davidaulloa/AmericanStories huggingface dataset:
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1898-04-14
QUEEN VICTORiA'S BOSS.
She Had One In Mrs. Mussens. House
keeper at BaimoraI.

Queen Victoria has just sustained n
severe loss by the death of Mrs Mus
sens, who. from time immemorial. lad
been her housekeeper at Balmoral, says
the London News. Though unknown
TO the public NJ large. she was an i'm
portant parsonage in the eyes of every
body connected with the court. as she
was one of the few who had the conr-
age to talk up" to her majesty. and
even on occasion to deliberately boss"
her august mistress. Once when the
queen wanted certain maid to when
she had taken fancy detailed TO the
care o. her own room, Mrs. MussCns
demonstrated in the strongest fashion,
telling her majesty that it was quite
out of order. and she really must ct
spoil the servants by taking undue no.
tice of them. The queen, as usual,
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1898-04-14

Tie Oregon Railway & Navigation
Company on Saturday gave notice of an
increase in rates to and from Missouri
River points. The first-class rate will
be increased from $50 to $50 and the
second class from SO to $40.
The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1898-04-14

The urban population of New Eng
land has more than doubled since 1870,
while the rural population has stood
still.-Chicago Inter Ocean.
The record-union., 1898-12-19
Grim, No. 473-Department One
Filed December 8, 1889

., }
People, respondent; James Cuff, ap-
pellant. Attempt to murder Reversed.
The principles declared in subdivi-
sions 4, 6 and {, Sec. 2O61, c. c. P,
must not be applied to cases indiscrim-
inately AS generally applied they
trench upon the constitutional rights
of the defendant in depriving him of a
verdict rendered by jurors who shall
be the sole and exclusive judges of the
weight and effect of evidence.
The defendant has the constitutional
right to stand mute and demand that
the prosecution prove a case against
him beyond a reasonable doubt.
The prosecution offered evidence
tending to show that defendant had
purchased Strichnia, and had it III his
possession at the time of his arrest
To rebut the effect of this evidence it
was proposed to show that other per-
sons living in the neighborhoOd where
defendant resided purchased strichnia
and had it in their possession. De-
fendant owned a ranch, and it was
proposed to show that ranchers gen.
orally in that locality had strichnia in
their possession for the purpose of
poisoning ''varmints." Held, that this
evidence had a direct and legitimate
tendency TO weaken the effect of the
evidence showing the possession of
strichnia upon the part of defendant,
and should have been admitted.
The record-union., 1898-12-19
Sachet Powder, 15C.
NV Lady.
All Evening Shades

My lady's fair, and more than fair,
With poppy cheeks, and angels hair,
And sweet moist eyes, as freshly blue
AS violets through a drop of dew.
My heart she has with snares beset
Till I'm her captive bound-and yet,
U must confess, through fondly weak,)
Her ways and customs" so to speak,
Are most decidedly unique!
Her countenance is oft obscured
Like some full moon in clouds immured-
Beroughed with berries, daubed with
SmearS
Of "lassers candy" streaked with tears
But never, for such hap as this,
Does she deem fit that | should miss
The pleasure Of her honeyed kiss!
Her kisses-Pve no need to sue
For these sweet boons, as many dol
l sometimes fear. in her delight,
She'll blot my features out of sighti~
Though It's not to my dullneSS clear,
She shuns my lips, with frown severe,
But singles out my nose, or ear.
My lady's hands are brownly tanned,
And gray with grubbing in the sand,
And making mud pies" smooth and
round
And digging clam shells from the ground :;
Or green with toiling to uproOt
The pretty plants, or to compute
The seeds i'll papa's garden fruit.
My lady's robes are filed with rents:
And though a man, untaUght and dense,
And ignorant of lady-lore,
Her shoes, kicked out at heel and toe,
Are dreadful quite with mud-pe dough,
And buttons parting company
And yet, most condeScendingly,
They stand upon my tailored knee!
OF most, my lady will bd met
With due reserve and etiquette,
While T. her worshipper and slave,
The more outandsh | behave
The more l win, with painful art,
My way to her coy maiden heart.
And so I stand the wear and tear
OF constant playing 'hunkey-bear,"
And .agitate my aching side
In showing how the farmers ride
Her highness on my foot astride.
No other lays such hard commands,
No other makes such vast demands,
For when our way the sandman creeps
She uses me for couch and sleeps!
And yet l know-a nodding down
Above the fuzzy, frowsy crown,
The round fist doubling might and main
About my tick tick .watch's" chain,
And feeling warm against me pressed
The small nose burrowed in my vest
OF all my loves I love her besti
Catherine Young Glen, in Youths Com
panion.
The record-union., 1898-12-19
In a Nu+shell.

Falling snowfakes, lovely sight; lit
tie wanderer in the night Brown
eyed, hungry, thinly dressed (female
subject is the besD. Rich man; SER
wants at his beck; full of turkey to
the neck. Stately mansion, brilliant
glare, naught but joy and pleasure
there. Ripping laughter, beaming
smile (snow keeps falling all the while).
Little wanderer on the stoop, slightly
threatened with the Group. Naughty
servant orders off: family answers
with cough. Master comes and
views the scene; Heavens! Like lost
Gwendoline.' That's my name" the
child replies; 81 am told I've mothers
eyes" Brought in swiftly from the
dark: golden locket, berry mark Lit
tie darling, have no fear; for you've
found your grandpa, dear!' Bells
appealing GLORY! Glory,' There's the
standard Christmas story.-Cincinnati
Enquirer.
The record-union., 1898-12-19
IS. F., No 90 - Department One
Filed December l.. 1889

W l. 4NO. D1O DepdI lIlleiI ollt-
Filed December u, 1889
Grangers' Bank of California and
Albert Montpelier and Frank McMul
len, as trustees, respondents; j. A.
Shuey ct al, defendants; Union Saw
ings Bank, appellant. Foreclosure.
Affirmed.
The taking of a note for a pre-exist-
ing debt is not payment unless it be
expressly agreed that it shall be SO
considered.
No change in the form of the indebt-
edness or in the mode of payment will
discharge the lien. A mortgage Sc
cures the debt and not the note or
bond or other evidence of it. Nothing
short Of the actual payment of the
debt or an express release will operate
to discharge the mortgage. The mort
gage remains a lien until the debt it
was given to secure is satisfied. and is
not affected by a change of the note
or by giving a different instrument as
evidence of the debt
Where the evidence is conflicting
upon material issues and the findings
are justified by evidence they will not
be disturbed upon appeal.
The record-union., 1898-12-19
(S. F., No. S12 - Department Two
Filed December 13. 1897


Filed December 13, 1899
j. w. Harrison, appellant; John Nc
COrmick ct al, respondents. Action to
recover balance of price of goods sold.
Reversed.
The rule that the release of one or
two or more partners or other joint
debtors is a release of all has the fol-
lowing qualification: IF the discharge
do not relate to the merits of the con-
tract, and only concern the person Of
one of the promisers, as infancy, bank
ruptcy, etc, the other promisers are
still holden. Satisfaction has respect
to the debt and not to the person.
The statute of limitation is a de-
fense peculiar to him who pleads it.
Its effect is not to satisfy the debt,
but to bar the remedy. This defense,
therefore, which by operation of law
produces the personal discharge Of one
of two or more partners or joint
debtors, is not available to his code
PENDANTS who have not the same ad-
vantage.
See also Easton VS. O'Reily, 63 Cal,
30S. Also Sec. 1913, c. c.
The record-union., 1898-12-19
Grim, No. 474-Department One
Filed December s. 1889

Filed December :, 1889
People, respondent; Charles Worth
ington, appellant. Murder. Affirmed
If a quarrel which ends in a killing
is shown to comprise but a single brOil
or affray, then the killing may consti-
tute the crime of manslaughter; but if
the immediate affray resulting in the
death Of the deceased may be consider
ed as a separate and distinct encounter
then the Appellate Court cannot say
in law that the killing was not murder
And whether the killing occurred in
a separate and distinct encounter from
the first affray is question of fact
for the jury.
COnceding defendant was in a daZed
condition of mind at the time of the
killing, if such condition was not
caused by the unlawful act of the de-
ceased. then the defendant may not
The record-union., 1898-12-19
Grim, No. 420-Department Two

Grim, No. 420-Department Two
Filed December s, 1899
People, respondent; Boo Doc Hong
appellant. Practicing medicine with
out certificate. Affirmed
The rule regarding the presumption
of innocence in a criminal case and the
burden upon the people to establish a
defendants guilt does not apply when
there is a negative averment of a fact
which is peculiarly within the knowl-
edge Of the defendant.
When the subject matter of a mega
tive averment lies peculiarly within the
knowledge of the other party, the aver
ment Is taken as true, unless disproved
by that party. Such is the case in civil
or criminal prosecutions for penalty
for doing an act which the statutes do
not permit to be done by any persons
except those who are duly licensed
therefor.
The record-union., 1898-12-19
(Sac. No. 463-Department Two-Filed
December S 1889

(Sac. No. 4G3-Department Two-Filed
December s, 1889
San Francisco and San Joaquin Valley
Railway Company, respondent; George
H. Gould, appellant. Action to COM
denim right -of-way. Reversed.
If a right-ofway be sought, the COM
plaint must show the location, general
route and termini, and must be ac-
companted by a map thereof so far as
the same is involved in the action of
proceeding, also a description of each
piece of land sought to be taken and
whether the same includes the whole
or only part of an entire parcel or
tract. Sec. 1914, c. c. P, subdivisions
and D. Held, that the description of
each piece of land sought to be taken
means such description as will readily
and conveniently identify the land be-
fore the road is constructed and upon
which alone its construction is to be
authorized by the judgment Also, by
map is meant not only a delineation
on paper or other material giving a
general or approximate idea of the sit
uatiOn Of the road, but also such full
and accurate notes and data as are
necessary to furnish complete mea IS
for identifying and ascertaining the
precise position of every part of the
line with courses and distances
throughout, so that there can be no
doubt where any portion of it is to be
found
The record-union., 1898-12-19
(Sac., No. 430-Department Two-Filet
DaParohar- - 1903
MunyOn's sHeadache and IndigestionCure

is the only remedy on the market that
will cure every form of Headache in to
10 minutes, correct Indigestion. stimu-
late the nerves and build up the system.
1t should be in every home and every
travellers gripsack. At all Druggists. 25
The record-union., 1898-12-19
I1,1nertineut,

Miss Howler (who sings)-That gen.
tleman you just introduced me to said
he would give anything if he had my
voice BY the way, what business does
he follow?
Friend-He's an auctioneer.-Town
Topics
The record-union., 1898-12-19
Far w orse.

Straightforward in trouble. My land
lady told me I'd have to settle UP or
leave
Giggleton-Why. you're in luck, old
fellow. I'm in a worse fix than that
My landlady told me I'd have to settle
up before / could leave.-Harlem Life.
The record-union., 1898-12-19

contract of insurance.
(S. F., No. ], ,129 = Department One
Filed December 13, 1899
Charles G.. Kuhlman, petitioner; Su-
perior Court, respondent. Review of
contempt proceeding. Superior Court
order annulled.
The Coroner of San Francisco is
county officer (kahn VS.. Sutro, ia
Cal, 316) and his powers and duties
are set forth in the County Govern
ment Act and in the Penal Code. Held.
that all the provisions of the Act of
1877 (Stats. 1872, p. 1860, which are
covered by that general legislation are
repealed.
Section 1913 of the Penal Code pro-
vides "A witness served with a sub
pena may be compelled to attend and
testify, or punished by the Coroner
for disObedience in like manner as up
on a subpoena issued by a Justice of
the Peace" Held, that this section
of the code deals directly with wit
nesses refusing to attend and testify
before the Coroner, and by implication
necessarily repeals all parts of the Act
of 1872 treating upon that subject
Therefore, an order of the Superior
Court, based upon purported authority
found in Sections II and Is of the Act
of 1872, and the law there found being
repealed, the entire proceeding taken
and had before the Superior Court
must fall to the ground.
It is only in those special cases COW
cred by the section (Sec II of Act of
1872, and where the warrant of arrest
alone is issued by the Coroner, that
the proceedings there laid down may
be invoked. The measure of the pow
er is found in the section itself 1t
gives the Coroner no authority to pun
ish anybody, and whatever the nature
of the proceeding, whether a simple
contempt or a trial of a criminal case,
the power rests in the court alone to
try it ard adjudge the punishment
The record-union., 1898-12-19

THE BOARD OF SUPERVISORS OF
its intention TO purchase from James
Touhey certain real estate situated in
Sacramento City, Sacramento County
State of California, known as lot number
Three in the block or square bounded by
II and / and Sixth and Seventh streets Of
said Sacramento City at and for the sum
of $4,000 to be paid therefor and THURS
DAY, December 22, 1898, at 10 o'clock a.
m. at the rooms of the said Board of Su-
pcrvisors, corner Seventh and l streets of
said Sacramento City, is fixed as the time
and place when said Board of Supervisors
will meet to consummate such purchase
and this notice shall be published for
three weeks in the "Record-Union'' of
Sacramento City, a newspaper of general
circulation published in Sacramento
County.
Attest: w. B. HAMILTON
Clerk of said Board
BY 3; Fl. Gallup, Deputy Clerk.
, By B. H. Gallup, Deputy Clerk. n30-21t
The record-union., 1898-12-19

Since the passing of the first Vaccl-
nation Act in England, in 1871, the
death rate from smallpox has fallen
from $40 TO 90 per million.
The record-union., 1898-12-19
wATERHOUSE & LESTER.

Uncorported.)
WAGON AND CARRIAGE MATE.
rials, Hardware, Lumber, Iron. Steel ano
ooal Horseshoers' and Blacksmiths' Sup
plies. 709, Ill. 713. 715 street Sacramento,
The record-union., 1898-12-19
TRUSTEES SALE.

PURSUANT TO THE PROVISIONS
NORVAL HARRISON of the county of
WILLIAM BECKMAN and J. l.. HUN
TOON both of the city of Sacramento,
county of Sacramento. State aforesaid, as
trustees, dated January 10, 1894 and
corded on January II, 1894, in the office
of the County Recorder of the county of
Butte. State of California in book ''38''
of deeds, at page GIL and on applca-
ton of the holder and owner of the
promissory note secured to be paid by
said deed of trust, and because default
has been made in the payment of the in
debtedness secured to be paid by said
deed of trust, the undersigned trustees
will sell, at public auction. to the high
est and best bidder for cash. in United
States gold coin, at the front of the
courthouse of the county of Sacramento,
in the city of Sacramento. State of Cali
fornia, on FRIDAY, the 9Th day of Janu-
ary 1899, between the hours of l p. m.
and d. m. (said sale commencing al the
said hour of l p. m. of said day.. the fol-
lowing described real estate with the i'm
provements thereon, situated in the coun-
ty of Butte State of California, to wit
All of section one, the east half of the
east half of section twelve. and the east
half of the east half of section thirteen,
all in township eighteen north range one
east Mount Diablo base and meridian.
WILLIAM BECKMAN,
J. L. HUNTOON
Trustees
Sacramento, December 13 1898.
dl3 to jan6
The record-union., 1898-12-19

(Sac., No. 352-Department One-Filed
December 8, 1899
j. r. HOdson, respondent; A. K. Var
ney, appellant Claim and delivery. Re
versed
Oral evidence is inadmissible to vary
or contradict the terms of a written
contract
The record-union., 1898-12-19
Hair Ornaments.

Side combs with jewel set
tings, 25c, soc and 75c.
Large variety of plain side
combs, I21c to ooc pair.
Back combs in the new shapes,
25c, SOC, 75c to $50.
Fancy hair ornaments with two
prongs, SC, Ioc, I5c and 25c.
The record-union., 1898-12-19

be held guiltless of murder of the Sec
ond degree, at least.
The record-union., 1898-12-19

sured cannot complain if the risk as
sured does not cover the loss.
An alteration in the use or condition
Of a thing insured from that to which
it is limited by the policy, which does
not increase the risk, does not affect
contract of insurance.
The record-union., 1898-12-19
(Sac. No. 310-Department Two-Filed
December s, 1852

Nofsinger, respondent; Goldman ct
al, appellants. Damages for personal
injuries. Affirmed as to certain de-
PENDANTS, reversed as to others
One who has suffered another to give
credit or incur a liability upon the
strength of his representations, made
or permitted. that he is in fact a part
ner, will not hereafter be allowed to
deny those representations. But, no
one IS liable as a partner who is not
such in fact, excepting as is provided
in section 2444, c. c.
contract for the mere leasing and
hiring of a machine, with an agreement
for share of the profits, does not con-
stltute q partnership.
The proved relationship between fine
parties overcomes any slight evidence
tending TO show that the relations Of
the parties bore a likeness to the part
nershlp relation, and particularly
where the acts of the so-called partners
are shown to be quite consistent with
their general method of business.
(Sac., No. 430-Department Two-Filed
December s, 1889
J. NJ. Slinkard. Jr.. respondent: Man.
chester Fire Insurance Company, ap-
pellant. Action upon policy. Re-
verSed.
The policy covered a. harvester while
IN use" Held, that a machine cannot
be said to be lin use" when it is stored
away in a shed after the harvest is
over, and is, in fact, in disuse
An insurer is not liable except upon
proof that the loss has occurred within
the terms of the policy, and when
making the policy he is at liberty tn
select the character of the risk he viii
issue. If the terms of the risk are
distinct and without ambiguity, the as
The record-union., 1898-12-19
IChildren's HandkerChiefs,
Il5C box.

Come with assorted colored
borders and are put up in fancy
boxes, I5c box.
Children's white handkerchiefs
with embroidered initials in corner
and put up in pretty boxes, r25c
box.
The record-union., 1898-12-19

(Sac. No. 310-Department One-Filed
December :, 1889
T. E. Langley, respondent; Joseph V.
Rodriguez, appellant. Contract. Re
versed.
The law does not permit proof of
contemporaneous or prior oral agree
ment to detract from the terms of
contract in writing. Nor can this rule
be avoided by showing that promise
outside the writing mas been broken;
such breach in itself does not consti-
tute fraud. But a promise made with
out any intention of performing it is
one of the forms of actual fraud, and
cases are not infrequent where relief
against a contract reduced to writing
has been granted on the ground that its
execution was produced by means Of
oral promises fraudulent in the particu-
lar mentioned, however variant from
the terms Of the written engagement.
The record-union., 1898-12-19
MONDAY, $50.
Wrought Iron Um=I
brelIa Stands, CandleI
Sticks,Wax Candles
Etc.

Prepare for rainy
weather by getting
one Of t h e S e |
wrought iron UNI
brella stands, in
fancy designs and
20 inches high.
Will hold eight
The record-union., 1898-12-19
SUPREME COURT DECISIONS.
SYLLABI,

SYILABI
(Sac. No. 459-Department Two-Filed
December s, 1889
Benjamin F. Porter, respondent; Las
sen County Land Company ct al, de-
PENDANTS. Foreclosure. Appeal dis
missed.
Notice of appeal must be served upon
all adverse parties in order to give the
appellate court jurisdiction thereof.
A second mortgagee, with certain
rights secured to him by the judgment
Of foreclosure, is an adverse party with
In the meaning of the term.
The record-union., 1898-12-19
NEARI7 400 PEOPLE HERE TO SERVE YOU QUICKLY AND
Store Open Evenings, 9 O'clock.
I|oliday Trade
Hi This Year.

IhlS Year.
ss We have never
!: : 8 8 :: !: ; ]: ]: ! J
,.rEC1Uk>sS1 done so thriving a
SY 5S .&,a holiday trade as al
SiM MkJeST present. Thousands
81 of Gus om S
- & : - throng our eoun-
y a. ters daily and attest
e.'- va. thereby that our
goods, assortments and prices are
to their liking.
This is not surprising when it
IS taken into consideration that
large part of our merchandise
comes direct from the factories,
and that we own it at the least
possible cost. On the other hand,
we sell for cash, and can and do
name lower prices than otherwise
possible.
Much the largest stock of holi-
day goods in Sacramento or vicin-
lty IS here. If your time for buy
ing is limited, it will be we'll to re-
member that the strongest proba-
billty OF finding what you want is
here.
Extra salespeople, packers, de-
hvererS OF goods. etc. in order
that everyone may be served
promptly.
The record-union., 1898-12-19
nONDAY'S IN.
PRICE, OG

LOT PA fancy novelty about
II inches high consists OF cute
paper doll faces in black and
white, with colored tissue paper
dresses. Under the dresses is a
receptacle for candy and other
holiday gifts.
MONDAV,c
The record-union., 1898-12-19
Women's Walking Gloves
Dents STYLE; S1.5O.

These are far more durable than
the regular kid gloves. Easier to
put on and warmer. Very suitable
for tailor made costumes. SI.5O
pair.
The record-union., 1898-12-19
MONDAY, $3.50.
Dressed Dolls and
Paper Dressed Dolls.

This doll is selection from our
regular dollar dressed dolls and
excellent value at that price.
Length 10 inches, with full jointed
bodies and attractively dressed in
satins and, laCeS.
The record-union., 1898-12-19

Beauty Pins of rolled gold
wire for cuffs and waists, 2 for SC.
The record-union., 1898-12-19

LOT 3-Fancy colored wax
candles, cable twist and in assort-
ed shades. Right size and for
large candle sticks, especially
wrought iron candle sticks, as in
Lot 2.
Mondays Price, 124c each.
The record-union., 1898-12-19
Silver r1Ounted Articles.

Nail brushes, nail files, button
hooks, silver mounted, 45c each.
The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1898-11-09
HOW HE JOINED THE CLUB.

1 don't know that there is any such
thing as club government said the
man who had picked three winners at
Highland park that day, "but they
come nightly near having it down in
New Orleans. The Grand opera house
is owned by a club, the French opera
house is practically run and upheld
by club, clubs run the social whirl,
days year, rain or shine, are support
ed by a club.
"Of course you've heard of the fam
Gus Metairie Racing Club that was.
There was an aristocratic monopoly
for YOU. 1t was composed of the best
men of the south. ana no amount Of
money could buy a membership if the
man proposed was Objectionable upon
any grounds. Charley Howard, then
the notorious president of the Louisia-
ma lottery, would have given a million
to get into the Metairie. He had a few
friends in the organization, but the
large majority held that he was a COM
mon gambler and persistently kept him
out.
Three times Charley was thrown
down. Then he saw that his case was
hopeless and he went out for revenge
He supplied the friends referred to with
all the money they wanted and they
bought up all the stock, giving Howard
absolute control of the whole thing
What he did was characteristic, for
he sold the magnificent grounds to the
city for a cemetery, and then boosted
how he had killed and buried the Me-
tairie Club"