davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-03-29
The Parson and the Dentist.

A clergyman went to have his teeth
fixed by a dentist When the work was
done the dentist declined to accept more
than a nominal fee. The parson. in re
turn for this favor. insisted later on the
dentist accepting a volume of the rever-
end gentlemen'S own writing. 1t was a
disqustion on the Psalms. and on the fly
leaf he had inscribed this appropriate
quotation:
And my mouth shall show forth thy
praise"-Harper'S Weekly.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-03-29
The Ferocious Equator.

William was considered the brightest
rected in class once or twice he knew it
quite well. Thus. while the other fellows
We're compelled to study hard he scarcely
found it necessary to open q book. At
the expiration of the term one of the
questions in the written geography test
was. what is the equator?"
William. always to be depended mpon
wrote without delay,
ming around the center of the earth"
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-03-29

Sorghum is a cane-like grass, with ti ~
stature and habit of broom corn. OF ~. NJ
the table varieties of Indian corn. o ors
more slender than the latter without enl
and of glaucous hue. Sorghum IS cu'hs
waited through Africa chiefly for w
sweet juices of the cane. In the UNIV nnv
States it has been employed for n,a';St
years to make strip, for which purpose r. r.
Is more or less grown In every state y
has also been the subject of much g.
pertinent In sugar-making.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-03-29

Stockings made from human hair are
worn by Chinese fishermen as the best
preventive of wet feet. They are
drawn over ordinary cotton stockings,
being too rough for putting near the
skin.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-03-29

Irving T. Hough of Sanford has re-
ceived a United States solid silver
medal for bravery in saving life from
the sea. The medal consists of an
eagles head from which is suspended
on a swivel a medallion, on the face
of which are the following words:
United States of America, Act of Con-
gress, June 90. 1874. On the other side
around the edge is: In testimony Of
heroic deeds in saving life from the
perls of the sea- And in the center.
to Trying T. Hough for gallant con-
duct in saving life, 1899, 1903
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-03-29

The owners have asked permit
to remove the bodies of those buried
on the Joseph Dresser property near
the Crescent Beach casino, Cape Eliz-
abeth, to some authorized cemetery
These graves and other scattering ones
on an adjoining lot, now a part Of
the Dalton property, are among the
oldest graves in this vicinity. On the
Dalton property is buried that Lydia
Carver of Freeport who was drowned
in 1906 while on a return trip from
Boston where she had been to purchase
her wedding outfit. She was in a
packet commanded by Capt. Adams
for whom Adams Head" was named
All on board were drowned and all OF
the bodies recovered are in this old
field, There are the graves of at least
two soldiers of the Revolution among
the number On the Dresser property
is the grave of the young Cuban boy
of whom the story is told that pet
doves, being liberated in Portland on
their young masters death. followed
his body to the burial place and utter
ing their plaintive cries and beating
the ground with their wings. finally
died there of hunger and thirst. the
neighbors being unable to induce them
to leave the spot.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-03-29

ESTABLISHED 1926

No notice whatever will b taken Of
unsigned communications.
The journal cannot be held response
BILE for the preservation or return OF
rejected communications.
Address all communications relating
to subscriptions and advertisements
to BURLEIGH & FLYNT. Publish
ers, Augusta. Maine.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-03-29

oend TINS advertisement. together with name Of
paper in which it appears, your address and four
cents to cover postage and we will send vo,, ,
Complete Handy Atlas ofthe WorId' :: ::
SCOTT 6 BOVINE. 400 Pearl Street. Nsy York
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-03-29

The wrecking of the Old Orchard
pior was the most disastrous result Of
the big storm. Poor Old orchard is
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-03-29

The political pot is always simmer
Calais where the two parties are lin
ing up in vigorous municipal cam
paign.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-03-29

The Maine Historical society Of Port
land has recently received valuable
additions to its collection. One of
these is the dress sword of Gen Henry
late Augustus c.. Fuller. A brass NOR
tar and peStle taken at LoufSburg,
Cape Breton, June 2S, 1745. in the ia
nous battle of Gen. Wolfe who later
became Immortality famous and met
his death in the taking of Quebec.
This is loaned by Josephine OBJ.
Campbell of Cherryfield. Other ex-
tremely valuable articles loaned the
association by the same lady are one
of the 40 muskets, or fusils, captured
from the British armed brig Margar-
eta in the first naval battle of the
Revolution, called the Lexington of
the Seas. Still another is one of the
40 cutlaSses captured from the same
vessel. The association has recently
come into possession of valuable Lin
coin relics, including a big oil paint
ing of the martyred President. G. F.
Morse of Portland has given the as
ISOLATION a large photograph of Lin
coins horse, taken at the time of the
Presidents death: picture of his
home at Springfield. ILL.,, taken at the
time of his funeral and another of the
state house at Springfield. on the day
OF the funeral. All OF these show the
buildings draped in mourning for the
martyred President.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-03-29

April 10Th will probably be the date
for the first trip Of the steamers on
the kenncbec division of the Eastern
Steamship Co., between Bath and Bos-
ton. The steamer Ransom B. Fuller,
it Is expected, will be assigned to the
route
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-03-29

1t is reported that an interesting in
cident occurred in a Bath church Sum-
day in connection with liberal contri-
button made the previous Sunday. The
denomination of the bill was of such
a size as to almost phase the officials
and the pastor made announcement
that if tie party who made the con-
trihntion had done it through mis-
take it would be corrected.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-03-29

There is on exhibition in window
in Saco the largest lobster that has
been landed in those parts for years,
if not ever The lobster measures 30
inches in total length and his body
proper is 90 inches long. Before boil
ing he weighed nine and one-fourth
pounds and boiled weighs seven
pounds. The lobster was caught by
John E. Lewis, Jr., off Straton's is
land in Saco bay, in one of his traps
Wednesday. The big fellow was the
only occupant of the trap and none
of the Holsters in the other traps near
by Were of greater than average size
He is the biggest catch of the kind
that Mr.. Lewis has ever landed. Claws
ana parts Of Holsters have been eX-
hibited before, which were said to be-
long TO Holsters which would weigh
more than this one. but the exhibit
is the largest of it's kind, exhibited
whole. that local people can seem to
remember about.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-14
LEGAL.

been an excavation made upon the right
OF way and barbed wire fence con-
the place dangerous to stock pasturing
upon the adjoining land such danger
lessee had actual knowledge, and stock
grazing upon the adjoining land were in
Jured on account of such nuisance, no
notice and request to abate the nuisance
is necessary to make the railroad COM
pany liable for the injuries received by
the stock.
2. Where a party takes a deposition
upon notice as provided by the statute
but does not file it in court, it is not error
for the court to refuse to order the deposit
ton to be brought into court where the
application for such order is made for
the first time during the progress of the
trial.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[Seal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-14
LEGAL.

IN effect denies the filing of such certifi-
cate and thereby puts the question OF
such increase in issue.
4. The fact that the statute provides
that the fee exacted when the capital
stock of a corporation doing business IN
this state is increased shall be paid at the
time the certificate of such increase is
filed with the secretary of state of Kan
which has effected a valid increase in its
capital, to defeat or postpone the right
of the state to exact such payment by
emitting to file such certificate.
All the Justices concurring. Porter, j..
concurring specially.
A true copy.
Attest: D. A VALENTINE,
[Seal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-14
LEGAL
No. Is, 173.
state of Kansas, Appellee,

allen Hansford. Appellant
Appeal from Shawnee County
AFFIRMED
Syllabus. BY the Court Graves :,
1. 1t Is not error to permit the state in
attorney In criminal Prosecution ia sfata
20 the jury Facts which tend to ESTABLISH
me quit or the defendant of the crime
charged because such facts tend to show
that he is also guilty of another and 1tlif.
ferent offense. oiA-
z 1t is not error to permit the state in
a criminal prosecution to produce testf-
mony which is relevant and material in
establishing the defendants guilt of the
crime charged because it also tends to
establish his guilt of another and differ.
, ent offense N uiiioi
3. Sexual intercourse with a female less
IMAM Is years of age constitutes rane as
defined by section 2016 Gen. Stat. Of 1eO1.
wiener 1t is accomplished by force or
4. In a prosecution for such a crime.
wnere the onense has been committed
with the consent of the female and under
promise of marriage and the informa-
ton charges that the defendant 'did then
lously make an assault in and upon one
Minnie Worrell and in the n1ar1rler and
Tor aforesaid committed the crime of
rape, the language of such information
importing the use of force and violence
is immaterial and surplusage and the
violence upon the trial will not constitute
fatal variance between the allegation
of the information and the proof
1t Is not error for the court to refuse
10 give an instruction requested when the
charge given covers the point mentioned
in the instruction requested.
All the Justices concurring.
A true cupy.
Attest: d. A VALENTINE,
LSeaLJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-14
No is 152.
No. $3.50.
William F. Ludwick. Appellant,

No 1b,15Z-
William F. Ludwick. Appellant,
Minnie NJ Dean, ct al, Appellees.
Appeal from Gray County
AFFIRMED.
Syllabus BY the Court. Smith, j..
l. A tax deed issued upon assignment
of tax sale certificate, which assign
ment is made by the county clerk pur-
Euant to an order of the board of county
commissioners for sum less than the
legal taxes. interest and penalties upon
the land, has 1.-The same force and effect
as if the full amount of taxes, interest and
penalties had been paid therefor" (Sec-
ton 1872, General Statutes of 1901 And
the recital in the tax deed of facts which
justify such assignment in lieu of the re-
cfta1s indicated in the form prescribed
by section 1915 in case of full payment Is
not substantial departure from such
FORM but is substantially in the pre-
scribed form, and the deed is prirna facie
evidence, as provided in section 1915, Cen
eral Statutes of 1901.
.. Such tax deed cannot in an action
commenced more than five years after the
recording thereof, and to which action the
statute of limitations is pleaded as a de-
Tense, be avoided by proof of facts not
appearing upon the face of the deed, ex-
cept in cases where the taxes have been
paid or the land redeemed as provided by
section 1880 General Statutes of 1901.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[SeaLJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-14
D. A. VALENTINE,
Clerk Supreme Court.
No. 16, 22S.
Frank NJ. Arnold, Appellant.

FRANK M. Arnold, Appellant,
VS..
The Atchison, Topeka and Santa Fe Rail-
way Company, Appellee.
Appeal from Clark County.
REVERSED.
Syllabus. By the Court. Johnston. e. ].
The passenger was sold a ticket by
railway company for which he paid full
fare and which was printed Zone con-
tinuous passage commencing within one
day from date on back hereof Madison
to Kansas City. Void unless officially
dated,' but the agent of the company by
prior to the purchase. The ticket was
accepted by the first conductor to whom
it was presented but the second conductor
observing the expired date. rejected the
ticket and the passenger declining to pay
another fare was compelled to leave the
train some distance from the station, when
he walked back, boarded another train,
paid an additional fare and completed
his journey The passenger brought an
action to recover damages for the loss and
tending to prove the recited facts. Held:
| That the ruling of the court sustaining a
demurrer to his evidence was erroneous; ;
that the errcr in perforating the ticket
was the fault of the railway company
| that the passenger having paid his fare,
| that he was entitled to damages for the
extra fare he was required to pay and any
actual loss arising from the refusal of the
| ride for which he had paid and from be-
| further, that he could not enhance his
damages by resisting the order of the con-
ductor to leave the train, nor because of
| the force used in ejecting him by his re-
| fusal to obey the order.
| All the Justices concurring.
| Attest: d. A. VALENTINE.
| ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-14
d. A. VALENTINE.
Clerk Supreme Court.
No. 1850.
Fannie M. Cooper, Appellant,


Susan Seaverns. Appellee
Appeal from Wallace County.
REVERSED.
SYLLABUS. BY the Court. Burch, J.
l: According to their usual popular and
natural Specification the words dirty
s slut, os spoken of a woman. do not of
2 In an action for Islander based on the
words referred to their meaning cannot
by the innuendo of the petition. If in
the light of the occasion and circum-
such meaning the extrinsic facts show
ing they Were defamatory should be plead
in The part 9f the petition
heard the SANDER that's going about the
four or five months after they were mar
ried; now what do you think of them?''
fairly mean the .woman's child was begot-
ten out of lawful wedlock and that she
had been guilty of a breach of chastity.
4 The rule of the common law that
male are not actionable without allegation
and proof of special damages took its rise
that country and is based upon reasons
which are not opposite under the legal
sympathy with the true spirit of the bill
of rights, lacks the sanction of Justice and
right and does not apply to the conditions
state.
S. Under the statute of 1868. which
governs the matter. the common law of
England remains in force in this state in
aid of the general statutes only So far as
1t is not modified by constitutional and
statutory law, judicial decisions and the
conditions and wants of the people.
s. 1t is a judicial question whether the
common law invoked in judicial proceed
ing has been modified by any of the
| means pointed out in the statute, and con-
sequentIy to what extent it remains in
| force in this state
Z. The rule of the common law referred
| to in paragraph is not a part of the law
| of this state and spoken words imputing
unchastity to a. female are actionable
| ages.
| All the Justices concurring.
| Attest: Z. A. VALENTINE,
| ISea1J Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-14
No. 6,211.
B. F. Heskett, Appellee.

The Border Queen Mill and Elevator Com
pany, Appellant.
Appeal from Sumner County,
AFFIRMED.
Syllabus. By the Court. Johnston c. j.
l. Parol proof can not be received to
enlarge, vary or contradict a complete
written contract but this rule is not APP
plicable to a brief memorandum which on
its face is obviously Incomplete. AS to
such a writing paro1 evidence may be re-
ceived not to contradict the writing but
to show the complete agreement of the
parties of which the writing is only a
part
2. The plaintiff pleaded in his petition
that oral contract made with defend
ant had been violated. In the answer de-
PENDANT alleged that the contract was in
writing and set up brief memorandum
The reply admitted the signing of the
memorandum but alleged that it was only
part of the contract and continuing sci
forth the remaining stipulations of the en-
tire contract which were not in writing
Held: That the facts set forth in the re-
ply did not constitute departure.
All the Justices concurrfng
A true copy.
Attest: D. A VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-14
D. A. VALENTINE,
Clerk Supreme Court
No. 1924.
o.. w. Shepherd ct al, Appellants,

Kansas City. Kansas ct al, Appellees.
Appeal from. Wyandotte County.
AFFIRMED.
Syllabus. By the Court. Smith, J.
l. A curative act of the legislature may
validate and legalize any act of the cor
porate authorities of municipality in the
state, provided only that the legislature
had the power under the constitution to
have authorized the municipal act in the
first instance.
The qualifying phrase land against the
property liable for assessment for such
improvement at the time of the making
thereon in section 49, chapter 122, Laws
of 1868 means the property which would
1--WE been liable for the special assess
ment had no infirn1ity existed therein or
in the steps leading thereto, which in
trinity this section was enacted to cure
by the terms thereof.
g. The judgment of the court of COM
mon pleas of Wyandotte county perpet-
ually enjoining the city of Kansas City,
Kansas from the collection of an assess
ment under q former ordinance is not res
adjudicata of the question here involved,
which is the validity of an assessment
under a different and subsequent ordi-
nance.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[Seal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-14
D. A. VALENTINE.
Clerk Supreme Court.
No. 1913.
Ally r. Colwell, Appellant,

c. w. Parker, H. r. Raver and j. A.
Darnaby. Appellees.
Appeal from Dickinson County
AFFIRMED.
Syllabus. BY the Court. Porter T.
l. In an action for negligence, where
the jury returned a general verdict for the
plaintiff and special findings including a
finding that defendant was negligent and
another finding that the direct cause of
the plaintiffs injury was the negligence of
another. from which it is apparent that the
negligence of the defendant was wholly
unrelated in its operation to the direct,
proximate cause of the injury, the defend
ant is entitled to judgment on the find
lngs notwithstanding the general verdict
where special questions are submit
ted to the jury under instructions that if
certain facts are found from the evidences
the defendant can not be held liable and
the jury find those facts but render judg-
ment against the defendant. and there is
no complaint that the instructions are
erroneous. the instructions will be regard
ed as the law of the case which the iurv
were bound to follow, and in such case If
Is the duty of the court to set aside the
general verdict and render judgment for
the defendant on the special findings
All the Justices concurrlng
A true copy.
Attest: d. A. VALENTINE
lSealI Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-14
st: D. A. VALENTINE,
IL Clerk Supreme Court.

No. 1922
J. A. Edison, Receiver Etc, Appellant,
VS..
The City of Olathe, Appellee.
Appeal from johnson County.
AFFIRMED.
Syllabus. By the Court. Burch, j.
A city is not liable in damages for the
repeal of street railway franchise ordi-
nance which does not engage the city in
any private proprietary capacity, nor for
the conduct of It's officers in publishing
and subsequently enforcing the repeating
ordinance
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(SeaD Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-14
No. sos.
James Needham, Appellee,

No. 16, 206
James Needham, Appellee,
Angel Matthewson, Appellant.
Appeal from Labette County.
REVERSED.
Syllabus. BY the Court Porter. ].
1. The effect of a discharge in bank
ruptcy is to extinguish pre-existing debt
and not merely to bar the remedy thereof.
2. The moral obligation to pay the for
mer Indebtedness is a sufficient consid-
Grafton for a new promise, but in order to
revive liability upon a claim discharged
in bankruptcy there must be an express
promise to pay the specific debt A prom
Use can not be implied from the fact of
part payment or other circumstances.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-14
No. 1910.

No. ,210.
Emma A. Parks, Appellee,
Charlotte Baker and Thomas c. Baker,
Appellants.
Appeal from Washington County.
REVERSED.
Syllabus. BY the Court. Benson, j.
l. Where one of the boundaries in the
description contained in deed of convey
ance is doubtful and ambiguous, paro EVIL
dence of the actual physical location OF
the boundary by the parties while the
negotiations for the conveyance were IN
progress, is competent to aid in the inter-
probation of the instrument.
2 The rule giving effect TO a parol
agreement establishing the boundary line
between adjoining tracts of land stated
in Steinhilber VS. Holmes, 6S Kan. 6O7, is
followed.
All the justices concurring.
A true copy. -
Attest: d. "A. VALENTINE.
TSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-12-14

No. 16,055.
Charles E. Gibson, Appellee,
VS..
James NJ. Reynolds, Appellant.
Appeal from Kiowa County.
REVERSED.
Syllabus By the Court. Graves. J.
Where a compromise tax deed has been
of record more than five years and it
appears upon the face of the deed that the
certificate was assigned by order of the
county commissioners July 5. 1897, for the
sum of 1870 and that the deed was exc
cuted on the 10th of the following January,
and the consideration stated in the deed
was $45.6S it will be assumed that the ex-
cess of consideration above the amount
of the assignment of the certificate was
occasioned by the payment Of the tax of
1897 which became due and payable after
the assignment of the certificate and be-
fore the execution of the deed.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeal.1 Clerk Supreme Court.