su-
Prsme court court and the case-made was set
294 days after the date thereof: Held, that
the case-made is invalid.
Attest; w. A. AYRES.
lHeall Clerk.
Kansas Court of Appeals, Southern De-
partment, Central Division.
Walter M. Pond, plalntiff in error,
i VS..
THO National Mortgage and Debenture
Company and another defendants in
Error from Reno County.
THE opinion was delivered by Dennison, p. J.
Il NO motion for a new trial is necessary
20 obtain q review of the finding of law
blythe District court, that service of sum
mons upon corporation by delivering n
G copy thereof to a vice president Of said
corporation is invalid.
q In the absence OF the president of q cor
p0rntiOn II is the duty of the vice president
20 act as president, and at such times he
The Advocate and news., 1897-12-08

motion with sufficient notice has been filed
for that purpose, and when no Irreparable
amendment may relate to those things
which make the case renewable In this
court.
T. The court must instruct the jury In
writing If requested by either party. The
case of Wheat VS.. Brown, 3 Kas. App. 43t.
and Rich VS.. Lappin, 43 Kas. 666, and the
authorities there cited, followed.
Attest: w. A. AYRES,
iSeal.1 Clerk
The Advocate and news., 1897-12-08

lDCdlsJ SlCLhs
Kansas Court of Appeals Southern De-
paftment, Central Division.
r. M. Strong, plaintiff in error,
VS..
The First National Bank Of Arkansas City,
Kansas, defendant in error.
Error from Cowley District Court.
DISMISSED.
The opinion was delivered by schoonover, j.
The time given in section 4657 G. S. 1889
in which proceedings shall be commenced
to reverse, vacate or modify judgments or
hnal orders is sufficient for the careful
and diligent Notwithstanding the mistakes
and misunderstanding which are liable
to occur and cause delay, and cannot be
extended
Attest: w. A. AYRES,
[Seal.l Clerk
Kansas Court of Appeals Southern De-.
partment, Central Division
No. 22S.
Hiram f. Hatch receiver of the American
National Bank of Arkansas City, Kan
sas, plaintiff in error,
vs.
s. G., Smith, defendant in error
Error from Cowley District Court.
REVERSED.
The opinion was delivered by Schoonover, j.
Order Of trial Judge discharging an at
tachment reversed on the facts Of the case.
Attest: w. A. AYRES,
[Seal,l Clerk.
Kansas Court of Appeals, Southern De-
partment, Central Division.
A. p Johnson and Mamie ]. Johnson,
plaintiffs in error,
VS..
John w. Jones, Sheriff of Reno County,
Kansas, defendant in error.
Error from Reno County.
AFFIRMED.
The opinion was delivered by Milton, J.
/. Where the record fails to show whether ,
or not the debts due the execution cred
itors were contracted before or after the
date OF an alleged fraudulent transfer by
tue ucDLOE 10 MS WI1C VI PNOpcAAye
Held, that such creditors should be re-
garded as subsequent creditors with refer
ence to such transfer.
2. Where the record does not contains che
bill of sale by which the debtor transfeegt@
the property in controversy to his wire,
although II was read in evidence at the
trial, and where II appears that such bill
of sale had been recorded: Held, that It win
be presumed not to have been such en- in
strument as impaired constructive notice
by reason Of its being recorded.
s. Where the debtor was joint partner
The Advocate and news., 1897-12-08


could not be found by the Sheriff. is SUM
/ Gent
Iseai1 Clerk.
Kansas Court of Appeals, Southern De-
partment Central Division.
No, 2O8.
Martha A. Carter, administrators, plaintiff
in error,
Mary L. Carter, defendant in error.
Error from Marion County
The opinion was delivered by Dennison, p. j..
| 1. The familiar doctrines, that the ver-
| dict OF the jury which Is sustained by some
evidence and approved by the trial court
will not be disturbed. ana that a general
objection TO distractions, some parts OF
which are correct, Is not sufficient TO OBJ
tain review of the parts of the instruc-
tlons complained Of, are applied In this
case.
Attest: w. A. AYREs,
[Seal.l Clerk
partment, Central Division.
No $50.
Lucy p. RhOades. plaintiff in error
Carrie Rhoades, defendant in error.
Error from Butler County.
The opinion was delivered by Milton, j.
The case-made was settled by the trial
Judge eighty-one days after his term had
judgment, without notice TO defendant In
error or waiver of notice, the record being
silent as to notice or waiver thereof, and
as to the suggestion or waiver or sugges-
ton of amendment, under an order made
at the time Of entering final judgment, as
follows:
"And seventy days are given the defen-
dant in which to make and serve q case for
the Supreme court on the attorneys for
plaintiff, and fifteen days thereafter are
given plaintiff in which to suggest amend
ments, and the case to be settled on three
days notice in writing to be given by either
side"
Held: that such case-made was settled too
late under said order, and that the eX-Judge
had no authority to settle the same without
the notice Tor waiver thereof provided for
In such order.
Attest: w. A. AYREs,
ISeal1 Clerk.
Kansas Court OF Appeals, Southern De-
partment Central Division.
No. 7SS.
The State of Kansas, plaintiff,
vs.
Barney OConnor, defendant.
Error from Sumner District Court
AFFIRMED.
The opinion was delivered by schoonover, J.
/. Where person, under indictment or in
formation for an Omense, and held to an
swer on bail, consents to a continuance
he is not entitled to be discharged under
section $3.50, G. s. 1SS9
2. The misconduct of the court or jury
should be such as to raise doubt In the
mind OF the court that the substantial
rights of the parties may have been af-
fected, before new trial should be granted
or case reversed.
Attest. w A. AYRES,
[SeaLl Clerk
Kansas Court of Appeals, Southern De-
partment, Central Division.
NO Oil
Martha A. Carter, plaintiff in error,
VS..
L. Strom, ct al,, defendants In error,
Error from Marion County
The opinion was delivered by Dennlson, P. ]:
/. The case of Map Co. VS.. Jones cited and
followed as to the duty Of the District
court to require the defendant to file an
answer In case appealed to 1t from
Justice of the Peace
g. A verdict OF the jury which has been
approved by the trial court will not be dis
An.
The Advocate and news., 1897-12-08

could not be found by the Sheriff. is SUM-
cient.
Attest: w. A. AYRES,
TaeaI1 Clerk
The Advocate and news., 1897-12-08
[publIshed December Q, lso7.l

Kansas Court OF Appeals, Southern De-
partment, Central Division
No. az.
The wellington waterworks, plaintiff in
error,
vs.
]. @. Brown, defendant in error.
Error from Sumner County.
The opinion was delivered by Dennison, p. J..
/. A jury may, In considering their .ver-
diet, take Into consideration tho view OF the
premises. when a view Is permitted by tho
trial court, and the results Of their obser-
walton, In connection with the evidence pro-
duced before them.
q A Iltlgant cannot be heard to complain
OF an instruction, the substance Of which
no asked the court TO give
Attest W. A. AYREs,
fSeaLl Clerk.
The Advocate and news., 1897-12-08
MOTION TO DISMISS SUSTAINED

Kansas Court Of Appeals. Southern De-
partment, Central Division.
No. 74O
The Farmers Alliance Insurance Company,
a corporation, plaintiff in error,
VS..
H. v. Nichols, defendant in error.
Error from Mcpherson County District
Court
DISMISSED.
The opinion was delivered by SchoonoverJ
Where the term of the District Judge
trying case expired, when no time had
been fixed by the order Of the court for
settling and signing a case: Held, that the
Judge whose term of Office had expired was
without authority to settle and sign the
same.
Attest: w. A. AYRES,
[SeaL] Clerk.
The Advocate and news., 1897-12-08

l. Where after q verdict of guilty In an
action against appellant. for selling liquor
in violation of city ordinance, the court
adjourned sine die and sentence was pro-
term OF the court, and where at said sub
seQuent term Of court appellant filed a
motion In arrest OF Judgment with pur-
ported bill OF exceptions annexed thereto)
The Advocate and news., 1897-12-08

Kansas Court of Appeals, Southern De-
partment, Central Division.
The Providence news. (Providence [R.I.]) 1891-1906, 1897-01-19
Prof. fessenden'S' ROent-
gen Ray Apparatus.
Some Very Lucky Events That
Happened on Friday.
Horses Selling Cheap in the Metrop-
oils at Present Time.

vhst 10 believed to be the largest
4osntysn ray apparatus in the worlc mas
Just been completed by Prof. Fessendsn
of the Western University. The sppsrs-
tus 10 enclosed in a cabinet four fest high
and two feet wide and weighs l75
ponnds. The most important feature Is
the coil which rss:s near tie base te-
tween the legs OF tfe cabinet. Ii Is COM
posed of seventeen coils and 10 wound
with 6fty miles OF smsil wire. 1t 10 ar
ranged TO give . spark twenty inches
long, while the capacity OF the machine
reaches thirty inches The current Is re-
ceived from two portable storage batter
ies, the ordinary direct or the alternating
currents. The main circuit is broken by q
revolving contact breaker, which makes
about 200 breaks second. This cont act
brsaker ls iramersed in petroleum, ad-
jsceut TO Z masret 10th OF thsse sxtin-
gnisn any light produced in the breaker.
This 10 In q small box upon the cabinet,
and N driven by q ons-horse power motor
placed beside II. An alienation Of sheets
of tin foil aad parsffin paper makes an
sojustsbls condenser, which is also on
top OF the cabinet and arrests sparks and
makes the break more sudden.
The Providence news. (Providence [R.I.]) 1891-1906, 1897-01-19

New York. Jan. l9.-Charles w. Wood
land, proprietor of the Park View. a
private hotel at Lakewood, n. j., died
last night, after remaining in a semi
conscious condition all day. Early yes
terday morning, while he was waiting
for a driving party. a lamp on the table
near him in the parlor OF the house, ex-
ploded. The room was soon filled with
smoke and flames. Mr.. Woodland tore
down the blazing curtains and stamped
the flames under his feet, tore UP the
carpet and fought the fire In every con-
ceivable way. He had no time to call
for aid. Almost as fast as he gained an
advantage in one place. the flames
gained i'm another. Finally, however, he
succeeded in his efforts, and then fell
exhausted upon the floor. Meanwhile
the noise had aroused the household,
who found Mr.. Woodland unconscious.
He recovered but slightly during the
day. Mr.. Woodland was 40 years of age.
very popular and possessed Of consider
able wealth.
The Providence news. (Providence [R.I.]) 1891-1906, 1897-01-19
THE LEADVILLE STRIKE.
Gov. Adams and Representatives of
Mine Owners and Miners Confer.

LEADviLLE, Col, Jan. l9.--As n result of
Governor Adams visit to Leadville, the Min
ers Union has submitted proposition 10 the
mine owners for "A settlement Of the strike.
The proposition was rejected and counter
offer submitted Both propositions treated
almost wholly Of wages, differing only in
ru'es.
The miners ask for the recognition OF organ
lied labor and the mine owners in their pro'
p0sal, said thoy were not opposed TO law
abiding organized labor" After further con-
ference with the managers the Governor sent
for President Boyce and Il. V. Debs, and for
two hours the executive committee Of mana
ger and the Governor discussed the situation,
this being the trst time since the Governors
arrival that representatives OF the opposing
organizations have been brought together.
The Providence news. (Providence [R.I.]) 1891-1906, 1897-01-19

glscting no SOU - OF information. He
wslks over L-sins and plains. throug
muddy roads and In dense forests, ac-
cepting such fare ano hospitality a. he
finds, without complaint or making his
identity known.
He observes, asks questions and listens,
making careful note of what no wishes
to retain and preserving with his pencil
every scene and face he wishes TO remsm-
ber or reproduce. Hundreds OF these
sketches appear in his books.
His excursions are not confined to the
land. for his yacht Nike, with its crew,
10 ever ready, and, in IL he makes fire.
quent excursions &c all portions of the
Mediterranean, where his work is dill
gently prosecuted.
His is really q life OF romance-of 70:
NANCE which has excluded the great
romance of love, excepting the broad lovo
of nature and tho deep ioue of hu-
msnity; for among the thousands
OF romantic stories told of tho Prince
none touch on the tender passion or inti-
mate that he has ever sought the love OF
any one woman.
Ihe Prince Is truly beloved by the peo-
pie OF his island home, for whom he does
ell in his power, and 80 a genial host he
welcomes and makes at home all strang-
ers who visit him.
The Providence news. (Providence [R.I.]) 1891-1906, 1897-01-19
Important to Drurgists

Philadelphia, Jan. 19.-The United
States circuit court of appeals
has reversed the decision OF
the lower court in the in
fringement suit OF the American Soda
Fountain company of Boston against
Robert NJ. Green & Sons, manafaetur-
ers of soda water apparatus in this city.
The litigation between the parties has
extended over a period OF several years.
The Boston company, which operates on
a large scale. sought to prevent Green
& Sons. as well as several other indi-
vidual manufacturers, from using a
syrup dispensing device. The decision is
fmpor ant. and is of interest to, every
druggist and user of soda fountains In
the country
The Providence news. (Providence [R.I.]) 1891-1906, 1897-01-19
FOR GREATER CHICAGO.
Legislature TO Be Asked TO Abolish
Townships.
Commission to Ec Appointed to Pre-
scat Plan at Next session.

CHICAGO. Jan. l9.-The City Council at its
NEE ing last night adopted resolution pro-
viding for commission 10 prepare for pres
entation to the Legislature plans for the ahol-
ishment Of the township organizations IN
Cook county and the creation OF ~ Greater
Chicago. The object is 10 form and perma-
nently establish better and more complete
and more perfect system Of local governments
by which there can be insured to the profit of
Chicago and Cook county, the best and cheap
est sanitary and fire protection, as well as i'm
provements in all other branches OF city gov.
ernmcnt.
The Providence news. (Providence [R.I.]) 1891-1906, 1897-01-19
A BIG PURCHASE.
Swift a. Co. Buy Out the st. Joseph's
Stock Yards Company.

ST. JOSEPH. Mo-, Jan. ia deal has been
consummated whereby Swift & Co of Chicago
purchased the IT. Joseph Stock Yards, with
the adjacent town site of 81. George and the
entire plant Of the StJoscph StockYards Com
psny. The purchase price * said to be about
10000. Swift & Co. will take immediate
possession and will put force of 200 m IN at
work at once putting the yards in condition
for active operation. Thy propose to erect a
mammoth packing plant here. The contract
has been signei by the Swifts and President
John Donovan, Jr., of the stock yards com
pany.
The Providence news. (Providence [R.I.]) 1891-1906, 1897-01-19

Chicora. Pa. Herald" Richard vensee
cports one Minute Cough Cure the greatest
success of medical science. He told us that Il
cured his whole family Of terrible coughs and
colds. after all other so called cures had failed
entirely. Mr.. vensel said 10 assisted hi.
children through a very had siege Of measles.
one Minute Cough Curs makes oxpcctoration
very easy and rapid.
Joseph :. Johnston's Pharmacy. sos West.
minister street; Metzger's Pharmacy 20 North
Main street: Alfreds Pharmacy, II Eddy
street: Joseph Driver. Riverside Pharmacy
81 Ma-ton avenue.
The Providence news. (Providence [R.I.]) 1891-1906, 1897-01-19
FOLLOWING CHICAGO'S EXAMPLE
Dcs Moines TO Have an Anti High Hat
Ordnance.

DIS MONIES. Ia. Jan. l9-By unanimous
vote the six Aldermen present at the City
Council meeting Instructed the city solicitor
TO draw mp an ordinance prohibiting and pun
isbing the wearing ot large hats at the thea
ters and public entertainments. IL is proposed
TO impose fine of from 81 to $40 for each
offence. The ordinsnce will come up at the
next meeting.
The Providence news. (Providence [R.I.]) 1891-1906, 1897-01-19
He Approves the Site.

NASHVILLE, Tenn, Jan. l9.-H. .P. p. Ham
ilton, chief constructor OF the supervising
architects office at Washington. has exam
ined the proposed site for the government
building at the Tennessee Centennial Exhibit
ion and approved the selection. Ho will de-
termne the exact dimensions todaysand re-
turn at once to Washington TO prepare specifi-
cations for tho building.
The Providence news. (Providence [R.I.]) 1891-1906, 1897-01-19
Wholesale Grocers to Con fer.

BosroS, Jan. 10. Arrangements have bcsn
completed for n meeting Of grocers from all
over New Englani- next Thursday in this
city. The meeting will be held at Young =
Hotel and will he conducted by the Wholesale
Grocers Association. Affairs of interest To
the trade will be acted upon. q. l.. Harwood
OF Norwich. Conn, is president Of the associ.
ation
The Providence news. (Providence [R.I.]) 1891-1906, 1897-01-19
Cooperative PhilauthrOpic Work.

CnicAGo, Jan. i9.-Plans are being made for
an important conference TO bo hell in Chicago
at the end Of January in he interests of CO.
operative philanthropic work. At the re-
quest of Professor Charles r. Henderson OF
Chicago University and DIR. Dunsau, OF
Plymouth Church, Robert Treas Paine of Bos.
ton has consented TO come to Chicago and ad-
dress some meetings in the cause Of caarity.
Mr.. Paine Is widely known in philantrophic
circles ~ n millionaire philantbropist aud as
president of the Boston Associated Charities
The Providence news. (Providence [R.I.]) 1891-1906, 1897-01-19

An adjustable srm fer holding the
Rosntgsn ray tube is attached to the side
OF the cabinet and 10 40 constructed thst
IL cen be pIstei in any position. II usces-
s,Sy under sns bed whore the ratisnt 10
lying, and . photograph can be tskon
without disturbing him. Professor
Fsssndsn discovered this tube, worked
IL out six months ago, and has success
fully operated II. Ibs positive terminal
10 inclossd In . long tube connected with
tbs, nsin bulb. The positive electrodc
must not lie nesrsr any part OF the
Asorsseent glass than the length OF the
spark the coil gives. A photograph can
es TAKEN through the shickest part OF the
body In Is minutes, and the surgeon can
ssviIy see through every part OF the body
with the nuoroscope.
The Providence news. (Providence [R.I.]) 1891-1906, 1897-01-19
SUICIDE BY SHOOTING.
Well Known Theatrical Man Kills
Himself at st. Louis.
Dependency Duo to Dissipation the
Supposed Cause.

81. LOUIS, Jan. l9.-w. r. Jones, formerly
manager of Havlin's Theater in this city, a
brother-in-law OF John Havlin, committed
suicide here last night at the Ridgeway Hotel
by shooting himself in the head. Jones was a
well known man about town and at the time
Of his death had position at Hagin's Opera
House. Dependency from dissipation is the
cause. Jones wife, who was divorced from
him, is living with her father in Cincinnati.
The Providence news. (Providence [R.I.]) 1891-1906, 1897-01-19
ACCUSED OF MURDER.
Lindross and Mrs. Pikkarainen Under
Arrest in Siinuesota.

wADESA, Mimi, Jan. IA A. Lindross
and Mrs. Pikkarainsn OF New York Mills have
been arrested by sheriff Irwin charged with
tho murder Of Dan pikkarainen, husband OF
the woman. The body was found near the rail
road track between Wadena and Verndale.
The Providence news. (Providence [R.I.]) 1891-1906, 1897-01-19
Accused of Counterfeitinr.

Hartford. Jan. 19.-John Il. Currier Of
Salem, Mass. Eldredge Maltby and Mrs.
Naltby. who were arrested in New Ha-
ven recently on charges alleging. coun-
terfeiting Of money, were given hear
ing before u. :. Commissioner Wright
yesterday afternoon. Currier was dis
charged and the Maltbys were held for
trial In Srnnn hnndc onnh
The Providence news. (Providence [R.I.]) 1891-1906, 1897-01-19
Gardiner. New rsc,ory Assured

Gardiner. Nc, Jan. l9.-Gardiner peo-
pie are happy over their new industry
For four days they have hustled TO
raise $4,000 for the establishment OF a
shoe factory for a well-known Massa-
chusetts firm. Work will commence at
once upon the erection of a plant that
will employ 400 operatives, with a pay
roll of $4,000 per week
The Providence news. (Providence [R.I.]) 1891-1906, 1897-01-19

DENVER. Col, Jan. ia bill has been in
troduced in the Legislature by Eugene Eng
lay which lays an embargo on the high thea
ter hat, Tbs bill provides penalty Of $40
for violation OF rhu law IN each case.