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The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-07-25

". H. GRAVES. NJ. D.
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-07-25
ALBERTUS MAGNUS
Conservatory Of Music
(Over Crawford Grand Opera hoUse.l
uENRI Apply. pIrectnr.

0Over Crawford Grand Opera AoUsel
HENRI Apply. Director.
DIT. hppy having been instructed By the
best masters OF the wogld-rsEowned con-
servatories OF music AZ Leipzig, Berlin
ana Paris. IS prepared 20 teach his plano
students the latest methds used IN the
RovaI Conservatory OF Leipzig and his
violin students tEe latest methods used Ia
the Royal Conservatives OF Paris and
Berlin.
The principles % plano technique and
the bowfng ~ the violin are each taught
bv him in one term Of lessons. and viii
~ a lifelong hcneat % any student OF
these Instruments.
ID will lee his pleasure to especially
demonstrate 20 music teachers the superb
Gritty OF the European methods over any
hitherto used IN this country.
For terms and other particulars Inquire
at the Conservatory Han. between 2 ana
j. a. m.. or and I r. n. or address
Director AlbeTtus MaEuus Conservatory
Of Music. Wichita. Kansas
All branches C Music tauFht. College
course leading % Degrees Of Nus. q.
Bachelor 81 Mus.c.J
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-07-25
PHYSICIANS.
J. c. DORSEY. IL D.

". H GRAVES. N. D.
Residence, $50 Seneca street; hours until
8 a. n once hours 10 10 = and TO D
once. Us North Main; rooms and Z.
Phones-Ofice, $50; residence, so.
J. FRANKLIN GSELL, NJ. D.
1zs North Main. Practice limited TO dis
eases OF the Eye. Ear. Nose and Throat.
Hours-1o 10 2 a. m; 2 TO p. m;
Wednesday and Saturday. TO p. NJ
The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-07-25
EIdridqe Commission Co.

CATTLE, HOGS AID sHEE P--stoek
yards. wichita. CersiEn your sto 60 o.
Ter Dcst possible rcau IS We rEuncE 90
get and hold our trade ~ the thercHEI
efficiency Or our work and the ztri
business integrity o. our rs4hoda and
cordially invite your Blalueaa Ga teia
basis Telephone G6
The Montgomery advertiser., 1901-11-15

LAsTER ct al V. BLACKWELL. ct al Action of Ejectment.-Appeal from Gads- den City Court.
 1. Non-suit; appeal; when rulings re- newed.-In order to get a review of rul- ings below after party has suffered non-suit under the statute Code Sec 61D, it must appear that the non-suit
 was taken in consequence of sucn rul- ings, but 1t is not necessary that the record contain an express statement to that effect.
 2 Ejectment; evidence; harmless error. Evidence offered by plaintiffs in eject persons under and from whom plaintins asserted no title, can be of no benef1t 1 to plaintiffs, and its rejection therefore works no injury.
 | of ejectment declarations made by par ties not in privity with defendants con stitute hearsay testimony and are inad- missible.
 4. Same; same.-In ejectment. it Is im- proper to ask a witness for the reason why he did not buy the land in suit. l 5. Same; proof of deed; presumption Of | possession.-Where deed is made to one person for life, remainder to life ten | ants children, there is no presumption | that the remaindermen have possession | of the instrument: and the failure of any of them to testify that 1t is not in their | possession, does not of itself prevent proof of its loss
 S. Same; same; what must be shown to prove lost deed.-The general rue IS that a party relying upon proof of lost
 deed. must account for feilure to produce it and establish the fact that 1t was lost by proof of diligent search. where 1t IS
 most likely to be found, together with
 evidence of the particular. nature of the search made, but where 1t appears that it's custodian was a third person who can
 not be compelled to produce 1t. the rule
 is relaxed, though enough must be shown
 to reasonably satisfy the court mat 1t is
 not voluntarily withheld by the party
 offering to prove 1t.
 '. Same; same preliminary proof Of
 loss before evidence of contents.-lt is
 proper to refuse proof of the contents or
 lost deed in advance of the preliminary
 proof of loss or inaccessibility.
 s. Same; same; secondary evidence-A
 question which calls for evidence of the
 existence, execution and whereabouts of
 a deed is improper, where 1t also calls
 for oral statements of conclusions as to
 it's contents.
 g. Same; same; to what witness may testify.-In the proof of the contents Of a lost deed, it is not necessary for the witness to recall the language, it's sub stance being sufficient, nor does the fact
 that his knowledge is derived from hear ing 1t read rather than from his own in spectton, render his testimony incompe-
 tent, though it may affect its credibility.
 10. Same; same; what evidence neces- sary.-Secondary evidence of the contents of a lost deed must be such as furnishes satisfactory proof of its substantial parts.
The Montgomery advertiser., 1901-11-15
TO the Public.

Allow me to say a few words in praise of Chamberlains Cough Rcmed dy. I can recommend 1t with the utmost confidence. It has done good work for me and will do the same for others had very severe cough and cold and feared I would get pneumonia. but after taking the second dose of this medicine I felt better, three bottles of it cured my cold and the pains In my chest disappeared entirely. l am most respectfully yours for health. Ralph g. Meyers 6f Thil ty-seVenth St. Wheel ing. w. Va. For sale by F. c. Fowler, Druggist. -adv.
The Montgomery advertiser., 1901-11-15
TO WED AMERICAN GIRL.
Rich Finn Comes to Claim as Bride Young Woman He Met In Paris.

Oscar Parviainen. a young Finn. whose mother is said to be the wealthiest wo- man in Finland. has arrived in this coun- try en route to Decorah, Ia., to wed Miss Christina Siewers. young woman he met in Paris last summer. Miss Siewers and MT. Parviainen were both art students in Paris at the time.
 The young Finn doesn't speak a word of English and in order that he should have no trouble in getting past the GUS toms officers. and. when that was through, getting on the right train. his fiancee sent to q steamship agent in New York his picture and his destination. The agent had little difficulty in recognizing the young man and soon had him on the way to Decorah. where he will become the husband of Miss Siewcrs.
 With his bride he will then pay flying visit to his mother at Helsingfors, Fin land After that he will return to Paris and complete his studies MT. Parviainen is 21 years old and his bridc-to- be. who is the daughter of Professor Siewers. of Decorah. is 22. Parviainens father died some years ago. leaving hls large oil in terests to his widow who has since man aged the business.
The Montgomery advertiser., 1901-11-15
TROOPS ARE RECALLED.
@heriff of Dale Wires That He Can
 Protect Parramore.

The threatened lynching of Pharaoh Parramore, negro, at Ozark Wednes- day night, was avertCd by the prompt action of A. D. Wall. Sheriff of Dale County. supported by Governor Jelks who ordered the Troy company of the National Guard to proceed to Ozark by the first train and report to the Sheriff.
 At noon yesterday Sheriff Wall tele- graphed the Governor that all was quiet in Ozark and that all danger had passed He said that he could now protect his prisoner and that It would not be neces- sary to transfer Parramore to the Mont gomery County jail.
 Upon the receipt of this telegram Gov ernor Jelks arranged for railroad trans portation of the company of thirty men. and telegraphed the commander of the company to return with his men to their home station.
 Pharaoh Parramore. it will be remem- bered. was arrested near Ozark Wed nesday afternoon charged with having outraged Mrs. Jim Saunders, a respect a bie woman of Dale County. The crime is said to have occurred two miles from ozark.
 Late last night Sheriff Wall of Dale County. telegraphed Governor Jelks that he had sent Paramore to Troy with the company and that for the pres nnt the negro would be kept in the Pike County jail
The Montgomery advertiser., 1901-11-15
How References to Silver Were
 Stricken Out.

How References 10 SllVer were
 Stricken Out
 Harry Thurston Peck in Bookman.
 Take, again, the silver question: re- garding which the present writer may be pardoned for relating personal experi- ence. In 1890 I was editing an encyclo- pedia and had caused a biographical sketch of MT. Mckinley to he prepared for 1t. The sketch when finished was sent to him for any correction or revision that he might desire to make. Now, a short time before he had been making many speeches in favor of doing some thing for silver" As a member of the House of Representatives he had voted for the so-calIed Sherman silver act, which, three years later. nearly wrecked the business of the country and the re- peal of which President Cleveland had to wiring from Congress by force majeure. In the biography. therefore. these mat ters of public record were noted in the briefest possible way; but when Mir. Mo Kinley returned the proof. 1t appeared that he had struck out all mention of the silver question. Why? Evidently be- cause he felt that he might soon have occasion to alter his attitude very radi- caily,
The Montgomery advertiser., 1901-11-15
The Pension Evil,

Nashville Banner.
 There is bound to be something radi- cally wrong with our pension system when thirty-six years after the close of the civil war 997.735 are drawing pen sions from the government. Just think of 1t! A million people drawing money out of the public treasury, or nearly two hundred thousand more people than were enrolled from first to last in the Confederate army. 1t is a crying shame and fraud. If only the deserving pen- sioners were allowed to remain on the 'is' WS "~a aure that over half a million
The Montgomery advertiser., 1901-11-15
s1Thelma.v

Alden Benedicts new scenic production of Marie Corelli's "rhelma" will be given Monday and Tuesday with Tues1ay mati- nee. Ev. rybody who has ad M ri , Corellis 'Thelma'' will be anxious to see the play, which Mir. Chas. w. Chase has dramatzed from it ''Thelma' will have much to interest the theatre-goers, as Mir. Chase has left none of the intert sting scenes of the novel unnoticed. All the in- teresting scenes of the novel will be pro- duo in the drama, making one of finest productions ever placed on any stage.
 -ndV-
The Montgomery advertiser., 1901-11-15
ALABAMA MINERAL RAILROAD co
 V. MARCUS.

 Action for Damages under Employer s
 Liability Act-Appeal from the Circuit
 Court of Shelby.
 l. Bill of exceptions; when signed in of the record-The authority to sign a bill of exceptions is regulated by statute Code. Secs. 716-19), and the same may be signed in vacation when an order to that effect is entered during the term, but if not signed within the time prescribed by such order or a subsequent order of extension made before the expiration of the first order, 1t constitutes no part of the record. and can not form the basis Of an assignment of error.
 7. Same; same; power to extend time. The presiding judge has no authority under the statute Code, Secs. Gi6-l9). in vacation to make an order extending the time for bill of exceptions after the expiration of the time made by q prior order.
 3. Employers liability act; sufficiency of complaint.-A count in the complaint under the Employers Liability Act Code, Sec. 1749D. which ayers that plaintiff re- ceived the injury while in the discharge of his duties as an employe of defend ant, by reason of the negligence of the defendants section boss, who ordered or permitted the car from which the plain tin fell or was thrown and by which plaintln was run over. to he run at a dangerous and reckless rate of speed. thereby producing the injuries complained of, states a good cause of action.
 4. Same; same: duty to inexperienced employe.-A count in d complaint by a minor employe which ayers that his em- ployment was of a dangerous nature; that he was young and inexperienced and men tally and physically immature; that these facts were we'll known to defendants $ foreman who had control of the work in which plaintiff was employed and of the car upon which plaintiff was riding in the discharge of his duties at the time of the injury complained of and that de- fendant negligently failed by itself, it's said foreman or any one else to give plaintiff any warning of the danger of his employment or to instruct him as to ties states a good cause of action, when 1t is further averred that such negli- gence resulted in the injury of the plain tiff.
 Affirmed.
 Opinion by Dowdell. J.
The Montgomery advertiser., 1901-11-15

drawing pensions would be justly exclud- ed. The ex-Union soldiers really disa- bled in the war probably number less than one-fifth of those on the enormous pension roll. Multiplied thousands who are drawing disability pensions are busi- iy employed In their vacations today. without showing any signs of disease or other physical trouble.
The Montgomery advertiser., 1901-11-15
CANNOT BE FOUND.

Any Imperfect Work Purposely
 Overlooked at Holt's Dye Works
 The reputation and future business of Hoits Dye Wo k depend upon the per- lection of their work. A defect purposely overlooked by the,r iasp ctorJ ca not b, found. -adV.
The Montgomery advertiser., 1901-11-15
Southern Railway Company.

Effective Sunday, Nov mber Srd, Pull man Sleeping Car line will be operated between Wa hington and Atlanta on our trains. Ms. g and 34; first car south- bound leaving Washington, train No. g, Sunday nigh. November 3rd; first car northbouud aving Att train No. 3i NCvo mber 9th. 1901.
 Jno. Me caife,
 Tray Plss. Agent adv-tf Montgomery, Ala
The Montgomery advertiser., 1901-11-15
Schools for Cripples.

The London school board has opened the first of d series of schools for crip- pIes. The children are taken from their homes to school in ambulances, and ,is af- terward taken home by ambulances. The school curriculum includes a substantial midday meal.
The Montgomery advertiser., 1901-11-15
DIR. ToLMAN's LECTURE.
An Invitation is Sent to Churches
 and Societies of the City.


 and Societies of the City.
 The Advertiser has already made note of the lecture to be given here by Dr. 1o'man of New York City on the subject of industrial betterment. It will be given in the Montgomery Theatre, December 1st, by courtesy of Hirecher Brothers. No admission will be charged,
 The various churches of the city, as well as the woinen's clubs and the benev- olent and fraternal orders are cordially invited. The following letter has been addressed to the different clergymen of the city. and it Is self-explanatory:
 The Rectory.
 St. Johns Church,
 Montgomery, Ala. Nov. Il. 1901. My Dear Brother:-You may have noted that on the afternoon of Sunday, December l. at hslf-past 3 o'clock. there Is to take place an important lecture at the Montgomery Theatre. The lecturer is Dr. Holman of New York, and the sub- ject of his address Is Industrial Better ment." The address will be illustrated by stereopticon views and the lecture will cover the philanthropic experiments which have been conducted in recent years for tEe improvement of the condi- tions of the working classes. There will be no admission fee. The whole subject Is of great interest, and it will be treated in q way which will be entirely appro- priate to the Sunday split. Dr. Holman very often delivers these lectures in churches. but, by courtesy of Hirscher Bros. we have been extended the use of tho Theatre free of charge, and so the address will be given thsre
 ''I write to ask that you will kindly file this note for reference and that you will give SD cial n tice of the lecture t) your congregation at your service on No vember a. Your people will be admitted free of charge. and trust that q larga audience will assemble. I can refer you for fuller statements as to the object and scope of the address to the columns of the daily newspapers of this city.
 You are probably aware that this lec- ture is exte nd i'd as courtesy to the peo- pie of Montgomery by MT. Robt. C. Ogden of New York. The South. within the next few years. will become increasingly i'm portant as a manufacturing centre, and it is hoped that these lectures may prove of service in pr mo ing the fapnies. re- h tons between the employer and his em ployes.
 'Thankins you in advance for your co. operation. am
 Cordially and fraternally yours,
 Edgar Gardner Murphy"
The Montgomery advertiser., 1901-11-15
re .h. pahv Is Cuttine Teetn

rensJv Mrs Winslow's Soothing Syrup. for Children teething. It soothes the cbi,d softens the gums. allays all pain, cures wind collie and Is the best remedy for diarrhoea. Twenty-Five cents bottle.
The Montgomery advertiser., 1901-11-15
Triplets in Kansas.

Governor Stanley has withdrawn his or far to eiva silver cups to all tripets born in Kansas during his administration. Af- ter having purchased twenty sets of cups he decided that he would have to call a halt. owing to the expense of the scheme.
The Montgomery advertiser., 1901-11-15
Tonight.

At the Montgomery Theatre, the Pas sion Play vividly reproduced by soul stirring moving pictures. Prices, 50 cents; children. 9 cents. all parts of the house. Seats can be reserved at Forbes's Music Store. % Dexter Ave. adv
The Montgomery advertiser., 1901-11-15
SOME PEOPLE THINK

And others don't have time. Those who think tna. the Accident pLlity The Ad yeTtissr IS giving to its rea5~ CTS, almosl free, Is no good or too cheap, should learn a thing or i've. Ask about IL --ts
The Montgomery advertiser., 1901-11-15
COURT DOCKET.

The following cases were disposed or IT the City Court yesterday: l.; :. Judge Scippio. grand larceny, plea ol Ynisnomer entered by defendant, jury anc verdict for the defendant, but he was held for a new indictment
 Georgia Anderson, abusive language guilty: fined one cent
 Mary Jane Austin, abusive language not guilty.
 viii Bailey. burglary; not guilty.
 T. B. Buckner, assault and battery; moi guilty.
 Prince Edwards, assault to murder plea of guilty to assault and battery and lined $500.
 The case of the Georgia Home Insu rance Company against F. M Boykin for s3,000 alleged to be due on notes. is or trial in the civil division of the City Court.
 Marriage licenses were issued yester- day to Walter Marvin Ross and Harriett Pallillo Stubba; J. W. Urquhart and Edna McLendon.
The Montgomery advertiser., 1901-11-15
TONIGHT
At McDonald's Railroad Jack"-
 Saturday Matinee.

Lovers of amusement should avail the mselves of the opportunity of wit messing Railroad Jack tonight. The explosion at Dawson Switch, and the flight of he mid eight express it said to be very reali tie. the great tornado scene in which a circus tent is blown to pieces and a lady is thrown into q Lions d n and rescued by the tramp in full view of the audience is the most sensational of all previous efforts.
 Prices: Night, 25, 35. 50 cents; matinee, 25 cents. Reserved seats at McDonalds.
The Montgomery advertiser., 1901-11-15

CoNVALEsCENCE after pneumonia. tvnhoid fever and the grip. is sometimes merely apparent. not real. To make it real and rapid. there is no other tonic so hirhIv to be recommended as Hoods Sar- saparilla. Thousands so testify. Take Hoods VI
The Montgomery advertiser., 1901-11-15
..e.,o voars ago while at Martinsburg,

Some years ago while at Martinsburg, W Va. I was taken with cholera nor bus. which was followed by diarrhoea. -,.a. ..S adyised 10 get a bottle of Chamber ,aJn.s CoIic. cholera and Diarrhoea Rem ndy which I did. and it cured. me sound aod weu-G A. Morris. Embreeville, Pa. SoId bv F. G. Fowler. Druggist adv.
The Montgomery advertiser., 1901-11-15
Those Girls Again.

TnssNf saw her in her new dress to- day, and she seemed really happy. lsn't it remarkable?
 Tess-That some people can seem hap nv no matter how they look.
The Montgomery advertiser., 1901-11-15
ss.~s.~ . . HEAD NOTES OF THE DECISIONS
 OF THE ALABAMA SUPREME COURT.

CArIfA- CITY INSURANCE Uo. \, JONES, ASSIGNEE Action on a Policy of Fire Insurance Cnnecuh. l. Application of payments under mort 9a9e' agreement; subsequent rnodifica- e0n'IWhere snm ,N a mortgage to a building monthly payments shall be applied to the payment of stock in the company ana not to the reduction of the mort gage debt, they will be so treated. but subsequent to the execution of the mortgage they are applied by the mort gagee with the assent of the mortgagor 10 the mortgage debt rather than the stock subscription. such application will De upheld as a modification of the orig inal agreement by mutual assent.
 7. Policy of insurance in favor of mort gagor. loss payable to mortga- gee as It's interest may appear balance to mortgagor: proper party plaintiff Where policy of fire insurance is taken out by mortgagor and is payable fin cases of loss to the mortgagee as its in- terest may appear. the balance. if any to the mortgagor. and the indebtedness Is equal to or exceed the total amount of the loss, the mortgagee is the only party entitled to sue.
 3. Same: same; splitting of cause of action; burden of proof.-In such case, where the indebtedness Is less than the amount of the loss due under the policy, the mortgagor and the mortgagee may each maintain an action to recover his share of the loss, since the contract per- mits splitting of the cause of action. but the burden is upon the plaintn in either case to establish the amount of the indebtedness due under the mort gage contract. (Fire Ins. Co.,. V. Eel rath, 77 Ala. 194, overruled)
 4. When policy of fire insurance is contract for the payment of money After a loss under policy of fire in- surance has become fixed it is a contract for the payment of money within the meaning of the statute Code, Sec 2S0) requiring suit to be brought in the name of the beneficial owner.
 Reversed and remanded.
 Opinion by Mcclellan, c. J. Tyson, J., not sitting.
The Montgomery advertiser., 1901-11-15
DANTZLER & SONS V. SWIFT CREEk
 MILL. COMPANY.

MILL COMPAN1.
 Assumpsit for Breach of Contract.-Ap-
 peal from the Circuit Court of Au- tauga.
 1. Bill of exceptions; allowing same to be signed in vacation; how shown. Where no order for a bill of exceptions
 in vacation appears in the record of the court below. bill signed In vacation can not be considered, although it con
 tains a recital that the same was signed
 within the period allowed and ordered by the court for the presentation of 3 biU of exceptions" since this Is the mere statement of the judge, and not of the court.
 g. Sufficiency of judgment upon de- murrer mere recital in the judgment entry that certain demurrers were over ruled" or "sustained' by the court, is not a sufficient judgment by the court
 upon the demurrers, so as to present for the consideration of the court, the ruling of the court below upon such de- murrers.
 Affirmed.
 Opinion by Haralson, J.
The Montgomery advertiser., 1901-11-15

Cascade Restaurant.
 The best the market affords served in first-class style. Al Galatas, Prop, op- posite The Advertiser office. adv.
The Montgomery advertiser., 1901-11-15

We have commenced to make our famous Palace Market Sausage and will have it all the winter. If you have tried it, we know you want it, and if you have not and want the best pure pork-sausage made, try it..
 H. L. YELVERToN & SON, Phone 247. No. Court Square. -3t
The Montgomery advertiser., 1901-11-15

The motive Of the average play seems to be 10 make men thirsty between the acts
The Montgomery advertiser., 1901-11-15
WEDDING DRESS HER STROUD.
Miss Willie Dubose Kills Herself on
 Her Bridal Day.

West Point, Miss. Nov. H.--Miss Will lie Dubose while unloading a pistol today accidentally shot herself, the ball going through her heart and coming out at the back. She died almost immediately. To add to the sadness of the affair. she was to have been married tonight and no wlies d corpse shrouded in her we'd ding dress. She is a member of one of the prominent families of the State and popular and admired young lady.
The Montgomery advertiser., 1901-11-15

DO YOU WANT THE BEsTp Ross,s Barber Shop is the place to 20. Exchange Hotel.
The Montgomery advertiser., 1901-11-15
M'KINLEY INCIDENT.

lpinion by Dowdell. J.