davidaulloa/AmericanStories huggingface dataset:
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-19
Supreme Court Opinion
strahorn, Hutton. Evans Commission
Company. Plaintiffs in Error,

Company. Plaintiffs in Error,
VS..
Fioorer and Bsnnerman Defendants
in Error
Error from the district cour, Of
Payne county
STATEMENT OF THE CASE.
This was an action In replevin
brought by the plaiutiff in error in the
district court Of Payne county on the
Goth day of August. 1886 TO recover
possession Of 1l2 head Of cattle, of the
value OF sLsll alleged to have been
unlawfully detained by defendants
The plalntlf In error based its right
Of action to recover upon a certain
mortgage executed by one J H. Stokes
on the 10th Of April. 1895
sYLLABUss.
Opinion by Haner
Chattel Mortgage Validity as to
Purchasers.--A mortgage of personal
property Is valid as between the par
ties therunto, and as to subsequent
purchasers who have actual notice or
knowledge OF said mortgage notwith-
standing said mortgage is attested by
only one subscribing witness
D. Bona Fide Purchasers a compn-
ance with section 1915 of our statute.
which provides that a mortgage of per
sonal property must De signed by the
morteaeor n the presence Of two per-
SONS. who must sign the same as wit
nesses thereto. Is only an essential re-
lusite in order that such mortgage
may be entitled to be filed in the office
of the register Of deeds of the proper
county. for the purpose Of operating
as a constructive notice TO creditors OF
the mortgagor, and subsequent pur-
chasers and encumbrance of the prop
erty. in good faith for value.
But person who has actual notice
or knowledge Of an antecedent mortg-
age, is not purchaser Of the property
n good faith. FOR value. within the
meaning Of the statutes. who can take
of the fact the execution Of
such mortgage was only attested by
one subscribing witness.
g. Trial Excluding Competent Tes-
timony- an action Of re-
plevin, involving the recovery OF GER
tain personal property alleged to have
been wrongfuly detained by the agent
of the subsequent purchaser OF the
property in controversy and where it
was sought TO be shown by the plain
tiff that the subsequent purchaser
had actual notice at the time Of the
transaction by which it acquired pos
session Of the property In controversy.
that the plaintim had mortgage on
such property held That 1t was error
to exclude such testimony from the
consideration Of the jury; further held
that 1t was error for the court to d.
rect the jury to return verdict for
the defendants.
The Judgment Of the district court
is, therefore, reversed and the cause
remanded for new trial All the Jus
tices concurring.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-19
COLON oFFIcERs 90 HOME

Annapolis Nd, Aug IS Capt Emilio
Moreu. Of the spanish oruiset cristo-
bal Colon. and surgeon Antonio Jur-
ado. accompanied BY Spanish chaplain
Riera. left here this afternooa for
New york and on Saturday they vim
sail for spain
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-19
vUsUVIUs UELcIUNG AGAIN-

Naples Aug Nosuvius is again m
state of eruption. Three streams are
flowing down the mouut1ln side. The
chestnut trees ou Mount somma have
been burned. Constant explosions are
heard n the central Greater which is
emitting smoke and flames
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-19
SAILS -sCANDrA AND ARI
ZONA TO FOLLOW.

San Francisco. Aus Is Three hundred
and twenty hve officers and men of the
New York regiment embarked On boffd
the steamship Alliance thIs morning ana
~ii sail for Honolulu tomorrow
The ladies Of tbc Red Cross society fur
uished the men With a luncheon before
they went on board ths Alliance.
Gen. Merriam states today that he
scandm and Arizona viii probably san
some time sunday afternoon. tn adai-
tion 40 these troops the two transports
win carry a million rounds OF amaniiioa
for the Philippine forces
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-19

ST. Louis. Aug is Word was receiv-
ed here tonight from Alton, ms, that
Chris Won Der Ahe eX-president of
the st Louis base BAH club, was mar
ried quietly IN that city today 90 "a
Miss Kaiser This is the third matri-
moniai venture for Won Der Abe. The
particulars Of the wedding cannot be
obtained tonight
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-19
INQUIRE NOMINATED.
CALIFORNIA DEMOCRATS NAME
HIM FOR GOVERNOR.

HIM FOR GOVERNOR.
Sacramento, Cal Aug. 1S-ln the demo-
cratic state convention today fusion car
ried with less than a dozen dlsseotpg
votes. W H. Afford. chairman of the
democratic state central committee. ,oen
James c. Mcclure fot COVER
nor In brief speech.
United States Senator Stephen white
seconded the nomination
Mcclure was nomLated by raising
vote.
Judge W NJ Conlry of MADEIRA. was
nominated FOR associate Justice Of the
supIeme court
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-19

p
night.
Santiago ID cuba, Aug IS
Sanitary report for Aug. nth:
Total number sick .63s; total number
new cases. 1Ol; total number fever cases.
l.2l6. total number fever cases returned
TO duty, 202
Deaths-Aug. Il.
Private FRANK N. DINE, troop E 9Th
cavalry, meningitis
Private ARTHUR MALEHAN. compa b.
ny l.. 33d Mich. ryscntery.
Private W. HARLAND YOUNG. com
pany !, first MS. typhoid fever
Private EUGENE McLAUGHLIN
company A. 9th Mass, typhoid fever
sHAFTER. Mai. Gen.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-19
RUSSIA WANTS STATION

London, Aug ls. THE Daily Mails Odes
"a correspondent says ne hears on incon-
testible authority that Russia has opened
the Pour Parleur with Spain for the ces-
sion ia coallng station in the Philip.
pines
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-19

Titusvlle Pa, Aug. ia Castor, ex-
mayor OF Meadvlne was nominated for
congress by the democratic and popullst
convention al Cambridge Springs this ar
ternoon
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-19
rrNFYcK BEATs HOsMER-

Nantasket Beach, Mass, aug. IS
James Tenyck easily defeated Ed Hos
mer In three mile single scull race Tor a
purse Of $500 today.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-19
rHIRn INpIANA pIsTRIcT.

New Albany, Ind. Aug. lS.-The repub-
ican congressional convention for the
third district held this afternoon, noml-
mated Mayor whftesides OF Jrnersonvila.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-19
NEWS BREYITIFS
LLUN UAILEY NAMED

IIIlVF TNIIlHl NNWT.II
indianapolis. Ind aug S-The demo-
Gratis OF this district nominated Leon
Bailey for congress this afternoon.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-19
X / KELLY FOR CONGRESS.

BAY city Mich Aug lS-Robert =.
Kelly. of Alpena was nominated FOR con
gress today by the democrats
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-19
FOIRTH INDIANA DISTRICT.

Seymour. Ind, Aug. ls.-The republican
convention Of the fourth district TODAY
nominated for congress Mai. Charles w
Lee. Of Dewey.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-19
NnIINTEEH DIE

Atlanta. Ga. Aug IS. Henry Flem-
ing, recruit for the third infantry
died at Fort Mcpherson today Of ty-
phold fever.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-19
IL n- cLAYTnN r0R cONnnEss-

Union Springs Ala, Aug. rs The DEM
ocratc convention for the thlrd district
today nominated Hon. IA u clayton.
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-19
HOME TESTIMONIALS,

brazilian Balm cared me Of i4veteTa eatarrh which had for
Group God and the worst form Of gpP have found Brazilian
w. S. Bk, r. d. Pastor DEL
Brazilian Balm aud thinks did her much gocN ha b. Lore
" CA1E deaf
thing
the
shall
be GaAOaa
rheumatism could hand
sui
al BH,yeI A
dWith
sleep lying entirely permanently Balm
By JACKSON co. IRdiaRapOIis Ind
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-19

ILLINOIS DEMOCRAT NOMINATED.
Frespor u.s. Aug ls William -.
Wagner was nominated for congress by
the democrats Of the ninth district
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-19

STEAMSHIP ARRIVES
New York. Aug is-ArFived Fuerst
Bismarck. Hamburg,
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-19
Santiagu Death List.

Washington. Aug 1s.-The war depart
ment received the following telegram to-
nIght
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-19
HAY FEVER,


"
Healing Power Almost MraoOus
90 Cent Bottle contains 100 Doses Two Weeks Treatment for Cata
800 soTTLE EQUALS THEE
The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-19

For uny further Information address
L. HOLDEN Vranic Mgr.
south McAlestcr, J. n
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-12
MADE BITTER PROTEST
Spain Cannot Take Her Defeat
Gracefully.
APPEAL TO THE WORLD
The Treaty Produces Less Unfavorable
Impression Than Expected = Sa-
gasta Will Permit No Debate
In the Cortes.

Madrid. Dec. 1.-THE government en-
tirely approves the memorandum of pro-
test against the action of the United
tero Rios at Paris.
FL Liberal says: 1.-THE Paris negotiations
offer a far sadder spectacle than the ships
which are bringing back our repatriatcd
soldiers. deplorable as the condition OF
the latter is"
the refusal of the Americans TO surren-
der the securities deposited in Porto
Rican and Cuban treasures by private
Spaniards. remarking that never has
a civilized nation committed such an
act of violence
Secondly. il protests against the ulti-
matum demanding the Philippines.
Thirdly, it protests against the posi-
tion in which those Spaniards are
placed who desire to remain in Cuba.
Fourthly. IL protests against the ref
erence to the destruction OF the Maine
in President Mckinley's message TO
congress. on this point the memoran-
dunn says: Spain has proposed arbi-
tration, but the United States has re-
iuStu 10 SlNf ntI tnt llknl WHICH u
granted to a criminal namely. the right
of defending herself. The Spanish COM
missioners leave the care of fixing the
responsibility for the explosion TO the
entire world. which will say whether
those are responsible who desire the
truth, or those refusing to seek it,"
The newspapers generally express re-
lief at the signing OF the treaty. The
Independent organs, most of the pro-
Nincial papers and the Carlist and re-
publican journals attack both political
parties, conservative and liberal re-
preaching them equally with having
brought the country to the present
pass.
III impartial alone publishes the con-
tents OF the treaty, which produces a
less unfavorable impression than had
been expected, owing to the CONNER
cial and other concessions to Spain.
The cabinet, IL is said. will meet the
cortes intact, Senor Sagasta will ask
an indemnity bill for the cession of the
Philippines. The cabinet will then de-
clare. as IL finds itself at crisis II
cannot admit any debate and will.
therefore. demand the immediate adOp-
tion of the bill after which Senor Sa-
gasta win submit the question of con-
fidence To the queen regent.
FL Heraldo says the government be-
stances the holders Of the Philippine
debt will accept the arrangement ar
rived at, and considers the Cuban
bondholders should demand of the fu-
ture government Of cuba a fulfillment
Of the contract by claiming "A mort
gage ON the customs which guarantee
the debt
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-12
AN NACTRESSUN ARREST
SHE SYSTEMATICALLY ROBBED THE
ST. NICHOLAS HOTEL.
All Kinds OF HosteIry Property Were
Pound In Miss Campbeii's Trunk.
A fearful Confession.

st. Louis. Mo-. Dec. 1l.-At the con-
clus.on OF the performance at the
Grand opera house last night. Miss
Catherine Campbell. an actress Of con-
siderable note. was arrested by detec-
tives at the instance of the ST. Nicholas
hotel management. she being accused
OF systematic robbery. She was taken
To her room in the hotel. where her
trunks were found TO contain china
ware. table linen and silvsrware be-
longing 10 the hotel Miss Campbell
broke down and confessed she had TAX
o" 'ha ~-ons-fv and rad packed Il in
her trunks and was preparing TO move
from the notel She begged to be re-
leased. Offering diamonds and money.
but Manager Chapman OF the hOstelry
was Obdurate. Wrapped in paper Were
three new napkins recently bought BY
the hotel The package. which had the
appearance OF being ready for mailing,
was addressed TO Mrs. Grooms OF In
dsanapOls. Ind. She Is detained az the
four courts pending trial. and declares
she will commit suicide IL convicted.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-12
Deaths at Manila

Washington. Dec. 1L-Major General
Otis commanding at Manila. has made
the following report OF deaths in his COM
maud:
Dec. 3-Amasa J. Hawkins. private. COM
pany l. 18th Minnesota smallpox. Dec. -
Harry A. Mcdowell. private. company NJ.
lsy Colorado. committed suicide by cut
ting throat. Dec. Prank :. Glover. pri-
vate. company A. ist Nebraska. typhoid
fever Dec. William Z. Vance. private
company l. @th Kansas. typhoid fever.
on board transport Indiana in Manila
harbor. Dec. Sired J. Norton. private.
company r. ~ Oregon. dysentery: Frank
NJ. Hihbs. private. company A. ID Ore
gon. dySentery heart failure. Dec. s.
Harry G. Hibbard. corporal company X.
I'd Oregon. typhoid fever
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-12
INVITED TO DINE.
Rut the spanish Commissioners Thought
u Would he Misconstrued.

Paris, Dec. 1.-THE United States
peace commissioners rested to-day sf-
ter the long stra'n OF daily conferences
and almost daily sessions with the
Spaniards, the intensity OF which they
hardly realized until IL was over Warm
personal friendships and mutual regard
have arisen between the two commis-
sons as the result Of their extended
controversy at close quarters. To-day
several members of both commissions
exchanged calls. The American rom-
miseioners unofiicialy informed the
Spaniards they would be glad to have
the two commissions dine together
The reply which. like the invitation.
was conveyed diplomat 'cally through
a third party. was that the Spaniards
would be most pleased. but feared IL
would be inadVisable. because Il might
be mfsconstrued at Madrid. where al
ready much feeling existed against the
Spanish commissioners. Several mem
bers OF the American commission were
inclined at first to publish the text Of
the treaty. but senator Frye made a
strong plea yesterday for the observ-
ance OF courtesy toward the United
States senate, and his arguments pre-
vailed.
Further details. however. have been
learned as to the wording OF the treaty
which provides that Cuba is to be re-
linquished and that Porto Rico and the
Philip mes are TO he closed. The Amer
leans are TO pay for the repatriation Of
the Spanish troops from all the colonies.
The Spaniards are To return all pris-
oners held by them. They are to re-
tain possession OF all military stores
and munitions Of war I'm the Philip
pines and Of such ships as have not
been captured
The commercial treaties between the
two nations which the war ruptured
are to be renewed at the convenience
of the two nations.
The United States commissioners
have been almost overwhelmed with
offers of dinners In England. prompted
by the desire Of prominent Englishmen
10 emphasize the Anglo American en-
tente. but they will remain in Paris
until the day before sailing for the
United states. The will make formal
calls upon President Faure and high
officials here 10 thank them for official
hospitalities. Unofficial hospitality to
the United States commissioners has
been ostentatiously lacking i'm Paris.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-12
THE SUNDAY DEATH LIST
NEW YORK's RECORD OF ACCIDENT.
SUICIDE AND MURDER.
Prominent Tsmmany Man killed-Young
Husband Drank Carboiic Acid-Mur-
der Follows u Gard Gam,

New York. Dec. 1.-THE Sunday
death list i'm New York and vicinity
was greatly increased by causes that
The most spectacular tragedy of the
day occurred on the Speedway. Thou
sands OF people who had gathered to
watch the speeding gazed eagerly at
what they thought was a race. IL was
at first, but IL ended I'm a runaway and
James Mcdonald. a prominent Tam
many man and one Of the best known
horsemen i'm the city. was carried to the
Manhattan hospital. where he died six
hours later. Mcdonald had taken a
fast horse to the Speedway for a
warming and had been challenged by
friend 10 a test of speed. The horses
went along at furious pace. with
thousands of spectators applauding the
brush. Then. with a mighty effort.
McDonald's horse took the bit. and
with a defiant toss of his head, spurted
to the front. Two blocks ahead the
Speedway was impossible to the flyers
and Mcdonald. realizing this, stood up
In his rig. and dropping one rein. gave
the other a mighty jerk. He threw
iilH nbINfs hliilnk IT, NdS
pitched high in the air and some 20 feet
forward, falling on the hard road. His
skull was fractured.
Nincenzio Garusi. an Italian banker
and prominent in the Italian colony.
was shot and killed In front OF his home
in Broome street tonight. Lawrence
Prlore. a drug clerk. was arrested
charged with the murder. They are
said TO have quarreled over cards.
william Walters. 2s years of age,
after kissing his wife and child good
bye. went TO his mothers and drunk a
dose Of carbolic acid. He died en- route
20 n hospital.
Catherine Werner, factory girl.
drank carbolic acid and died shortly
after her removal to the hospital
Thomas McKeever. a freight agent at
Roselle. n. j.. was found dead I'm bed Of
heart disease.
Elizabeth Clinton. So years of age.
was burned To death. the result of a
bursted kerosene lamp.
Hilda Hesse. II years Of age. took
carbolic acid and died shortly after
ward. After a quarrel with her father
and stepmother she committed the
act.
Peter Thompson Of Brooklyn fell or
jumped of dock In Brooklyn. He was
taken from the water alive. but died al
n hospital from the shock.
David Walsh. % years Of age. at
Hoboken. got his foot caught I'm n
switch and was killed by train Of
coal cars backing up on the track.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-12
THE FEDERATION OF LABOR
IMPORTANT MEETING LOOKED FOR
by THE LEADERS.
No Material Opposition to the Re-EIec-
tion Of Gompers He Refuses to
Discuss His Cam psign.

Kansas City. Dec. 1.-THE annual
convention of the American Federation
of Labor will be called to order to-
morrow morning. There will be a full
attendance. according to the present
outlook, and an important meeting is
looked for by the leaders. Delegates
are here from all parts of the country:
they have been arriving since Friday
and the last delegation will not be
here until tomorrow morning. Sunday
was spent in Informal conferences and
in greeting the late arrivals. Presi-
dent Samuel Gompers was the life Of
all groups. The so-called fight on
Gompers' reelection has not devel-
oped. on the surface there appears no
material opposition to him. Mr. Com
pers refuses to discuss his reelection.
That rests with the party of the
second part" he said to a reporter. IF
j am elected ! want to enter upon my
duties untrammeled by pledges. so that
l may do for my chosen people what
/ think the interests of labor demand. ="
Mr.. GOmpers refuses TO say what the
probable action of the convention will
be in regard to the socialists pronun-
ciamentO, which some delegates will
demand. or what will be the outcome
of the fight i'm the convention for the
Endorsement Of free silver
'In the past we have defeated the
u
likewise. We have come out for silver.
But since the latter has been made a
political issue. the action of the cSn-
vention this year may be different"
Late arrivals include Tom r Tracy
Boston: II. ID. Call. Syracuse: Charles
+. Bechtold. ST. Louis: Julius Zorn.
indianapolis: John Mangan. Chicago.
NJ. 6. Bollinger. ST. Louis: Jere l. sui
livan. -. Louis: Il. T.. Breher. Lehan-
on. Pa: Adrian NJ. Jones. Chicago:
John VI. McDermott. Chicago: O. s
Lake. Pittsburg; James II. Sullivan,
Baltimore: John Speelman. Plttsburg:
George \. Jackson. Baltimore: W. j.
O'Brien. New York: Andrew J. Casey.
Lawrence. Mass; John r. O'SuIIiyan.
Boston: W. II. Williams. Hastings.
Neb.; w. J. Blain. Hutchinson. Kan:
II. :. Mills. Lawrence. Mass: W. 4.
Lossie. Owensboro. Ky: w. II. Phillips.
Chicago: W. c. Pomeroy. Chicago:
Frank A. Egger. Chicago.
W. II. Steinbass. national secretary
Of the Building and Trades council,
is here and has established headquar-
ters. IL is expected that more than
100 delegates will he In ATTENDANCE on
the latter convention tomorrow morn
ing.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-12
HAD MANY HUSBANDS.
Mrs. Lulu johnson viii Re Tried for the
Murder Of the Two Last Ones.

Perry. o. T. Dec. 1l.--Mrs. Lulu
Johnson, so years old. has been indict-
ed by the grand jury. charged with the
murder OF her last two husbands. Shir-
ley and J. w. johnson. She has had
six or seven husbands altogether and
has been a widow as many times. The
body OF Johnson was taken up recently
and arsenic was found in the stomach
and liver by Professor Edward Bar
low. chemist. from the University OF
Kansas. Her next previous husband
Shirley. with whom she lived near
Caldwell. Kas.. died four years ago.
Professor Barlow has now found that
Sh'rley's liver was preserved by the ar
senic in 10.
johnson was strong and healthy. but
soon after his marriage he began to
have attacks of nausea and headaches
and finally succumbed. after an illness
OF 30 hours. No doctor was called and
Mrs. Johnson and her little boy were
the only persons present at the death.
Some time after the funeral there was
so much gossip among the neighbors
that the body was taken up and exam
ined. Mrs. Johnson's husbands were:
Leonard, Davis. Humphreys. Parks.
Shirley and johnson. Her trial was set
for Friday.