davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-17
John z. Eby Resigns.

John F. Eby has resigned the prin-
cipalship of the Oakland schools to as
sociate himself with Geo. E. Dougherty
in the business known as Dougherty's,
the Actual-Business Training School.
Mr.. Eby has had nine years experience
in the public school work, six years in
this county as principal of graded
schools, and has been a member of the
county teachers examining board dur
ing the past four years. He has also
taught in the commercial department
of the Y. M c. A night school during
the mast two wears
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-17
FUNSTON NOT A WITNESS.
Ex-Congressman VIII Not Take the
Stand in His Own Behalf.

lola, Kan, July 1.-THE trial of E. H.
Funston, former congressman. on
charge of disturbing the peace and
using infiammatory language recently
following the wrecking by dynamite OF
three saloons by a temperance fanatic,
was resumed today. The court room
was again crowded to its capacity. 1t
was said by his attorneys that Mr..
Funston probably would not take the
stand in his own behalf. The city att
torney presented additional witnesses
who told of the defendants alleged in
fiammatOry utteranceS.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-17
Jews Grateful to Hay.

Atlantic City, n. J.. July 1.-THE
Jewish Chautauqua held a special
memorial service Sunday for the late
Secretary of State John Hay. The
eulogy was delivered by Simon Wolf,
from New York. Resolutions express
ing the attitude of the Jewish race
for the work of Mr.. Hay in behalf of
the Jews were adopted. During the
conference meeting an address on
characterization of the Immigrant"
was delivered by DIR. David Phillipson
of Cincinnati
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-17

the war and turning her attention to
internal Improvement and the develop
ment of her industries will enhance the
prestige OF Russia more than a contin-
uation of the conflict until Japan is fin
ally overcome
M. Routkowski said he thought the
arrangement for a Russian loan proba-
bly, would be made in Paris prior to M.
Whites departure from that city.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-17
SENATOR CLARK RALLIES.
His Young Wife in Paris Hears of His
Condition by Cable.

New York. July 17.-United States
Senator William A. Clark of Montana
continues to rally satisfactorily from
the operation which he underwent for
the removal of an abscess of the brain.
The senator's young wife, who is in
Paris. was advised of the exact condi-
ton of the senator in a cablegraEn sent
by the senator's private secretary. 1t
was not then expected that any change
would be made in Mrs. Clarks plans
abroad or that she would leave before
next Friday.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-17

You wouldn't think of locating a theo-
logical seminary next door to the Hay
market or the Moulin Rouge. 1t is
just as bad judgment to locate life
insurance company on Wan street. Look
up our location.
National Life Insurance company of
Vermont = Mutual = Organized 1850.
Fifty-sixth year. doing business in AZ
states VIM. B. Henderson, general
manager. suite 45e Kemper building,
Kansas City, Mo. Both phones 459
Main; or e. w. Thompson, manager
Columbian building. Phone 1854 and.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-17
ALWAYS IN THE WAY.
secretary Shaw Discusses the Position
of the American Boy.

Lake Geneva. Wis., July 17-Leslie
M. Shaw. secretary of the treasury. has
delivered the address at the new $780,
600 Y. NJ. c. A. building here. Mr..
Shaw's remarks were directed to and
for the benefit of the American boy. He
said there were few places the boy was
wanted. He was always in the way.
Boys are showed out and there are
few open jOors for Them said Mr..
Shaw. II am often asked what boy
should do and my answer is to do any
thing, but be sure and do that thing
better than it is now being done. That
is the one great secret of success in
this Hfe.''
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-17
Poor Prospects for Appleiack.

Troy, Kan, July 17.-Although the
apple crop is considered d failure in
Doniphan county, yet there are a few
orchards that will produce about one
half a crop. Albert Perry. a pioneer
of this county. and a retired attorney
has an orchard of many acres located
about one mile east of Troy, of which
twenty-five acres will yield about a
half crOD.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-17
Main Thnro,,rinfnre

To Lewis and Clark Exposition, Port
land, Oregon, June to October Is, 1905,
via Union Pacific. This historical route,
traversing the heart of the great North
west with. its boundless resources, gives
you 200 miles along the matches Co.
lurnbia river and trip to Portland and
the Northwest without change and a
chance to visit Yellowstone Park. June
to September H. by side trip from
PocateIlo or Ogden through Monida.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-17

Chicago. July Market steady.
AT mark. cases included, 121zG131zc.
HEESE-Market firm. Dairy, 101zc;
twins, 93z61Oc; Young America, 101z G101ac.
POULTRY-A1ive poultry easy. Turkeys,
l40l5c; chickens, 121zc; springs, lac.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-17
Cotton Market

New York, July 17.-COTTON-Sales to-
day, 2.400 bales. Spot cotton closed quiet
and 20 points higher. Quotations per 100
gulf. S11O0.
Galveston, Tex, July r.-COTTON-
Market steady at 105sc per pound.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-17
Sugar and Coffee in New York.

New York, July f7.-SUGAR-Raw sugar
firm. Fair refining, 39sc; centrifugal, 96
test, &c; Tnolasses sugar, S1sc. Refined SUI
gar steady. Crushed, $500; powdered, $40;
graduated. $3.50.
CONGRATULATED steady. No. Rio.
Sic
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-17
New York Producc Market

New York. July 17-BUTTER-Marke
steady. Street price: Extra creamery. 2Osk
Gz1c- Official prices: Creamery. common
to extra, 17Q2015c; state dairy, common to
extra, 1920; renovated. common to ex-
ira, 14Q1Sc. western factory, common to
extra, 141kQ16lAc.
+ EGGS-Market firm. Westerns. 14a1sc.
POULTRY--Alive poultry quiet. West
ern spring chickens, lie; fowls, 141kc; tur-
keys 141zc. Dressed chickens firm. West
ern broilers, 16G1sc; fowls. 10a13c; turkeys,
13G17c.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-17

FURNISHED by ]. e. Gan, Commissions,
Grains Provisions. Cotton and Stocks.
Office ITO West Sixth street. Telephone
1856. Correspondent Christy Grain and
Stock Co.. Kansas City. MOI
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-17

ST. Louis, No, July 17.-WOOI-Aarke
steady. Territory and western mediums,
2Q3Oc; fine medium, 22Q26c; fine, 15q17c.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-17

Grain receipts at Chicago: Wheat. 80
cars; graded, "a. Corn, 215 cars; graded,
65. Oats. 123 cars: graded, 40.
Liverpool opening cables: Wheat I'M
changed; corn I'D lower.
Liverpool, 1:30 p M: Wheat I'd lower
to 1sd higher; corn 5sd lower
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-17
Chicago, July II.
ToW Close Sat

National Board of Trade, Kansas City.
rF,rnished by j. E. Gall, Commissions,
Grains Provisions, Cotton and Stocks.
Office ITO West Sixth street. Telephone
ass CORRESPONDENT Christy Grain and
Stock Co, Kansas City, Mol
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-17

FURNISHED by A M McDermott Commits
sion Co., Stocks. Grains. Provisions and
Investment Securities. Room Il. Column
bian buildinG.1
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-17
FURNISHED by City Hay Market AT oui
Toneka Hide Market.

Topeka. July H.
prices paid in Topeka this week, based
on Boston quotations:1
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-17

The Chicago Independent Market
FURNISHED by J. E. Gall, Commissions,
Grains Provisions. Cotton and Stocks.
Office Ito West Sixth street Teiepnonss
4S6. Correspondent Christy Gram ana
Stock Co., kansas City, Mol
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-17
Topeka MarkeG.

NEGETABIEA
FURNISHED by s.. Is I LIZ 20 Kansas Ave.I
oRANGES-valencia, N2s@450
LEMONS .00q5.oO.
BANANAS-S2 o063.O0-
alberta PEACHES-4-basket crate
CALIFORNIA PEARS-Per box, $50
CALIFORNIA PLUMS-Per crate, $3.50
CALIFORNIA PEACHEs-Per box. 81 90
a. 35.,,-,e, -
APPLFS-Per bu., S1.25
VEGETABLES.
NEW POTATOES-Per bu., &c.
CABBAGE-Per cwt.. s1.00.
CANTALOUPES-Per crate, 81 0Od2 % .
RADISHES-Per doz. punches, 1Oc.
TOM ATOES-4-basket crate SOC
SWEET CORN-Per doz., 1Oc.
GREEN ONIONS-Per doz. punches. 1sc
REETS-Per doz. punches, Csc
Wax BEANS-Per 1k-bu. basket Soc.
PEAS-Per 1a-bu- basket, 50c.
. ONJONS-Per bu. $1.o0.
NEW TURNIPS-Per doz. punches z5c
CJJCUMBERS-Per z-bu. basket, soc.
FULL CREAM CHEESE.
KANSAS Y. A, PIC per pound
REV York STATE tWhite), BIC lib.
BLOCK sW1SS7El5lse Per Ib
rJabbers' Prices-Furnished by Cone &
l'o's Co, 1874 Kansas Ave.I
POULTRY-Hens. 7c h.; springs, large.
&c, lb; broilers. 12c lb
ECC5S-Fresh 101zG11c-
COUNTRY BUTTER-1261sc per h.
HAY.
FURNISHED by City Hay Market AT Quin-
cy street,
PRAIRIE-Loose per ton -$7.00G8.o0
PRAIRIE-Baled 80. .-.-.........-- 700Qs.00
AIFALFA-Loose ...... .......... s.0OG11. 90
TIMOTHY -.-..- ...-....---...---.... 100000
CANE...-:..- - .-..-.--,-.--..---.. 5.5o46.00
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-13
THE NALL INVESTIGATION.
Directors of State Hospital Here and
Sessions Begin This Morning.

The investigation into matters con-
nected with the death of the patient
Nall at the State Hospital will begin
this morning at ten o'clock at the
State Hospital.
The majority of the Board of Direc-
tors reached the city yesterday after
noon and a viscit was paid the State
Hospital. The members of the COM
mittee are guests at the Marlborough
House and last night about ten O'Clock
returned from the State Hospital and
neld a short conference in a room at
the hotel.
1t had not been determined last
night whether or not the sessions of
the Board would be private or pub
lie, but some members of the Board
expressed the opinion that these
should be public, that the people OF
the State were deeply interested in the
matter being investigated and should
have all the information.
The members present last night
were: John d. Biggs, of Williamson,
chairman; Dr. r. H. Stancell, of Mar
garettsville; Mr.. S. 0. Middleton, Of
Huntsville; Dr. l.. J. Picot, of Little
ton; Dr. J. M. Parrot, of kinscton
Dr. J. Fl. Hunt, of Oxford and Mr..
John w. Thompson, of Raleigh. Dur
ing the night DR.. w. H. Whitehead,
of Rocky Mount and Mr.. Edward
Smith, of Goodwin were expected.
allied, ;cvuoshn--& gkq kqj kqJ kqJ
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-13
THE MANDAMUs APPLICATION.
..FOr Saloons Advocates Ask Hearing
Before Judge Justice on
TWcnty-Fifth.

The complaint in an application for
a mandamus against the Board OF
Aldermen of Raleigh. seeking to have
them call an election on the question
of open saloons, was filed yesterday
and summons in the natter We're is
sued on Mayor Johnson and the Alder
mon.
The mandamus is asked on COM
plant of j. M. Pace, w. S. Norris and
w. J. Ellington in behalf of them
selves and other petitioners, and the
bond is signed by these and by M. T..
Leach. The hearing in the case will
be before Judge Justice, on Monday,
September rs. at Char~berS here.
court opening on that day. William
B. Jones and Argo and Shaffer are at
torneys for the plaintiffs. The Board
of Aldermen will be represented by
able attorneys
The complaint sets out in detail all
the matters concerning the petition
For Saloons" and the action of the
Board. which refused to grant the
petition. holding that men a'ho could
not vote could not legally petition for
an election. claiming that the required
number of legal petitioners were rep
resented. and asking that the Board
of Aldermen be directed and ordered
to hold an election as sought.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-13
STRONGER THAN MEAT.
\ Judges Opinion of Grape-Nuts.

gentleman who has acquired Il
judicial turn of mind from experience
on the bench out in the Sunflower
State, writes carefully considered
opinion as to the value of Grape-Nuts
as food He says:
For the past five years Grape-Nuts
has been a prominent feature in our
bill Of fare.
nutty flavor has become an indiSpen-
sable necessity in my family's every
day life.
1t has proved to be most healthful
and beneficial, and has enabled US to
practically abolish pastry and pies
from our table, for the children pre-
fer Grape-Nuts and do not crave ricl,
and unWholesome food.
"GrapeNuts keeps us all in perfect
physical condition-as preventive of
disease it is beyond value. | have
been particularly impressed by the
beneficial effects of Grape Nuts when
used by ladies who are troubled with
face blemisheS. skin eruptions, etc. 1t
clears up the complexion wonderfully
'As TO its nutritive qualities my
experience is that one small dish of
Grape-Nuts is superior to a pound OF
meat for breakfast, which is an i'm
portant consideration for anyone. 1t
satisfies the appetite and strengthen
the power of resisting fatigue, while
its use involves none of the disa Fl ee
able consequences that sometimes fol-
low a meat breakfast" Name ri; IN
by Postum Co.. Battle Creek, Mich.
There's a reason.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-13
Police Justice Court.

The Police Justice had t~o cases TO
engage his attention yesterday.
Nick Chambers was arrested for
driving a springless wagon faster tfan
a walk on a paved street. He was
convicted and fined $4.35.
Lucy Farrow and Randall Johnson
were brought before the Police Justice
yesterday charged with disorderly
conduct There was not sufficient
evidence to convict, however. and they
were dismissed, Florence White, the
prosecutrix being taxed with the
costs. which was 1885. All concerned
were negroes.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-13

of Dewey and Providence in the effort
to escape from justice.
Mr.. Clark also took occasion t.
strongly attack the recent decision OF
the court in the case of c. G. Melon
aid, convicted i'll Wake Superior Court
of converting funds of a benefit in
Surance company, lin which the court
had laid down the doctrine that un-
der section 1914 of The Code the in
tent was that there could be no con-
viction of embezzlement unless the
evidence was such as to satisfy the
jury beyond a reasonable doubt o.
fraudulent intent at the time of the
conversion. At the time of rendering
that decision, declared Mr.. Clark, the
court must have been inadvertent to
an amendment to The Code section
passed by a subsequent Legislature, IL
which the crime of embezzlement was
changed to be the fraudulent or know.
ing or wilful intent.
AS to the letter of Dewey, Mr..
Clark stated that all the counsel fol
the defendant had been able to say
about it was to compare it with the
case of Sterne's "Uncle Toby" who in
an unCuarded moment let slip an oath
which so grieved the Recording Ange.
that in transcribing the sin, his tears
fell upon the page and washed away
the charge.
In brief the argument was on the
part of the defense a plea for tho
strict enforcement of the statute max
ing it mandatory on a judge 20 tran
scribe his charged when requested; Oh
the part of the State, the contention
that the written charge as given was
sufficient and that the oral instructions
had been cured by the written ones
AMI, in addition, that the guilt IF de-
PENDANT had been so conclusively
shown that the court should not con-
slider the exceptions. even if technical
ly sustained, of sufficient Importance
to justify new trial.
The Peeping Tom Case.
The case of State VS.. Davis, previ-
ouSly reported, in which an indictment
was sent for eaves-dropping, was ar
gued by the Attorney General and
Harry Skinner, Esq. The Attorney
General stated that since the indict-
ment did not allege that the CONVEX
satlon overhead had been repeated III
the community, he did not think thai
it would lie for the charge of caves
dropping as recognized by the Com
mon Law, but that it might be good
to hold the defendant on charge OF
disorderly conduct.
Mr.. Skinner, for the defendant, took
the ground that the indictment die
not charge any offenSe ana Indt tnt
acts complained of did not constitute
disorderly conduct.
The State was the appellant in thi;
case, the indictment having beer
quashed on motion of defendant IL
the lower court.
Carraway v Lassiter was argued by
G.. M. Lindsay. A. d. Ward and Shep
herd & Shepherd for plaintiff Gallo
way 4 Albritton and Davis & Blow
for defendant.
Fourth District Appeals.
Appeals from the Fourth Districi
will be called next Tuesday, Septem-
Der 10Th. in the following order:
State V. Horton.
State v. Daniel.
State v. Telfair.
Gotten v. Bradley.
Hughes v Warehouse Co.
Peacock v. Barnes.
Sherrod V. ms. Co.
Bum V. Braswell.
Marlborough V. Hughes.
HENDRIX v. Strickland.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-13

vested and the qualifying clause was
not in restraint of alienation, but a
condition precedent.
2. That the words of conveyance to
Thomas J. Pitchford for life, and
after his decease, to his heirs QawfuD
forever" conveyed an estate in fee un-
der the rule in Shelly's case.
State Board of Education ct al. APP
pellants, v. NJ. Makely. No Error.
Walker, j.
Suit to Vacate grant from State to
defendant upon ground that land was
swamp land vested in plaintiff and not
the subject of entry and grant. There
was judgment for the defendant and
plaintiff appealed.
/. Whether or not in a case where
plaintiff claims under an act giving it
swamp land vested in plaintiff and not
PENDANT to question a witness as to
the topography of adjoining lands, the
admission of such a question is harm
less when the answer thereto is in
favor of plaintiff rather than defend
ant.
2. Plaintiffs claiming the land as
swamp lands necessarily vest their
claim to title on the character of the
realty involved, and are therefore the
actors alleging the affirmative of the
issue to be the truth of the matter
Hence, in an action not for the re-
covery of realty but for the purpose
of removing cloud upon title, the
charge that the jury must be satisfied
from the greater weight of the evil
dence that the land described in the
is swamp land" was
proper.
8. A refusal to give an instruction
to the jury that if they believed the
evidence they should answer an issue
yes is error only in case of no con-
hict in the testimony. In case of such
instruction asked, the adverse party
is entitled to have the evidence con-
sidered most strongly in his favor and
all facts which it reasonably tends to
prove for him must be considered as
established, and any part of the evil
dence which tends to disprove the
plaintiffs contention must be taken
as true, as in case of demurrer to
evidence or motion to nOn-suit.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-13

G. Hughes ct al. Affirmed. Walk
er. j. ..-
In a trial in the Superior Court
plaintiff appealed after judgment
against him and his appeal was sus-
tanned and the cause remanded. on
a second trial there was again a
judgment for the defendant and plain
tiff was taxed with all the costs in the
litigation with the exception of those
incurred in the prosecution of his APP
peal. From the taxing of the costs of
the first trial the plaintiff appealed;
Held, That Code section 525 govern
ing the recovery of costs by the plain
tiff is based on the condition prece-
dent that he recover in the action.
Such recovery refers to the final de
termination upon the, merits and
mere successful prosecution of an APP
peal for new trial is not equivalent to
recovery in the lower court the
question of costs in such case being
left open for determination by the re-
suit of the final trial of the case.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-13
W. NJ. Jennings ct al V. w. III. White,
Appellant. Error. Clark, c. j.


Where in the trial of an action for
the possession of land, it appears that
a deed under which plaintiff claims
calls both for a certain distance and
to a well-known line; Held, That the
last part of the call will control on
the principle that where the call is
for certain distance to natural OBJ
iect or known and fixed line of an
other tract the distance will be diSre-
garded and the natural object or line
control. In such case the Court should
instruct the jury as matter of law
what the boundaries are leaving to
them the question where they are, and
the omission of the Court to give the
jury any guide by which they could
be governed in answering the question
whether or not the deed covered the
land in dispute was error.
l.. Wilkins ct al. Appellants, V. Anna
Norman. Affirmed. COnnor, j.
Where in a deed with the usual
words of conveyance clause after the
warranty is inserted seeking to limit
the estate to the life of the grantee
and his wife and the survivor and to
give the fee which had already been
granted to the plaintiffs by way of re-
mainder, such attempted limitation is
repugnant to the premises, which
control.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-13
She Wont BE a BlOtter.

(Puck.)
Edith--Why did you refuse him?
Ethel-He has a past.
Edith-But he can blot it out.
Ethel-Perhaps but he can't use
me for q blOtter.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-13
DiSnenSary Matter.

The hearing in the matter of the
charges against the Dispensary viii
begin this afternoon at four o'clock.
in the office of the Mayor.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-13
State VS.. W. J. Archbell, Appellant. No
Error. Brown, Jr.

Defendant was indicted for an as
sault on his wife with a deadly weap-
on, was convicted and appealed.
/. The court cannot consider the
question of prejudice to defendant
through violent and unWarranted Ian
guage of the solicitor when no eHcep-
ton was taken at the time and no re-
quest made of the judge to interfere
and correct the effect of the alleged
unWarranted denunciation.
2. Where the weapon used by a
very strong, large and robust man.
on a very frail and weak woman" was
a large leather strap, part of a buggy
trace two and a half feet long, the
question of the deadly character of the
weapon was properly left to the jury
to decide, the deadly character of the
weapon depending sometimes more
upon the manner of it's use and the
condition of the person assaulted than
upon the intrinsic character of the
weapon itself.