davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-27
He Can Not Vacate Property at
Will
If He Has Year to Year
Lease.
JUDGE FOSTERS CASE.
Controversy Was Over a Build
ing Owned by the Judge.
Other Decisions of Importance
by the Appellate Conrt.

The Kansas court of appeals has just
returned a decision which is of consid
cradle Importance to all parties who
have anything to do with leasing pro-
perty. The defendant in error in the
case was Judge c. G. Foster, who has
lately retired from the bench of the
United States district court.
Theodore Intfen leased a building in
Atchison of Judge Foster in March,
1891. The lease was for one year, and
Intfen had the privilege of keeping it
two years if he chose to do so. The
rental was $1,000 a ear,payable month
ly.
At the end of the two years Judge
Foster raised the rent to $1,400. The
lease was not renewed in writing, but
it was understood that it should be in
force, with the exception of the raise
in rent. Intfen paid the rent monthly
for two years longer, but about the time
the fourth year expired he gave notice
that he would Vacate April 10, 1895, one
month after the beginning of the fifth
year. He did SO, but Judge Foster
served notice on him that he would be
held liable for the balance of the rent
for the fifth year, providing he could
not again lease the property so as 10
come out even.
The property was leased for 1892, but
Intfen refused to pay the deficiency,
maintaining that he had been paying
by the month and could therefore move
out by giving one months notice atter
the original lease had expired. Judge
Foster sued him for $501 and for $500
additional for his trouble in securing
another tenant. He won his suit except
that the trial court allowed him only
SO for his trouble instead of 500.
Intfen appealed the case, but the
court of appeals affirmed the dlclslon or
the lower court, holding that the terms
OF the original lease were still in force,
notwithstanding the fact that the rent
was paid by the month.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-27
BANQUET TO FRYE
Given at the Waldorf Astoria by New
York Citizens.

New York, April Ex-senator William
P. Frye, of Maine, chairman of the
senate committee commerce, was
given a dinner last night at the Wal
dorf-Astoria, as a testimonial for his
efforts in obtaining for New York city
the improvements allowed in the recent
river and harbor bill passed by con-
gress. The dinner was given by the
leading commercial organizations of
New York.
Nearly 600 guests sat down at the fif-
The room was resplendant with flags
and flowers.
The guests marched to the banquet
room at half-past Z O'Clock. Governor
Roosevelt was chairman.
Others present at the guests of honor
table, seated on either side of Governor
Roosevelt and Senator Frye were:
Abner Mckinley, former Governor
Morton, General Merritt, Senator De-
Senator Platt, Charles a. Schieren
William L. Strong and Congressman
Cummings.
While the dinner was in progress Mr.
and Mrs. George c. Boldt entertained at
their house in honor of Mrs. Senator
Frye and her two granddaughters, the
Misses White and Briggs.
After dinner the party went into the
hotel to listen to the speeches.
A letter of regret from President Nc
Kinley was read, in which the presi-
dent said:
Il beg you will convey to the guest
my congratulations upon this splendid
recognition of devotion to the CONNER
cial and Industrial interests of the coun-
try
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-27
VICTORIA'S BIRTHDAY.
Her Majesty, the Queen, Will Be
Eighty on Nav 3D.

London.Ap Filler majesty the queen
will be 80 years old on May "a For rea-
sons best known to herself she will cele-
brate the anniversary of her birth at
Windsor castle. It has been many years
anniversary in the royal borough, and
there is much jubilation in certain qua
ters because of her unusual decision.
The queen will invite large number of
guests to Windsor castle to take part in
the celebration. The Waterloo chamber
is being turned into a theater under the
supervision of Mr.. Leonard Collmann in
Spector of the queens palace, and the
birthday a performance of ''Lohengrin''
will be given there by the Covent Garden
Royal Opera company.
Her majesty is expected back from the
continent early in May. She is now in
excellent health. Her activity is remark
ed. On a recent Sunday she, the royal
family and the royal household, attended
divine service at Cimiez, where the bishop
of Ripon preached. She went out with
the Princess Christian of Schleswie-Hoi-
stein. Later she gave an audience to the
Marquis of Salisbury.
In the afternoon she drove out with the
Countess of Antrim and the Hon. Mrs.
Mallet and called on the Duchess Alexan-
drine of Coburg. At dinner in the even
John Omaney Hopkins. communicating
Mr.. George ]. Goschen.
This day is an illustration of the active
life the veteran ruler is leading.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-27
NO CURE FOR LOVE.
Girl Who Tried Christian Science Kills
Herself

love WAS the cause Of the death foday Of
Dora England, 2 years old. She was the
daughter of Mr.. and Mrs. Stephen J. Eng
young woman of many accomplishments.
Death was due to two doses of paris green
which she swallowed yesterday with sui
cidal intent.
Several years ago the girl met Frank
Steger of Harrison at a dancing school
and became infatuated with him. They
were friendly until last January, when
that she was the cause of the falling out
Miss England brooded about the affair and
became a victim of melancholia.
mind her father, who is a newsdealer at
the Central railroad station, called in
Christian Scientist, Mrs. Van Houten. She
prayed with the girl and labOred with her
in accordance with the Christian Science
doctrines, but apparently to no avail.
ON last April DR.. James T. WrightsOn
examined the patient and diagnosed her
case as acute melancholia. He advised her
parents to watch her, for fear her disease
would take a suicidal turn. Until yester-
day the doctors warning seemed unneces-
fling herself from the rear balcony of the
house, but was saved by her mother.
Later IN the day the girl took two doses
Wrightson was called. He did all he could
for the pa tient and sent her to hospital
but said there was little hope of her recov-
cry. She declared that she took poison to
end her life, and begged the doctors to let
her die. as the young man from whom
she had received attentions no longer loved
I'VE do not hold the young man in anv
way responsible. We allowed Mrs. Van
HOuten to treat our daughter because two
death, my wife was cured of cancer by
the prayers of the Christian Scientists
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-27
PIGEONS FLIGHT FOR LIFE

(F'rom the San Francisco Chronicle)
The passengers on the ferry boat Pied
mont, on the $50 o'clock trip from Oak
land yesterday morning, were treated to
the spectacle of a speed test between sea
smaller bird won When the boat was
opposite Goat. island, P. H. Schlotzh5au.e e
birds Among them was the famous D.
year-old homer, Duke of RICHMOND, , Wao
has proven his right to a title OF noDlllty
in more than a score of long distance
flights.
The pigeons rose into the air and circled
several times. Four of them turned toward
the east, but the fifth, which was the
Duke of Richmond. was seen TO Iirt ana
drop toward the Piedmont. Then the
passengers made out that the pigeon was
birds were at an elevation of LOCO feet
when the chase began, with the carrier
short distance in the lead. As if by in
stinct he dropped straight for the place
where his master had released him, and,
landing upon the ladies' deck of the Pied
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-27
ST. LOUIS GERMANS -
Meet and Resolve Against Imper-
iaIism.

St. Louis, Mo-, April 27-The German
newspaper publishers of Missouri held
a meeting here today for the purpose
of defining their position regarding the
new policy of imperialism and militar-
ISM"
DR.. Emil Preetorius, editor of the
Westliche Post, and the Nestor of the
German press of America, presided, and
after a lengthy discussion the following
1. Systematic and uninterrupted eff
forts have been made during the past
twelve months to destroy by misrepre-
sensations and unfounded sensations
the good feeling and old, historical
friendship between the United States
and Germany. These malicious inten-
tions have created among the German
American population the greatest indig-
nation. We therefore regard it as our
duty as loyal citizens to denOunce these
continued falsehoods and misrepresen-
tations which endanger the old friend
ship of the two countries.
2. The friendship between the United
States and Germany is as old as the
history of the great American republic
and has lasted uninterrupted. AS the
the first European power which ac-
knowledged the young republic of the
United States, Germany was the first
to acknowledge the supremacy of the
United States in the Philippines. This
fact alone proves that Germany has no
unfriendly intentions and no desire to
oppose us in the Orient.
g. In the glorious history of the
United States, from the time of George
Washington to the days of the civil
war, the German-American population
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-27
BURDEN OF PROOF
Carries With It the Right to Opening
and Closing Arguments.

Several years ago Lawrence Dugan,
of Atchison, owed the city of Atchison
81 200, and gave the city a deed of
trust to secure it. In the course of
time the city brought foreclosure pro-
ceedings to get it's money. In instruct
ing the jury in the case the judge of
the Atchison county district court laid
the burden of proof on the defendant.
Dugans attorneys then demanded the
opening and closing arguments in the
case, but the court would not accede
to the demand. Dugan appealed the
case, claiming that if the burden of
proof rested upon him, he had a right
to the opening and closing arguments.
The court of appeals took this view of
the case, reversing the court below.
The syllabus says
Where the burden of proof is i'm
posed upon the defendant in all the
material issues in a case, 1t is reversible
error not to permit him to open and
close the argument to the jury there
on -
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-27
DON'T BE STARTLED.
Appellate Court Officially Decides
That Topeka Is In Shawnee
County.

Edward Brooks, who was convicted
in the district court of maintaining a
nuisance a year ago, but who Appeared
his case will have to take his medicine
which was 80 days in Jail and fine OF
5000, according to the decision of the
appellate court.
Brooks was charged, along with Lon
Townsend, of running a joint, but
Townsend was not convicted, while
Brooks was convicted on two counts
The witnesses in his case located his
Joint at a certain place in Topeka, but
the prosecution failed to bring out the
point that it was in Shawnee county.
On this technicality the case was APP
peaIed, the defendants attorneys con-
tending that it was not shown that the
offense was committed in Shawnee
county, and that this point must be
shown before the district court could
have jurisdiction.
The court of appeals ruled against
Brooks, holding that as it was shown
that the offense was committed in To-
peka, that was sufficient The sylla-
bus in the case says:
Courts will take judicial notice that
the city of Topeka, Kan, is in Shawnee
county. Proof that an offense was
committed in Topeka, Kan, is proof
that it was committed in Shawnee coun-
ty."
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-27

has shown strong and patriotic loyalty
to the union In the darkest days of
the republic the German-American
stood firm and true by the union, as
they will do in the future. We German
Americans and the Germans in the old
country have been cruelty misrepre-
scented. We proved our loyalty during
the past war and will continue to prove
it, whatever the future may bring. But
we protest most emphatically against
all falsehoods and intrigues which are
intended to interrupt in the interest of
England the friendship between the
United States and Germany.
4. True to the constitution and ira
ditions of the republic, we take a firm
stand against militarism and imperial
ism, knowing that the German-Ameri-
can citizens stand almost unanimously
against this new course, which would
endanger the welfare and future of the
republic
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-27
REMEMBERS HIS TEACHER.
President Mckinley Makes Col
George a Collector of Customs.

Washington, April 27.-In the organ
Azation of a local board of civil service
examiners for St. Augustine, Fla, Col.
Thomas B. George, collector of GUS
toms, has been made chairman of the
board.
Col. George was at one time Presi-
dent McKinley's school teacher in Ohio
The president went to his school up to
the time he reached the age of IL to "A
years. Soon after Mr.. Mckinley was
tnaugurated he learned that Col. George
was living in st. Augustine, and, find
ing that he was without a position,
asked the secretary of the treasury to
appoint him to some position in the
customs service. He was accordingly
appointed to a position in the custom
house at Jacksonville, Fla, which did
not come within the civil service rules,
Augustine he was made collector of
that port. ss.GJi Al
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-27
COGHLAN'S SCOLDING
Has Been Administered by Secretary
Long in a Private Letter.

Washington, April 27.-The case of
Captain Coghlan may be considered as
finally closed. The German ambassa-
dor, DR.. Won Holleben, called at the
White House yesterday afternoon and
had a conference on the subject with
the president of such a satisfactory ma
ture that the matter was regarded as
settled. The president explained the
course the navy department had taken
in administering a reprimand to Cap
tain Coghlan. 1t was also pointed out
that the officers explanation of the in
cident stated that his utteranceS had
been much exaggerated. On the part
of the ambassador there was every dis
position to deal as lightly with the
ma tier as possible and not to permit it
to become a source of friction.
During the day the navy department
administered to Captain COghlan the
reprimand which had been determined
upon. This was in the form of a letter
from Secretary Long to the officer. 1t
is stated at the department that the
letter will not be made public before
the officer has received it and probably
not then.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-27
BRIDE 90; GROOM 20.
But Old Ole Felt as Young as q
Echoolboy.

New York, April 27.-Gray-headed is
Ole Hendriksen. That means that Ole
Hendriksen is old. He is-70 years if
day. But in his body, bent, though
hardened by thirty years of a farmers
life in Minnesota, there beats the heart
of a springald. True, he doesn't look
like Romeo, or talk like Romeo; but he
feels like Romeo with a rose in his ear.
Often, on his big farm out IN Maple,
Mimi. his men would hear him sigh,
and would ask him what was the trou-
BILE. Wasn't he healthy? Wasn't he
growing rich? What more did he want?
Ole would reply nothing, but would go
on signing, and rolling his eyes, and
eating Nottingham is, nothing more
than three or four pounds of food
day, which with him was the equivalent
of starvation. His men were thinking
seriously of sending for the doctor and
the clergyman, when one day, in burst
of confidence, he unbosomed himself.
AYE tank Aye need a wife" said he.
They laughed. A wifei He, at 20!
In answer to their jibes he put the
strongest farmland squarely on his
back, to prove that he, Ole, was the
unanimously that Ole was still fit to be
married-indeed, he might have a cou-
pie more wives before he died.
But he must get a SWede girl, they
all agreed-one from the old country
no American fine lady who would sit
idle and spend his money. So Ole wrote
to his friends in SWeden-Or got some
body to write for him-and received a
reply. I'VE have the girl" And the
crowd at the railway station in Maple
drank godspeed in brandy that would
kill city dweller, and ole sped east
ward by rail and water, and one day
landed in the town of his birth.
Indeed, Olga was a pretty girl. His
old eyes sparkled as they rested on her.
And when he told of his bank account
and translated the American figures
into her language, her eyes sparkled,
too.
True, he was 20, and she was only 20,
but the wise ones told her that a rich
old husband was better than a poor
young beau.
And she agreed with the wise ones,
quickly.
So they were marketable dancing
the iveiest step of anybody at the
wedding, for all the young fellows were
downcast. No time to waste after that.
Ole had his bride, and Back to Ameri-
ca was his command.
They arrived here on the steamship
Umbria-she blushing rosily as they an
swered the inquiries of the inspector,
but Ole, with chest thrown out and
shoulders back, the proudest man in the
land. They started west last night
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-27
MISS SELIGMAN Is SUED.
Chicago Dressmaker Wants Pay For
Stage Gowns Made in 1888.

st. Louis Mo, April 27.-Marie L.
Sobra, a Chicago dressmaker, filed
suit in Justice Hanley's court against
Minnie Seligman Cutting the leading
woman at the Grand opera house, for
1919 for gowns made in July and August,
1888. The case was docketed for today
but George w. Wadlow, counsel for the
plaintiff secured a continuance of three
weeks in order to take dispositions in
Chicago.
costumes made for her when she was a
struggling young actress; that Mile
Sobra seemed interested in her and
provided her with the necessary stage
gowns which Miss Seligman thought
were in the nature of presents.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-27
STUDENTS A MENACE.
Thirty Thousand Young Russians
Imperil the Throne. =

Berlin. April 27;:--Matters are going from from,
bad to worse in Russia in connection with
the students. and, thanks to the brutality
of the police and to the harsh and stupid 10
the Interior and of public instruction; the
troubles between the government and the
students have become so acute that all
the universities have been closed, and It
the present moment no less than 5000
Young men between the ages of 20 and 30.
that is to say, all the coming generation
of well-educated and intellectual men, are
cast adrift on the street, without occupa-
ton prospects.
Filled as they are with bitterness against
the government, they constitute a grave
danger to the throne, and are likely either
to Join the existing revolutionary move
rnent or inaugurate some new conspiracy
against the crown.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-27

The sea eagle was so confident that it
would strike its prey that it did not check
it's pursuit until within ten feet of the rail
of the ferryboat Then it wheeled sud-
denly, and, lowering about the stern Of
the boat for a few moments, winged its
way back toward Goat island.
Once inside the cabin; the frightened
pigeon ran down the aisle until it came to
a passenger reading a newspaper As If
sure of protection it futtered up 20 his
There it was caught by SchlotZhauer and
safely. Gagged: fSchlotzhauer is CONVINCED
that the old bird in his many flights, has
had previous experience with hawks. and
knew enough not to trust to his feetness
of wing in the race for life.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-27
COMING DRAMATIC EVENTS.

Next Saturday night at the Grand Opera
House the much discussed Partisan farce
THE Turtle will be seen in this city. The
at the Manhattan theater in New York;
and while some of the papers criticized
it severely, several, notably the New York
Herald. said see it" The cast which
will be Seen here is headed by Isabel Ev-
essen, who succeeded Sadie Martinez in the
principal female role, and includes Jennie
Reiffarth, Ada Deaves, Marion Ballou, Lii
liam Coleman. Signor Perugini. George
Holland, Louis 1mhous, HUDSON Listen.
Uric B. Collins and Ross O'Neal. THE
Turtle is one of the ''broadest'' farces
ever on the American stage.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-27
A SEAT FOR A FARE.
Mayor Harrison Will Push Such an
Ordinance, But the People
May Object.

Chicago, April 27.-Maryor Harrison is
after the street railway companies. The
corporation counsel will introduce an or
dinance demanding a seat for fare. The
council will be asked to pass it.
The ordinance prohibits passengers from
getting on a car already filled to its
capacity. 1t is doubtful whether the Chi
cago public will take kindly to measure
deriving it of the right of risking it's life
by riding on a crowded footboard If it
wants to do so.
Mayor, Harrison has already instituted
100 suits to force the traction companies to
put tenders on street cars and has won
ell that have been, tried.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-27
WONDEROUS MIRAGE.
New York's Great Buildings Float in
Air.

New York, April 27.-when a hundred
thousand New Workers fed from the
city yesterday to escape the heat nat
urally they sought the old spots to
which they had been accustomed. That
meant that Coney Island received a big
proportion of the mass.
Today the members of that Coney
crowd will be angry with themselves
and will cry. why didn't we go to
South Beach?''
For, if they had done so, they would
have seen phenomenon rare in these
regions-a genuine mirage-a thing of
castles in the air, a great city reaching
to the sky, a deceitful trick of natures,
wonderful to behold.
Yesterday afternoon a large slice of
what appeared to be lower New York
was presented in the lower bay, instead
of Sandy Hook and Atlantic Highlands.
This phenomenon was seen at about
2:30 o'clock and lasted until the heavy
mist cleared. Twenty minutes later great
buildings were seen, not inverted. it
being only a single mirage, unlike that
commonly seen at sea when a ship or
lighthouse is reflected, and Immediately
above it the same object upside down.
The reflection of New York streets
extended well over the bay and back
on the land over the low ground, COW
ering a distance of many miles. Be
hind the buildings could be seen family
the reflection, not of the land north of
New York, but of the Staten island hills
two miles or more from the shore
Occasionally great portions of blocks
vanished, to reappear in a few seconds.
One remarkable incident of the phenon-
enon was caused by a gust of wind
breaking through the mist DISCLOSING.
apparently about half way between the
Narrows and the Highlands. AS the
mist closed in again the effect was that
of a large vessel disappearing among
tall buildings. Weather sharps said
that the conditions were unusually ia
vorable to such a mirage.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-04-27
BIG TUNNEL PLANNED.
Submarine Road to Ireland Being Con
sidered in London.

mel from England or Scotland to Ireland
is very much to the fore just now. 1t is
announced that no fewer than five sep
arate projects are under considera ton.
The difficulties in the way are great. the
depth necessitating steep gradients for the
distance traversed. The shallowest sound
ing is 20 fathoms, and the distance. ac-
cording to one scheme, is 40 miles. The es-
Inmates of cost vary from Ell. 900 TO 216.-
100000 but the advantages would be enorm-
Gus. The journey to America would be
shortened, according to the Arnold-Foster
map, by $50 miles.
1t is thought probable that the Irish rail-
ways will combine to take up one scheme
or another, in the hope of obtaining a
government guaranty.