davidaulloa/AmericanStories huggingface dataset:
The Advocate and news., 1898-03-09

The New York Journal, which is no.
toriously unreliable in its news reports,
sold a million copies a day during the
week after the Maine explosion, while
the New York Post, which is fairly re-
liable, sold $4,000 copies per day.
The Advocate and news., 1898-03-09

Continued from page iS.)

Continued from page 49,
tho land at the time Of the attempted
service.
T. Knott v. Tade, IS Kan, holding that
the return must show that the notice was
posted In conspicuous place In the County
Clerks ONCE, followed.
All the Justices concurrlng.
A true copy.
Attest: JNO. MARTIN,
Iseall Clerk Supreme Court.
No. 1O534
Josie Webb
Vs.
John g. Branner
Error from Shawnee County.
REVERSED.
Syllabus. BY the Court. Johnston. J.
]. Where there Ia a statement in a case
made that II contains the substance of all
OF the testimony" the evidence will be
deemed TO be before the court for purposes
Of review.
g. An administrator or guardian is pro-
hlbited from purchasing trust property at
who does not pay any consideration, and
who Immediately transfers the property
20 the administrator or guardian, is void,
and as much violation OF the hdu-
ciary relation and as great q fraud In the
eye OF the law as II the sale had been
made directly to himself.
3. Although a final settlement is made
by the administrator or guardian, the
owner Of the land and beneficiary of the
trust will ordinarily not be estOpped from
asserting title to land so wrongfully OBJ
tained by the trustee, unless the bene-
fciary had full knowledge Of the wrongs
practlced by the trustee and Of the facts
upon which the rights of the beneficiary
are founded.
4. Nor can the fact that the trustee
made improvements on land 80 obtained
during the infancy of the beneficiary, and
with her knowledge, prevent her from
claiming the land after she atteains her
majority.
g. Instructions examined and some lam
guage pointed out which Is deemed 20 be
OF a misleading character.
All the Justices cOncurring.
A true copy.
Attest: JNO. MARTIN,
LSeall Clerk Supreme Court.
The Advocate and news., 1898-03-09
No. lOsSO

VB.
Orln Benjamin Atterberry.
Appeal from Rocks County.
AFFIRMED.
Syllabus. BY the Court. johnston, J..
l. In a prosecution for seduction under
promise OF marriage, the court instructed
the Jury that II was not necessary that
the promise OF marriage should have been
the sole inducement TO the intercourse,
nor that the prOsecutriX yielded 10 such
intercourse solely because OF the promise
OF marriage, but In the same connection
the jury were told that II was necessary
to prove beyond reasonable doubt that the
defendant promised TO marry the prose-
cutTix IL she would yield to his solicit
tations for the Intercourse, and that she
yielded because Of such promise, and with
out such promise being made she would
not have yielded: Held, not error
2. The rule that the character Of the
pTogecutrix for chastity cannot be Inn
peached by proof OF particular acts OF
unchastity or specific acts OF Illicit inter-
course by the prOsecutrlx with others, as
announced in the State VS.. Bryan, "a Kan.
6S, approved and followed.
8. Instructions are to be construed az
a whole, and an inaccurate expression in
one Of them is not ground for reversal
where It appears from the entire charge
that the jury were not led astray by the
inaccuracy.
A. II Is the duty of counsel who expect
10 rely on an error of the court in admOn-
ishlng a jury at an adjournment to cal
the attention OF the court to the error
when the faulty admonitiOn Is given. II
they observe such error and fail to object
or otherwise call It to the attention of
the court 1t will not ordinarily constitute
q ground Of reversal.
All the Justices cOncurring.
A true copy.
Attest: JNO MARTIN,
[Seal1 Clerk Supreme Court
The Advocate and news., 1898-03-09
No. 1886.

The State Of Kansas, ex. rel II. c. Stafford,
County Attorney,
VS.,
The Topeka Water Company.
Original Proceeding in Quo Warranto.
JUDGMENT FOR PLAINTIFF.
Syllabus BY the Court. Allen, j.
1. Unless necessary to the determination
of the rights of the parties before 1t, the
court will not discuss questions Affecting
large interests Of others who are not par
ties to the case.
O. A corporation created and organized
under the laws OF this State which fails
for more than six months to keep It's gen.
eral offices for the transaction of business
within this State as required by sections
AZ and 43, and fails to keep the Office of It's
treasurer and its moneys within this State,
as provided in section A Of chapter 66 of
the General Statutes Of 1897, forfeits its
charter.
All the Justices concurring.
A true copy.
Attest: JNO. MARTIN.
LSeal1 Clerk Supreme Court.
The Advocate and news., 1898-03-09


No. 1860.
M. C. Willis
Frances Whitead, ct al.
Error from Brown County.
AFFIRMED.
Syllabus. BY the Court. Allen, J.
/. Both husband and wife are necessary
parties to an action to foreclose a mort
gage on their homestead, whether the
mortgage was given by themselves, or by
a party through whom their title was
derived, and where a mortgagee Is pro-
ceeding to sell the homestead under q
judgment rendered in an action to which
the husband only was a party, the sale
Will be enJoined in an action prosecuted
by the wife with her husband for that
purpose.
O. In such an action where it appears that
the homestead right covers only one acre
out Of tract OF five and three-fOurths
acres, the plaintiffs may select the acre
and the court thereupon enjoin a sale
'Of 1t.
All the Justices concurring.
A true copy.
Attest: JNo. MARTIN,
lSeaLl Clerk Supreme Court.
No. 1O929.
The Provident Loan Trust Company
VS..
p. ]. Marks.
Error from Court of Appeals.
REVERSED.
Syllabus. BY the Court. Allen, ].
]. In an action to foreclose a mortgage
on land, all persons who have, or claim an
interest In the mortgaged property may
be made parties, and where 1t is alleged in
the petition to fOreclose a mortgage that
ID. has or claims an interest in the pro-
eTty, but that such interest accrued sub
sequent to the mortgage and is subject to
the lien thereof and ID. being served with
process makes default, he is bound by a
foreclosure and sale OF the property al
though his title was paramount and SUI
perior to the plaintiffs mortgage.
2. The truth Of the PLAINTIFFS petition is
duly served, and he may not in subse-
quent action relating to the same subject
matter between the same parties, or their
privies, assert the falsity of the matters
so admitted.
g. A judgment in an action for the re-
coVery of the possession of real property,
brought against q mortgagor in possess
sion and a mortgagee holding mortgage
executed by him, rendered against the
mortgage by default, and against the
mortgagOr after trial, for the recovery of
the possession of the property, is not an
adjudication as to the right of the mort
gagee to a lien on the land under his
mortgage Having neither title to the land
nor right of possession he is not called
on to defend an action in the nature OF
ejectment.
All the Justices concurrlng.
A true copy.
Attest: JNO. MARTIN,
[seall Clerk Supreme Court.
The Advocate and news., 1898-03-09

was given TO the plaintiff by his son and
sOn-in-law, who were partners, and II was
claimed by the defendant that the mort
gage was fraudulent, II is error to charge
that the near relationship OF the parties
affords ground for suspicion and casts on
the plaintiff the burden Of proving the
good faith OF the transaction, or, that
knowledge OF, or notice TO the creditor,
OF an intent on the part of the debtor to
hinder, or defraud, his creditors will rem
der the mortgage void even II made in
good faith to secure valid debt, or that
taking security on more property than is
necessary to pay the debt is badge
of fraud.
3. Instructions should be applicable to the
facts OF the case on trial. Where the ques-
tiOn at issue was the validity of a mort
gage under which the plaintiff claimed,
II was error to give the jury the first
part Of the third section of the statute
OF frauds, which relates only to sales of
personal property, and has no application
To chattel mortgages.
All the Justices concurring.
true copy
Attest: JNO MARTIN,
[Seall Clerk Supreme Court.
The Advocate and news., 1898-03-09


AFFIRMED
Syllabus. BY the Court Allen, J..
l. In an action by an employe against
the receivers of railway company to
recover damages for Injuries received
in the course of his employment, where the
appointment and qualification of the re-
ceivers is admitted by the answer filed
by them, and other issues are presented
as to the merits of the case, and the trial
proceeding throughout without any ques-
ton being brought to the attention Of the
court as to whether the receivers were in
possession of the particular train causing
the injury, and where the testimony Of
fered and the instructions asked by the
defendants impliedly admit that they
were operating the train, this court will
not reverse a judgment rendered against
them merely because OF a want OF formal
proof that the train was operated by em-
ployes Of the receivers.
q At common law, a conductor having
full charge and control of train OF cars
Is not o. fellow servant with brakeman
the conductor is the representative of the
principal, and the latter Is responsible TO
the brakeman for the conductors negli-
gence.
3. Where a conductor Of q railway train
orders a brakeman to hurry up and ex-
anime the couplings and get the train in
shape, and promises the brakeman that
he viii keep watch, and thereafter while
the brakeman is engaged in removing a
detective and unsuitable rod used in
coupling, without warning signals the en-
gineeC to back other cars against the sta
tionary ones, and thereby causes the
brakeman to be rum over and manned, AZ
Is within the province of the jury to
determine whether the injury is attribu-
table to negligence on the part OF the con-
ductor, or OF the brakeman, and verdict
finding the conductor guilty OF negligence
and assessing damages against the Feceiv-
ers OF the company in charge Of the prop
erty will not be disturbed by this court.
All the Justices cOncurring.
Attest: JNO. MARTIN,
T9eal,l Clerk Supreme Court.
The Advocate and news., 1898-03-09
No. 1892.
The State of Kansas
vs..
William Mcdonald.
Syllabus.

SYLLABUS. by Jne COURT AHeH' D.
In a criminal prosecution for obtaining
q check for money by false pretenses,
where the transaction charged In the in
formation and shown by the evidence,
is a sale of purported school district or"
ders, which were invalid and without value,
the mere fact that the defendant endorsed
the warrants and thereby rendered himself
liable as a guarantor for the amounts
stated in them, does not necessarily dereat
a criminal prosecution. If the party de-
fTauded parted with his money on the
faith of the false pretenses, and did not
rely OH the personal responsibility of the
defendant, a conviction may be had.
2. In such a case where the information
charges the defendant with obtaining q
check on n bank, and afterwards obtaining
money on the check from the bank, ana the
State before the conclusion or the trlal
elects to stand on the charge or obtaining
the check the statement or all tnese Iacts
in the information affords no ground lot q
reversal of the Judgment
9. Testimony considered and held suffl-
cient to sustain conviction.
All the Justices concurring.
Attest: JNo. MARTIN,
TSeaI1 Clerk Supreme Court.
In the Supreme court of the State of
Kansas.
I, Jno. Martin, Clerk Of the Supreme
Court of the State of Kansas, do hereby
certify that the foregoing are true ana
correct copies of the syllabi of the decis-
ions in the above entitled cases as the
Witness my hand and the seal or the
Sulreme court this 7th day OF March, 1888
Attest: JNO. MARTIN,
TSeal1 Clerk Supreme Court.
The Advocate and news., 1898-03-09
No. 1O54S.
Edgar Harding
vs..
]. w. Greene.
Error from Kingman County.
REVERSED.

Syllabus. BY the Court. Johnston, j.
l. A tax deed to city lot was held to
be void and the holder OF the same claimed
q lien for the taxes, penalties and costs.
In the tax proceedings the lot was as
aessed to two owners, part Of the lot
TO each. There was nothing TO indicate
what part OF the lot was owned by or
intended to be assessed to each owner,
nor that both together were the owners
OF the whole OF either lot, nor was there
any testimony % show that either owner
was In the actual possession of any par
uculaT parts Of the lot Or that the same
portions were not assessor or taxed for
the same year by other description: Held,
that the description was too indefinite
and imperfect to warrant the allowance
Of tax lien upon the lot or amy part
thereof.
2 The fact that the tax deed issued pur-
ported to convey the whole OF the lot did
NOT operate to cure the indefinite assess
ment nor 10 supply the proof that the tax
was actually levied against specific and
definite parcel.
All the Justices concurrIng.
A true copy.
Attest: JNo. MARTIN,
lSeall Clerk Supreme Court.
The Advocate and news., 1898-03-09
Frank w. Haenky, ct al,
VS..
Joseph Weishaar, ct al.
Error from Jefferson County.
REVERSED.
Syllabus. BY the Court Allen, j

GVERSED,
Syllabus. BY the Court. Allen, j..
Fl. and W., contemplating marriage en-
tered into an ante-nuptial contract, by the
terms of which it was agreed that an
eighty-acre farm and the accumulations
thereof on the death Of both of the parties
to the contract, should be divided in equal
shares among the five sons of W., by a
former husband and whatever children
should be born to the parties to the con-
tract Held, that the word "accumula-
tiOns" does not include lands subsequently
purchased and decided to H., whether paid
for from the products Of the land mem
toned in the contract or not; that the word
Accommodations" as used in this connec-
tion included only Improvements and bet
terments of the land itself, and whatever
would pass with the original tract as q
betterment or accretion.
All the Justices concurring.
A true copy.
Attest: JNO. MARTIN,
[Seal.l Clerk Supreme Court
The Advocate and news., 1898-03-09
No. 1882.
Il. NJ. Gilmore
VS.
H. c. Swlsher, ct al.
Error from Usage County.
REVERSED.
Syllabus BY the Court. Alien, ]
Syllabus,

Syllabus BY the Court. Alien, J.,
]. Unnecessary collateral issues calcu-
from the substantial issues in the case
should be avoided. In an action involving
the validity Of chattel mortgage claimed
by the defendants to be fraudulent, where
a property statement purporting to have
to a commercial agency, is offered In evil
dence and the signature to IL Is denied,
II Is error to enter into an inquiry into
the genuineness Of letters also purpOrt-
ing to have been signed by the mortgagors,
to be used as a basis OF comparison by
experts with the signature to the property
statement, where the genuineness OF the
signatures to letters is not conceded.
the party alleging Il. Where mortgage
The Advocate and news., 1898-03-09
No. 1896.
No. 1O495
Susie Evans, ct al,
VS..
Joseph Bushnell, ct al.
Error from Shawnee County.
pmUnpcMn

Error from Shawnee County.
REVERSED.
Syllabus. BY the Court. Allen, J.,
A return of the Sheriff on an order for
the sale OF land, which fails to show that
notice OF the sale for the time and In the
manner required by law was duly given,
is irregular, and the irregularlty is not en-
tlrely cured by an accompanying affidavit
omitted from the return. Where the sale
was made at wholly inadequate price, 1t
is error to confirm It on such a defective
return.
DOster, C. j., conourring.
Johnston, j., dissenting.
A true copy.
Attest: JNO. MARTIN,
[Seal.l Clerk Supreme Court.
The Advocate and news., 1898-03-09
No. 1887.

No. 1887.
w. ]. Jones, ct al,
vs.
Alice l.. Kerr
Error from Lyon County.
AFFIRMED.
Syllabus. BY the Court. Allen, j
Where father executes deed for val
liable lands to his daughter as a gift, and
delivers 1t Internationally to his son fol
her, her acceptance Of the deed will be
presumed, and 1t will ordinarily take effect
from the time of the delivery to the SON
All the Justices concurring.
A true copy.
Attest: JNO. MARTIN,
[Seall Clerk Supreme Court.
The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1898-05-11
Cure for Group.

\ounl.. will make a mothers Leart
AM -t'll with a.arm and terror more
quickly -. Tear the hoa. whist
ling, s,u 'rouS brca. :raup; but
at the same time if ". ',nnw Ast what
TO do, and if it can oe uoae quickly,
We need not fear the Group. Many of
us are so situated that a doctor could
not be got until too late, and if VIC on
ly remember that little strained hon
ey put onto piece Of heavy writing
paper and held over lamp till it
boils, and when cool enough give the
suffering tot few spoonfuls of it, the
Group will give up its hold for that
night. But should that be failure,
then take shovel of hot Goals or hot
stove lid and drop few drops of pine
tar and turpcntine on either, and let
the child breathe the fumes of the
burning tar and turpentinc. Both of
these remedies are old and tried and
true, and anybody having occasion TO
test them will not be disappointed in
the result.
The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1898-05-11

Americans will be welcomed by the
Cubans, and given concessions greater
than any other nation. The relation
ship between the countries will be
very close and the commercial inter
ests Of one identical with those Of the
other.
On account of its climate Cuba has
great recuperative powers, and when
the patriots have beaten the sword
into the plowshare it will be but a
short time until all traces Of the re-
cent devastation will have disappear
ed. There will be no further destroy
ing of crops, as the insurgents
hold the situation, and the rainy sea-
son now approaching will obliterate
many signs Of ruin made during the
past two years. The pearl will cast
its radiance over all the globe, of the
Antilles will shine all the brighter for
its baptism in blood and whether it be
only single gem or is worn in Coluna-
bia s crown.-Chicago Times Herald.
The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1898-05-11
Cure for Asthma.

Seeing in your columns a request
from one of the sisters for cure for
asthma, and also the remedy given by
another sister (Which remedy, accord
ing to my experience, only relieves
the paroxysm, but does not prevent
its return), I would like to give both
sisters simple remedy, much used in
this section, to prevent the paroxysms
of this distressing disease / believe
there is no permanent cure for this
trouble, unless it be in child, who
might outgrow it.
Procure porous plaster, which can
be purchased from any drug store for
the small amount Of 90 cents, cut into
two parts, place one-half on the chest,
allowing it to come as high as the col
lar bone; the other half between the
shoulders. Wear until the plaster
falls off, then renew.
My father was subject to asthma,
but by using this remedy for many
years he was entirely free from it.
When married my husband he bad
brother who suffered most dreadfully
from asthma, and for weeks at time
could not lie down in bed. He tried
this remedy, and he has not lost
nights sleep since he has worn the
plaster. His health is better and he
is stouter than he ever was in his
life.
These plasters should be worn con-
tinually, as if they are of for any
length of time the paroxysms are apt
to return.-Aunt Jane, IN Home and
Farm.
The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1898-05-11
Peanuts as Food.

"What is your opinion Of peanuts as
food?"
The peanut is one of the most nu-
tritious and concentrated of all foods.
1t contains, in addition to large per-
ccntage of proteids, or nerve and mus
Gle building elements, very large
proportion Of very digestible fat.
There is perhaps no food which excels
it in blood, muscle and strength pro-
ducing qualities.
In it's raw state it is very indigesti-
BILE. AS usually offered at peanut
stands, roasted, it is also difficult Of
digestion. Roasted peanuts swallowed
without thorough mastication may re-
sist the digestive action Of the stom-
ach and bowels for weeks. In several
instances the writer has removed from
the stomach portions Of peanuts which
had been eaten two or three weeks
before, but which were in a state Of
remarkably good preservation. When
properly prepared, however, the pea
nut is very digestible, and exceeding
ly nourishing as we'll as wholesome.
One method Of preparing it, which
can be employed by any one. is the
following: Shell the raw nuts and
blanch by pouring boiling water over
them. After they have stood few
minutes, the skin can be easily rubbed
off. Add to a pint of the blanched
nuts about two quarts Of water; put
them into bean pot; heat TO boiling;
then place in slow oven, and cook
for nine or ten hours. When done,
they should be soft, mealy and rich
with juice. No seasoning except a
little salt will be required.
A new preparation into which the
peanut enters largely. and which is
highly digestible and nourishing is
known as Nuttosc. 1t is prepared by
subjecting the nuts, after the prelimi-
nary processes of preparation, to the
action of superheatcd steam. The re-
suit is a very toothsomc and dainty
substance, which remarkably resem-
bles meat, and which may be prepared
with other foods in such way as to
give meaty flavor and appearance
John II. Kellogg, D. d., in The Voice.
The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1898-05-11
The Longevity Of Canned Food.

1t is only fair to state that timed
meat still holds the record for long
evity. Witness the case of that pre-
served mutton vouched for by DR..
Letheby in his Cantor lecture, which
had been timed forty-four years: and
was still in good condition at the end of
that time. Those tins had an adven-
turous career. In 1924 they were
wrecked in the good ship Fury, and
cast ashore with other stores on the
beach at Prince Inlet.
They we're found b. Sir John Ross
eight years afterward in a state of per-
feet preservation, having passed
through alarming variations of tempe
rature annually-from 32 degrees be-
low zero to so aboye-and withstood
the attack of savage beasts, perhaps
of savage men. For sixteen years
more they lay there boiled and frozen
alternately: then her majesty ship
Investigator came upou the scene, and
still the contents were in good condi-
ton. For nearly a quarter of a CEN
tury they had witbstood the climatic
riyors, and, as was but natural, some
of them were brought home again.
where they lived on in honored old
age, till they were brought under the
notice Of DR.. Lctheby.-Good lFor'ls.
The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1898-05-11
When to Give Baby a Drink.

An eminent children's physician is
reported as saying that infants, gener
ally, whether brought up at breast or
artifcially, will, in warm, dry wealth
er, take water ever hour with advant-
age, and their frequent fretfulness and
rise Of temperature are often due to
their not havingit. In teething, spoon
fuls of water given every hour, or
oftener, cool and soothe the gums, and
this, with larger cooling evaporations,
often stops the fretting and restless
ness 60 universal at this period.
In teething and other disturbances
the feyersh condition demands more
water to meet the extra evaporation
from the skin and lungs and keep the
body cool. The young child may be
parched with thirst, but be unable to
tell or make known it's wants. 1t is
well to always test this-that is, when
ever a child is uneasy give it few
teaspoonfuls of water, and if this is at
all quieting, Immediately, or after
few minutes, give more as often or as
long as it is accepted and appears use
full. If the water is reasonably pure,
no harm can come if not enough cold
water is taken to produce a chill of
the internal organs Of the body.-Ea-
change.