davidaulloa/AmericanStories huggingface dataset:
The Advocate and news., 1898-07-13

be present throughout the trial, TO SUPER
wise the proceedings, and see and hear an
that transpires during the trial, and espe-
cially during criminal trial where the
highest penalty OF tho law may be inflicted.
IL the presiding judge leaves the court
room, goes out OF the sight and hearing OF
the jury and counsel, and temporarily re-
linquishes control over the trial. the ac-
cused has good cause to complain
All the Justices concurring.
A true copy.
Attest: JNO. MARTIN,
lSeal.l Clerk Supreme Court.
The Advocate and news., 1898-07-13
No. 1O799.

L. s. Mcfarland as next friend OF Mary
E. Dougherty
VS..
The Township Of EmpOria.
Error from Lyon County.
AFFIRMED.
Syllabus BY the Court. Allen, ].
/. In an action under section AZ, chapter
a. Of the General Statutes OF 1897, TO re-
cover damages from township for the
death OF person claimed to have resulted
from the want Of a sufficient barrier along
the bank OF river, where no notice Of the
insuticiency OF the barrier is shown to
have been given to the township trustee,
but 1t Is claimed that he knew the dan
gers OF the place and the condition Of the
fence around 1t, II Is incumbent on the
plaintiff not merely to prove that the town
ship trustee knew these facts but also that
barrier In a case OF doubt as TO the suffl-
cheney of the protection afforded by the
fence under ordinary circumstances, II Is
incumbent on the plaintiff to show that the
attention Of the township trustee was dl-
rectly challenged to its insutficiency.
2. In actions against township for in
juries encountered outside of the travelled
way more strictness of proof OF knowl-
edge Of dangers to be apprehended will be
required than when caused by defect in
the travelled way itself.
All the Justices concurring.
A true copy.
Attest: JNO. MARTIN,
LSeall Clerk Supreme Court.
The Advocate and news., 1898-07-13
No. 1O7Ss.
Henry Keys, ct al,
VS..
Henry Lardner, ct al.
Error from Lyon County.
AFFIRMED.
Syllabus.
BY the Court. Johnston, J

oylldDubs Dy tHe SOuIl' JOhHSNoht -
/. An action was brought to recover on
prOmissory notes and to fOreclOse mort
cages given to secure the same. The land
was defectively described In the mort
cages, and when attention was called to
the defect, the plaintiff amended his Pc
tition, setting forth the description intend
ed by the parties and asking that the mort
cages be corrected in that respect: Held,
that the amendment did not introduce a
new cause of action, and that the cause OF
action upon the notes and for the fore
closure Of the corrected mortgages was
not barred by the statute Of limitations,
although the amendment was made more
than five years after the notes and mort
cages were executed.
q Testimony examined and held to be
sufficient to warrant the court In correcting
the description Of the mOrtgaged land.
All the Justices concurring.
A true copy.
Attest: JNO. MARTIN,
lSeall Clerk Supreme Court.
The Advocate and news., 1898-07-13
THIS WEEKS MARKETS.
Kansas clty Llye Stock.
Kansas CITY. .

Kansas City, July II.
CATTLE--Receipts 7,000 Best grades
steady, others 5QD10c lower. Native steers,
Aq520; Texas teers, $29004.S0; Texas cows,
Sl.5Og35O; native cows and helfers, Sl.850D
4:S5; stoclers and feeders, SS.5Og5.O5; bulls,
S2.75GD4
HOGs-Recelpts, 5000 Market weak to
sc lower Bulk of sales, 3.60Cd3 80; heaVies.
$375a3 90; packers, S5Oa5.S5; mixed. @.5O6D
$50; lights. SS.6OQS65; yorkers, S6O6365;
pigs, S3GD3.45.
SHEEP--ReceIpts, 5000. Market steady.
Lambs, A86.5O; muttons, SS94.5O.
The Advocate and news., 1898-07-13
Kansas City Grain and Produce.

Kansas City, July II.
WHEAT-About steady. No. hard, new.
76Q77c; No 2 old, SIC; new. 73G76c; No. .,
701TGc; No. / red. new, TIC: No. 2, old, SOC;
new, 75q76c; No. 3, 721sQ74c; No. 2 spring,
726b73c; No. 3, zoe,
CORN--Mixed lower, white steady. No.
30IkG3lc,
0ATS-Lower. No. white, 266D27c
RYE--Steady. No. z, A0c
HAY--Active Choice timothy, old. $3.50;
new, 81; choice prairie, old, 81; new, Sc,
BUTTER--SteadY, Separator, 12&D14l5c;
dairy, 12o.
The Advocate and news., 1898-07-13
No 1110i.
State Of Kansas
vs..
Anna Buereman.
Appeal from Douglass County.
REVERSED.
Syllabus.


/. A person who has read a newspaper
account Of a homicide, and has also learned
the facts pertaining to the same from one
who assumed to know and state them, and
based thereon has formed and expressed
an opinion as to the guilt OF the accused
which would require evidence to remove, Is
not qualified Juror, although he may
state that he believes he could give the
accused fair and impartial trial.
2. A non-profesglonal witness, acquainted
with one whose sanity is In question, may,
after stating the acts, words and conduct
Of such person which have come under his
personal observation, and based upon
these, express his opinion as TO the sane
or insane state Of such PERSONS mind.
3. IL the witness knowledge OF the acts
words and conduct Of the person claimed
TO be insane Is tleagre, his opinion will not
be as valuable as that Of one who has had
better opportunities Of knowing and who 10
thoroughly Informed In that reOpOet: but
what weight the opinion shall receive ~ q
question OF fact for the jury.
T. II fB the duty OF the presiding Judge to
The Advocate and news., 1898-07-13

For GENERAL STATUTES OF KAN
SAS 1897 compiled by Judge w. G. Webb
by authority Of Legislature (prlce So, ad-
dress Kansas Statute Co., Topeka, Kas
The Advocate and news., 1898-07-13

the absence of any showing to the con-
trary.
All the Justices concurring.
A true copy.
Attest: JNO. MARTIN,
lSeaLl Clerk Supreme Court.
The Advocate and news., 1898-07-13
No. 1O765.

Fl. B. Cronkhite, ct al,
VS..
Leah v. Buchanan, administrators, ct al.
Error from Ottawa County.
AFFIRMED.
Syllabus. BY the Court. Allen, j.
/. The death Of a purchaser at a sher-
iff's sale, before confirmation thereof, does
not avoid the sale, but II may be con-
irmed by the court and deed ordered on
the motion of any party interested as II
such death had not occurred
q A sale Of two adjoining quarter sec
tions of land, one Of which is the defend
ants homestead, on a single bid under
a mortgage foreclosure lg not necessarily
invalid. The officer win be presumed to
have proceeded regularly and properly In
The Advocate and news., 1898-07-13

HAY QUOTATIONS furnished by j. II.
WOOLS&X q CO., 90 State Line. Kansas City,
MO, Hay our specially. COnsignmenta golAc-
SGOd. Quick and honorable returns. Write us.
The Advocate and news., 1898-07-13

No. lOS03.
M. H. Motsinger ct al,
VS..
Ludwick #. Miller.
Error from Decatur County.
REVERSED.
Syllabus, BY the Court, Johnston, j.
/. Where a contract for the payment OF
money contains no specific promise for the
payment OF interest at a time different
from that fixed for the payment OF princi-
pal, the principal and interest both become
due and payable at the same time.
2. The use OF the words per annum" In
fixing the rate Of interest In a prOmlssory
note, and the provision therein that "if In
terest be not paid annually to become as
principal and bear the same rate Of inter-
est cannot be regarded as a promise TO
pay interest annually.
All the Justices concurring
A true copy.
Attest: JNO. MARTIN,
lSeal.l Clerk Supreme Court.
The Advocate and news., 1898-07-13
No. 1854.

r. M. Manley, executor of the estate Of
George Manley,
VS..
M. Il. Larkin, ct al.
Error from Atchison County.
AFFIRMED.
Syllabus. BY the Court. Doster, c. J.
A confession Of judgment by an insol
vent debtor in favor Of the executor OF an
estate in which he is interested as
devsee is void as to existing creditors
because upon a secret trust in the debt
Ors favor
All the Justices concurring.
A true copy.
Attest: JNO. MARTIN,
[Seall Clerk Supreme Court.
The Advocate and news., 1898-07-13
AFFIRMED.
Syllabus.

An insurance policy contained a pro-
vision that legal proceedings for recovery
hereunder shall not be brought until after
three months from the date OF filing proof
at the companyS home office, or brought
at all unless begun within six months from
the time when the right OF action snail
accrue" In an action upon the policy:
Held, that the right to bring an action did
time Of filing proofs, and that the period
of limitation prescribed did not begin TO
run until the right to bring an action had
accrued.
O. Error cannot be successfully assigned
on an Objectionable answer to proper
question unless motion Is made to strike
out the answer, or the attention OF the
court is otherwise brought to the fact
that the answer Is not responsive to the
question.
g. Where the agent of an insurance COM
pany who fills out an application for in
surance is duly informed by the insured
as to the facts and fails to state them In
the application, or to state them. correctly
as given, the company will ordinarily be held
to have waived them, and will be estOpped
to insist that the representations OF the
insured were untrue, or that there has been
a breach Of the warranty.
A. A condition requiring the giving of no
tice to the insurance company within
specific time will be deemed to be waived
where notice of the injury or death is sub
sequently given, together with proofs OF
loss, and the company retains the same
without objection, and subsequently calls
for and receives additional information and
proof respecting the injury and death of
the insured.
g. general exception to q charge of
the court containing a great many distinct
instructions, some of which are unobjec-
tiOnable, is not available as error.
All the Justices concurring.
A true copy.
Attest: JNO. MARTIN,
[Seall Clerk Supreme Court.
The Advocate and news., 1898-07-13
No. 1862.

NOs l1UO6.
The State OF Kansas
vs..
Wilhelm Dletz.
Appeal from Wyandotte County.
AFFIRMED.
Syllabus. BY the Court. Doster, c. ].
l. Except in pursuance of the COM
mand Of a warrant O sheriff has no author
ity to make an arrest for q misdemeanOr
not committed In his presence; nor Will the
acts and language OF a person which In
duces the officer as a reasonable man to
believe such a person guilty authorize his
arrest without warrant.
2. In re Kellam, So Kan. 700, reafRrmed
and followed.
g. A sheriff who acts without a warrant
In undertaking to make an arrest for a mis-
delneanor not committed in his presence,
and who kills the person In an effort to
overcome his resistance, or to recapture
him after having effected his arrest, Is
guilty either of murder or mansaughter
as the circumstances and facts Of the case
may prove.
4. Whether an officer in lawfully under
taking an arrest for misdemeanor may KILL
IL necessary to overcome resistance or eff
feet recapture not decided but opposing
views Of law writer's upon the question
noticed.
All the Justices concurring,
A true copy.
Attest: JNo. MARTIN,
[Seal.l Clerk Supreme Court.
The Advocate and news., 1898-07-13
No. 1O76O.

George E. Fernald
The Highland Hall Company, ct al
Error from Cowley County.
Austin s. Ranney
VS.
The Highland Hall Company, ct al.
Error from Cowley County.
REVERSED.
Syllabus. BY the Court. Johnston, J.
1. The surrender of certain notes and
securities in which a corporation was In
terested and which operated as a benefit
to 1t and as a disadvantage to the credi-
tors. Is q sufficient consideration to sup
port promissory note and mortgage given
by the corporation upon the authority OF
a resolution duly passed by the board OF
directors for that purpose
2. The testimony and findings examined
and held to be sufficient to authorize a
Judgment in favor Of the plaintiff for the
amount Of the notes sued on, and also to
foreclose the mortgage given to secure
their payment.
All the Justices concurring.
A true copy.
Attest: JNO. MARTIN,
[Seall Clerk Supreme Court.
The Advocate and news., 1898-07-13
No 1876.
s. Sleeper
VS..
8. N. Norris.
Error from Pawnee County.
REVERSED.
Syllabus.

syllabus. BY the Court. johnston, J..
]. A corporation which ceases to do busl-
ness for more than one year Is deemed to
be dissolved for the purpose Of enabling
creditors to enforce the individual liability
Of stockholders, but such cessation of bust
ness does not operate as a legal and COM
plete dissolution of the corporation for any
purpose other than the one named.
2 A creditor OF an insolvent corporation
may enforce the individual liability OF
stockholders under the provisions Of Sec
ton so, Chapter 66 General Statutes 1897,
when there 10 no property subject to be
taken on execution, Notwithstanding there
may at the time be assets of the corpora
ton in the hands Of an assignee to be ul-
tlmately applied in payment Of corporate
debts.
All the Justices concurring.
A true copy.
Attest: JNO MARTIN,
LSeal.l Clerk Supreme Court.
The Advocate and news., 1898-07-13
No. 11los.

No. 111O9.
The State Of Kansas
vs..
Patrick O'Shea.
Appeal from sedgwick County.
REVERSED.
Syllabus. BY the Court. Allen, j.
A verdict in the following form, 1--WE, the
jury empanelled and sworn in the above
entitled case, do upon our oaths find the
defendant guilty Of an assault with In
tent to kill as charged in the information"
Is insufficient to support o. judgment to
confinement at hard labor In the penlten-
tiary for eight years under section 49, chap
ter 100 Of the laws OF 1897. It falls to show
the degree OF the offense of which the Jury
convicted the defendant as required by Sec
ton 239 Of the criminal code.
All the Justices concurring
A true copy.
Attest: JNO. MARTIN,
LSeall Clerk Supreme Court
The Advocate and news., 1898-07-13
The State of Kansas
VS..
Perry Mcneil.

In the Supreme court Of the State Of
Kansas.
/, Jno. Martin, Clerk Of the Supreme
certify that the foregoing are true and cor
rect 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 Su-
preme court, this 11th day OF July, 1893.
Attest: JNO. MARTIN,
ISeall Clerk Supreme Court.
The Advocate and news., 1898-07-13


REVERSED.
Syllabus. BY the Court. Johnston, j.
/. The authority Of an attorney to act
for his client continues until the end Of the
litigation, or until the discharge OF the
particular service for which he was em-
ployed, unless the relation is sooner ended
by a revocation of his authority.
g. The litigation in a foreclosure proceed
ing Is not deemed to be ended so far as
the relation Of attorney and client is con-
ceTned until the lien is enforced by the sale
and confirmation of sale of the mOrtgaged
property
g. Where the plaintiff in the action dies
after the decree Of foreclosure and before
the sale, the defendants attorney, under his
general authority may waive notice Of a
motion for reViVor.
All the Justices concurring.
A true copy.
Attest: JNO. MARTIN,
[Seall Clerk Supreme Court
The Advocate and news., 1898-07-13

Error from Ellsworth County.
REVERSED.
Syllabus. BY the Court. Allen, j.
/. The case of Sternberg VS.. Larkin IS
Kan. pol, approved and followed
O. An Administrative who takes notes In
her individual name for property belonging
to the estate, may maintain an action on
the notes without describing herself as
Administrative, and the fact that the mon
ey, when collected, will be assets Of the
estate in her hands constitutes no defense
to the action.
All the Justices concurring
A true copy.
Attest: JNO. MARTIN,
tSeaLl Clerk Supreme Court.
The Advocate and news., 1898-07-13
No. 1liiG.

No. 11116
The State Of Kansas
VS..
Perry Mcneil.
Appeal from Franklin County.
Syllabus, BY the Court. Doster, c. J.
/. After the final submission of a Grim
inal cause the court may permit a sep
aration Of the jury for a necessary pur-
pose.
2. Madden VS.. the State, Kan. S2l, dis
tingushed
All the Justices concurring.
A true copy.
Attest: JNO. MARTIN,
LSeall Clerk Supreme Court.
The Advocate and news., 1898-07-13

No. 1878.
Z. B. Crissey
VS..
The Interstate Loan g. Trust Company.
Error from Shawnee County.
REVERSED
Syllabus BY the Court. Doster, C. j.
l. A delivery Of a negotiable instrument
by the payee, for q consideration, upon
which instrument an assignment and guar
Daily press. [volume] (Newport News, Va.) 1896-current, 1898-11-03
he CoElu Staar.

A member Of the crew Of tho Yankee
tells Tho Electrical Review of All inciden,
that happened aboard that vessel during
she recent cruise. Said he:
We We're ont ut sea, and one Of the boy.
you know him was doing his trick al,
the wheel Commander Brownson cam,
up alongside him and after watching him
few minutes said, You steer very wei.
my 'nan. Billy just snluted. being up on
naval etiquette Been practiciug since
you joined the ship? asked Brownson
No, air; haven't been practicing much
said Billy Well, you handle this ship as
II you'd stored before, said Brownson
Yes, sir, said Billy; 4 have. WhcroY
said Brownson All along tho Atlantic
coast. says Billy. What die you steers
says brownson My own steam yacht
sir, says Billy. How big is shep' says
Brownson after pause. About 1000
tons. sir. says Billy IL SOC. says
Brownson. Thank 'ee, sir. says Billy,
saluring. And tho old man went to his
stateropn.''
Daily press. [volume] (Newport News, Va.) 1896-current, 1898-11-03
CLEARED FOR ACTION
British Narships Ready to
Put to Sea.
RussIA's INTENTIONS
CT the French-AugIo Trouble and
Seize Territory sn the TAR East.
Opinions In London


WEI Wal WEI, Nov. All the Brit
ish warshlps here. the first class battle
ship Centurion. the first class cruiser
Narcissus, the second class cruiser
Hernl1one, the torpedo boat destroyer
Whiting. the torpedo boat destroyer
Fame. the torpedo boat destroyer Handy
and the first class gunboat Peacock
have cleared for action and are ready for
sea at an hours notice.
The first class battlesnip Victorious and
the first class cruiser J'ndaunicd at
che Foo. are coaing to their fulles,
capacity.
to the meaning Of these warlike pre-
parations; but there is no doub, i'm
portant instructions are expected at
any moment. A large Russian flee, is
assembled at Port Arthur.
OF GRAVE. IMPORTANCE.
LONDON. Nov. 2The dispatch from
Wei Hal Wei, announcing the war
preparations of the British naval nu-
th"rities there is regarded here as beir &
OF grave Importance. coupled with the
French-An war preparations. 1t is
Surinised that Russia. profting by the
present strained relations between
Breat Britain and France has de-
cided to push forward her aims in the
far east by forcibly Selling the valuable
treaty port of New Chwang. which
Great Britain cannot permit. ii is
said.
COAST GUARDS IN READINESS
LONDON. Nov. 2--The fact that most
of the coast guards met throughout the
United Kingdom have been warned TO
be in readiness for mobilization is re
garded as meancinE sign. Alany Of
them have already Joined their ships.
Daily press. [volume] (Newport News, Va.) 1896-current, 1898-11-03
Travelling t"n,pnnioEa.

Travellers often prove by their expert
euccs that under certain conditions Ill
,ncn AFRO equal. y German banker. travel,
ing Ivy rail In II first class carriage toward
Vienna, had AS Il fellow traveller nt one Of
tho intermediate stations IN Old gentle
man. who entered into conversation and
proved very pleasant.
Tho banker got out before his cornpnn
ion, and AS hn did SO asked the gentleman
how far hc was going. The gentleman 70.
piled, Ito Vienna"
II have Il daughter very wolf married
there, said the banker II should like to
give you IL note of introduction To her y
have also daughter very we'll 1na-.
ricd here, - said the other
Would it he too great a liberty to ask
the manner inquired the banker
My daughter tho gentleman an
swcrcd, lis married TO the emperor of
Austria. 1t was tho old king of Bavaria
youths Companion
Daily press. [volume] (Newport News, Va.) 1896-current, 1898-11-03
Art In Washington.

dealer III picturcs-by the way, q man
who visits the capitol once year or SO
with a collection to sell--tells me that
Washington is one of the best mark cts In
tho country for really good paintings AS
rulo, be says, and remember that Mrs
Parnn Stevens used co say the very same
thing, WashiDgtonians are more artistic
than New Workers. We do now and then,
he admits, speak of $50, 900 pictures, but
In the main we know what picture ia
when 1T hasn't any kind of price mark
New York, he says, is in the Bouguereau
stage, and Washington has advanced to
the sheep stage of artistic development
Personally I think that Noah might have
prevented the waste Of lot OF good paint
by leaving sheep out of tho ark but if to
admire sheep landscapes, as tho piaturc
dealer assures me, is to- write oneself down
tho possessor of cultured taste I am
prepared to take back all over said about
mutton OH the hoof and to blcat Buan'
respectfully whenever anybody says art. -
washington Post.
Daily press. [volume] (Newport News, Va.) 1896-current, 1898-11-03
OLD BLOCKADE RUNNER.
Z Famous Craft Still Plies the Waters,
CHi rying Wntcrrnelons

Few people are aware Of the fact that
shero is still in existence, with Ports
mouth registry, blockade runner of the
late war. She Is still stanch craft, and
although she no longer fears the round
shot from blookading tleet, she skins
about as lively as though she were seek ing
to escape from some swift pursuing cor
vet. The blockade runner Is tho May
flower, Captain G. L. Taylor, and she is
now used In the coastwise trade. In sum-
mer she carries waternelons to Baltimore
or Jersey points and also to Washington,
where ut one time sho was held Us prize
OF war. says the the Norfolk Virgininn.
The Mayflower was built primarily for
the perilous work she was put to, and to
that end she was made exceedingly fast.
Her keel was laid in Nassau, West Indies,
and she was launched there in 1862
The Conlederates used her as II blockade
runner in and out of Charleston harbor
for long while, and she was so swift
that tho United States cutters were unable
to capture her. At last, after making a
magnificent dash for tho high sea- she was
caught in a dead calm 4 United States
gunboat bore down and nabbed her. She
was taken to Washington, conflscated by
the Federal government and sold under
the hammer. After the war she was used
IA VIC uSulAR DusllfOSS ana u0alIy taken
to Norfolk and again sold, and for Is years
She has been known ms one of the fastest
boats in Virginia waters
How long is she?" the Virginia man
was asked upon tho occasion OF his visit
to the old craft, glancing from how to
stern.
she's got not tonnage of 1896 and
gross tonn"ye of 2,127," the skipper re-
piled. And she's 90 feet over AL" he
sent on, land II feet abeam''
Quite large sails?' the reporter re-
marked.
Yes; 500 square yards Of canvas" the
skipper replied, land that big spread of
canvas saved her from going to the bot
tom some 80 years ago. She outran many
Federal coyvet, and more than one can
non ball has skipped across her bows in tho
days whom She was bringing ncedful
things to tho Confcderacy. But she's hors
yet. "-Pittsburg Dispatch