davidaulloa/AmericanStories huggingface dataset:
The Advocate and news., 1898-06-08
Syllabus.

In tho Kansas Court OF Appeals, Southern
Department, Western Division.
No. $40.
]. X. McLain, plaintiff In error,
vs..
Dan BIrchAeld, defendant In error.
Error from Barton County.
AFFIRMED.
Syllabus. by the Court schoOnover. J.
1, The errors complained OF examined: Held
not sufficient TO require reversal OF the case
9. Where a trial court IL Justified, under the
evidence, In directing verdict for the plain
tlR, IL lS not error TO refuse to direct the Jury
to And upon particular questions OF fact re-
queGted by the defendant.
All the Judges cOncurrng.
Opinion fled May 10, 1909.
Attest; ''p' Ell wEsTGATE,
lSeal.l Clerk.
In the Kansas Court OF Appeals, Southern
Department, Western Division
No. 2OO.
Frick Company, corporation, plaintiff In
error,
vs..
Robert Stephens, Zera stephens and M. N.
Stephens, defendants In error.
Error from Rush County.
REVERSED.
Syllabus. BY the Court. Milton, J.
1. In q replevln action involving the right OF
possession of "a traction engine and other chne-
tells as between the mOrtgagee, the plaintiff,
and the mOrtgagOTs, the defendants, It was
error 10 admit aS u defense TO the action evil
dence In support OF a cOunter-claim for dam
ages resulting from failure OF the mOrtgagee
10 deliver the engine Mt the time agreed upon,
where lt appeared that the mortgage and the
fendants after the delivery OF the engine, for
which the same were executed without pro-
test OF objection on account OF the delay Id its
delivery.
9. Where in such case, the verdict OF the
Jury, In addition TO finding In favor OF the
defendants as to right OF possession or the
mOPtgaged property, allowed to them damages
as q set-OR equal In amount to that OF plain
tlfR's debt which was secured by the mortgage,
and where the court, at the request OF the de-
which found in their favor AZ to the right OF
pOssesslOn Held, that judgmentin favor OF the
plaintiff for possession OF the property and for
costs should have been rendered.
All the Judges cOncurrlng.
Opinion fled May 10, 1893
Attest: E. J. WEsTGATE,
Iseal. Clerk.
The Advocate and news., 1898-06-08
published June 8, 1897
Court SylIabi.

In the Kansas Court Of Appeals, Southern
Department, Western Division.
No. 2lS.
The Central State Bank OF GeneseO, Kansas !,
corporation; Frank Foster and Billa StOd-
dard, plaintiffs In error,
vs.,
Byron Walker, Frank Walker, Byron Week
man, John Walker, Leonard Mclaughlin
and CLARK Conkling, defendants in error.
Error from Rice County.
REVERSED.
Syllabus. BY the Court. Milton, ].
Where the evidence on behalf OF plaintiffs,
who sought TO recover u Joint Judgment for
conversion of wheat stored by them, severally,
In an elevator, tended TO prove separate ball
me ntg only and not sales OF the grain, u was
error TO OVerrule demurrer TO such evidence
on the ground OF mlsiolndeF OF parties plain
tin and OF causes OF action,
All the Judges COncurrlng.
Opinion fled May 10, 1893.
A true copy -
Attest: +. ]. WESTGATE,
[Seal.l Clerk,
The Advocate and news., 1898-06-08

Whitmere Bros, BARRIERS, 7S5 Kas. Ave.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-10-08
STREET CAR GRANT
Must be Accepted by Church
People by October 10.
SIX CONTRACTORS BID
For Work of Constructions
Church Denies a Sale.

In an article regarding the street car
situation, it was stated in the Eagle Wed
nesday morning. that the Church people
would have TO sign a contract accepting
Inc fraschise on or before next Tuesday
night. The statement is incorrect, as they
publication OF the ordinance IN the Eagle
in which TO accept. The ordinance extend
ing the franchise was published in the
Eagle on Septem Der Is. which would extend
:he option of acceptance 10 October l6.
From the date of acceptance, the Church
people are allowed thirty days more in
which to bein work. so that they still have
considerable time in which 10 get 10 work
on the lines. There are constant rumors
chat the franchise viii be sold to a COM
pany Of local capitalists backed by an out
side corporation, or TO an outside company
direct.
Some months ago when Mr.. De Long
was here from Kansas City he was quoted
in the Eagle TO the effect that he repre-
scented a concern in Kansas City that want
ed to get the franchise and were willing TO
pay literally for the privilege. It was
suggested that the impression given some
Wichita men was that he represented Mr..
Scott of St. Louis, but this Mr.. De Ford
stoutly denied.
w. Q. Church said yesterday the letter
accepting the franchise would be here from
his brother, II. B. Church, president of the
company, who at present is in Boston,
some time next week. within few days.
He says that this talk of sale of the
franchise is all wash. He insists that the
directors of the company are the only ones
who can sell any of the company's prop
erty and that the directors, of which he is
one have not been advised of anything Of
the kind. This Mr.. Church says ought TO
convince every business person in Wichita
that so Tar there has not been any deal
proposed looking to the sale of the fran
chise. H. B. Church, he says, is in Bos-
ton now. figuring with the contractors on
the details of the work. Firms from Phi.a-
delphia, Chicago. Boston, New York and
other places have submitted bids for the
work. Something like six firms of almost
national reputation have asked for the con-
tract of construction.
Inc coHeSeS mere dIe Ho" very dHAious
for the speedy repair of the transportation
facilities Paramount people claim that the
of the service hurts the at
tendance, at classes there not little
The same is probably true OF the Friends
1t will be matter for the contractor to
decide as to when he will commence work
first According to the ordinance work
must begin before November Is.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-10-08
CITY IN BRIEF

Ed Hoover went to Kansas City yester-
day morning.
James Derr has returned from a trip to
Pennsylvania
Mrs. G. C. Kensler will return today
from Wellington.
County Attorney S. B. Anidon was in
Garden Plain yesterday.
Sheriff Simmons returned home yester-
day from trip to Oklahoma.
A T. Payne returned home from the
Kansas City carnival last night.
Mr.. and Mrs. I. W. Gill have returned
from short visit 10 Wellington.
Frank o. Davidson has returned home
from visit to the Kansas City carnival.
DR.. C. c. Purdue returned home yester-
day morning from trip to Kansas City.
T. B. Murdoch. editor of the III Dorado
Republican. was in the city yesterday for
q. few hours.
Mr.. Ike Ault came down from Topeka
yesterday morning to visit over Sunday
with his family.
H NJ Langley and wife Of Springfield
No. are stopping at the Manhattan for a
lew Gays.
s L. Maxwell Is home from a short trip
10 Kansas City. where he combined bust
ness with pleasure.
2. N Anderson returned yesterday
morning from q business trip 10 the west
-ern part OF the state.
VIII a. Ayers returned home yesterday
morning from Hutchinson. where he at
tended a political meeting.
John T. Fig Of Indianapolis, Ind, ar
rived in the city yesterday and viii prob
ably spend the winter here.
John ". Adams returned home yester-
day morning from Medicine Lodge, where
he has been on legal business.
Mr.. Wiaiam Campbell has returned
from Denver. where ne attended the
Mountain and Pain festivities.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-10-08

here has made a host of friends who will
be glad to hear of his good fortune but
who will miss him, as well as Mrs.
Brown, from the circles whore they are
50 well known. Mr.. Brown came here in
1895 to open the Midland Office. 1t was
just after the road went into the hands
Of the courts. Prior to that time he had
been with the Santa Fe for ten years and
is a clever ira c man. He viii have
charge of freight traffic particularly in
the Denver district. and will no doubt
make a success in his new office.
There is considerable speculation as to
a successor TO Mr.. Brown as a general
agent here for the Colorado Midland
While not officially announced, it IS sur
missed that the office Will go to William
II .Donnell. the efficient travelling freight
agent Of the Rio Grande Weste wha
has been with that company many years
and is a successful railroader as we'll as
great favorite."
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-10-08
THEY RESENTED It
Attempt TO Distribute Badges
at German Celebration.
COARSE POLITICAL TRICK
Citizens of Wichita Resent
the Scheme.

A number Of the participants in the fee-
dvities of German day in Wichita are
wrought up over an attempt to give a pO-
htcal complexion to the celebration
through the circulation of a political
badge.
Yesterday many of the leaders in the
celebration denounced the attempt and
the men who conspiTed 20 mix politics
With purely social affair.
German day was celebrated with ali that
good cheer and mirth common TO the de-
scendants Of the Fatherland Wichita
has many German residents It's first citi-
Zen was a Greifenstein, and ne is the
father Of the city today. From the earE-
Est days they have given some Of the best
holidays in the history of the town. and
Until this year no one has had the temer-
lty TO push in and try to make politics
OF it.
A large portion of the citizens and mer-
chants of the city have German names
End ancestry. 1t is their custom on Ger
man day to participate in the festivities
In a purely social way. No one ever
thought of the political vitws of any one
who attended. No one cared whether this
man was Republican a Populist, a Dem
ncrat; free trader, free silverite, tariff re-
former, protectionist, or what not.
The speakers never made political refer
ence TO anything. The brilliant talks
made during the day by DR.. Keuhne, Col
onel HUFFMAN, julius Zimmerman and
Otto Eckstein had no more politics in
them than has a board of trade meeting.
Some time during the celebration the
festivities were flooded with badges read
Ing: compliments Of We'll and Martin.
Leedy for governor. Amidon for county
attorney"
These were distributed around for the
supposed purpose of getting a portion of
the participants to wear them and give a.
pronounced political complexion to The
event.
OF course the people resented it The
badges were gathered up and most of
them disposed of. Soma Of them are be-
ing kept as curiosities.
There is good deal Of feeling over the
matter, and it is safe to say that next
German day no like political dodge will be
attempted.
DIR. Bulls Cough Syrup cOnquers
Group at once cures the child, and thus
saves many life. Mothers need not fear
that dreadful disease, if they have this re-
liable remedy at hand. II is sold by all
druggists for % cents.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-10-08
MUSIC AND DRAMA
ga RRFEZy TIME "

For the past several seasons It would
seem that the world has been in a laugh
ing mood, and the evidence of this is
found in the kindly reception glnev by
amusement seekers to all that class of
plays having their fundamental principle
the creation of merriment. So far has this
gone in the idea Of comedy creation that
the lines Of plot and counter-plot have
been almost entirely lost sight Of. and the
result has been a series OF productions
presented in the guise of farce comedy
that were little more than a congiomer-
alton Of speciality features strung together
and separated into three or more divis-
ions called acts. The prevalence Of this
kind o fstaEe creations has given me pub
lie what would seem 20 be a surfeit in
their particular line. and while the public
desire for something funny still remains,
there is an inclination strongly marked to
seek it in plays that have more substance
in their composition. Working for this idea
the author Of A Breezy Time" has given
an amusing, we,l-told story thar Fltz and
WehSter's clever company OF comedy
players have succeeded n celebrating into
an enjoyable entertainments. meritorlous
from the fact that II not only mas a. the
elements Of music and fun. but is story
IS coherent and fun Of we. sustained in
terest. The three actS Of a Breezy
Time have been happily impreguated
with music. songs. dances and clever .Spe-
cialty features. al Of which are intro
duced in an easy and perfectly legitimate
manner. and the presentation gives 4
bright crisp musical comedy with the re-
freshiag novelty OF q plot-something de-
cide5ly new II the farce comedy 1sld.
and a feature that mss proven one Of the
strongest factors Of the phenomenal sue
cess Of the present season. This musical
comedy fairly sctnallatas witt u.rth and
Enerr.ment. has the sweetest songs 5oU.est
Jokes and the hap2isst ni;s During the
action Of -he comedy there are 1--WE dis
ttnct novelties introduced which are the
Ihree-iegged sailor lawn tennis quiate-te.
daso serenade. frolc Of tae frogs ana A
grand cake walk hv the entire COMPANY
a Breezy Time VIA be az the Crawford
Grand this afternoon a. the matinee and
tonight. Don't fan 20 see the grand street
parade at noon on above date.
Mr.. and Mrs. Levi Spau.dlns OF Mont
pelier, Indiana are visiting Mrs Spau!a-
ing's brother hare, \. E. EeIR
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-10-08
BROWN PROMOTED AGAIN
viii Be General Agent of the Colo
RADIO Midland

Mr.. o. A. Brown. who several years ago
was the district freight agent for the
Banta Fe in this city, and who left here
10 become the general agent of the Colo
RADIO Midland, with headquarters in Salt
Lake City, Utah, has again been advanc-
ed. 1t WIFI be remembered that his IA
her, Mr.. Henry Brown, died here very
Suddenly last March, of what was sup
posed 10 be heart failure. In speaking Of
1t the Daily Tribune of Salt Lake gives
The following:
'News of another highly important
change in local railroad circles leaked out
yesterday. 1t is the promotion of an
other popular general agent and will
cause more changes in the several Offices
go. a. Brown. general agent of the Col
orado Midland, has been promoted by
General Freight Agent Tanner to be gen
eral agent at Denver, the most important
office on the road, and although he him
Self would neither affirm nor deny the
news, it is certain that he will accept the
place. The matter has been kept very
uuiet and only a few were informed of
the pending change Mr.. Brown is most
popular official and since his residence
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-10-08
Dr.. p. A. Wolfe,
Specialist in Charge

! The case against Charles Guyer for pos
session Of the Occidental hotel was con-
tinued yesterday to October Is.
Fred vandegrift. of the Kansas City
Star, who was in Wichita Thursday, says
Wichita is the best town in the state.
DR.. NJ. w. Cave arrived home from
Kansas City last evening. where he had
spent a few days enjoying the carnival.
Mrs. j. f. Reese will leave next week
for Harrisburg Pa, where she will visit
with relatives and friends for several
weeks.
Sheriff Daniels of Winfield was in the
He called at the sheriff's office for a short
visit.
Mr.. and Mrs. Dott left over the Missouri
Pacific yesterday afternoon for Pitts
burg, Pa, where they will visit for a
few weeks.
R. R. Vermilion returned home last
night from Topeka where he has been at
tending to some legal business before the
supreme court.
]. c. Rose of Ponca City is in the city.
He is compelled to stay here longer than
he expected on account of an attack Of
malarial fever.
Mrs. E. L. Testard and son Frank re-
Gently of Kansas City, but formerly OF
Wichita, have returned here to reside
They are at present guests of Mr.. and
Mrs. c. I. Fuller.
The electric lights in Herman & Hess
store tonight will be fitted with McVey's
opalescent inclosed arc globes-the first
ever seen in this city.
Freeman Mccoy, son Of DR.. Mccoy, re-
turned home yesterday morning from
Iowa, where he had been visiting with
relatives for the past year.
F. L. Watson and wife are taking in
the sights of the Kansas City carnival
From there they will go to the Omaha
exposition for a short visit.
Messrs. Gerald Vo1k, B. L. Eaton and
R. G. Galusha came home yesterday
morning from Cairo, where they had
splendid success with their guns.
Mrs z. L. Testard and son Frank, re-
]. L. True a capitalist of Buffalo, was
in the city yesterday. He says that the
change over three years ago, when he
was last here, is simply marvellous.
II. F. Piele returned home yesterday
morning from southern Texas where he
went to get the remains of his daughter,
who died there recently. He brought his
grandchildren with him.
Mrs. NJ A Singer, president Of the
Wichita Hospiatl left last evening for
visit to ST. Louis and other points. Dur
ing her absence Mrs. A. z. Brown, vice
president, will manage the business of the
board.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-10-08
CHURCH BUSINESS MEETING
COngregationaIists Consider New
Church.


Last evening in the parlors of the
church, Plymouth Congregational church
and society held their annual meeting,
for the purpose of electing officer for the
ensuing year and the transaction Of all
business for the carrying on of the church
work for the coming year. The early part
of the evening was given up to the saciol
features of the work, the most interest
ing feature of this initial part being the
annual supper given by the ladies of the
congregation. An elaborate and thor
oughly enjoyed spread was laid in the
main room the church and a merry hour
was passed in feasting. After this very
essential part of the program the mOder-
ator, Mr.. W. j. Wilson, called the bust
ness meeting to order and the important
affairs of the body were presented and
acted upon. All the various lateral soci-
cites, standing committees and special Of
ficers made their reports and All showed
a very satisfactory condition of affairs,
spiritual, social and financial. The cleo
ton of officers resulted as follows:
Clerk-E. D. Kimball, reelected.
Treasurer-E. G. Robertson, reelected.
Trustees for a period Of three years-Mr.
Wallace and Mr.. George.
Deacons for term OF two years.. w.
Darling and Walter A. Graves.
fishers for one year-C. a. Rose and Mr..
George.
Music committee-Mrs. Wilson and Mr..
Orloff Johnston.
The deacons made recommendations rel
alive to charities and benevolences and
other disposition of the church funds; the
pastor, Rev II. E. Thayer, presented res
olutions regarding special administrative
work. and much other important business
was transacted. 1t was one OF the largest
attended and enthusiastic meetings of the
church in several years. and all felt that
the coming year would see even greater
gains along all lines of church work.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-10-08
COMING LOCAL EVENTS

The ladies of the EmpOria Avenue Bap-
fist church Will serve dinner and an cy-
ster supper in the store room of the
today.
Regular meeting of the U. c. T.. No. 90,
this evening at O'Clock sharp. All MEN,
bers of the council are requested TO be
pl esent for work. W. T. Cooke, senior
councillor.
The Stanley Flambeau club will meet
tonight at 7:15 O'Clock 10 prepare for pa
rade. The place to report is the Repubh-
can headquarters, 233 North Main. An
who drilled with the club two years ago
are invited to take part.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-10-08
Makes People Well.

The one true specific for diseases arising
from debilitated nervous system is Paine's
celery compound, so generally prescribed
by physicians. It is probably the most re-
markable remedy that the scientific research
of this country has produced. Prof. Edward
F. Phelps, NJ. D.. L. l. D., of Dartmouth
college first prescribed what is now known
the world over as Paine's celery compound,
a positive cure for dyspepsia, biliousness,
liver complaint. neuralgia, rheumatism, all
nervous diseases and kidney troubles.
Paine's celery compound has succeeded
again and again where everything else has
failed.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-10-08
HUMP HREY WASRIGHT
Lieut.. Humphrey, Wichita's
Hero of Santiago,
REFUSED TO GO OUT
Against the PilIager Indians
in Minnesota.

The Lieutenant Humphrey mentioned In
the dispatches from Minnesota describing
the fight between the Indians and Gener-
a. Bacon's command OF regulars on Bear
Island in Leech Lake. is Wichita's hero
of Santiago. Mr.. Humphrey was station
going TO Cuba After the term of his en-
i1stment should expire he intended 10 GO
to New York to study law. He was on
duty meantime at Deer River, Minnesota
in charge of a detachment Of the Third
Minnesota regulars.
When General Bacon was attacked on
Bear Island the police authorities Of Deer
River ordered Lieutenant Humphrey 10
the assistance Of the men or at least ask
ed that he go out against the Indians.
which were reported TO be within three
hours march of the place. Mr.. Humphrey
refused to go and was so reported in the
dispa tches.
IT has been the inclination Of some TO
blame the lieutenant for refusing to go,
but he explains that he was under the
orders OF a superior from whom he must
have orders before he moved
This action on the part of Mr.. Hum
phrey is certainly justifable. He had or
ders from the regimenta1 commander 10
remain on Deer river with the detach-
ment No Indian outbreak was expected
when the orders were given. but orders
are orders nevertheless. and Mr.. Hum
phrey said he should obey them.
He would probably have been reckoued
a hero of exceptional qualities had he
gone out and defeated the Indians But
if he had gone out and found the number
Of savages on the warpath greatly under
estimated and been beaten, or If they
had given him the slip and massacred
the inhabitants of Deer river then he
would have been censured by the public
and maybe have been contaminated by
the military authorities.
Anybody who has ever seen any ordin-
airy Indian, much less one of the Pilager
variety, wild not only say that Lieutenant
Humphrey could not foe blamed for not
going out from Deer river. but will give
him credit for having a mighty level head
on the Indian question
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-10-08
A NAN CAN'T WORK.
WHEN HE is SUFFERING WITH
PILES.
He Can't Eat. sleep. Can't Get Com
fort Any Way But One Pyramid
Pile Cure VIII Cure Him, Give
Relief Mt 0nPa


Just a little pain may so distract a
mans mind that it VIII cost him hundreds
of dollars. Life is a battle To succeed
one needs all his energies and all his
brain force to apply to the question at
hand. Even a corn Will make him irrita-
aJle. cross, angry-and an angry man sell
dom succeeds. The triling pain of a corn
IS a pleasant feeling beside the agonizlng
ache Of piles. That is a pain which seems
TO pervade the whole body. il communi-
Gates itself 10 all parts near the seat Of
the trouble and brings on a heavy drag
ging feeling in the perineUm. Those who
have never so suffered do not know what
1t means. 1t racks the nerves. prevents
sleep. prevents concentrated thought and
makes a man lose flesh as fast as he
would with virulent fever.
And yet piles are looked upon as little
thing. They are Observation-Disclosures 10 run
on from month 10 month and year to year
By and by comes a surgical operation.
Maybe it cures-may5e it kills
There is only one sure. safe and Quick
cure for piles. 1t is the Pyramid Pile
Cure. L IS a recent discovery ana is
properties are such that i clesnses
soothes and heals the inhamed parts. re-
6dces tne inflammation at once and wftsl
continued treatment. removes all swelling
snd all trace Of the disease. Il puts the
membranes in a healthy, active condition
and cures piles completely and psrma-
uently.
From c. F. Collins. Garnet: II COM
menced using the Pyramid Pile Cure and
my case was 50 bad thought the remedy
was going TO fail in my case. but before
had used two-thirds of one package I
began 20 feel much better and can hon
estly say I am entirely cured Il is ne
quickest and surest remedy I have ever
heard Of"
From Josiah Roberts, Port Dram. y. J:
gust one-quarter Of a package of the
Pyramid Pile Cure did wonders for NE
and l have lost no opportunity Of recon-
mending such a great remedy
From VIM. McHale, Rockpcr:. Mass.
zone package OF Pyramid Pile Cure has
Helped ME more than anything have vet
used"
Pyramid Pile Cure is sold 3y druggists
generally. If your druggist doss,'; keep
it. he Will get it for you II Yea ask him.
Book on cause and cure OF pies sent free.
Address. Pyramid Drug Co.. Marshall,
Mich.