davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-24
SUPREME; COURT.

~ -
DECISION HANDED DOWN IN AN
ACTION ON APPEAL FROM
JUDGE SAUTER'S DISTRICT IN
WHICH THE LOWER COURT Is
SUSTAINED.
A decision has been handed down by
the state supreme court in the case of
Henry McGuin and Jane McGuin, ap-
pellants, vs.. Joseph E. Lee ct al, re-
spondents-an action to declare deed
to be a mortgage. In the lower court
Judge Sauter's-judgment was given
defendants and on appeal the judg-
ment is confirmed. Templeton & Rex
appeared for appellants and Cochrane
& Corliss for defendants. Opinion by
Morgan, j. The syllabus is as fol-
lows:
l.. M and wife executed and deliv-
cred to L a warranty deed Of lands
partly owned by the wife and partly by
M, in consideration Of the release and
taking UP of certain secured and un-
secured debts of M, and the leasing to
M of such lands for farming purposes.
NJ received a written lease of such
lands from L at the same time the
deed vas given, M and wife retaining
possession. Such lease contained a
special provision that L would recon
vey such lands on payment of a fixed
sum at a fixed time, such sum being
the total amount of such debts. Held,
that such stipulation to reconvey on
conditions did not constitute the deed
p7esumptively a mortgage.
9. Ms wife held the title to part
Of such lands in her name. the other
being their homestead. She delivered
a deed to such lands through a notary
to u Internationally, L not having no
tice of any intention on her part to
convey such lands contrary to that ex-
pressed IN the deed. Held, that she can
not claim such; deed to be a mortgage
as against l. who acted upon and relied
| upon it as an absolute deed.
3: Evidence examined and held, not
to sustain the contention that such
deed was a mortgage.
4. Held, further. that in an action
to have such deed declared to be a
mortgage, plaintiffs must show the
deed to be a mortgage by evidence
clear, specific, satisfactory and con-
yincing. The rule in Jasper VS..
Hazen, 4 N. b. 1, followed.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-24
7.NtI.gIN. AS,NI \ ssNBIstgE .gsF dFsbt,,T MS
superstitious Great Men

Superstition has no only prevented
mankind from attaining a superior en-
inence Of happiness, but what IL more
deplorable, Il has added in . great de-
gree to an already extensive. catalogue
-ofS earthly, mriseesrriies. II Ii Hot lb,yy Tie
ignorant alone that superstitious be-
liefs are entertained, but BY many ETH
nent men Of the past and present. pr.
Samuel Johnson was q firm believer in
ghosts ana second sight. Josepfhlus, The
great Jewish historian, relates thatsshe
saw the extraordinary' sight Of an evil
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-24

Vi Drying prrrespIaratiionsi simply deyel.
opdry catarrh; they dry up the ecretions,
which aiaddherre to the membrane, and decotn,
posge,, ccasInisiiing asffar: mnoolr;e,slesrriioutaatt
the ordinaryforrmMe 81 tcaataarrhs. Avoid aldry.
Ing inlialants,,e fnmes,I smokes and shifts
and uSesethat which cc1esnsas, sodothes and
heals. iEly's Cream Balm ID such d !; remedy
ana Will cure .ecatarrrhh b: iSebb1d III the lead
easily and pleasantly. trial six; will be
mailed for TO cents: ALL druggists sell the
SOC. size. Ely Brothers, IS Warren st., NY,
The Balm cures without pain does MOI
irritate or cause sneezing. Il spreads itsen
over an irritated and angry surface, reliev,
ing immediately tie painful Inflammation.
With EFly'g Cream Balm YOU are armed
against Nasal Oatarrh and Bay Fever.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-24
YOUR FURS

BY using Cedar Anti-Moth Bags. Size,
224x36. inches. Guaranteed vermln
proof. Neither. miller, moth nor
mouse viii 60 near them. s~s
Bags are strongly impregnated with
odor OF cedar, (odor lasts as long as
bag). Sent postpaid on receipt of 81.
Agents wanted. Manufactured by
FrInk & Reynolds, 50 r. Fairfield
avenue, St. Paul, Mimi. " ~.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-24

spirit being induced to leave the BODY
Of an afflicted mortal upon the applica.
ton Of Solomon's seal to the patients
nostrfl. James vi, who was noted for
his Intellectual attachments and theo-
logical learning, was a firm believer in
witchcraft. So deep a hold did this
absurd notion have on him that he pub
lished a work unfolding this doctrine
and actually punished all who opposed
the beRef,-Exchange. @
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-24

Shop, has put in one of Henderson's
hand power tire settlers which sets
tires cold and without taking it of
from the wheels or taking out bolts
and Ices the work in a few minutes.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-24
THE WEATHER.

Maximum temperature today 70.
Minimum temperature today "a.
Forecast for d hours ending tomorrow
night at i o'clock: Generally fair and
cooler tonight and Thursday.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-24

home west of the city. MI. Jackman
will have to pipe the water from the
big main connecting the city with the
reservoir which lies north of the N.
P. tracks, about 500 feet from his
house.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-24

George Fl. Reyes of Dickey county
will go to Kalispel, Mont to accept a
position with the Great Northern at
that place. $
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-24

If troubled by a weak digestion, loss
OF, appetite, or constipation, try a few
doses. Of chamberlain's Stomach and
Liver Tablets, Every. box warranted.
For sale by. E. s, Beardsley.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-24

The meats sold at Coehrane's market
come direct from Armour's Omaha
houses-corn fed beef, delicious NUT
ton, best hams, smoked meats and
sausages. Try them. ,Ea =
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-24
NoTItCE-eITY DUMPING GROUNDS

NOTCE-GITY DUMPING GROUNDS
The city dumping grounds are los
Gated north Of town between Third
and Fourth streets and east Of Gslss-
ner's slaughter house. All persons
are cautioned not TO dump refuse o
AM, kind, south OF the aignboard, OF
tat any other place in Of near the city
except on the above described dump
ing grounds.
JOHN g. RITCHEY,
Chief OF Police,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-24
T. LULLABY. S%S*a
We've wandered all about the upland iaIlowA
We've watched the; rabbits at their play,
LuLLABY.

We We wandered all about the upland iaIlowe@
We've watched the rabbits at their play,
But now good night, goodby to soaring swallows,
Now good night, goodby, dear day.
Poppy heads are closing fast, pigeons circle home
5&@5at last; s&&$% E#E8&}E.sI ~ ffES42 4I g Lt& :
sleep, liebchen, sleep, the bats are calling; III
psnsies never miss the light, but sweet babes
must sleep at night ~ - - ~,
Sleep, liebchen, sleeer the dew Is falling.
Even wind among the quiet willows
Rests, and the sea is silent too. E.I2%
Gee soft white linen, cool, such cool white pillows
Wait in the darkling room. for you. Vi
All the little chicks are still; now the moon peeps
down the hill; D. &$E. %$E.t $5Es$
Sleep, liebchen, sleep, the; owls are !hooting.
ishipns have hung their lanthorns out; little mice
ss,9tdare creep about; gFgEe @%gs% aIr&ss. yEss4F...4sa&,. n
Sa1iebchen #sleep,. the stars are stioctfng..$
NJ. Hueffer In ,Mttell's Living Age.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-24

The horseshoe IL China as wen as In
other countries is looked: upon s.,as q har.-
binger Of good luck. For that reason
Chinese mandarins when buried have
horseshoe graves. ~ e 5-$s5 49,. "
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-24

DR.. Kohler of Minneapolis will be in
Bismarck Monday, April 10th, to do
eye, cal, nose and throat work. For
appointments inquire Of local physl-
slams. <lG @#%& . * d
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-24

sCOURs IN COLTS AND CALVES.
For "a young calf Or col; from d day
to q month Old give one teaspoonful
81 Charnberlain's Collie, Cholera and
Diarrhoea remedy in half, a gill Of
water as q drencht after each operation
of the bowels more than natural;
usually one dose Il sufficient. For
older animals itmay be given In the
feed. Thousands Of valuable ami
mails are saved by It each year. This
remedy Is just what You should take
yourself when troubled with diarrhoea.
For sale by p, q. Beardsley.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-24

Never knew there was such a diff
ference in meats" is the exclamation
OF those who try Arnnour's meats, fur
nished by i. + Coschranes new mar
ket.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-24

Should yto,uS wish ! new pair Of shoes
ycn can see the finest assortment It'll the
northwest at the Boston.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-24

49, 4, -. a4
Mn. W, H. Avery, the piano tuner.
is at the Northwest. Leave orders.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-24

Call and see shesnsw coiors IN gents
hosiery BIZ tie Beaten.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-24

Drop In the new barber shop two
doors north of Main on Fourth street,
Imperial press., 1901-09-14
MUTINY AND MURDER ON SHIP
Laicsn Rise Upon Whites. Officers Over.
 come and Bodies Thrown Overheard

Vancouver CB. CJ-The steamer Tartar. arriving from the orient, brought news of a mutlny and whole sale murder on board the American steamer Belgika. whose home port Is Manila. The steamer was manned by Lascars. and when they refused to work the captain turned on them and attempted to drive them 10 their duty at the point of revolver
 The natives must have thought the skipper was bluflng. as they became defiant. and a free fight ensued. Capt. Velasco, the chief officer. and several white seamen fell upon the natives with any sort of weapon that came handy. but the superior numbers or the yellow devils won in the end. for every one of the whites was murdered and their bodies thrown overheard
 Well knowing that retribution woul follow their work. the mutineers abandoned the Belgika, after casting her loose from her moorings. She was found several days after by a United States gun boat
 The Belgika was then adrift and in a helpless condition, and as her decks presented every evidence of foul play having been committed, the gun boat took her in tow and into the harbor of Cebu. At Cebu a new crew was secured and the Belgika proceeded to Manila.
Imperial press., 1901-09-14
Exportation of California Wines

San FrancIsco.-The annual reports of the Southern Pacific and the Santa F6 Railroad companies for the fiscal year ending June 90. 1901. concerning the shipments of wines and brandles out Of California by rail. show that the eXDortatiOn of bulk wines for the term mentioned aggregated ii .5Os. .g3g gallons. as compared with 12.g7e. 200 gallons in the preceding fiscal year.
 As against the falling off fin the movement of bulk wines Is the show. Ing made by wines in glass. which largely exceeded the figures of 1900 the ratio being 5O.OOO cases during inc year ending June 90. 1901. as com pared with 3O,O0O cases for the pre. ceding fiscal year.
 The shipments of California bra,dv by rail for the same time were 45q5 cases, against 2sOO cases in the pre- cedlng fiscal year The exportation Q, 0uik brandy also indicate a gain. The hgures are: For 1901, s56.931 gall lons' and for 1900, 7O2, 500 gallons
 Adding the sea export to the sora- going rail shipments, makes grand total of 5s,77S cases and 1e s2e Of, gallons of wine. and of brandy 4S4l eases and 9Ol,l11 gallons bulk.
Imperial press., 1901-09-14

were it not for the fact that. in too many cases. the growers do not re- ceiye their pro rata for their product. Fast freights are nice, but Jones, he pays the freight" and the expense bills are heavy.
 In addition to this, owing to lack Of organization on the part of the fresh fruit shippers, the fruit firms pot the game while the growers hold the sack. One prominent fruit-shipping firm is credited with netting S4O,OOO on pears alone last month!
 This state of matters will. however. remedy itself, for the Cured Fruit As soCation. under the management Of Prof. Sprague, has had most suc- cessful season and all signs point to very large accession to its member ship for another year The coopera- tive marketing leayen is working there as well as here, and 1t Is but question of time before the majority of the deciduous fruit growers will be organized for mutual benefit and self protection.-[California Cultivator,
Imperial press., 1901-09-14
4 Few Item, Gathered for the Interest
 of Our Rural Readers.
Encouraging Beet Returns State Fruit Growers Convention-The Walnut Dis. eaSe--Our Fruits Abroad

The Gibson orchard. below this place. says the Yuba City Farmer. has for years been famous for It's prolific yield Of fruit. and this season Is no exception. From six acres of Tuscan cllngs the yield was % tons or al- most lG tons per acre. The fruit be- ing large brought s25 per ton at the cannery. which brings the Gibson brothers close to the s4O0 per acre for the crop.
 W. T. Curtis of Riverside has proved conclusively that pineapples can be grown there. He has a com plete "p!nery" containing over 900 plants. some of which are bearing half-rIpe fruit of fine quality.
 4 couple of lye vats are being put in at the cannery with which Mir Rath will try an experiment with cling peaches. He proposes to remove the skins by dipping them in hot lye. The experiment has been preciously tried with more or less success. but Mir. Rath says he has arranged a pro-
Imperial press., 1901-09-14

cess that he thinks will do the work thoroughly without the least injury to the peach -[Visalia Times.
 The bee;s at Indio this year gave encouraging returns. and the proba- bilities are that a considerable acre age will be grown there next year for the Chino factory. The beets grown there this year averaged 10 per cent. sugar in June. Later the weather be- came so hot that they deterorated. It Is determined that the planting in that section must begin early-say in December. and the harvest must com mence about June 1.-[Chino Cham pion.
Imperial press., 1901-09-14

seems Co me must be the malady In both Santa Barbara and Ventura counties. Prof Pierce. who is United States government pathologlst for studying and Investigating bacterial diseases. is now hard at work on this blight He will discuss lt thoroughly at the Santa Ana Institute to be held at that place September 1S-l3. IL will pay every club where walnuts are grown at all to gather all the light possible in the matter IL Is ques- ton Of the grayest importance and all our growers should urge for the utmost light possible In the premises. -lCalfornla Cultiyator
Imperial press., 1901-09-14
COW pUNCHERS FIERCE FIGHT
None of the Combatants Remain Alive.
 Four Men are Killed

Tucson (AriZ. )-Four cow-punchers who engaged in a gun fight at Ante lope Pass in Graham county few days ago are dead. and one man who witnessed the fight carries a bullet embedded in the bone Of his heel. It was the most remarkable fight that has taken place for some time in Ari- zona.
 Jesse Hoffman and his brother Hay den. who is known by the cowboys as Push Wadley." were at their camp eating a watermelon. when Mayor Sanchez. Mexican cowboy, ap- preached them and grabbed a piece of the melon. This angered Jesse Hoff- man, who knocked the Mexican down. Sanchez vowed vengeance, but said he did not care to fight with his fists. You wait. I come and fight you" he said as he left. Sanchez went after his partner. Ben!to Can ales, and the two men returned. we'll armed, to take up the fight of San chez When they got within fifty yards Jesse Hoffman told Sanchez that he had better stop there. but the two Mexicans advanced unmindful of the warning Don't come up her, or I'll kill you" warned Hoffman. at the same time pulling his siX-shooter. Sanchez, however did not halt, but instead rushed on Hoffman, who fired. But Sanchez pushed the gun up and the ball went into the air.
 Hayden Hoffman then came to the assistance of his brother and opened fire. which was returned by both San chez and his partner Hayden Hoff- man was killed and Jesse fought the two men for a few minutes. killing Candles and falling himself mortally wounded at the feet of Sanchez. The sole survivor of the fight then mount ed his horse and had gone fifty yards when Jesse Hoffman, who was dying, raised his body. secured his six shooter and fired at the retreating Mexican. The bullet struck Sanchez square in the head, killing him in- stantly. and his body was dragged several hundred yards by his horse before 1t fell to the ground
Imperial press., 1901-09-14
MINES AND MINING

Two hundred pounds or orc ro-
 celVed by B. F. Lewis & Co. brokers
 rom the New Era Mining Company or Searchlight, New, shows free gold Tn nearly every piece of quartz. Mosr or 1t shows pure wire gold and they are most beautiful specimens. This company is opening up a fine pron- erty, the same adjoining the Omar tette Company of Boston. Mass which Is now cleaning up about s4o- 900 per month.
 me machinery for the Blue Dick smelter. consisting of fortv-ton Jacket, two gasoline engines blower etc, has been shipped and is expected 10 arrive in Prescott now any dav says the Phoenix Republican. The Blue Dick has on the dumps 400 tone Of ore, valued at S30 per ton. ready for treatment. The ground has been made ready for the placing of the ma chinery, and Superintendent Camp bell will commence turning out bull lion some time in September
 The Yellow Pine Mining Company will begin extensive operations of it's mines this month Some of the lare- est ore chutes of the Yellow Pine dis trict are on claims belonging to this company and the advent of the Cali fornia Eastern Railroad to that dis trict will enable the company to work It's ores on large scale. The officers of the company are: J. F. Kent. president; Lynn Helm, vice-presl- dent; H. E. Kemp, secretary, and ". D. Longyear, treasurer. The principal place of business of the company is Goode Spring, Nevada.
 The Klaus quicksilver mine. near Adelaide, in San Luis Oblspo county. Is now employing fifty men and more would be given work if they were to be had. The furnace, which was started some time ago, is now running satisfactorily. and turning out more than enough quicksilver to pay the expenses of the mine, though it is yet in the experimental stages. It is be- ing run night and day and crowded all 1t will stand. Lumber has been hauled for a number of new build ings, and other improvements at the mine.
Imperial press., 1901-09-14
Ninety Person. Poisoned at Cleveland O.

Cleveland.-Ninety persons who ate clans at a lunch. incident to the opening of new public building a few days ago. have been i'll since, suffering. 1t is alleged. from ptomaine poisoning. No person has died. but many are still In bed
Imperial press., 1901-09-14
Peach Trees to be Destroyed

Athens (O)-Fully ten thousand peach trees will be destroyed in this county by order of the Agricultural Department. being afflicted with San Jose scale. Many orchards will have to be entirely destroyed.
Imperial press., 1901-09-14
Our Fruits Abroad

There is nothing in Europe to equal the pears, plums and oranges that California sends us. And not only Is the fruit exceptionally fine. but it arrives much earlier in the sea son than home and continental fruit, and while its price Is slightly higher. this does not preclude it's consump- tIon by the many. Already this sea son we have been able to place fine plums and pears on the markets be- fore supplies were available from any other country"
 This Is what firm of fruit inn porters in Glasgow. Scotland, said to reporter or the Evening News Of that city.
 Continuing. the merchant said. re- ferrIng 10 the fast time made by fruit trains in this country: We sell fruit in Glasgow that fourteen days before was on trees in California"
 This. together with other "straws" of like character. shows how our fruit Is regarded in European markets. IL would be exceedingly encouraging
Imperial press., 1901-09-14
State Fruit Growers Convention

The next annual convention of the State Fruit Growers Society will be held at San Francisco. December 3-6. Prof F. J. WIckson of the University of California. B. N. Rowley, editor California Fruit Grower. and Alex ander Craw. State Quarantine Officer are the committee of arrangements.
Imperial press., 1901-09-14
The Walnut Disease

There Is no little interest in the re- gions of Ventura and Santa Barbara walnut culture In the new disease
 walnut blight, which Prof, Pierce tells us Is more or less in evidence in the whole walnut growing area of our southern counties. l have seen what
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-10-20

Wright Aubrey, appeal
u. j. Smith, appeal.
Nick MOntes appeal
Tom Brown, appeal.
Al simon, appeal
Kie Pryor, appeal.
Leander Dartrey, appeal
J. c. Henderson, appeal
J. c. Henderson, appeal
Walter Cahlfl, appeal:
H. l.. Asberry, appeal
j, Osehe, appeal
Fred piner, appeal.
Low Newton, appeal.
Ex parte N Il. Boyd, habeaS corpus
Real Estate Transfers.
Abble NJ. Perry and l.. II. Perry to
Il. H. MacNicou, lots / and 2.
block II, Fair Ground extension
J. AI M Williams to Emma i. VIII. "
lams a part OF the Burnett home
stead; love and affection $1,000. ,,.,-.
Hollywood cemetery 10 Emile Hueni,
lots IS and 90. Pinewood Lawn,
Hollywood cemetery .....,....... 100
K. ID. Gribhle TO Jacob Washington,
part of lot "a, Holman suryey.... VI
Hollywood cemetery 10 Adolph Gold
man, lot so, In cemetery. ,....... %
W. W Acheson TO Alex Acheson,
lots 3 and 4; block 8, Fair Ground
extension addition .....,.....,,.. 500
Patrick Fitzgerald to Larhn Fer
guson, lots 10 and 20, block AZ, In
oi n Iof Krlnii and husband to Dan. ~
lei Schcil so acres out Of the T..
II. Callahan survey ......,...... 800
A. ii. Bartel to Berry Robhngs, 20
acres OF Reels x Trobough sur
w. b. Jones ct al to S. G. Brasheld
ct al 1o0xs0 feet out OF Il. Rey-
nolds survey ACKNOWLEDGEMENTS. "a
s. G. Brashold et al to A. r. Stain
ton. 15Oxs0 feet out Of Il. Reynolds
survey .s.sss.sss..'.. H.
Alice h. Vlnson ct al 70 Harris
county, 2S-1OO OF an acre OF land
out OF she Johnson Hunter survey. ]