davidaulloa/AmericanStories huggingface dataset:
The Advocate and news., 1898-01-26


so far contributed to the misfortune By
his own negligence or want or ordinary
care and caution, that, but therefor, the
misfortune would not have happened. If
so, there can be no recovery.
All the Judges concurrlng.
A true copy.
Attest; w. o. CHAMPM
BY E. L. Eaton, Deputy.
In the Kangas Court OF Appeals, Southern
Department, Eastern Division.
No. 2ss.
Uriah Dull, plaintiff In error,
VS..
D. r. Dumbauld, defendant in error
Error from cOffey County.
AFFIRMED.
Syllabus. BY the Court. Milton. J.
l. Error In the admission OF incompetent
evidence relating to an offer OF compromise
is waived whore II appears that the party
alleging such error thereafter voluntarily
testified In his own behalf concerning such :
Offer OF compromise.
2 Where the existence OF an alleged
agency depended upon large number OF
fuse an instruction to the effect that the
relation Of principal and agent could only
arise out OF an express agreement sup
ported by good and valuable consldera-
ton.
3. Some discretion necessarily rests with
the trial judge In respect to the submis~
sion OF particular questions OF fact to 9
jury, and whore IL appears from the gem
eral nature OF the questions refused that
to answer them statement OF numerous
facts would be necessary and that sub
stantially all Of the facts called for by the
questions refused were given In answer
TO other and more specific questions:
Held, that II was not error to refuse TO
submit such questions.
All the Judges concurrlng.
A true copy. )
Attest: W. o. CHAMPB, I,
BY e. L. Eaton, Deputy.
In the Kansas Court Of Appeals, Southern
Department, Eastern Division.
Edna Jones, plaintiff in error,
School District No. Ia Elk County, Kan
sas, defendant in error.
Error from Elk County.
REVERSED.
syllabus BY the Court. Milton, y
The powers conferred by law upon the
electors at an annual school district meet
ing are inconsistent with the existence
OF authority in the school board OF such
district, to enter into binding con-
tract for the employment OF teacher
prior to the meeting, for term commence
Ing after such meeting,
q Where the petition alleged that the
school board Of the district prior to the
annual meeting thereof, had employed the
plaintiff, legally qualified teacher, undeP-
a written contract to teach for term
OF eight months commencing after said
annual meeting; that the new board there
after met and recognized by their acts,
the existing contract with the plaintiff;
that plaintin pursuant to the terms OF the
contract and with the fun knowledge and
consent of the school board, taught In the
which she received her wages each month
according to the terms of the cOntr2cti
that the plaintiff was then discharged
by the school board without just cause
or excuse, and was not permitted any
longer to teach In the said school; that
thereby she lost all opportunity to obtain
a school and suffered q loss OF wages In
the sum for which she asks Judgment
Held, that the same contract became bind
ing upon the district board by it's adup-
ton and ratification thereof.
All the Judges cOncurring.
Attest: w. o. CHAMPE,
[Seall Clerk.
BY q. l.. Eaton, Deputy.
Kansas Court OF Appeals, Southern De-
The Advocate and news., 1898-01-26

u NSA1"SN SoMN@Ay ~ AUeFi
Appellate Court Syllabi.
In the Kansas Court Of Appeals, Southern
Department, Eastern Division.
No. 24S
]. M. Courtney, Receiver, plaintiff in error,
VIZ,
The City OF Cherryvale, Kas., q. ID. Cau-
dry, Treasurer of the City OF Cherryvale,
Kas,, The Commercial Bank OF Independ-
enCe, Kas., and Geo. 4. Guernsey, de-
PENDANTS in error.
Error from Montgomery County.
AFFIRMED.
Syllabus, BY the Court Milton, ].
Under the allegations Of his petition
plaintiff Is held to have been a general
entitled to a perpetual injunction against
the payment Of n certain warrant drawn
by said city upon its Treasurer.
All the Judges concurring.
Attest: W. o. CHAMPE,
Iseall Clerk
In the Kansas Court of Appeals, Southern
Department, Eastern Division.
No. $780,
C. M Condor, plaintiff in error,
VS..
j. W. Marley, defendant In error.
Error from Labette County.
AFFIRMED.
Syllabus. BY the Court. Milton, J.
Where a party purchased real estate,
hotel property subject to a mortgage,
and held possession Of the property dur
ing the entire time Of the tendency of the
proceedings to foreclose the mortgage:
Held, that his right OF possession was not
diVeSted by the sale Of the property In
such proceedings but remained until the
sale was confirmed and deed issued. And
further held, that no right of action for
the rentals for the time intervening be-
tween the foreclosure sale and the deciding
OF the property accrued to the party pur-
chasing the same at Sheriffs sale.
All the Judges concurring.
Attest: W. o. CHAMPE,
[Seall Clerk.
BY E. L. Eaton Deputy.
In the Kansas Court of Appeals Southern
Department, Eastern Division.
No. 24O.
Y. g. Lathen, plaintlf In error,
Vs.
Olive Campbell defendant In error.
Error from Franklin County.
REVERSED.
Syllabus BY the Court. schoonover ].
/. A school district is a political subdl-
vision of the State, and when the voters
thereof legally assemble for the purpose,
aud make choice Of persons for public
officers, such a proceeding constitutes an
election by the people within the mean
ing of Art Nv Of our State constitution,
and the voting must be by ballot
q School districts are specifically ex-
empted from the operation of the Aus
tralian ballot act.
g. In all elections in this State, for the
choice Of any officer, unless 1t is other
wise expressly provided, the person hav-
ing the highest number of votes for any
Office shall be deemed to have been elected
TO that office.
u Hc Atoull VI a UdllOL CALlSbbeH AHN
election of the candidate and 1t Is not
necessary that such election be formally
declared
All the Judges concurring.
A true copy.
Attest: w. o. CHAMPE,
[Seal1 Clerk.
BY u. L. Eaton, Deputy
In the Kansas Court Of Appeals. Southern
Department, Eastern Division.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1898-04-21

This Company will reserves the right t.
make changes in the time of departure an6
arrival of its steamers wIthou: notice AM
1t will not be responsible for any conse
quences arising therefrom.
Consignees must be at the Landings &c
receive their Freight; this Company will
not hold itself responsible for freight afte,
il has been landed.
Live Stock only at owners risk.
This Company will not be responsible,
for Money or Valuables of passenger
unless placed in the care Of Pursers.
Packages containing personal effects
whether shipped as baggage or freight
IL the contents thereof exceed 500 90 in
value, must have the value thereof
plainly stated and marked, and the
Company will not hold itself liable for
any loss or damage in excess OF this
sum except the goods be shipped under
special contract.
All employees OF the Company are
forbidden to receive freight without de.
livering shipping receipt therefor in
the form prescribed by the Company
and which may be seen by shippers
upon application to the pursers Of the
Company's Steamers.
Shippers are notified that IL freight Is
shipped without such receipt, it will be
solely at the risk of the shipper.
Passengers are requested 70 purohas-
tickets before embarking. Those failing T.
do 30 will Q subject to an additional
charge Of twenty-five per cent.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1898-04-21
Nicely furnished rooms at the
Popular House, l54 Fort street
from 81. 90 per week up.

The Zealandia has brought the
usual supply of ice house goods
for Camarinos' California Fruit
Market, corner King and Alakea
streets. Leave your orders early
or ring up Tel. 1873.
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1898-04-21
CLAUS SPRHoKELs. WIN. @. IRWIN.
Claus Spfscksls Z 10.
BANKERS.


San francisco Agents-THE NEVADA BANK OF
Ban FRANCISCO.
DRAW EXCHANGE ON
Gan FRANCISCO Nevada Bank Of Ban
Francisco. 80,
LoNpoN-The Union Bank Of London, Ltd.
Nlw YoRK--American Exchange National
Bank.
CHIoAao-Merchants National Bank.
PARIS = Compton National dEscompt de
Paris.
BHRLIN-Dresdner Bank!
HoseKosa AND ACKNOWLEDGEMENTS q
Shanghai Banking Corporation.
NEW ZEALAND AND AUsTRALIA-Bank OF new
VICTORIA AND vANcouvER-Bank Of British
North America.
transact a General Banking and Exchange BUSINESS
Deposits Received. Loans made on APP
proved Security. Commercial and Iravelers
Credits Issued. Bills Of Exchange bought
and sold.
COLLECTIONS PROMPTLY ACCOUNTED FOB
Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1898-04-21
Stnr. CLAUDINE,
CAMERON, Commander.

Will leave Honolulu Tuesday at 5p.M.,
touching ct Kshului, Hama, Hamoa and
Ripahulu, Maui. Returning arrives q,
Honolulu Sunday mornings.
Will call at Nuu, Kaupo, on second tri,
Of each month.
1" No Freight will be received afte,
P. M. on day of sailing.
The times., 1898-09-08
Miss GouId,s Soldier Guests.

Tarrytown, N. Y, Sept 7-Comfortably
situated in the Tarrytown Hospital, as
the guests of Miss Helen NJ. Gould, are
fourteen sick soldiers, who arrived from
Mentauk Point yesterday morning. They
are to remain here until fully recovered
and will be looked after principally by
Miss Gould herself. There was some de-
lay in their arrival, caused by an order
issued by Gen. Wheeler to the effect that
no soldiers would be allowed 10 leave
Camp Wikoff after o'clock yesterday.
Mrs. Ellen H. Walworth, director gen.
pral o. the Woman's National War Re-
lief Association pleaded with the general
and finally got his consent to allow the
soldiers to go. She accompanied them.
They stopped at the Grand Union Hotel
last night.
There was large crowd awaiting their
arrival here, and they were eheered lusti-
ly as they fe,ebly made their way to the
stages. They are resting easy in the hos
pitaI, which is delightfully."- situated on
elevated ground in a secluded part of
Tarrytown. Large trees surround the
place. making it shady and cool.
The times., 1898-09-08
ANDRES HUT WRECKED.
Berlin Paper DenOunees the German
North Pole Expedition

Berlin, Sept. THE Berlin Tageblatt
publishes an article denouncing the man.
ner in which the German North Pole ex-
pedition. under the management of Dr.
Werner and Captain Rudiger, has been
conducted.
Although not duplicating DR. Werner
and Captain Rudiger directly, the Tage-
bIatt declares that there is ample proof
that several members of the expedition
who went on the steamer Heigoland, are
guilty of objectionable acts of vandalism.
They are accused of almost wrecking the
log house which the English traveller
Pike erected some years ago ON Danes
Isle. one degree north of Spitbergen. as
a shelter during his bear hunts. and
which Professor Andree utilized as a
storehouse of provisions and other in
dispensable articles for those of his own
or other parties which might be ship
wrecked
A company of tourists among whom
were the Bavarian minister. Won Crails-
helm. Professor klatsch. and Baron Won
SchIicht, the Heidelberg author. visited
Danes Isle on August 13 and found the
windows and doors lying about in inde-
scribale peIl-meH. Boxes Of preserves
and canned goods were broken open, and
il was evident that the men. after as
euaging their appetite. cared nothing for
what remained Members of the German
expedition had scribbled their names and
addresses on several cartes de visites. the
personal property of Professor Andree.
The times., 1898-09-08
SOLDIERS WELCOMED HOME.
Pottstovn Honors Returning Menu
hers of the Fourth Regiment


hers of the Fourth Regiment
oottsville. Pa. Sept. Amid the boom
of guns. changing of bells, racket of steam
whistles and cheers of thousands of peo-
ne Company F, Fourth Regiment. Penn
svlvania Volunteer Infantry and regi-
mental drum corps. arrived home at s
O'clock this morning from Porto Rico, via
transport Chester. which arrived at New
-ork yesterday. A civic and military
rarade. under the auspices of the First
Defenders Association. was largely par
1icipated in. After the parade the COM
pany and drum corps were given recep-
tion and banquet in Union Hall.
BUSINESS was for several hours entirely
suspended; schools closed, and many
shops and firms closed down for the
day. The company was met at Jersey
City by citizens committee. and pro-
vided for. The roster of Company F
shows that while in Porto Rico four of
their number died, and four were left in
Ponce. on account Of being too sick TO
board the transport. Thirteen were TAX
en- in charge at Jersey City and placed
on the State hospital train. which will
arrive this afternoon. preparations being
completed at the Pottsville Hospital for
their reception
Several of the company were in a
.righlfuI state of exhaustion when ar
irving here, and were Immediately placed
in charge of physicians. Out of the en-
tire membership of the drum corps only
one man was missing. a cornetist, who
was last evening taken TO the PennsyI-
yania Hospital at Philadelphia.
The times., 1898-09-08
RESEMBLES THE FATAL BOX.
More Evidence Obtained in the Poi
sOncd Candy Case.

sOncd Candy Case.
San Francisco, Cal, Sept. Another
fact of circumstantfal import has been
added by the police to the evidence they
are collecting in the effort to prove that
Mrs. CordeIia Botlin sent the poisoned
candy which caused the death of Mrs
Dunning and Mrs. Deane. When Miss
Emma Herber, saleswenaan in George
Haas candy store, first told of the mys-
terious woman who bought box of can
has now added a new chapter to it. She
was summoned before the chief of police
and made q sworn statement
In this statement Miss Herbef declares
that on Sunday afternoon, July 81 be-
tween 3:30 and 4:39 o'clock a short. stout
full-faeed woman entered the Market
Street candy store and asked for box of
candy. The woman said she was in a
hurry. She wanted special, unmarked
box that she wished to send to some
friends. She was particular to ask that
only chocolate candy be placed in the
box
Miss Herber was shown the box of pois-
oned candy that was sent to Dover. She
looked at it n moment and then said that
it was similar to the one she had sold to
her customer on the afternoon of July 81
Then the chief of police asked her TO
describe the paper in which the box was
wrapped. Miss Herber did so and iden-
titled the wrapper on the one sent to Do
yer as similar to that which she had used
The young woman will be given an op-
portunity later to identify Mrs. Botkin
if possible.
Cordelia Botkin was in court yesterday
morning. She had tastefully attired her
self in close-fitting suit of blue There
was about her that firmness and deter
mination which mark her as a woman in
thousand. When the habeas corpus
case was called MIR. Knight said there
was no desire on the part of either the
prosecution or defense to proceed, as the
time for action had not yet arrived By
consent of both sides. the case was con-
tinued until next Tuesday.
The times., 1898-09-08
ATTEMPTS SUICIDE.
Schoolgirl DisIiked Her Studies ana
Swallows ChIOrofOrm.


Orange, n. J.. Sept. 7.-Because her par
ents insisted on her going 10 school
against her will, Nellie Laidiaw. of Cherry
Street. West Orange, attempted yesterday
to commit suicide Nellie is a bright girl,
a good student and her aversion TO school
is a mystery. Her father is Walter G.
T.aidlaw About the middle of the spring
term she grew very moody and told her
parents she did not want TO go to school
auy more. They insisted that she finish
out the term, and she did. Since the fall
term opened her protests have become
more numerous. Every morning. with
tears in her eyes, she would beg her
father and mother not TO compel her TO
go to school.
Yesterday morning her pleading was un-
usually earnest and her parents unusually
stern. Just before she turned to go she
suddenly threw her arms around her
mothers neck and kissed her.
"Good-by, mamma" she said sobbing-
Instead of going to school she went to
a drug store.
Il have got a cat" she said. that is
getting cross, and 1 want TO kill her;
don't YOU think chloroform would be the
easiest death?"
The druggist thought so and gave her
vial of the drug. He handed her two
letters and asked her if she would please
mail them in a letter box across the
street. She smiled sweetly, and said Ger
tainly" He watched her drop them in
the box.
Half an hour later two laborers, pass
ing a grove in Hutton Park, found the
girl unconscious on the ground, the empty
vial beside her. Opening one of her school
books they learned her name and address
She was quickly taken to the hospital
She may recover.
The times., 1898-09-08
EXAMINATION OF CADETS.
Inquiry Into the Ability of Embryt
Naval Officers

Annapolis, Md, Sept. THE following
candidates, who passed the mental ex M
ination for admission as naval cadets.
were ordered TO appear before the medi-
cal board today: John S. Abbott Wis
oonsin; James NJ. Austen, Albany; Abr IN
Claude. Annapolis. Md: Walter G. Di-
man. Massachusetts; Earl Finney Wis
consin; George w. Ownby, Tennessee; !;
Richard Wainwright. at large.
William T. Conn. jr.. of Baltimore who
passed without a re-examination, will
probably go before the medical board to-
morrow.
The other Maryland candidate, Abram
Claude. who is also to go before the medi-
cal examiners. is son of Major Claude,
surgeon of the First Maryland Regiment
and grandson of DIR. Abram Claude, post
master at Annapolis. He failed in alge-
bra at the first trial. but pulled through
at the REORGANIZATION
The accepted candidates. who have
passed all examinations, include NJ l..
Goldman. Louisiana; E. G.. Kintner In
diana: Edward p Parker, Massachusetts
Karl Symonds. New York: Adolph Staten.
New Jersey: Harry T. Morton. Missouri;
c. j. Hickman, Kentucky; l. B. Porter
field. Alabama; James A Campbell.
Pennsylvania. The examinations viii
continue until Friday.
The times., 1898-09-08
CHARGED WITH SMUGGLING.
AccusntfoRs Against an Immigrant
InApfctOr.


Baltimore, Sept THE investigation
into the charges recently preferred
against Lewis H. Robinson, United States
immigrant inspector at this port. was
begun yesterday at the Baltimore GUS
tom-heuse. Special agents of the United
States Treasury Department McAtee and
Powers, who were detailed to investi-
gate, opened court yesterday morning in
the private office of the Chinese inspec-
tor During the day number of wit
nesses were examined. The majority of
those examined yesterday had given their
testimony to Collector Stone when til.
charges were first preferred.
Ihe investigation is being conducted Sc
cretiy. 1t is said that the stenographic
report Of the testimony of each witness
VINO mad formerly made statements was
read TO the witness, after which the spe-
cial agents made severe cross-examina-
tion Several females were among those
VINO entered the room. 1t Is said that
among the charges mentioned in the re-
port OF the charges was the smuggling
OF umbrellas. These umbrellas, in the
charges, are said to be described as being
Oh certain patent, which. by touching
the handle. could be raised or lowered.
The times., 1898-09-08
LONG FACES IN VERMONT.
Republicans Fear Results From the
Democratic Gains.

Montpelier. VT, Sept 7.-Somethfng
akin TO surprise appears upon the brows
of thoughtful Republicans in the Green
Mountain State, this morning The com
paratfvely small majority their ticket re-
ceived in the elections of yesterday is act
ually disturbing and the leaders who have
always counted upon unhorsing the Dem
ocrats to the tune of somewhere between
35, 900 and 10000 votes are in an actual
state of Consideration at the incompre-
hensible littleness of their maiority-a
patty 22.o00 votes-maybe less instead of
the usual big figures.
IF your folks do no better in the firm
est stronghold we have in the country -
they say what can be expected else
where this fall. In New York, PennsyI-
vania and the West"
The Democrats have also made unex-
pectedly large gains in the legislature
and that is looked upon as very signifi-
cant feature.
Republican leaders in the State are
almost in mourning and seem TO look up
on their losses somewhat in the nature
of a negative defect~along the entire line.
The times., 1898-09-08
A DEMOCRATIC CLEAN SWEEP.
Republicans Garry Only Two Coun-
ties in Arkansas.

Little Rock Ark, Sept. when the
election returns are all in they will prob
ably show, Notwithstanding the light
vote throughout the State, majority of
about 50. 900 for Gov Jones'
In some counties the negroes made no
attempt 10 vote, because no Republican
local tickets had been, nominated.
The legislature IS Overwhelmingly DEM
ocratic. The Populist vote was less than
1000, and indicates the rapid disintegra-
ton of that party in Arkansas, as pres
aged before the election by a number of
Populist leaders who Joined the Democ-
racy. Out of seventy-tive counties the
Republicans carried but two, Newton and
Searcy. and they win have but two mem
bers out of total Of 131 in the legisla-
tIIre
The times., 1898-09-08
DIED.

DAHLER-On Wednesday, September :. Isgs
at $50 p. m. FREDERICK DAHLER beloved
husband Of Louise Dshler. in the seventy-second
year Of his age
Funeral Will take place from his late residence
No 2s3 New Jersey Avenue northwest FFidIy
September 9, al 3 o'clock. Interment at Rock
Greek Cemetery. ses-st
SCHLECHT-On Wednesday. September :,
ISgS. at y O'Clock, ANNIE SCHLECHT. in the
twenty-sixth year OF her age.
Funeral from Lees Undertaking establishment
Saturday morning. at 10 O'Clock Friends and
relatives invited to attend ses-2J
CASSELL-Departed this life September s,
IS9S. at $50 D. m, GEORGE T. CASSELL. be-
loved husband Of Elizabeth \ CIsseIl ard cd st
son Of the late J. \. and Ellen Z CasseIl in
the sixty-sseoRd year Of his age
Funeral viii take place from his late residence,
No. ISis Seventh Street norJhwest, ThuEstily,
September s, at 3 o'cloek p. m Relatives and
friends invited to attend Item
The times., 1898-09-08
THOUGHT HER A BURGLAR.
Chester Man Blazes Away at His Sis
ter With a Revolver

Chester, Pa, Sept. 7.-Albert Price a
well-known resident of this city, fired
three shots from revolver at a suppos-
ed burglar in his house early yesterday
morning, but instead of being a robber it
proved to be his sister, who had been
taken i'll, and had gone down stairs for
medicine, without notifying the family
Price heard the noise and stood at the
head of the stairs and blazed away. He
almost tainted when be found out who
his supposed victim was. The whole
neighborhood was excited. Fortunately
none of the shots took effect
The times., 1898-09-08
TO FORCE PLATT's HAND.
Independents Start boom Favor
ing Roosevelt.

Albany Sept. 7.-Independent Republi-
cans were called together in conference
here yesterday afternoon by John J.
Chapman and J. S. Kline. of New York.
representing the movement to nominate
Col Roosevelt before the Republican
State convention, in order TO force the
hand of Mr. Platt, whom they distrust
Abort twenty independents from this vi
cinity responded TO the call, and the SEN
timent of the meeting was favorable to
the action proposed Secretary of State
John Palmer is out of town, and could
not be present at the meeting. Mr.. Chap
man said that advance agents of the
movement are now travelling all over the
State to prepare for the independent nom-
ination of Col. Roosevelt.
The times., 1898-09-08
COOLED OFF IN AN ICE CHEST
Joke on n Bartender Entirely Too
Practical

Chicago, Sept. BARTENDER Harry Palmer. of
No. liz Wabash Avenue. rinsng out the
glasses after serving two well-dressed customers
last night, when one of them told him it was
too warm in the saloon and he had better get
in the ice chest and cool off. Palmer laughed
He always does at customers joke, but he be-
came serious when both men produced revovers
and told him to do ordered, after first turning
over the money in the cash register.
Palmer did and handed over $40 belonging
to the saloon. Then the robbers marched the
mixer of drinks into a big ice chest into which
1900 pounds Of ies had been placed only shnrt
time before. The ice chest door was locked but
Palmer could see through a little glass inc the
door, and he looked while the thieves took
drink to his good health, grinned at him and
then disappeared.
An hour later the eoiored porter of the place
came in and discovered and released the bar
keeper who was nearly frozen.