davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-03-14

Nicely Furnished Cottage, Nuuanu VAL
ley, containing Parlor, Dining
Room, 2 Bed Rooms, Bath, Ser
wants quarters. Will rent the
above for months to desirable
tenant
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-03-14
FOR RENT.
STORES.

. LARGE STORES in the new spreck-
els Block on Nuuanu street For
terms apply.
The Advocate and news., 1898-01-26

In the Kansas Court of Appeals, Southern
Department, Central Division.
No. 264
The Missouri Pacific Railway Company
plaintin in error,
vs..
I. A. Prewitt and Mary l. Prewitt de-
PENDANTS in error.
Error from Butler County District Court
AFFIRMED.
The Opinion of the Court Was Delivered
by Schoonover, ].
/. The special findings set forth; Held,
consistent with the general verdict.
q Negligence cannot be attributed to n
child Of the age of two years and four
months; neither Is a child Of this age,
In going upon a railroad track, such a
trespasser as to forfeit redress from In
jury resulting from negligence of the rail-
road company.
3. The duty OF an engineer in charge
The Advocate and news., 1898-01-26

Of a passenger train, when he discovers an
object upon the track the nature OF which
he does not understand, Is, II possible,
10 bring his train under control, until the
nature of the object Is known, that ne may
be able to stop II necessary, to prevent
injury. .,
Attest: w. A. AfkESt
ISeai1 Clerk.
The Advocate and news., 1898-01-26

at North Topeka, State or Kansas, at the
close of business on the oath day of De-
RESOURCES.
Loans and discounts. ts...,.,.........., ,Sll 1858
Loans on real estate ............... 3,O9l.4S
OVerdraftS ............'..,. .,..'.....' . IUo'SI
Real estate ''''''''''''''' Gt'9t6'%
Furniture and fixtures. 1904
Expense account. ......... .......... 645T
Cash items, other than reserve
Cash and sight exchange, legal
reserve, ................,.. ....... 0'I0zU
IOCal,,...s .s..ss...s'.ss ss's'''s'. 'Pf4pfVO'Af
LIABILITIES.
Capital stock paid in......,..........$22,64 $1,000
Surplus fund.............,.... .'.'..'' 1'SGSv9
Interest. ..,........ .,.,...'. 4,OS1iS
Exchange. ......,,...'...' !oO'dSS
Individual deposlts..... ............. 5,4l98
Demand certificatets..,...... S,5UOA
Total . .......... 4,4O5.A
state of Kansas, County of Shawnee, ss.
|. h. d. Small, President of said bank,
do solemnly swear that the above state
ment is true; that said bank has no ltabili-
ties and is lot indorser on any note or
obligation, other than shown on the above
statement to the best of my knowledge
and belief. So help me God; ~
President.
Subscribed and sworn to before me, this
-''- 1' II. M. SMALL,
Notary Public
Commission expires on the 18th day Of
Correct. Y. D. SMALL,
Attest. ID. J. SMALL,
TSeall ]. d. SMALL,
Directors
The Advocate and news., 1898-01-26


partment, Western Division.
No. 1888.
The Johnson Loan and Trust Company,
plaintiff in error,
George Fl. Burr and The State Bank of St.
John, defendants in error
Error from Stafford County.
AFFIRMED.
Syllabus BY the Court. Milton, ].
/. "A general appearance to contest a
judgment on account of Irregularities will,
II the grounds therefor are not sustained,
conclude the, parties as to any further
VS.. Corgan, 26 Kan. 1922
g. Where. by the courts order, one is
made a party to an action and no proper
summons Is served upon him, his volun-
tary appearance in such action valves any
error In the order making him q party and
all objection TO the summons.
3. Where the record fails to show that
the plaintiff in error, which had for itself
discaimed any interest in the action, was
legally authorized to appear for an ad-
minstrator of the estate, who was al
legged to be the real party interested, the
petition in error should be dismissed.
All the Judges concurring.
Opinion filed January 49, 1898.
A true copy.
Attest: II. ]. WESTGATE,
[Seall Clerk
Kansas Court of Appeals, Southern De-
partment, Western Division.
No. 1866.
John Cupples and NJ. w. Rex, plaintiffs in
error,
VS..
The Alamo Irrigation and Manufacturing
Company, defendant in error.
Error from Hamilton County.
REVERSED.
Syllabus. BY the Court. Milton, ].
Where the petition in an action upon a
written contract for damages by breach
thereof, alleged "That the plaintiffs have
duly fulfilled all of the conditions of the
said contract on their part. and that the
defendant has violated the terms and con-
ditlons of such contract" and where the
contract contained clause providing for
the arbitration Of differences which might
arise Hereunder: Held, that the said petit
The Advocate and news., 1898-01-26

...l : -
Kansas Court OF Appeals, Southern De-
partment, Western Division.
No 295.
John Miller. petitioner.
c. r. Case, respondent.
Original Petition for Habeas Corpus.
PETITIONER REMANDED.
Syllabus BY the Court Milton, ].
The question of former jeopardy on the
part Of the petitioner cannot be inquired
into in habeas corpus proceedings, but
such plea must be presented and tried in
the court having jurisdiction to try the
petitioner on the charge for which he
stands committed.
All the Judges concurring.
Opinion filed January II, 1893.
Attest: ~ E.. J. wEsTGATE.
LSeall Clerk.
Kansas Court of Appeals, Southern De-
partment, Western Division.
No. 1888.
Independent Township, Barton County,
DlalnLlH III error,
VS..
Friedereke Guldner, Administrative, de-
Rendant in error.
Error from Barton County.
AFFIRMED.
Syllabus. BY the Court schoonover, j.
/. A demurrer to the evidence must be
viewed in the light most favorable to the
plaintiff and all reasonable inferences must
be allowed in his favor, and unless all the
testimony offered fails to establish his case
or some material fact In issue, the demur-
rer should be overruled. 67 Kas., page 55l.)
2. "The plaintiff in an action to recover
damages under (Sec. AZ, Chap. AZ, q. s.
1890 this statute must allege and prove
that the injuries were sustained without
contributory negligence on his part, and,
il the defendant deny the allegations Of
the petition, The burden Of proof (of the
absence) of contributory negligence Is on
the plaintiff; but where the defendant in
its answer denies all the allegations Of the
petition, and then pleads contributory neg
ligence on the part Of the plaintiff, and
sets out certain particular acts of the
plaintiff, and alleges that by reason Of such
acts the plaintiff was injured, the burden
of proving such fact Is thrown upon the
defendant" g Kas. App, page 4O3)
8. The instructions contained in the rec
ord considered, together with the instruc-
tionS complained Of Held, that they fully
state the law applicable to the issue and
the material facts to be determined by the
jury.
All the Judges concurring.
Opinion filed January IS, 1893
A true copy.
Attest: p. j. WESTGATE,
[Seal1 Clerk.
State of Kansas, IS.
l, e. ]. Westgate, Clerk of the Kansas
Court of Appeals, Southern Department
Western Division, do hereby certify the
above and foregoing to be true, full and
complete copies Of the syllabi in the therein
entitled causes, as the original thereof re-
main on file in my office
Witness my hand and official seal at my
office in the city of Garden City, this 2lst
day of January, A. d. 1885,
[Seall Il. j. WESTGATE,
The Advocate and news., 1898-01-26

In the Kansas Court OF Appeals, Southern
Department, Central Division
No. 25Z
E. Rowland, plaintiff in error,
w. T.. Tbaver Albert Honeywell, o. c.
Hooker, guardian of Albert Honeywell;
The Colonial & United States Mortgage
Company, limited, The Phelps-B Bigelow
Windmill Company, The Commonwealth
Loan 81 Trust Company, and Clarence
A. Parks, trustees, defendants in error
Error from Harper County District Court
REVERSED.
The Opinion Of the Court Was Delivered
by Schoonover, j.
Per Curlam.
The facts in this case are the same as
In case No. 256, W. F. Thayer " Albert
Honeywell, ct al, just decided by this
court, and 1t is reversed upon the author
Attest: w. A. AYRES,
LSeal.] clerk.
In the Kansas Court Of Appeals, Southern
Department, Central Division.
No. 231.
James A LOomis, plaintiff in error,
vs.
w. i. Thayer and ~. Rowland, defend
ants in error.
Error from Cowley County
Per Curiam.
Personal judgments were rendered in this
case against Joseph Bricker and Jane c.
Bricker in favor Of Loomis and Thayer
and Rowland The judgment also DEGREES
that the property In controversy be sold
to satisfy the said judgments. Loomis seeks
to recover the property under a tax deed
freed from the liens of Thayer and How
land. The Brickers are interested parties
and should have brought into this court.
Because Of the failure to make them par
ties in this court, the motion to dismiss
Is sustained.
Attest: w. A. AYRES,
[Seal1 Clerk.
The Advocate and news., 1898-01-26
Error from Cowley County.
Per Curiam.

State of Kansas, So.
/, w. A. Ayres, Clerk Of the Kansas
Court Of Appeals, Southern Department
Central Division, do hereby certify that
the above and foregoing are full, true and
correct copies of the syllabl of the court
handed down at Wichita, Kas., on jan
uary IA, A. d. 1898, and filed in this Office
on that date.
Given under my hand and the seal of
said court this the 18th day of January,
A. d. 1898.
[Seal.l w. A. AYRES,
Clerk of Kansas Court of Appeals, South
ern Department, Central Division.
The Advocate and news., 1898-01-26

[SeaLl Clerk.
Kansas Court Of Appeals Southern De-
partment, Western Division.
No. 1862.
The Gille Hardware and Iron Company,
plaintiffs in error,
VS.
r. T. Edwards and w. ID. Erwin, partners
as Edwards & Erwin, defendants In err
ror.
Error from Edwards County.
MOTION TO DISMISS SUSTAINED.
Per Curiam.
The motion of the defendants in error
to dismiss the petition in error In this
case must be sustained, for the reason
that the case-made attached thereto has
not been settled by the trial Judge as re-
quired by law.
All the Judges concurring.
Opinion filed January 1S, 1S98
Attest; E.. wEsTGATE,
[Seall Clerk.
Kansas Court of Appeals, Southern De-
partment, Western Division.
NO. l0l
The Anglo American Land Mortgage and
Agency Company, Limited, plaintiff in
error,
Ernest G. Hegwer, Mary G. Hegwer, Maria
C.. Hegwer, John w. Collins, Henry Heg-
wer, Collins g. Hegwer, defendants in err
ror.
Error from Pratt County.
REVERSED.
Syllabus. BY the Court. Dennison, P. j.
|. A mortgage properly acknowledged
may be introduced in evidence and read
without further proof, and when so intro
duced and read, 1t makes prtma facie
case, although its execution is denied by
verified answer.
All the Judges concurring.
Opinion filed January IS, 1885,
A true copy
Attest: e. j. WESTGATE,
[Seall Clerk.
Kansas Court of Appeals, Southern De-
partment, Western Division
No 1863.
The State Bank of st. John, plaintiff in
error,
Herman 2. Gruver and Maria Gruver, de-
PENDANTS in error.
Error from Kiowa County.
REVERSED.
Syllabus. BY the Court. Dennison, P. J.
/. BY q general appearance the defend
ants submit themselves to the jurisdiction
of the court.
2. The proper way to object to a defec
tive or void cost bond in an ordinary civil
action, Is by q special appearance or by
a motion for additional security for costs.
All the Justices concurring.
Opinion filed January IS, 1898.
Attest: WY Ell. wEsTGATE.
LSeaLl Clerk.
Kansas Court Of Appeals. Southern De-
partment, Western Division.
No. 40.
Ed. T. Madden, plaintiff in error,
vs..
s. c. Walker, defendant in error
Error from Rush County.
AFFIRMED.
Syllabus. BY the Court. schoonover, ].
The holder of a first chattel mortgage,
which entitled him to possession, may sell
or authorize the mOrtgagor to sell the
property mortgaged, or a part Of the same,
and vest title thereto in the purchaser
but the law will, as against second mort
gage apply the proceeds of such sale to
the payment of the first mortgage.
All the Judges concurring.
Opinion filed January Is, 1898.
A true copy.
The Advocate and news., 1898-01-26

In the Kansas Court OF Appeals, Southern
Department, Central Division.
No 23O
Louis Steinbuchel Emma A. Dunbar and
ID. T. Dunbar, plaintiffs in error
Va.
The Kansas Midland Railway Company
defendant In error.
Error from sedgwlck District Court.
AFFIRMED.
The Opinion Of the Court Was Delivered
by Schoonover, j.
/. The evidence examined: Held, that
the trial court committed no error in ad-
mitting or in refusing to strike out certain
testimony.
2. The instructions refused and the In
structlons given set forth: Held, that the
instructions given correctly state the law
as to the principal fact toNbe determined
by the jury,
3. Where an instruction relating to one
of the minor facts is misleading, the iudg
ment will not be reversed, where the party
complaining is not prejudiced thereby.
Attest: W. A. AYRES,
[Seal.l Clerk.
The Advocate and news., 1898-01-26

In the Kansas Court of Appeals, Southern
Department, Central Division.
No. 256.
w. f. Thayer, plaintiff in error,
VS..
Albert Honeywell, ct al, defendants In
error
Error from Harper County District Court.
REVERSED.
The Opinion of the Court Was Delivered
by Schoonover, ].
A District court cannot take judicial
knowledge of an order made in a separate
case or proceeding for injunction, COM
menced to restrain the Sheriff from selling
the land In controversy, In u case the
court mas under consideration, on motion
TO confirm SALE
Attest: w. A. AYRES,
LSeall Clerk.
The Advocate and news., 1898-01-26

In the Kansas Court OF Appeals, Southern
Department, Central Division
The Advocate and news., 1898-01-26
Official Statement of the Financial COndi-
tiOn of
THE Ar1ERICAN BANK
of North Topeka,
of North Topeka,

at North Topeka, State of Kansas, at the
close of business on the oath day of De-
cember, 1897;
The Advocate and news., 1898-01-26
Appellate Court SyIIabi.
CONTINUED from page 15.)

section SO Of the Civil Code, and its ac-
tlOn In OVerruling motion TO consolidate
will not be reversed I'm the absence OF a
clear showing OF abuse Of discretion.
q Where, over the objection Of defend
ant, expert evidence was received on be-
half Of plaintiff as to matter concern
ing which no direct testimony was offered,
and where the special findings Of the jury
show that their verdict was not affected by
such expert evidence, the error Is imma-
terial
B. The written demand required by sec
ton 1853 General Statutes Of 1889, to be
given TO q railroad company prior 70 COM
lng Of stock, need not specify the specific
breach Of statutory duty on the part OF
such company which might be relied on
40 fixing It's liability. .
Attest: w. A. AYRES,
Iseal.l Clerk.
In the Kansas Court of Appeals, Southern
Department Central Division.
No. 1853.
Wichita e. Western Railway Company,
plaintiff, in error,
Henry Hart, defendant in error.
Error from Kingman County.
AFFIRMED.
The Opinion Of the Court Was Delivered
by Milton, j.
l. Where an injury to stock resulted from
the failure Of railway company to fence
it's rlght-of-way, and no evidence was in
troduced by said company tending to prove
that fence could not have been built and
maintained at the point where the stock
entered the right-of-way from pasture
which was enclosed except as to part
Of II next to the right-Of-way, 1t was not
error for the court to refuse to give in
structlon based on the impractlcability of
building such fence.
2. Case No. 262 between the same par
ties IS followed as to other alleged errors.
Attest: w. A. AYRES,
[SeaLl Clerk.
The Advocate and news., 1898-01-26

tion was SUFFICIENT as against a general
demurrer, Notwithstanding It was silent
as to the matter OF arbitration.
All the Judges concurring.
Opinion filed January 1S, 1893.
Attest: B. j. WEsTGATE,
ISeaLl Clerk.
The Advocate and news., 1898-01-26

In the Kansas Court OF Appeals, Southern
Department, Central Division.
Courier Democrat. (Langdon, N.D.) 1891-1920, 1898-01-20
People Talked Abort.

DR.. II. w. Moore has been appointed
4 member of the board OF ensiOn eX-
aiming surgeons at Brookings. S. d.
Brayton Ives has beer elected pres
ident of the Metropolita r,.t Com
pany of New York.
Mrs. Mary Ccwden Clarke. author Of
"The Complete Concordance to Shake
speare," is dead at Genoa.
DR.. Lapponi is treating the pope
with hot sand baths for the pnnt II 5
rheumatism, which recurs on I'll Least
exposure.
DR.. Jameson, the Transvaal ra'"f.I,
Will not return to England at present.
He intends to become 4 candidate for
the Cape parliament.
Senator Quay Of Pennsylvania has
purchased one of the finest home
steads in the Ohio valley about ten
miles from Pittsburg, and will here.
after live there.
Alvah Mansur of st. Louis, Mo.
president Of the Mansur e. Tibbits I'M
plemcnt company. and vice president
of the American Exchange bank, died
at Los Angeles, Cal, Of pneumonia.
Courier Democrat. (Langdon, N.D.) 1891-1920, 1898-01-20
Foreign Notes.

Count Delianeff. the Russian minis
ter of public instruction, is dead.
Negotiations for peace in the Phil
ippines have failed.
Ernest Hart, editor of the British
Medical Journal, is dead in London.
Sir Robert Henry Meade, permanent
under secretary Of state for the colo
MES since 1891, is deadrin London.
Prince George of Greece, who visit
ed this country a few years ago, has
appealed for years absence to travel
abroad again.
Sir Charles Hutton Gregory, the we'll
known engineer and a former presi-
dent of the Institution of Civil Engi-
neers, is dead at London.
Mile. Marie Louise Ney. grand niece
of the celebrated Marshal Ney. of the
first NapoleGnic empire, was found as
phyXiated at her residence in Paris.
According to special dispatch from
ConStantinople the Russian embassy
there has been threatened with bomb
outrages "'unless Russia withdraws
her opposition to the amelioration Of
the condition of the Armenians."
1t is said that notification has been
received at Halifax from the British
war office to the effect that the con-
struction of two quick-tiring batteries
is to be commenced the coming spring
for the better defense of Halifax har-
Dor.
The Paris police have arrested and
imprisoned Nine. Jouffrey d'Abbans
and her paramount on the charge Of
Matchmaking an army captain. She
pretended to be Maj. Esterhazy's
"veiled lady" and was examined dur
ing the inquiry.
The jury found that the great Lon
don fire was the work of some person
or persons unknown. The jury was
not satisfied that the fire brigade was
fully equipped and was not unani-
nous in the opinion that the water
supply was sufficient. 1t recommends
that an engine with steam constantly
up be always kept at the central sta
| ton.
Courier Democrat. (Langdon, N.D.) 1891-1920, 1898-01-20

The Quartcrmaster's safe mt Fort
keogh. Mont, has been robbed of
$153.5O.
\ Seventeen-year-old mother. Mary
Comisky, has been acquitted in a Chi
cagO court of the charge of numbering
her baby.
]. a. Cassidy. charged with the theft
of $500 at Fowld's lumber camp.
was sentenced to a year in the peni-
Tertiary after pleading guilty ut West
Superior.
When q drunken crowd in Glendale.
Texas. undertook to bully Seward
Gray, who had just moved there from
Jefferson county. ILL.,, he shot and
killed three of them.
Fred Jentges. charged with the en-
beZZlement of $500 from the Moon
Bros. Carriage company ut St. Louis,
while in their employ as confidential
bookkeeper and cashier two years ago,
has been arrested.
The wife of Eugene Lee was found
murdered in her bed at Ennis. She
had been shot through the head. Her
husband has been arrested. There is
great excitement and threats of lynch
ing are made.
Capt. Hale. of the Hutchinson (Kas.l
Salvation army. was fined in police
court for stopping Il street car mule
which was breaking the line of the
Salvation army parade. He appealed
to the district court and Won the case.
Bill Adler. a town tough of Kansas
City. charged With the murder of
William: Johnson. colored. was con-
victo1 of Ol1,plar :, rho Saann1 fnurnh
first white man in Jackson county con-
victed Of the murder of a negro.
Courier Democrat. (Langdon, N.D.) 1891-1920, 1898-01-20

Many persons appear to labor under
the delusion that it is necessary 70
avoid sunlight for fear of spelling the
complexion, when, as matter of fact,
the suns rays are necessary to give it
the delicate tinting OF beauty and
health. Air is necessary to the first
inspiration and the last expiration of
our lives, but the purity and activity
of the atmosphere depend upon the
warming rays of. the sun, while our
bodies require light for their healthy
stimulus. 1t is we'll known that with
out solar heat there can be 70 proper
vegetable growth, and it is equally
necessary for the beauty and perfec-
tion of animal development. 1t be-
hooves us, therefore, to see that our
homes are open to the suns rays and
are made as bright and cheerful as pos
sible, and they ought to freely admit
the sunlight. It is we'll known that
disease which has baffled the skill o:
physicians has been known to yield
when the patients were removed from
dark rooms to light and cheerful apart.
ments. Light is especially necessary
for the healthy growth Of children.
Courier Democrat. (Langdon, N.D.) 1891-1920, 1898-01-20

The employees of the treasury depart
ment at Washington are given thirty
days vacation each year with full pay.
They are also allowed, in case of sick
ness, an additional leave of thirty days
with pay continued, and Secretary Gage
has just discovered that two-thirds of
the employees were afflicted with sick
ness for thirty days during the fiscal
year. They were paid for twelve
months work and performed ten
months work, and now the secretary
will ask that congress remedy this
abuse of the sick-leave privilege by re-
quiring clerks to present evidences of
sickness and physicians certificate
and that it shall appear that the sick
ness was occasioned by their official
service. Otherwise they must lose pay
while absent on account of sickness.
Courier Democrat. (Langdon, N.D.) 1891-1920, 1898-01-20

William L. Wettmore, a pioneer of
Marquette, Mich, is dead. He came
to Marquette in 1856, and was known
as a large iron and lumber dealer He
was once the owner, of the New York
mine with Samuel J. Tilden. His bust
ness relations with Tildcn ended in n
famous suit against the latter.
Harry 4. Scott, postmaster at Lud-
dington, Mich, died of pneumonia. at
ter an illness of one week. Mr.. Scott
was one of the most prominent men in
the community, and stood high in ma
sonry. He was tifty.eight years of
age. and had held numerous civil and
government offices. He was also Il
lumberman and as such was widely
known.
Courier Democrat. (Langdon, N.D.) 1891-1920, 1898-01-20
Cnsualties.

Marvin Hinky. whose home is in
Minneapolis. skated against The sup
port Of bridge ut Elroy, Wis, and
was badly injured.
Near Buffalo. New York Central
rain struck Il carriage containing Mr..
and Mrs. Samuel Eiss. Both We're
killed.
The steamer Lambert's Point. which
arrived at st. Johns. n. f., With her
cotton cargo on fire. sailed for Liver
pool with the deckload still ablaZe.
The crew refused to sail until COM
PEELED by the police. If the fire be-
comes serious it is intended to jettiSon
the cotton.
Courier Democrat. (Langdon, N.D.) 1891-1920, 1898-01-20

The social ethics of the bull-fghting
profession seem to afford an interest
ing aspect. Mexico has a light of the
bull ring known as Ell Curita, who
comes before the public with the COM
plant that his reputation has been in
jured by a report that he had been
mits public proof that, so far from this
being true, the fact was that he knock
ed the woman down with chair sew
eral times. Having been sent to Jail,
his eight-day sentence was committed
into the payment of fine. He is thus
restored to full standing in his profess
sion and the public esteem, and his
reputation is indicated.
Courier Democrat. (Langdon, N.D.) 1891-1920, 1898-01-20

The careless and reckless way in
which many women-with their pock-
etbooks in full sight, inviting thievish
grasp, and their watches hanging in
view and easy reach of deet rascals-
plunge into the holiday rush, is di-
rect Indictment and temptation to rob-
berry. One would suppose that the
personal equation would check a
tendency which is altogether too much
in evidence today.