davidaulloa/AmericanStories huggingface dataset:
The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1898-04-01
BRILLlAATS.

Concealing faults is but adding
to them.
Nothing is more easy.than self
deception.
II you do good, forget it; if
evil, remember and repent of it.
The greatest and sublimest
power is often simple patience.
No man can give his best serv-
ice where he has not first gwen
his heart.
You cannot tell by the length
of mans face what he will do
in a horse trade.
In TRIES, infinitely clearer
than great deeds, actual char
acter is displayed.
Incidence is to the mind like
moss to a tree; it bindeth it up so
as to stop its growth.
All the land above sea level
would not fill up more than one
third of the Atlantic Ocean.
am not denying that women
are foolish. God Almighty
made 'em that way to match the
men.
Il suspect some crooked work
has been going on here" he said.
And he was right. His wife had
been driving nails.
A cremated adult human body
leaves a residum of gray ashes
which altogether does not weigh
more than about two pounds.
A P,ttsburg woman shot her
husband in the leg to keep him
at home, and now when he is
asked to go out with the boys he
offers lame excuse.
Such is man. No use in hav-
ing their hearts if you don't have
their stomachs. Mind me and
mark NE: Don't neglect your
cookery. Kissing don't last;
cookery does.
The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1898-04-01
From sycamore Dale.

Rev. w. M. Rider, will hold a
series Of meetings at the Syca-
more church, beginning Tuesday
night, March 81; and also the
The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1898-04-01

Brighten up your old furniture
and make it look like new with
the Furniture Polish D. K. Reed
& Co. sell. 90
The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1898-04-01

Whooping cough is the most distres
sing aalady; but its duratian can be
cut short by the use of One Minute
Cough Cure, which is also the best
known remedy for Group and all lung
and bronchial troubles, R. J. Criss. IS
The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1898-04-01
ACKNOWLEDGEMENTS
ERNEST B. MORT
Special Agent
For Sale of Stock of the
Northern Pacific
And Alaska Mimi
Transportation
And Trading Co.
+ Location
SNUG HARBOR.
COOKS INLET,
ALAS

D1REcToRs-Henry A: Parr t,, Z
dent Baltimore; John Z, Cox .;as
President, Baltimore; ChrlsIlHPRo
vries, Treasurer, Baltimore "a
Ramsay. Secretary, Baltimore, u,
r. Tingle, General Manager, Ais'e'
The Traders National Bsns &
OlarksburR. West Va, has pee asn n
ed as q depository for the compa
local subscriptions. :,
For additional information N N
fChas, ]. God, or Ernest D.
Clarksburg, W. Va.
The Advocate and news., 1898-04-13

who was injured was exercising due care
In a particular instance, his general repu-
tatlOn for care and prudence is not admis-
sible for or against him.
4. The general rule Is that the opinions
OF witnesses are only admissible upon
grounds OF necessity, but they cannot be
given upon the ultimate facts which Il Is
the duty Of the jury to determine, nor by
witnesses not qualified to speak upon the
subject of inquiry.
5. Where recovery Is sought in cases OF
death or permanent injury, standard life
tables may be introduced to show the prob
able duration OF life OF one injured or
killed, hut the statements of q witness who
has no knowledge of the question: except
such as he may have gained from cOnsillt
ing such tables, are not admissible.
All the Justices cOncurrlng.
A true copy.
Attest: JNO. MARTIN,
LsealJ Clerk Supreme Court.
The Advocate and news., 1898-04-13
No. 1O61S
A. De Lissa
VS..
Fuller Coal and Mining Co.
Error from Crawford County.
AFFIRMED.
Syllabus. By the Court. Doster, C. j.
Syllabus.

l. When, to a petition alleging that
contract signed by H. was in reality exc
cuted by him for and on behalf of the de-
fendant, an answer was filed consisting:
First OF O general denial second, that II.
was fraudulently induced to sign the con-
tract; Held, that the allegation of fraud
though mads as to wrongs committed upon
f. and not upon the defendant, was ma
terIal as defence; the two defences were
not inconsistent; the defendant could not
be required to elect upon which defence
ne would stand, and the burden OF proof
did not rest upon him, as in the case OF a
plea of confession and avoidance
q An improper cross-examination OF the
plaintiff considered, and held not TO have
been prejudicially erroneous.
All the Justices concnrring.
A true copy.
Attest: JNO. MARTIN,
[Seall Clerk Supreme Court.
The Advocate and news., 1898-04-13
lO4S

The Monarch Cycle Company, ct al,
vs..
w. p Waggener, trustee, ct al.
Error from Atchlson County.
AFFIRMED.
Syllabus. BY the Court. Allen, j..
The equitable doctrine that where one
creditor Ia secured by mortgage on two
properties, and another on only one Of
them, the former shall be required to ex-
haust that on which he only is secured be-
fore resOrting to the other, does not extend
80 far as to require q creditor of a part
nership who is secured both by chattel
mortgage on the personality of the firm
and by mortgage on the individual real
estate Of one member, to sell the real
estate, and thereby deprive a creditor hold
ing O junior mortgage on the land OF his
security, In order TO preserve the personal
property as security, In order to preserve
the personal property as security for a
creditor holding O chattel mortgage on II
alone, though senior In date to the second
mortgage on the land.
All the Justices cOncurring.
A true copy.
Attest: JNO. MARTIN,
[Seal1 Clerk Supreme Court.
The Advocate and news., 1898-04-13

It. Held; That the instrument does not
amount In law 90 q statutory assignment
for the benefit OF creditors, but should be
given effect In accordance with the Ordi-
nary Specification OF the language en-
plOyed.
All the Justices concurTing.
A true copy.
Attest JNO. MARTIN,
[Seal.l Clerk Supreme Court.
The Advocate and news., 1898-04-13
No. lO62l.
A. p. Buck, ct al,


vs..
The Union Pacific Railway Company.
Error from Court OF Appeals, Northern
Department.
REVERSED.
Syllabus. BY the Court. DOster, C. j.
l. The question whether O fire guard one
hundred and forty feet wide along a rail-
road right OF way, Is ordinarily sufficient
TO prevent the escape OF fire from passing
locomotives, Is question OF fact for the
jury and not Of law for the court; and, as
to the Union Pacific Railway Company,
whose right Of way In most places was
fixed by Congress at four hundred feet,
such question cannot be determined as a
matter Of law, from the fact that under
the statutes OF this State the maximum
width Of railroad rights Of way has been
fixed at one hundred feet.
2. The allegations of petition for dam
ages caused by the escape of fire from a
locomotive examined, and held to be suffi-
cient In respect to the particular charge
OF negligence upon which the verdict for
plaintim was returned.
All the Justices cOncurring.
A true copy.
Attest: JNO. MARTIN,
lSeaLI Clerk Supreme Court.
The Advocate and news., 1898-04-13
1OGO5.
Il. Il. Barton, ct al,
VS..
Joab Mulvane.
Error from Reno County.
AFFIRMED.

1. Where the defendant in replevin ac-
tiOn has never conceded the right of the
plaintiff to the possession Of the property
replevined, but, on the contrary, has de-
MED the claim and right of the plaintiff
thereto, and has otherwise shown that a
demand would be unavailing, proof of de-
mand and refusal is unnecessary
g. Section 5, Chapter 257, Laws of 1889,
providing that when actions are begun in
this State, 1t shall be lawful in defense
thereof to plead in in bar or in abatement
that the plaintiff or any other person inter-
ested In the prosecution of the case Is a
member or agent of an unlawful combina-
tion or trust, applies to actions which will
promote the purposes Of the unlawful COM
bination or trust, or which grow out of the
same, or some contract or business trans
action thereof, but was not intended to
deprive the plaintiff Of the right to resort
to the courts for the protection of property,
rights and interests in no way connected
with such combination or trust
g. Upon the facts of the case, it is held,
that the plaintiff who recovered possess
sion Of property was also entitled to re-
cover the usable value thereof between the
commencement of the action and the time
of the trial.
All the Justices concurring.
A true copy.
Attest: JNO. MARTIN,
[SeaLl Clerk Supreme Court.
The Advocate and news., 1898-04-13
Emma Proprit1.
Error from Leavenworth Count,
REVERSED.
Syllabus.
by the Court.

syllabus by the Court. Johnston, j.:
/. While an action was pending In the
State court against the receiver OF rail-
road, appointed by the Federal court, a
notice was given requiring all persons hav-
ing claims or demands against the receiver
70 present them to q special master within
a given time: Held, that the notice did not
preclude the prosecution Of the pending
action to final Judgment In the State court
3. The liability OF q receiver Is official and
not personal, and a judgment rendered
against him Is payable out of the trust
property and funds brought within the Gus
tody OF the court; but when 1t does not
appear that the recelvership ls terminated
mere aVerment that the property and
funds have passed out OF his possession
and beyond his control viii not constitute
Il good defense In an action against him
Gor personal injuries alleged TO have been
negligently inflicted.
s. On the question whether a trainman
The Advocate and news., 1898-04-13
1882.

Ihe wrought iron Bridge Company
vs.
The City Of Arkansas City.
Error from CowIey County
REVERSED.
syllabus. BY the Court. Doster, c. j..
I. When the electors OF a city of the sec
ond class have duly voted aid to the con-
struction Of a railroad, and the road has
ben constructed in compliance with the
terms OF the proposition voted for, mem
ber OF the city council who was Q con-
tractor from the railroad company for the
construction OF the road, is not disqualified
from voting az O meeting Of the city council
20 authorize the issuance OF the securities
to the company; nor Is the Mayor disqual-
flied from attesting the record OF the cOun-
cil proceedings directing the issuance Of the
securities, nor from joining with the clerk
In their execution, upon the ground that he
Is also the president Of the company to
which the aid was voted.
3. An order OF city council Of a city Of
the second class upon the Mayor and Clerk
of the city directing them to issue seCuri-
ties voted in aid OF the construction OF a
railroad made In the form or a motion by
one OF the Councilmen, adopted by q ma
1ority OF the council, entered upon the jour-
nal of the council proceedings, signed by
those voting for It and attested by the
Mayor and Clerk, Is sufficient in matter 90
form to authorize the issuance Of the
securities.
All the Justices concurring
Attest; JNo. MARTIN,
LSeal.l Clerk Supreme Court.
The Advocate and news., 1898-04-13
No. 1O622.
No. 1O622.
Thomas B. Samuel
vs..
Mary ]. Samuel.
Error from Brown County.
DISMISSED.
Syllabus.

Syllabus. BY the Court. Johnston, ].
A husband brought an action in Kansas
against his wife for the purpose Of obtain
ing q divorce. In her answer and cross
petition the wife asked for q divorce and
for alimony.s The court refused to grant a
divorce to either party, but made an eqult-
able division OF the property. To obtain
a reversal Of the judgment the husband
instituted q proceeding in error in the Su-
preme court. While the proceeding was
pending the husband established a resi-
dence in Oklahoma, and there brought an
action in which he obtained divorce from
his wife, and the decree barred her from
any interest in his property
Held, that he is now estopped to assert
error or to further prosecute his proceeding
in Kansas.
All the Justices concurring.
A true copy.
Attest: JNO. MARTIN,
lSeaLl Clerk Supreme Court.
The Advocate and news., 1898-04-13
lOl52.

Newman Erb Receiver OF the Kansas City,
Wyand0tte Il Northwestern Railroad
Company,
The Advocate and news., 1898-04-13
published April lS, 1881
Supreme Court SyIIabi.
NGl.
p. G. Johnson,
VS..
The State Bank OF Seneca
Error from Nemaha County.
REVERSED.
REVERSED.
Syllabus.
g7e4.
p. G. Johnson,


/. When In an action for damages for the
conversion OF personal property, the petl-
ton alleges ownership generally but the
reply admits the ownership to be special,
an that OF a mortgagee, such change 0t
Allegations constitutes O departure IN
pleading; and inasmuch as pialntim can
recover only upon the cause Of action stated
IN his petition, an objection TO evidence
under the repuRnant matter stated in the
reply should have been sustained.
q When q mortgage or personal prop
erty has sold enough OF II to satisfy the
mortgage debt and expenses OF sale, the
residue becomes subject TO seizure upon
execution against the mortgagOr, and the
mortgage cannot withhold II from an offi-
Ger with process of sale upon the ground
that he has agreed with the mortgagor to
continue In possession of the property and
to sell II after satisfaction Of his own debt
and out Of the proceeds Of the sale TO pay
orders drawn upon him in favor OF the
mortgagOr's creditors, and that In pursu-
ance 10 such agreement he has In writing
accepted and agreed to pay such orders.
All the Justices cOncurring.
A true copy.
Attest: JNO. MARTIN,
[Sea.l Clerk Supreme Court.
The Advocate and news., 1898-04-13
1857
Matte ]. Heaton,


VS.,
The Norton County State Bank, Thomas
Burton and W. 7. Shoemaker.
Error from Norton County.
REVERSED.
Syllabus. BY the Court Johnston, j.:
1. A wife is not bound by q contract in
duced solely by the threats Of parties that
In case she fails to enter into the contract
they will cause the arrest and imprison-
ment Of her husband.
2 IL II Is ever material whether the threat
is Of lawful or unlawful Imprisonment, 1t
does not prevent the wife from making the
defense Of duress where the guilt OF her
husband has not been conceded or shown.
3. A notary public, who took the ac-
acknowledgement of the wife TO the contract
and instrument Of conveyance alleged to
have been obtained by duress, and who
acted as the agent Of the parties exercis-
ing the duress is competent witness as
to the acts, declarations and circumstances
preceding and leading up to the executing
of the papers by the wife.
All the Justices concurring
A true copy.
Attest: JNO. MARTIN,
[Seall Clerk Supreme Court.
The Advocate and news., 1898-04-13

In the Supreme Court of the State of
Kansas.
l, Jno. Martin Clerk OF the Supreme
certify that the foregoing are true and
correct copies of the syllabi of the decis-
ions in the above entitled cases as the
same appear on file in my office
Witness my hand and the seal of the SUI
preme court, this 18th day of April, 1898.
Attest: JNO. MARTIN,
[SeaLl Clerk Supreme Court
The Advocate and news., 1898-04-13
lM4S


lOO4S.
b. C. Redlon
vs..
j. l.. Heath.
Error from Anderson County.
AFFIRMED.
Syllabus. BY the Court. Allen, J.:
One who signs a note as surety Of prin-
clpal debtor, who at the same time exc
cutes o mortgage on his land to secure the
debt, under an agreement between the
surety and creditor that the latter Will
promptly record the mortgage, and thereby
protect the surety against loss, is released
from liability by the failure Of the creditor
to record the mortgage within reasonable
time, whereby security sufficient to pay the
debt Ia lost.
All the Justices concurrlng.
A true copy
Attest: JNO. MARTIN,
tSeal.l Clerk Supreme Court
The Advocate and news., 1898-04-13
1O55O.
John Schnack,
VS..
A. II. Boyd, ct al.
Error from Pawnee County.
REVERSED.
Syllabus. BY the Court. Doster, G. j.:

0yHHDus' By INC OUuTI' DUsIVEI . 10
]. A proceeding under the statute to
charge a stockholder Of an insolvent cor
poration with the payment Of judgment
against It, Is independent Of the action in
which the Judgment was rendered-not a
continuation OF It, nor lnterlocutory nor
auxiliary to It; and upon review OF the
proceeding to charge the stockholder this
court cannot examine the record Of the
action against the corporation, when 1t was
not offered In evidence upon the trial of the
motion for leave to Issue execution.
2. Evidence offered to impeach a Sheriff 8
return of service Of summons upon O cor
pOration by the delivery of q copy to a
person as Its secretary, examined and held
to have been enormously rejected.
All the Justices cOncurring.
A true copy.
[SeaLl Clerk Supreme Court.
The Advocate and news., 1898-04-13
1@S1.
smith-McCord Dry Goods Company,
vs..
George B. Carson, ct M.
Error from Lyon County
AFFIRMED.
Syllabus. BY the Court. Allen, J.
Syllabus.

Plaintiffs brought this action to have a
certain written instrument declared an as
signment for the benefit OF creditors and
executed as such. The substance of the
writing Is that c. sells to M. p, & M. a
stock OF merchandise, in consideration OF
which M. n. & M. agree to pay certain
debts owing by G. to creditors named, and
20 sell the goods as rapidly as possible and
apply the net proceeds pro rata to the
extingulshment OF the debts mentioned.
1t also provides that the agreement shall
constitute a lien on the property sold to
secure the payment Of the debts mem
toned, and was signed BY al the parties to
The Advocate and news., 1898-04-13
lO6O2.

The State Bank Of Chase,
vs..
II. l.. Chatten, ct al.
Error from Mcpherson County.
AFFIRMED.
Syllabus BY the Court. Allen, j.:
Where q debtor purchases land, pays the
consideration therefor, and causes 1t to be
conveyed to another, before creditor can
maintain an action to enjoin the holder
Of the title to the property from conveying
II, he must reduce his claim against the
debtor to judgment.
All the Justices cOncurring.
D A true copy
Attest JNO. MARTIN,
[SeaLl Clerk Supreme Court.
The Advocate and news., 1898-04-13
No. 1000.
State of Kansas
VS..
Harry Morton.
Syllabus.


/. The matter Of allowing the prosecution
to indOrse the names of additional wit
nesses upon an information after the trial
has begun is largely within the discretion
of the trial court and it is only where the
court abuses it's discretion in this regard
that error will lie.
2. When an affidavit Is made in support of
an application for a continuance, and the
prosecution consents that the facts alleged
in the affidavit shall be treated as a deposit
tiOn, and the continuance is then denied,
the court will not allow alleged statements
of the absent witness, made out of court,
to be introduced to impeach him; but,
quaere: May not statements and matters
to which specific reference is made in
the deposition be cOntradicted by other
witnesses?
8. The evidence examined, and it is held,
that If the testimony referred to is OBJ
iectionable, it Is not sufficiently material
to have prejudiced the substantial right of
the defendant
All the Justices concurTing.
A true copy.
Attest: JNO. MARTIN,
[SeaLl Clerk Supreme Court.
The Advocate and news., 1898-04-13
1Oa3.

Syllabus. by the Court Doster, {. j.:
/. The declarations Of railroad engineer
made two or three hours after an accident,
tending to show himself to have been the
negligent cause OF the accident, when not
offered in impeachment of his testimony,
are lnadmlssible against the railroad COM
pany in q suit for damages for injuries
or death resulting from the accident
2. The City of Eureka v. Merrifield, Go
Kan. 794, reafiirmed and followed.
3. When a petition Omits an averment
necessary to show right Of action in the
plaintiff, and the defendant at every proper
and available opportunity throughout the
trial objects to 1t, and TO the reception of
evidence under 1t because of such omission,
1t Is too late after verdict in plaintiffs
favor, and the filing Of a motion for new
trial by defendant, to cure the defective
petition and the error of receiving evidence
under 1t, amending 1t to conform to the
facts proved.
All the Justices concurring
A true copy.
Attest: JNO. MARTIN,
LSeaLl Clerk Supreme Court.
The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1898-02-23

Manhattan around seventy-five and pay for
would pay the investor six per cent on his
money and a certain profit OF twenty-five
dollars per share on his holdings besides.
Also he advised to buy Lake shore around
one hundred and forty-fve dollars per
share; also wheat around fifty-fve cents.
Manhattan Is now selling at one hundred
and seventeen dollars per share, or forty
two dollars per share advance, and Lake
Shore one hundred and ninety-four dollars
per share, or forty-nine dollars per share
advance, and wheat one dollar per bushel,
or fifty cents per bushel advance. These
are cold uncontradictable facts that appear
ed in public print and in market letters.
The same man now advises to buy cotton
under six cents, corn under thirty cents
and Louisville and Nashville railroad stock
under sixty dollars per share. Every share
that is bought and paid for and laid away
in a safe will be worth good many dollars
more inside of one year. Cotton will show
one thousand dollars profit on one hundred
bales bought now, and Louisville & Nash
vile will be four per cent dividend pay
ing stock within one year and will be SELL
ing at eighty dollars per share. Corn will
be selling at forty cents before July next.
Write to e. X. Knott, stock and commission
broker, Burlington, Vermont, who has been
established in Burlington since 1886, who
buys and sells everything on the New York
Stock Exchange and Chicago Board of
Trade, and he will give you further partic-
ulars.
The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1898-02-23
@attkmam 4 Somrmal.
PUBLISHED EVERY "WEDNESDAY BY
The Vermont WatChman Company,
At Montpelier. VI.
TOWN REPORTS.

The WAToHMAN office is "heeled and
toed /" for printing Town REPORTS. Its
facilities have been greatly improved for the
rapid dispatch of the work. Stock and
workmanship the best. Correspondence of
town officials having the printing in charge
Is solicited.
VERMONT WATCHMAN Co.,
Montpelier, VT
The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1898-02-23
A. C.. S p I R O
FURRIER,
CORNER STATE AND MAIN SITS.
MONTPELIER, VT.
Decided Bargains in Our Clearance
Sale of the Entire Stock

of Jackets, Capes, Collarettes, Muffs,
Boas and Trimmings in all the Leading
Styles of Fashionable Furs, as Seal,
Marten, Electric Seal, Astrachan, etc.
Remodeling and Repairing of Fur
Garments at Reduced Rates.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1898-09-04

s ATTEST ADDITIONS TO THE BOOK SHELF,
s.
CskoDEn
WHEN KIGHTHooD WAS IN POWER.


managed by them on the principle of la
Dor co-partnership which means that
every employe may be part owner and
snail be sharer In results.
There are $50 and more of these cooper
alive establishments for production in
England, some of them over q generation
old. They have an aggregate capital of
upward of IS 900 900, turning out an annual
product of $40 900 900. and making profit
OF $500, 600 year-a better record of pros
perity than the cooperative store move
ment made in its generation.
Women who sit as directors in the
board of managers of the factories in
which they are both stockholders and
wage-earners towns In which large pro-
portion Of the population are co-opera-
tors, a great London gas company in
which every workman and officer Is a
shareholder and on the board of which
this year two of it's workmen are to sit
as directorS-these are specimens of the
novelties this economic traveller abroad
has returned to tell us of.
The book is graphically illustrated with
photographs, and an appendix contain
ing statistics on the subject is added.
But nothing is perfect In this world and
the author admits that cooperation Is not
always. His book is fascinating and I'M
doubtedly many people of whom he
writes are better off under cooperation
than they would be otherwise. But the
philanthropist is an unseen quantity in
their view of life.
In the end Mr.. Lloyd admits that Co