davidaulloa/AmericanStories huggingface dataset:
The Advocate and news., 1898-06-29

Kansas Court OF Appeals. Southern De-
partment, Eastern Division.
No. 291.
The Bank OF Garnett, plaintiff in error,
VS..
James II. Cramer, defendant in error
Error from Anderson County.
AFFIRMED.
Syllabus. BY the Court. Milton, ].
The facts OF this case bring It within
the principles OF the case OF Anthony "
that an action would lie on q promise
made by the party defendant, upon a valid
consideration, to n third party for the
benefit of the plaintiff, although the plain
tin was not privy to the consideration.
Dennison, p. j., concurring.
Schoonover, j., not sitting.
A true copy
Attest: w. o, CHAMPE,
lSeal.l Clerk.
BY q. L. Eaton, Deputy.
Kansas Court Of Appeals, Southern De-
parlment, Eastern DIVISION.
No. 2S2
The state Bank of Fort Scott, Kansas
plaintiff in error,
VS..
r. j. Allen, ct al, defendants in error
Error from Bourbon County.
AFFIRMED.
Syllabus. BY the Court. Per Curlam
A careful examination Of the records and
the briefs in this case has led TO the con-
clusion that the two questions-as to the
agency of Robert Orr in connection with
the mortgaged stock Of goods, and Of the
authority Of A. M. Ayres to execute o.
chattel mortgage upon the goods In the
name Of l.. M. Orr to secure the indebted
ness Of the latter to the plaintiff i'm error
were questions Of fact for determl-
nation by the jury, and that 1t was proper
for the court to submit all the Issues In the
case to the jury. The instructions as a
whole correctly state the law applicable
ported by competent evidence, and has
received the approval of the trial court
The motion filed by the defendants in
error to dismiss the proceedings in error
has been considered and does not appear
to be well grounded.
All the Judges concurring.
A true copy.
Attest: w. o. CHAMPE,
BY e. L. Eaton, Deputy.
Kansas Court of Appeals. Southern De-
partment Eastern Division.
No. 1885,
Alice Milllken, plaintiff in error
VS..
c. M. Condor, w. w. English and j. w.
TOwles, defendants In error.
Error from Labette County.
AFFIRMED.
Syllabus. BY the Court. schoonover, j.
The evidence examined: Held, that the
withdrawal Of the same from the consid-
GRAFTON Of the jury was not error.
All the Judges cOncurrlng.
A true copy.
Attest: w. o. CHAMPE,
lSeaLl Clerk
By E. L. Eaton, Deputy
In the Kansas Court Of Appeals, Southern
Department, Eastern Division.
I, w. o. Champe, Clerk of the Kansas
Court OF Appeals, Southern Department,
Eastern Division, do hereby certify that
the foregoing are true and correct copies
Of the syllabi of the decisions in the above
entitled cases as the same appear on file
in my Office.
Witness my hand and the seal of the
Kansas Court of Appeals, Southern De-
partment, Eastern Division, this 10th day
of June, 1898.
lSeal1 w. o. CHAMPE,
Clerk Kansns Court of Anneala Snmt hnrn
The Advocate and news., 1898-06-29

sold under the foreclosure proceedings
All the Judges concurrlng.
Opinion filed June 20, 1885,
A true copy.
Attest e. ]. wEsTGATE,
[Seall Clerk.
In the Kansas Court Of Appeals. Southern
Department, Western Division,
No. 19t.
f. G. Afford, ct al, plaintiffs in error.
VS..
The Buford & George implement Company,
n corporation, defendant in error.
Error from Pratt County.
REVERSED.
Syllabus. BY the Court Dennlson, P. J.
The issue raised by the pleadings In this
case do not come within the provisions OF
section 292 OF the Code, authorizing q COM
pulsory reference
All the Judges concurrlng.
A true copy
Attest: Il. ]. WEsTGATE,
lSeall Clerk.
In the Kansas Court Of Appeals. Southern
Department, Western Division.
No. 28l.
Charles f. Webster, plaintiff in error,
The Board of County Commissioners OF
Haskell County, Kansas, defendant in
error.
Error from Haskell County.
AFFIRMED
Syllabus. BY the Court. Milton, ].
Under the facts in this case Il Is held
that the acts OF n Board OF County Com
missloners in entering into a thirty year
lease Of building TO be used as O court
payment of the rental thereof In advance,
were invalid, and the lease and warrants
void.
All the Judges concurring.
A true copy.
Opinion filed June 20, 1898.
Attest: e. j. WEsTGATE,
LSeaLl Clerk.
In the Kansas Court of Appeals, Southern
Department, Western Division.
No. 2Ol.
3. W. Lemert and s. s. Lemert, plaintiffs
in error,
vs.
Jennie ID. Robinson, defendant I'm error.
Error from Flnney County.
AFFIRMED.
Syllabus. BY the Court. Dennlson, p. J.
!. Parties to a foreclosure suit who are
served by publication and make default
are not, when only barred OF any right In
the premises, necessary parties to a suit
In this court between the mortgage and
defendants who claim the premises.
O. In a foreclosure suit 1t is not error
for the court to refuse to permit the intro
ductlon In evidence, by some OF the de-
PENDANTS to prove title in them, OF O deed
dated and delivered long after the COM
mencement OF the action.
g. Where the answering defendants In
troduce no evidence to maintain the Is
sues upon their part II is not error for
the court to find that they have no interest
In the premises
All the Judges cOncurring.
A true copy
Opinion filed June 90 1898.
Attest: e. J. WEsTGATE,
lSeall Clerk.
The Advocate and news., 1898-06-29

Xss' $500 takes our uptodate guaranteed bicycle on
oar great cooperative oGOr You 90 listlS work "a
Jour spars time. Write so0n, COOK CYOLR Co,
OmOe " ~ AyOi Fsotary, 1913 Fsanhin &c. ChIsags.
The Advocate and news., 1898-06-29

Australian ballot law.
All the Judges concurring.
Attest: ''' W. H. GATES,
[seal.l Clerk.
Kansas Court Of Appeals, Northern De-
partment, Central Division
No S19.
Tamar Darlington, ct AL plaintiffs in err
ror,
VS..
G. S. Conrad, defendant In error.
Error from Saline County District Court.
REVERSED.
Syllabus.
condition in the supersedeas bond re-
qured by the trial court, but not by the
statute and in excess thereof is nugatory
and will not be enforced.
All the Judges concurring
true copy.
Attest: W. II. GATES,
[Seall Clerk
Kansas Court of Appeals. Northern De-
partment, Central Division.
No. SOS.
William II. Macley, Jr. and Henry Staatz,
plaintiffs In error
VS..
o. L. Thisler and James spillman, de-
PENDANTS in error.
Error from Geary County District Court.
REVERSED.
Syllabus.
l. A verbal contract respecting personal
property is not within the provision OF the
statute Of frauds and periures If all that
is to be done upon the part Of one Of the
parties thereto is to be performed and is
performed within year from the making
thereof, Notwithstanding by its provisions
performance on the other part is not to
be within the year.
2. If an entire contract is within the
statute Of frauds and perjuries, every COW
enant, promise or obligation being part
thereof is within the statute and no ac-
tion can be founded thereon.
ALI the Judges concurring.
Attest: W. H. GATES,
[Seal.l Clerk.
Kansas Court Of Appeals, Northern De-
partment, Central Division.
No ZIG.
Albert Wingrove and w. ]. Jennings,
plaintiffs in error
VS..
Katie Haines, defendant in error.
Error from Clay County District Court,
AFFIRMED.
Syllabus.
In a proceeding in garnishment by
judgment creditor against mortgagee Of
personal property Of the debtor, any eX-
cess Of goods in the mortgagee's possess
sion over an amount adequate to secure
the debt covered by the mortgage and
expenses incident thereto may be required
by the judgment Of the court to be ap-
piled to the payment of the judgment.
All the Judges concurring.
A true copy.
Attest: w. H. GATES,
[SeaL] Clerk.
Kansas Court of Appeals, Northern De-
partment, Central Division.
No. 315
State of Kansas, respondent,
George York, appellant
AFFIRMED.
Syllabus BY the Court. Wells, J.
/. Where an information is filed by the
County Attorney under the provisions Of
section 80, chapter 101, General Statutes
1887, but verified by another, it is not er-
ror for the trial court to overrule motion
to quash such information because it does
not show upon its face that the person
who verified 1t is a citizen of said county
2. The law in regard to the other allega-
The Advocate and news., 1898-06-29

complete copies of the syllabi in the there.
In entitled causes as the original thereof
remain on file in my office.
Witness my hand and official seal at my
office in the city Of Concordia, this 10th
' - w. II. GATES,
[Seal1 Clerk.
Kansas Court Of Appeals, Southern De.
partment, Eastern Division.
No. 27S
John l.. Keith and c., II. senner, plaintiffs
in error,
VS..
Amelia L. IIamblin, defendant in error.
Error from Franklin County.
AFFIRMED.
Syllabus. BY the Court. Milton, ].
Where a deed of assignment by an in
solvent debtor for the benefit Of his cred
itOrs was duly executed, delivered and filed
for record and where at the same time a
schedule of the assignor's liabilities was
filed with the Clerk of the District Court
and said schedule was unverlfied and re-
mained for sixty days thereafter unveri-
was imperative as against the holder OF
an unrecorded chatte mortgage, who be-
gan an action of replevin against the as
signor and assignee jointly within three
days after the filing of the deed.
All the Judges concurring.
A true copy.
Attest: w. O. CHAMPE
BY e, L. Eaton, Deputy.
%
partment, Eastern Division.
No. 2OO.
Atchison, Topeka & Santa Fe Railroad
Company, plaintiff in error,
VS..
Kansas Farmers Fire Insurance Company
defendant in error.
Error from Elk County.
REVERSED.
Syllabus. By the Court Milton, ].
]. Where the plaintiff, while a motion to
make the petition more definite and GER
tain was pending, under leave of the court
struck out, voluntarily, from its petition
an allegation as to subrogation, and where
the case was thereafter tried as upon a
direct written assignment of the cause Of
action Held that the question as to the
right of subrogation Is eliminated and cam
not be considered by this court.
g. 'Under our statutes right Of. action
against party for negligently and wrong
fully destroying property by fire is not
assignable." X. NJ. Rly VS.. Brehm, 54
Kan. 751.
All the Judges concurring.
A true copy.
Attest; w. o. CHAMPE,
[SeaLl Clerk.
BY E. L. Eaton, Deputy
Kansas Court of Appeals, Southern De-
partment, Eastern Division.
No. 268.
John Forbes, plaintiff in error,
VS..
The Board Of Education of the City of
Error from Bourbon County
AFFIRMED
Syllabus. BY the Court. Milton, j.
The doctrine of Cy-pres applications OF
grants and gifts as recognized and made
the basis of the decision in Commissioners
Of Miami County v. Wilgus (42 Kan. 45) is
followed in the present case, and IL is held
that a dedication OF a block Of land in
the city of Fort Scott, by the filing OF a
plat whereon the block was designated as
University Square, in connection with
other facts set forth in the record, vested
the. title of the land in the Board Of Edu-
cation Of that city.
All the Judges concurring.
A true copy.
Attest: w, o. CHAMPE,
[SeaLl Clerk
by u. L. Eaton, Deputy.
The Advocate and news., 1898-06-29

Kansas Court Of Appeals, Northern De-
partment, Central Division.
The Advocate and news., 1898-06-29

the contrary a printer is entitled to the
legal rates for publishing the list OF nom
nations required to be published by the
Australian ballot law.
All the Judges concurring.
A true copy.
Attest: w. II. GATES,
[Seall Clerk.
The Advocate and news., 1898-06-29

Kansas Court of Appeals Northern De-
partment, Central Division.
No. 3l2.
]. ]. McWilliams, plaintiff in error,
VS..
Anna J. Piper and John Piper, defendants
in error
Syllabus. BY the Court Wells ].
l. Where the defendant challenges the
competency of one of plaintiffs witnesses
upon the theory of the facts as alleged in
the petition, this does not amount to such
an admission of the truthfuness of the
petition as to render proof unnecessary.
2 1t is error for the trial court to in
struct the jury that an assignment was
made, when that was one of the cOntro-
The Advocate and news., 1898-06-29
In the Kansas Court Of Appeals Southern
Department, Eastern Division.

In the Kansas Court Of Appeals, Southern
Department, Eastern Division.
I, w. o. Champe, Clerk of the Kansas
Court OF Appeals, Southern Department,
Eastern Division, do hereby certify that
the foregoing are true and correct copies
Of the syllabi of the decisions in the above
entitled cases as the same appear on file
In my office.
Witness my hand and the seal Of the
Kansas Court Of Appeals, Southern De-
partment, Eastern Division, this 10th day
rseai.l w. o. CHAMPE,
Clerk Kansas Court Of Appeals, Southern
Department, Eastern Division.
BY r. l.. Eaton, Deputy.
In the Kansas Court Of Appeals, Southern
Department, Western Division.
No. A1
j. w. Reed, plaintiff in error,
VS..
John Dick and Jacob Dresser, defendants
In error.
Error from Barton County.
AFFIRMED.
Syllabus. BY the Court Milton, j.
Where a recovery was sought against
two parties jointly for damages resulting
from fire which originated from the act
Of one Of the parties while they were to-
gether engaged In unlawfully hunting
Held, that the question Of their co-Op-
Grafton in the immediate act which caused
the fire was properly submitted to the jury
for it's determination, and that It's verdict
being supported by some evidence, and
approved by the trial court, is conclusive
In this court.
All the Judges concurring.
A true copy.
Opinion filed June 20, 1898.
Attest: u. j. WESTGATE,
lSeaLI Clerk
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1898-11-03
A Hard-Hsaded Johnny.

Editor National Tribune: Seeing Com
rade G. A. Eamsdiil 81 article in Fighting
Them Over of Sept s, reminds me of an
incident ] heard d lebeI soldier Frank
Shelby relate in connection with that
raid. He said that prior to the war there
lived "a big fellow In the vicinity of Water
loo, Ala, tPugho 'Cannon knew him).
whose name was Jim Sharp. He used to
go to Waterloo on public days, and gener-
ally got into a game iof fisticuffs; man
might as well rum against pile driver as
to tackle Sharp. - 1
At the breaking out of the war he went
Cherokee Station the Union men ivouack
ed in one hollow and the rcbs in another
adjoining. Next nnprring l:oddey s;i he
was going to rout the Yanls So he or
dered move up the hill, and on reaching
the top Lieut.. Col Johnson rnet Sharp
running like a turkey. Johnson called to
him: Sharp, what's up He answered,
Colonel l am shot" The fight lasted
but a few minutes when the rebs fell
back. johnson got where he met Sharp
thought Of him again, and resolved 10
hunt him up, and it, as he suspected
Sharp was running through cowaroice he
would punish him. He returned by the
spring where their regiment had got water
and near the spring lay Sharp flat on his
back. Johnson said; SHARP, where are
you shot" He answered: "ln the back of
the head" Johnson got down, turned
him over. His hair was clotted with blood.
thing under the hide, took out his pocket
knife and split the hide. He took out
bullet. 1t was mashed as fiat as coin.
How VIII that do for a hard head2-Leyi
Thompson, Sergeant, Co. f, 9th Tenn.
Cav, Minor Hill, Tenn.
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1898-11-03
A LOYHL HOME
WORKER ABROAD.
Sights and Scenes in European
Ways and ByWays.
Down the Rhine-old Things and New.
washing-Day on the Febled River-Rhine
Stories.
BY ELSIE PoMERoY McELRoY.

We started down the Rhine from Mayence
in the white mists of a damp, early German
morning, a little weary OF travelling, a little
homesick, and inclined to be critical of every
thing Teuton and TO think the elorifcatiou
of the Rhine only some huge German delu-
sion or scheme to get innocent and worthy
travellers out of their beds while their fingers
were too cold to handle trink geld pru-
IDENTIFY.
We were certain that the Potomac was
vastly more beautiful Indeed for the first
hour or so, the Rhine had much the pretti-
mess of our home river in the green grasses
shining through the white mists, the clumps
of trees stalking down TO the waters edge
and throwing leafy shadows in the waves, in
the occasional glimpse of peaked roofs show
sng grayly in the distance and the gentle
hills and all; but an occasional glimpse of
a crumbling old wall or arch would convince
us that it was not the Potomac-that we were
I'D the old world
In the l2 hours that our journey lasted we
had an endless vision of the old and new.
With all the ramparts, the great arches, the
castles and towers, with their reminders of
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1898-11-03
The Spanish Character.

Capt. Chadwick, of the New York, says
in Scribncr's Magazine:
I'VE are accustomed to look upon the
Spaniard as a European. He is not one
he is largely Moor in blood, and much
more i'll character. The Moor did not
possess his country for 900 years and leave
il as If he had not been there 1t is from
him the Spaniard of to-day gets his religi-
Gus fanaticism, much OF his architecture
and music, his pride and ceremonious
manner his social characteristics (appear-
ing chiefly in his treatment of women)
his tribal instincts and want of admins
trativc capacity, which have made il i'm
possible for the various petty Kingdoms
Of Spain ever to really unite under one
stable Government; his want of capabil-
ity OF preparation, and finally his blood
thirstincss, which last, unhappily, can
not be denied
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1898-11-03
RENEWING OLD TIES.
Fighting Days Recalled at
Happy Meetings.
Indiana.

Indiana.
The 22d annual Reunion of the brigade
composed of the 9Th and 18th Ind. and the
list Ind L. A. closed at Blooming oT, Ind.
the n ght of Oct. 10 in a blaze Of glory, and
was confeSSed1y one Of the most interest
ing meetings in the history of the organ
cation. The first meeting of the AsSocia-
ton was held in the Circuit Court room in
the afternoon. The first thing in order
after the banquet, served by the Woman S
Relief Corps and Ladies' Aid Society, and
the registration of about 100 of the COM
radcs, was the address of welcome by Com
rade II. C. Duncan, of BLOOMINGTON. Sen
ator Duncan was Particularly happy
throughout, and the entire speech was
splendidly received by the comrades,
evoking frequent applause. The response
was made by Comrade w. Gossett. of
Greentown, Ind Reading of letters from
absent comrades was the next order OF
business. Comrades Francis NJ. Charles.
of Washington City, and DIR. Scott read
ing the letters in the tenn orary absence
of Secretary ID. 0. Spencer. a resolution
asking Congress to give Comrade Francis
NJ Charles n medal OF honor for special
bravery at Opequan Creek, Fish RS Hill
and Cedar Creek were passed. The fol
lowing comrades were chosen committee
to select meetin place for the next Re
union: Comrades C.. c. Smith, Busby and
GoSSett Newcastle, Ind was chosen for
the place in which to hold the next Re-
union. DR.. Swain introduced Judge }. Is.
Black, who delivered The annual address.
The Judge rave a vivid and interesting
description of his mastering into the serv-
ice. 1t has been the fate of his brigade.
he said, to fight under the best Generals
of the Union army. Judge Black stated
that he was the only man in the brigade
that represented the State University.
VIM. NJ. Alexander is President, old
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1898-11-03
Fines and Forfeitures.

Editor National Tribune: What do they
do with the fines they made against the vol
unteer army in the Spanish-American war
understand they fined them very heavily
for little or nothing. John Kelly, Co. X
SCth Ind, Charlottesville, Ind.
Under the act of March 3, 1861, all fines
forfcitures and stoppages imposed by
courts martial went to the support of the
Soldiers Home at Washington. After the
establishment of the National Volunteer
Soldiers Home it was decided that all
these mulcts among volunteers during
the rebellion must go to it, and force OF
clerks was set to work hunting them out.
Inquiry at the Judge Advocate General 8
Office develops that the question has
not yet come up with regard to those of
the Spanish war. The presumption is,
therefore, that they are taking the usual
course-that is, those arising in the Regu-
lar Army going to the Soldiers Home at
WASHINGTON; those in the Volunteers go
ing to the National Home for Disabled
Volunteers. -Editor National Tribune.
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1898-11-03

tenderness. As he travelled down the Rhine
he would stand for hours gazing at the love
illness of Nature whom he had never noticed
before His squire saw this change COM
ing over his warrior-master and wondered.
Theyvisited at the castles as they journeyed
down, for the knights had only to hear the
name Roland to bid him welcome. One
evening as he was proceeding on his way, the
nights of Drachenhurg-the first of the
'Sicbengebirge came in sight, and on its
summit knightly castle all flashing with
light from the setting sun. The focks were
turning home to their folds, the vine
dresser to his hut, the fisherman was
drawing in his little boat and GOODNESS
lurked in the deep-green shadows OF
the trees. The evening picture made pro-
found impression on Roland, who would not
turn from looking until his squire begged
him to remember that unless they soon
sought refuge there would be none, for the
nights shades wonld be upon them.
Roland questioned a passing peasant as to
the name and knight of the castle across the
river Herbert of Drachen burg " was the
reply, and Roland was glad, because he had
greetings for this very knight from his uncle's
court So he had himself rowed across and
arrived at the castle gates Just as night fell.
He told his name and was received with great
honor
The nextday Herbert presented the knight
to his daughter, HiIdegunde, a maiden so
beautiful and of so amiable an appearance that
Roland, whose heart had known little else
than hazard, conflict, battle and adventure,
found all this slipping away from him in n
new feeling for the maiden, and no more did
he converse of war, but all his talk was Of
love- and no farther did he wander because,
forsooth, this warrior could not tear himself
away from the slip of girl whom he adored.
Hildegunde "saw with maidenlv delight his
inclination for her, " and loved this knight as
truly rs he loved her Herbert, her father,
found in him all that he could wish in a son,
and so for many days all went merry as the
day is long
Suddenly came an interruption 10 the sweet
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1898-11-03
THAT WONDERFUL CHURN.

ii. T.. Marshall writes follows " I want ia
add my testimony TO the list of those who have used
the lightning churn 1t does all that they claim for
1t You churn easily in minute, and get a
larger percentage of butter than with ordinary
churns. never took the agency for anything before
but many of my neighbors wanted churns that
L ordered 30 and they all soid.r Other farmers
can do as wei as Mr.. Marshall No farmer can
afford to be without one of churHs. BY using
il he make D per cent. more butter than with
his old churn. Any intelligent farmer easily
sell four five churns every week in his town
ship. Every who sees his churn will want one
like II. We will mali circulars and full particulars
on demand. Mound City Churn Co., Ozark Bldg,
ST. Louis, Mo.
Mention The National TrIbune
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1898-11-03

Gen. Wesley Merritt and Miss Williams
were quietly married in London. Oct. "a.
in the presence Of a few members of the
Generals staff. the brides family. and
several Americans. The reason for the
privacy was that the bride had become
severely i'll on her way across the ocean.
and was threatened with typhoid fever.
1t was at first thought the marriage would
have to be postponed. She recovered suf
iicientIy, however, to allow the ceremony
to be performed in her rooms, and will
accompany the General to Paris After
the conclusion of the Peace COMMISSIONS
session she will return with the General
to the Philippines.
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1898-11-03
An old One Ever New.

Pupil-What, in your opinion, Professor
is the most difficult mathematical prob
lem?
Poor Professor (grimly) -Trying to M
both ends meet, my dear sir.
The National tribune. [volume] (Washington, D.C.) 1877-1917, 1898-11-03

DO not fail to go Into oar great Git contest
during AOrember for an unabridged dtctioa-
arg. See Jul explanation, page 4.