davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-06

cattle. Robinson finally refused to
deliver the cattle to Gussner, unless
he would pay twenty-one dollars per
head for them. While these differ
ences were being talked over and
settled plaintiff came TO Bismarck and
remained several days. During this
time Robinson sold and delivered the
steers to the defendant and plaintiff
Immediately brought this action to
recover their possession. Prior to
bringing this action plaintiff rendered
to Robinson $3.50, being the amount
due Robinson from plaintiff upon the
purchase price of seventy head OF
cattle at $1S per head. This tender
was refused. Upon these facts>it is
insisted that tie direction of verdict
was erroneous. In this. contention we
concur
Exhibit A is not definite as to the
terms CT the agreement between
plaintiff and Robinson. It fairly ap-
pears from it and other evidence that
Robinson was plaintiffs agent to pur-
chase cattle for him with plaintiffs
money and that the money was en-
trusted to Robinson for that purpose
and that Robinson did actually pur-
chase cattle for plaintiff with the mon
ey and had the cattle at Braddock for
the purpose of turning them over to
the plaintiff as his property. The cat
tie were therefore held by Robinson
in trust for the plaintiff, who was en-
titled to their possession upon pay
ment to Robinson of any balance that
might be due to him on their purchase
price, pursuant to the contract be-
tween him and the plaintiff. Upon
such payment of such sum plaintiff
would become the absolute owner of
the cattle. He could not be Invested
OF such ownership without his, consent
unless by his conduct he had estopped
himself to assert his ownership there
OF as against an innocent purchaser.
Permitting Robinson to have the DOS
session of the cattle for the purpose
of delivery to plaintiff would not alone
constitute an estoppel; nor would his
failure to accept the property upon
terms imposed by Robinson alone con-
stitute such estoppel. The most that
Robinson could insist on would be to
hold the property until his lien for
advances on the purchase of the
property, if any, had been paid"
Plaintiff also assigns error on the
courts refusal to permit a portion of
Robinson's deposition to be read to
the jury. The deposition was taken
on defendants application and plant
i'll appeared at the taking thereof and
cross-eamined the. witness. Plaintiff
offered Robinson's answers to three
questions in the deposition as given
cross-examined the witness. Plaintiff
the offer was rejected. There was
no error in this ruling. The question
was settled by this court in Bank VS..
Elevator Co., II N. D. 280. It was
there held that party can not intro
duce mere excerpts or isolated parts
OF deposition. See authorities there
collected. Also 13 Cyc., 9S3, and
cases cited.
The Judgment Of the district court
is reversed and the case remanded
for further proceedings.
All concur.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-06
A Nice Crop.

Wells County Free Press: Griff
Lewis was up from the Sykeston vicin-
ity last Wednesday. Mr.. Lewis is
probably the biggest wheat farmer in
Wells county, having raised this year
1920 bushels of that cereal. His
other crops aggregated between 1000
and 5000 bushels. He marketed
most of his wheat at $1.06 per bushel.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-06

and it all graded No. l northern.
He now owns ten quarters of land,
having purchased another quarter this
fall. We believe Mr.. Lewis holds the
record this year for raising the most
wheat of any individual farmer in
Wells county.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-06
GUSSNER-HAWKES CASE.


ion In the Case of Gussner VS..
Hawkes..
The supreme court has handed
down decision in the case of George
Gussner, appellant, VS.. Stephen A.
Hawks, respondent, reversing the
lower court and remanding the case
for further proceedings. Syllabus as
follows:
1. Pesonal property, bought by an
agent for his principal, with the prin-
cipaps money, can not be sold to the
third person, although an innocent
purchaser, SO as to convey title
thereto as against the principal,
unless such principal has estop-
ped himself by his act or conduct
from asserting his ownership of such
property.
2. A party to an action has no
right to read excerpts or isolated por-
tons of deposition on the trial of
an action.
Appeal from the district court of
Emmons county; W. H. Winchester.
Judge.
F. H. Register, (Newton & Dullam
of counseD, for appellant.
H. A. Armstrong and Allen & Coch-
rane, for respondent.
The opinion is by Morgan, j., and
the following facts are given.
1.-THE plaintiff brought this action
to recover possession of seventy head
of cattle, of which he claims to be
the absolute owner. The defendant
by his answer denies the PLAINTIFFS
ownership and alleges ownership in
himself. Upon the conclusion of the
taking of testimony on behalf of the
plaintiff, the court directed a verdict
for the defendant upon his motion.
After the denial of motion for a new
trial judgment of dismissal of the &C.
ton was entered and the plaintiff has
appealed from such Judgment. The
assignment of error relate to the ex-
'clusion of offered testimony and tn
the granting Of the motion to direct a
verdict in defendants favor. The
facts out of which this action grew are
as follows: On May %, 1900, the
plaintiff and one Robinson entered in
to contract, under which said Robin
son was to buy some cattle for plaint-
iii. The evidence of said contract, in
part, Is the following memorandum
entered into at that time and known
as Exhibit ar:
bismarck, N. D., May %, 1900.
5000. Received Of George Gussner the
sum of nine hundred dollars as na n
payment On sixty-fve or seventy
yearling steers, good color, to cut out
Jerseys and Holsteins. Cattle to be
good grade; cost to be SIT or $1s, de-
hvered at Braddock, N. D.
= II. H. Robinson
Soon after the payment to him of
said nine hundred dollars, Robinson
Went to Canada to buy the cattle.
While II In Canada, he wrote Gussner
and advised him of the progress he
was making in buying the cattle. At
N. Minneapolis, on July, I'd, he tele-
graphed Gussner that he would be at
Braddock, N. D., on the following
Thursday. Gussner met him at Brad.
dock on that day to take charge Of
the cattle. The freight upon the cat
/ tie had not been paid and Robinson
told Gussner that the freight must be
paid Gussner tried to pay his pro
rata share OF It but the agent would
not receive what was due on the
Gussner cattle, but demanded the pay
{ ment Of the freight on the whole ship
ment which Included some fftyseven
head q other cattle which Robinson
4 had bought Tor llis brother-in-law.
Robinson a1so insisted that Gussner
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-06

Miss DeGratf will hold her Christ
mas Art sale at e. G. Fields furniture
store on the 10th and 18th of this
month.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-06

LOST-A rubber robe with felt
lining, T. F. M. on two corners. If
found please leave it at the barn and
oblige me. T. F. Morris.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-06

- town to
With these words John Young bid
farewell to Fargo.
Young was sentenced to long term
in the penitentiary last week by Judge
Pollock. He was taken to the state
institution at Bismarck by Deputy
Sheriff Redman and was pronounced
by that officer the toughest individual
ever confined in the Cass county Jail.
Young was arrested in Moorhead
last summer on suspicion. Later he
was connected with several hold-ups
in this city and was brought here for
trial. During his confinement in the
county Jail he annoyed the officers BY
feigning insanity. He set fire to his
blankets one night and a stream of
water was turned on him by the jailor.
This cured him of his mental weak
ness.
While Detective Murnane of st..
Paul was in the city, the detective
identified Young as well known
crook. .t1
Young pleaded guilty to the charge
OF holding up Dwight l.. Buckingham
and was sentenced to 20 years. 1t is
believed Young was responsible for
the series of holdrups here last sum-
mer He is now about 50 years Of
age, and as he has lived wild and
dfssipated life, It is not probable that
ne will live long enough To return and
carry out his threat to destroy the
city. X. & + !.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-06

IT you want a dray right away,
phone 116. Call A.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-06

a blushing Cqpperstown bride Of ~
and e Valley City young man Of as
were married last week, according to-
the Courier. 5a3 N e 4$33
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-06

. WANTED-Good girl at Banner
House.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-06

LOST-Pair rimless nose glasses
in metal and leather case. Suitable
reward for return to this office.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-06
TO BLOW UP THE TOWN

Fargo Prisoner Utters Dire Threat
on Leaving Fargo for the Peniten-
t'aty.
Fargo Forum: eff live long
enough I'll come back and blow this
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-06

FOR RENT-First-class residence,
with all modern conveniences; on
Second street. Inquire of Geo.
Watson.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-06

DEAR MRS PNKHAM: might have been
spared many months of suffering and pain if
had known Of the efficacy of Lydia e. Pink
hams Vegetable Compound a few months
sooner, for tried many remedies without find
ing anything which helped me before tried tho
Vegetable Compound. dreaded the approach
of the menstrual period every month"; as it
meant much suffering and pain Some months
the how was very scanty and others it was pro-
fuse, but after I had used the Compound for
two months became regular and natural, and so
continued until I felt perfectly well, and the
parts were strengthened to perform the work
without assistance and pain. I am like differ
ent woman now, where before did not care to
live, and I am pleased to testify as to the good
your Vegetable Compound has done for me. /"
Sincerely yours, Mrs. TITLE HART, Larimore, ND
Be it, therefore, believed by all women
who are i'll that Lydia p. Pinkham's Vege-
should take. 1t has stood the test of time.
and 1t has hundreds of thousands of cures
to it's credit. Women should consider &c
unwise to use any other medicine. :,
,I MIS- Fl, f1nkham, whose address is Lynn.
d to her by sick women. Perhaps she has
will help your case try her to-day
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-06

FOR RENT 49, Furnished rooms !;
modern. Inquire of Mrs. e. c. Taylor,
424 Seventh street.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-06
me CENT A WORD COLUMN

Orders taken for hand painted china,
score cards, and water colors. Emma
Stevens, cor. Thayer and Sd steets.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-12-06

cost all letters addressed she
costs nothing. 80 O - ~>~ OA"y -
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-03-29
FATHER AND DAUGHTER
CONTEST WOMAN'S SUIT
Mother Arrayed as Adversary
Against Family While Divorce
Petition Is Heard.
GIRL WEEPS IN COURT

a divorce case of unusual proceedings,
where the father and daughter We're ar
raigned on one side fighting the petitions
of the mother. came up before Judge Carter,
of the Superior Court, yesterday afternoon.
This was the case of Mary Duncan against
Thomas j. Duncan. AS she sat beside her
father and heard the accusations made
against him by the mother and the wit
nesses for the prosecution. Miss Vera Dun
can. fourteen years old, gave expressions
to mingled feelings of deep sorrow and con-
tempt. While on the witness stand the
mother would often cast affectionate
glances toward her only child and as their
eyes met tears would Involuntary start
and often in the course of the trial the
girl would bury her face in her hands in
uncomfortable emotion. After court ad-
journed yesterday afternoon the mother
was seen to go to the child and in a ten
derby and motheriy manner lay her hands
upon the girls shoulders and talk to her in
a subdued tone
Mr.. and Mrs. Duncan at the time of their
separation last August lived in North In
dianapolis on West Thirtieth street. The
defendant is a member of the city fire de-
partment and has been since his marriage
to Mrs. Duncan in December, 1888.
The charges against the defendant are
cruel and abusive treatment, ii being
claimed that he has several times threat
ener the plaintiff and has put her in con-
slant fear of him.
A number of North Indianapolis resi-
dents were brought into court yesterday by
both the parties interested TO testify both
for the plaintiff and the defendant. Before
adjournment number of citizens were in
troduced to testify as TO the amiable quail
tiles of the husband. The case will be con-
tinued at O'Clock this morning.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-03-29
MAY SEEK A DOM|CIlE
IN THE CUBAN REPUBLIC
Uncon6rmed Rumor that the
Northern Securities Company
Wants New Home.
PALMA IS SURPRISED

HAVANA, March 2S.-Rumors which have
been circulated in the United States that
the Northern Securities Company would at
tempt to domicile itself in Cuba came as a
surprise to President Palma. The Presi-
dent informed the Associated Press to-day
that he had no knowledge, written, verbal
or otherwise, that such an effort would be
made. AS he is acquainted with some of
the persons prominently interested in the
Northern Securities Company President
Palma said he would certainly have been
informed if that organization contemplated
a domicie in Cuba.
1t does not appear that there is anybody
in Havana on such errand, though ac-
cording to the rumors which have reached
here Levi =. Morton, ID. A. Smith, Sir Will
liam Van Horne and attorneys representing
j. j. Hill and j. ID. Rockefeller are in
Havana pressing President Palma TO per-
nit the Northern Securities Company to
domicile itself here. MessrS. Morton and
Smith and T. +. Ryan came TO Cuba with
Sir William Van Horn and dined with the
President last week, after which they pro-
ceeded to Santiago de Cuba. The ques-
ton of the dOmiciliauon of the Securities
Company was not mentioned at the dinner.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-03-29

volborth,'' said Fortescue smiling. NJ
volborth is a colleague of the Hers
Laura was ell cold politeness in mo-
ment.
Indeed" she replied. I'm that case.
monsieur you would perhaps inform me
where Herr Winckel is 10 be found.
particularly wish. to see him on an I'M
portant matter of state.
"Mademoiselle is in the service of the
British government" said Volborth, DOW
ing low -. ao, T
shall run an embassy some day." replied
Laura with great dignity.
'"Then. mademoiselle, l shall have the
honor to send Herr Winckel TO you forth
with" said Volborth. And with a grim
smile at Fortescue, he took his hat and
left the room.
IAN odious creature, that" was the COM
ment of the future ambassadress when ne
was gone. And she straightway plunged
into a discursive conversation IL which
questions about the capture, the behavior or
Billy" and the prospects of the wounded
man in the inner room were mixed In de-
lightful confusion. These topics were not
nearly exhausted when again there was a
tap at the door, and two persons entered
the postman, bringing a letter for FOR
tescue, and Herr Winckel, bland and child
like ever.
You read your letter, Spencer. and I
will tackle the Herr" cried Laura, run
ming to greet her old friend. whom she drew
by the buttonhole of his baggy frock coat
into a far corner, while Fortescue obeyed
orders and broke the seal of his letter For
the space of five minutes there was only
TO be heard the subdued pleading Of the
girl, broken by the cultural "Ach, SOS"
of Herr Winckel. After which profusion
of thanks. a grunt, and dead silence.
"Well, little woman. and have you made
it all right" said Fortescue, looking up
after reperusal of his letter.
1.-The Herr is a duck was the reply.
"He will not drag Boris into it at all. He
says that Volborth is muddler, and that
he can get all the evidence he wants in
the Versailles attempt for the conviction of
those murderers, without going into by
cones"
"And here said Fortescue rising, lis a
| letter from lima, saying that she also
means to let the past take care Of itself
| Let go and tell the patient"
THE END.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-03-29
|PEABODY TO PUSH THE
CASE AGAINST MINERS
Governor of Colorado Says Every
Effort VIII Be Made TO Con-
Wet Meyer.
APPEAL OF MOTHER JONES

DENVER, Col, March Especial coun-
| sci has been sent to Telluride to take
charge of the case OF Charles II. Meyer.
president OF the Western Federation Of
Miners. who is held in Jail on a charge Of
desecrating the flag. Governor Peabody
has declared that President Meyer will
DC prosecuted to the utmost limit
OF the twelve deported Telluride miners
who attempted to return TO their homes
under protection OF the injunction issued
by District Judge Stevens, four at least
have again been deported by the military
AMI warned not To return. Another,
Stewart Il. Forbes, secretary OF the Tel
hurdle Miners Union, has been arrested on
a charge Of perjury IL is alleged that ne
Is an English subject and voted at cleo
tons In Telluride without filing certificate
OF citizenship OWNS. to the strict press
Il censorship exercised in. the southern coal
fields il IS difficult to obtain accurate and
prompt Information regarding the situation.
a censored telephone message from Tel
luride to-day said that all deported miners
who had attempted 70 return had been
turned back by the military except Stewart
b Forbes, who was arrested.
This Information is a contradiction OF the
statement made by the Governor on Satur-
day night.
Mother" Jones' who was deported by
the military from Trinidad, left Denver to-
day for Crested Buttee and will work
among the miners Of GunnisOn county,
Wucfc Ildflldl ldW ms not Dttu eSldDllSileb-
She said that the militiamen did not give
her time TO get her clothes before leaving
Trinidad. She had telegraphed President
John Mitchell, OF the United Mine Workers
of America, concerning the treatment she
received, and asked him to take the mat
ter before President Roosevelt. 1t is said
that Mitchell agreed 70 do so and that he
has already started for Washington for
that purpose.
William Wardjon. another of the deported
national organizers. will spend the imme-
date future in Fremont county, where he
will address various mass meetings OF
strikers.
Iltrovatore. the Italian paper, which was
suppressed at Trinidad by the military, will
be issued at Florence, in fremont county.
Major He'll has stationed a detail of sol
diers at union headquarters in Trinidad
and the union commissary has been prac-
ticaiiy closed The troops at union head
quarters occupied stations both within and
without the offices and no one except the
principal leaders are permitted about the
building. All conferences held by the Off
GERS of district No. 10 are attended by mill
tary representatives, of Major Hill and what
passes is promptly reported to the COM
handing officer.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-03-29
THE COURT RECORD.
SUPERIOR COURT.

Room John l.. McMaster Judge
Miller Chemical Engine Company VS.. Or
lando Packard ct al; on account. On trial
by court.
Room FLAMES NJ. feathers, Judge
Patience Motley VS.. c., c., c. & St. L.
Railway Company. Jury returns verdict
for plaintiff for $500.
Ora A. Woody VS.. c., c., c.. & st. l.
Railway Company; damages. On trial by
jury.
Room S-vinson Carter, Judge.
Leila White VS.. Ray White ct al: support
Dismissed. Judgment against plaintiff for
costs.
Samuel R. Stanley vs. Ida Stanley; di-
vorce. Dismissed. Judgment against plain
tiff, for costs.
Henry c. Thompson ct al vs. Henry
Kurz; account. Finding and judgment
against defendant for Sill and costs.
CIRCUIT COURT.
Henry Clay Allen, Judge
Louisa Smith VS. indianapolis Street-rail-
way Company. Submitted to jury. Evil
dence heard in part
In the matter of the petition of Eliza
Starkey for highway, jury returns verdict
for demonstrators.
NEW SUITS FILED.
Marshall F. Gardner VS.. Mary G.. Dorsey;
mechanics lien. Superior Court
Denis Harrington VS.. Agnes Harrington;
divorce. Superior Court.
Evan w. Phelps VS.. Amelia Phelps; di-
vorce. Superior Court.
Aquilla Il. Jones, administrators for the
estate of S. T.. Morss, VS.. Hartford Life
Insurance Company Superior Court
Emma d. Jeffries VS.. Lloyd Jeffries; di-
vorce. Superior Court.
State of Indiana ex rel. John Ruckels-
haus, prosecuting attorney for Nineteenth
district, VS.. Commercial Trust Company.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-03-29
HIGHER COURTS RECORD.
SUPREME COURT.
Minutes

Minutes
2O2S0. Connersville Natural Gas COMPANY
VS.. Joseph L. Moffett ct al. Fayette c. c.
Appellants brief (S)
2021S. p, c., G. az st. L. Railway Com
pany VS.. George W. Lightheiser. Cass c.
C. Appellants reply brief So
2024S. Board of Commissioners of Howard
county VS.. Milton Garrigus. Hamilton c.
G. Appellee'S additional authorities (S)
2029S. The Noblesvile Hydraulic Com
pany VS.. Adolphus l.. Evans ct al Boone
G. G.. Appellants brief 90
20274. Town of Longview VS.. City of
Charlottesville. Montgomery G. c. Ap-
pellees petition for additional time.
APPELLATE COURT.
Minutes
1917. State ex rel. Romus F. Stuart et
al VS.. Sterling r. Holt ct al. Marion C. c.
Appellants petition for rehearing and brief
81
1854 Same VS.. William II. Schmidt ct al
Marion c. c. Same minute as above
510S. Ida Nj. Garrigue ct al VS.. Jacob
Keller. Noble &C. c. Appellants brief (S)
1857. The Marion Gravel Company VS.
James ]. Pearson. Sullivan c. c. Appel
lant's answer TO motion to direct, etc.
New Suits
500. James M. Graham VS.. c., I. & l.
Railway Company. Harrison c.. c. Record
Assignment of errors. Notice to Floyd
county.
59Ol. New Hampshire Fire Insurance
Company VS.. Henry V Wall. Montgomery
c. c. Record. Assignment of errors In
term. Bond.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-03-29
TRAIN BLOCKADE IS
LIFTED IN NORTHWEST
First Transcontinental Train, After
Ninety Hours Delay, viii
Reach St. Paul.

ST. PAUL, Mimi, March 2S.-At mid
night tonight the Northern Pacific reached
ST. Par with the first of the delayed trans
continental! trains. These were the first
trains from Portland for four days.
The blockade which has existed for four
days in North Dakota and Montana was
lifted early to-day when a message say
ing that line had been cleared was re-
ceived in St. Paul Subsequently other mes
sages were received from other points along
the line in the storm district saying that
trains would be started. This closes one
of the most remarkable snow blockades of
recent years.
Coming at the close of March when
other parts OF the country are we'll adj
vanced toward spring the Northern Pa
cific. Great Northern and 500 lines were
tied up as tightly as they could have been
in January. one remarkable feature of
the blockade is that a comparatively
meagre amount of snow caused the trouble.
But as a railway official said, this snow fof
fifty miles around searched out the rail-
road cuts and refused to go farther. The
cuts were in some cases filled TO a depth
of eighteen feet while the surrounding
country in spots would be almost bare.
Six transcontinental trains, which had been
blocked in the snow district, were ready
TO start OF sun-up to-day.