davidaulloa/AmericanStories huggingface dataset:
The Advocate and news., 1898-02-09
No. lOS43.


Eve Davis
Va.
The Travellers Insurance Company.
Error from Bourbon County.
REVERSED.
Syllabus. BY the Court. Doster, C.. j.
/. Hypothetical questions to an expert
Witness should be based upon the evidence,
and should not assume the existence of
matters material TO the formation OF a
correct opinion about which no testimony
ehas been given.
g When the issue In q case was what
one, or more, OF several injuries, including
the inhalation of Illuminating gas, caused
or contributed to the death Of a person,
1t was error to assume In n hypothetical
question to n medical witness, that such
person was found In "a semi unconscious
condition" as the result of breathing of
such gas, when upon the truth of such
assumption the witness in great part
founded his opinion. and when the only
testimony upon the subject was that upon
entering the room where the person was
asleep and arousing him, "He seemed just
Nike man waking up; seemed little slow
and hard to walten."
All the Justices concurring.
A true copy.
Attest: JNO. MARTIN,
[Seall Clerk Supreme Court.
The Advocate and news., 1898-02-09
First published February 9, 1881
Notice to Contractors.

The State Board of Charities will receive
Dlds lor Lne consGr1cIlon OF Leyees 10 PrOGecC
from the overflow of the river. The work will
consist in the building of two C9 levees, Of an
approximate length of one thousand Q,0O0) feet
(7) feet, to be constructed entirely OF dirt with
properly slOplng banks.
Bids will be made on per yard basis. Bid
ders are directed to submit sealed bids to DR..
T. O. Bidde, superintendent OF said asylum
The board will open the bids and award the
contract at l o'clock, Saturday, March 5, 1893
at the Office of the board at that institution.
Bidders can see and examine plans and Spe-
cihcatiOns OF this work on file with the Super
intendent of said asylum and they are invited
to do So Bidders will also enclose their certi-
fed check for Afty dollars $500 with the bid
submitted.
The board reserves the right to reject any
and all bids. Sc. WHEELER, Secretary.
The Advocate and news., 1898-02-09
Revocation of Authority of the West
moreland State Bank,
ToPEKA, KAs., FebruarY {, lSOS

TOPEKA, KAs, February Z, 1898.
]. +. O'Daniel. President; @. f. Morris, Vice
President; Warren Anthony, Cashier Vest
moreland State Bank, Westmoreland. Kan
SaS
GENTLEMEN:-Yo are hereby notified that
in accordance with the provisions Of section 20
of chapter AZ Of the laws of Kansas Of 1897, the
authority of the Westmoreland State Bank (a
mOFeland, KansaS) to transact banking busl-
ness is hereby revoked; and farther, that
have requested the Attorney General to COM
mence an action for the purpose OF dissOlving
said corporation.
JNO. w. BREIDENTHAL
[sEAL1 Bank Commissioner
The Advocate and news., 1898-02-09

permanent character, but are only called
into existence when a contest Is instituted.
g. A court is organized for each con-
test instituted, and therefore more than
one court may be In existence at the same
time
3. The Probate Judge is the presiding of
fcer OF the court, when not disqualified
TO act, but after he organizes a court and
the trial Is begun he cannot destroy the
organization or nulliRy the proceedings al
ready had by willfully Withdrawing from
the court or refusing to SIT with his asso-
ciates
T. After the Probate Judge had organized
a contest court and some preliminary mo-
tiOns in the contest had been heard and
determined, but the trial Of the merits
had not yet been commenced, the term OF
the Probate Judge expired: Held, that
the expiration OF the term did not work
dissolution of the court, nor make 1t neces-
saTy to re-hear and determine the prelim-
mary motions already decided: and that
II was the duty Of his successor to unite
with the two associate judges in hearing
and determining the merits OF the cOntrO-
Versy.
5. A bond for the payment OF costs filed
at the commencement of the contest which
Is approved by the Probate Judge is not
deemed invalid because 1t runs to the State
OF Kansas, instead OF to the cOntestee.
G. The evidence examined and held to be
sufficient to sustain the judgment OF the
trial court.
All the Justices cOncurring.
Attest: JNO. MARTIN.
lSeall Clerk Supreme Court.
The Advocate and news., 1898-02-09
Published February ., 1891
Supreme Court SyIIabi.
No. iOlO3.


n. Cornella w. Matthewson
vs..
Clinton l., Caldwell, assignee Of Angel
Matthewson and r. II. Snyder.
Error from Labette County
REVERSED.
Syllabus. BY the Court. Doster, c. j..
l. Where the issue between the assignee
Of an insolvent partnership and person pH.
claiming some OF Its securities as coliat-
eral to a debt was whether the partners
had in good faith deposited the securities
for the benefit Of the creditor In bank
vault TO- which they had access, and the
burden OF proof of such issue was upon the
assignee, II was error to allow him 10 prove
in the making of his case In chlet that
some OF the partners had handled ana
treated the securities as still belonging to
the firm, without also proving knowledge
Of such acts by the creditor and lack or
dissent by him, such evidence not having
been drawn out on cross examination or
the partner nor offered In impeachment
Of his testimony
Q. Under the assignment law, section 49,
chapter Ill, General Statutes 1891 the al
lOwance OF a claim by an assignee Is
binding upon him, unless afterwards set
aside for sufficient cause In direct pro-
ceeding, and he cannot after such allow
H0Gt nLlkdAt III IL GOlldltldl pIOCGNulIb AhN
existence or amount OF such claim.
2. A valid delivery Of prOmlssOry notes
as pledges may be made by separating
them from other like notes placing them
In a package with memorandum OF the
terms Of the pledge, pointing them out to
the pledgee and securing her assent to
the transaction, delivering them to her
husband in her presence as her agent, al
though he was also one of the pledgors,
and then placing them In the hands OF
an emplOye OF the pledgors with instruc-
tions as to their care assented to by the
pledgee. one OF which instructions was to
keep them In a bank vault to which the
pledgors had access.
L. Errors In the rejection of evidence,
In certain instructions TO the jury, In in
conslstencles between special findings OF
the jury, and in findings by It contrary
TO the evidence, pointed out and commented
upon.
All the Justices concurTing.
A true copy.
Attest: JNO. MARTIN
[Seall Clerk Supreme Court.
The Advocate and news., 1898-02-09
No. lO9s9.
syllabus,

1. The paintin was an experienced
switchman in the yards of the railway
company, where there was a repair shop
and tracks upon which broken and dis
abled cars were placed for repairs A de-
fective car had been placed on one of
tempt to uncouple It from another car
plaintiff was injured by a broken coup
ling attachment: Held, that the mere fact
that the car was out of repair with the
knowledge of the company Is not sutfl-
Cient to establish actionable negligence on
the part Of the company. Held, further,
that when plaintiff found the car upon the
repair track he was in effect warned that
the car was defective and unsuitable for
ordinary use, and must therefore be taken
to have assumed the risks incident to the
handling OF broken and disabled cars
2. The plaintiff cannot claim or recover
The Advocate and news., 1898-02-09

In the Supreme court of the State of
Kansas.
/, JnO. Martin, Clerk of the Supreme
Court of the State Of Kansas, do hereby
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.
preme court, this 7th day of February, 1898.
Attest: JNO. MARTIN
lSeaL1 Clerk Supreme Court.
The Advocate and news., 1898-02-09

No. 1O446.
Henry S. Ireton
Vs.
Bridget Ireton.
Error from Cowley County.
REVERSED.
Syllabus. BY the Court Allen, j.
!. The testimony Of witnesses, as recorded
IN Case-made, may not be introduced in
evidence on the trial Of an action between
strangers 10 the record, without proof by
a competent witness that the testimony
appearing In the case-made was actually
given at the trial as therein recorded.
2. Incompetent testimony is not rendered
the pleadings of the party seeking to in
troduce it, notwithstanding the fact that
the opposing party has failed to ask 1t to
be stricken out
g. In order that lease shall operate to
estOp a party therein named as a lessee,
who is in the possession of the land therein
described, from denying the title Of the
lessor, II must appear that he has either
obtained, or retained possession under and
by virtue OF the lease
All the Justices Concurring.
A true copy.
Attest: JNO. MARTIN,
lSeal.l Clerk Supreme Court.
The Advocate and news., 1898-02-09
Error from Leavenworth County.
JUDGMENT MODIFIED.

Syllabus. BY the Court. Auen, D.
l. A petition alleging cause of action
against a railway company, and certain
persons named as receivers of its property,
is not demurrable on the ground that 1t
ground that it fails to state cause or
action against either one because the other
is charged also with the same liability.
q A plaintiff having a just cause of ac-
ton for injuries caused by the manage
ment of a locomotive engine, may prose-
cute his action against both the railway
company and receivers appointed to take
charge of it's property, and may in one
action establish his demand against which,
ever Is legally liable. But where the re-
ceiVers are in entire and exclusive control
of the property Of railway company
thew alone are responsible for injuries
occasioned by the negligent management
of the property, and a joint Judgment
against both the receivers and the rail-
way company for an injury so caused is
erroneous so far as 1t imposes liability on
the railway company
8 In such q case where a verdict IS rem
dered in favor of the plaintiff, without
naming either of the defendants 1t VIII be
construed as a verdict against the receiv-
ers alone, and a judgment entered on such
verdict against both the receivers ana tne
railway company will be modified by vacat-
ing the judgment against the ralfWay cOIh-
pany.
All the Justices concurring.
A true copy. 49, Dr.or,Nr
Attest: JNO. MAhLlN,
ISeall Clerk Supreme Court.
The Advocate and news., 1898-02-09

damages upon grounds OF negligence other
than those alleged in his petition.
All the Justices concurring.
A true copy.
Attest: JNO. MARTIN,
lSeaLl Clerk Supreme Court
The Advocate and news., 1898-02-09
No. 10464.
George A. MacElree
vs..
Lillian WolfeTsbergeT.
Error from Harvey County.
AFFIRMED.
Syllabus.
BY the Court. Johnston, J

Syllabus. BY the Court Johnston j.
/. In a breach Of promise case the in
structiOn was given that IF the promise of
marriage was to be performed in the fu-
ture, and no time was specified for the
performance of II, and such contract Is
capable Of entire performance within one
year from it's date, 1t Is not within the stat
ute Of frauds. This question does not depend
entirely upon the intention or understand
ing of the parties to the contract, nor upon
the fact that the promise was not performed
within one year; but If when the contract
was made II was In reality capable of full
performance In good faith within year
without violating the terms Of the con-
tract, or without the intervention of eX-
traOrdinary circumstances, then 1t Is to
be considered as not within the statute of
frauds, and valid and binding contract"
Held not to be Inappropriate or erroneous.
O. In such case, testimony that after the
marriage contract the defendant induced
the plaintiff to change her church rela-
tions and transfer her membership to the
church of which he was member Is
admissible
g. Where the findings Of the jury are sus-
ceptible of two interpretations the court
will, II possible, adopt the one which Will
harmonize them with and sustain the gen
eral verdict.
All the Justices cOncurring.
A true copy. -
Attest JNO MARTIN,
lSeaL1 Clerk Supreme Court.
No. 1Oi44
Il. ]. Vickers
vs..
The Board of County Commissioners of
the County of Cloud ct al
Error from Cloud County.
REVERSED.
Syllabus. BY the Court Johnston, J.
A county Is liable to any person who,
without contributory negligence, is injured
by the fall OF O defective bridge while
such person Is at work under the bridge.
The statute giving the right of action APP
plies as well to those who are rightfully
Under the bridge as to those who are trav-
cling over 1t.
All the Justices cOncurring.
A true copy.
Attest: JNO. MARTIN,
lSeaLl Clerk Supreme Court.
No. lOS39
William II. Brown
VS..
The Advocate and news., 1898-02-09
No. 1O477.
Aldace f. Walker, ct al, receivers
VS..
L. G. Brantner.
Error from Crawford County.
REVERSED.
Syllabus


/. In an action brought by widow
against a railway company for negligently
causing the death of her husband, his
declarations concerning his conduct and
other facts relating to the cause Of the
injury made after the injury was received
are admissible in evidence against the
plaintiff as declarations of deceased per-
son made against his own interest, and the
fact that the person by whom II Is sought
to prove such declarations Is the Super
intendent of the defendant company, does
not render him incompetent as a witness
to prove them.
g. The testimony in the case considered
and held not to present such showing of
contrlbutory negligence on the part Of the
plaintiffs husband as to require the court
to declare as a matter of law that the
plaintiff is not entitled to recover.
3. The refusal Of the court to submit per-
tinent special questions Of fact to the jury
and require answers thereto held error.
All the Justices cOncurring.
A true copy.
Attest: JNO. MARTIN,
tSeall Clerk Supreme Court.
The Advocate and news., 1898-02-09
No. 1O46G.

The AtchisOn, Topeka & Santa Fe Rail
road Company
VS..
The Consolidated Cattle Company.
Error from Sumner County.
REVERSED.
Syllabus. BY the Court Allen, j.
/. The parties to law suit have an alb
Solute right to be heard by counsel, not
only at the trial of the issues Of fact but
also on motions involving the substantial
rights of the parties and where the trial
court refuses TO hear any argument on
a motion for new trial OF case tried
to jury on conflicting oral testimony,
and overrules the motion ana enters ludg-
ment on the verdict, the judgment will be
reversed without inquiry by this court into
its merits.
2. In an action to recover damages from a
railroad company for injuries to cattle
caused by delay in the transportation or
them, the declarations of the trainmen
as to matters in the line of their respec-
tive duties, and relating to the cause or
delay made at the time and while they
were charged with the duty of propelling
the train, are admissible against the COM
pany, but such statements must relate to
their conduct, or duty, at the time. Mar
ratiOns Of past occurrences or Of matters
concerning which the emplOye making the
statement had no knowledge, and did not
make in the discharge of any duty are
inadmissible.
3. One who sells cattle to be delivered at
a distant place and contracts with rail-
road company to transport them TO the
place of delivery has sufficient interest
in the cattle to enable him to MAINTAIN
an action against the railroad company to
recover damages for delay in transporting
them.
All the Justices concurring.
A true copy. ,r
Attest JNO. MARTIN,
lSeall Clerk Supreme Court.
The Advocate and news., 1898-02-09
No. 1O44S.
John V. Farwell Company
vs..
w. G. Lyklns.

Syllabus. BY the Court, Doster c. j..
Where the original petition and an
amendment made thereto construed to-
gether set out a claim OF indebtedness
upon an itemized account and also upon
promissOry notes given for such account,
and the court trying the case without a
fury specially finds in defendants favor
as to liability upon the notes, but makes
no special finding as to liability on the
account, but renders a general Judgment
Tor costs In defendants favor, such judg-
ments will be held to be inclusive of the
issues as to the Indebtedness upon the ac-
count and to bar an action subsequently
begun to recover thereon.
Allen, j., and Johnston, j., cOncurring.
q DOster G. j., dissenting.
A true copy. -
Attest: JEO. MARTIN,
lSeail Clerk Supreme Court
The Advocate and news., 1898-02-09
No. 1O4S2.

The Union Pacific Railroad Company, and
s. H. Clark, ct al, receivers,
VS..
Fred Smith.
The San Francisco call., 1898-10-20

Through more than two centuries the haunt of slave dealers and pirates, who followed the example set by Captain John Hawkins in 1562, 1t was the site chosen for the first practical attempt to make some reparation for the grievous wrongs previously done to West African natives. In l7S7, at the inStigation of Granville Sharp and other philanthropists, the British Government sent to it cargo of about four hundred liberated blacks then eighty. white women of loose character to keep them company; and on a plat of land bought from the native chiefs FreetoWn was started, as the basis of free com munlty or colored British subjects This early settlement, added to and repienished by other consignments, was none foo prosperous. Ine newcomers quarreled with one another and with their neigh bors. They were turbulent and indolent
 sickly and short lived. Matters i'm, over by a Sierra Leone CompanV io 17ei put II was only saved from ruin by self, sacr1nclng energy of Zachary Maca,laI-
 the historians father, who was Govern4rr or the struggling colony from 17as to 700
 .. III tnese ana later years the popula- was steadily increased by fresh s,Inn1ies,, rom the West Indies and elsewhere. . .,d IL grew more rapidly after 1907. when Enc Iand snare in the slave trade was aan.oI1sned by act of Parliament, and when direct rule of the crown came to ba the the prlncipai asylum for captfves rescued rom Illicit Slavers, as well as for. FIN
 aWays rom the interior Accordine to sr sne eoo census of 1891, 1t then contained over oo,sS oo,uoy M Mnperatea Africans and their des- cenoants. oesides-in so much of the fer Tltory as was under any sort of settled rule-more than 40 900 other black naonIa ana zz4 Wnltes.-Fortnightly Review.
The San Francisco call., 1898-10-20
ANARCHISTS WITH
 MUSICAL TENDENCIES

There Is a full-fedged band of anar- chists in town. The police have been noti- fled and are on their guard and it Is said that the Chevaiier Philip Serra sleeps with one eye open.
 The anarchists are about twenty strong, and twelve of their number are recog- nized as leaders whose commands are to be rigidly followed and implicitly obeyed.
 They have their headquarters at the cigar factory of Mime. Rosa Reseghini, 1345 Dupont street, where they hold nightly conference, discuss everything in general, proclaim their love for music, and incidentally do little talking about anarchy.
 During the day a few of the anarchists work. The major portion of the labor CTS dish out spaghetti at Italian restaur ants, and the remainder engage in the inspiring occupation of the job painter. all earnings are pooled and equally di- vided after the leaders have appropri- ated their shares. Anarchist leaders never work.
 The foundation of the San Francisco an- archist society, which is said to be a branch of the great international associa- ton, dates back to last November. The first meeting of the anarchists is touch ing incident, and the spirit which brourht them together a soulful poetic inspira- tion. The local branch of law despisers was first known to fame as a part of the picturesque though awkward supers of the Italian Opera Company which played an engagement at the California Theater
The San Francisco call., 1898-10-20
VOTE THE REPUBLICAN TICKET.

THUS far the local campaign has demonstrated
 that Phelan is doomed to defeat unless he can
 secure large number of Republican votes. There no reason why he should receive these, many reasons why he should not
 The only Republican inclined to vote for Phean will be the one who has the falacous idea that the present Mayor stands for purity, for good govern ment for lofty principles. With shade of regret we announce that Phelan stands for of these things He is simply selfish politician, with end in view beyond his personal advancement. He has great ann bitions He hopes to make the mayoralty stepping stone to larger fields.
 Let glance be taken at the record When Phelan was first nominated he insisted upon the right of naming the men who should compose the Board of Supervisors and the Board of Education He permitted to have his way. Two boards more rot ten never disgraced city There in each who should be in the penitentiary; in each the honest minority Is helpless
 Tn the present campaign Pheian has posed, he did before the specialization of purity politics While keeping up this pretense he contrved the Com mittee of One Hundred, which assumed the power to absolutely sway the Democracy, and he himself is this committee The other ninety-nine are figures In the name of this committee Phean has overrdden the rights of the party and of the public Under the shadow of its authority he has constituted himself boss whose word law, and whose aspira- tions constitute the thing to be accomplished He accepted the nomination of the (non) partsans before they had adopted platform and did the with the Democrats He did not care for principles it was office he courted
 Now the fact appears that for the purpose of pro-
 noting his personal schemes he has induced reputable citizens to go through the form of changing residence they might be able to represent in his precious board some ward in which they had never lived. He persuaded them that by packing nghtshirt to some other quarter they would acquire the right repre- in the councils of the just and holy which he expected preside All of which is hypocrisy and nonsense.
 Phean has been shown in his true colors. He poses for effect and the effect is not what he hoped In the words of the street people "onto him" Why should he have any Republican support? We con- fess to inability to answer.
 His party, the party he to lead by its collective nose, is disgusted. Left to its support alone he would be the worst defeated of any man who sought the chair he now, in measure But idea has been prevalent that he is sweet and pure that he ought to be supported re- gardless of politics. It IS this idea, founded on noth- ing, to which he must pin his hopes It is this idea feel 1t duty to dispel There is scant excuse for a Democrats voting for Phean; for Republicans there is none.
The San Francisco call., 1898-10-20

last November. Between the. acts the enemies of all governments met in friend ly concourse, and it Is claimed that the brilliant garb of the brigand that they wore was responsible for 1t all.
 After the opera season the supers duly organized and established headquarters at La Boheme,'' 42S Broadway The sa- loon, named after Puccini's great master piece, was not a financial success and headquarters was removed to Dupont street. La -joheme," however, was doomed to failure, and soon the sheriff S lock ornamented the swinging doors. Ii was then that Madame Rosa made offer of her factory and the anarchists brought their troubles to the Dupont-street cigar store.
 On Saturday evening last the society added variety to its meeting by railing Q picture of Pietro Gori, from the brush of Angela Zocchi, and the rather small pro- ceeds were donated to the fund to sustain the anarchist press.
 Since the organization of the local branch the anarchists have lost one infiu- ential member, Arthur Biag1. Biagi ap- peared at one of the anarchist meetings in full suit of clothes and silk hat and for that offense one Bonini broke his face and destroyed the remaining anarchistic germs within the Biagi heart.
 The Italian colony, though aware of the existence of the band, expresses no un- easiness over the organization, and all reference to 1t is met with an expressive shrug and expansive smile.