davidaulloa/AmericanStories huggingface dataset:
The Bridgeport evening farmer., 1910-10-15
WOMAN FINDS NEW STAR
Mrs. Fleming of Harvard Dis covers Newcomer n21 Plates Recently Made

Cambridge, Mass, Oct. 15.-Mrs. Fleming, the woman astronomer at the Harvard College observatory, has dis covered another new star, making thir- teen that have been picked out by the three women observers who have been connected with the institution in the last twenty-five years, in which time only sixteen new stars have been found.
 Mrs. Fleming found the star on each of twenty-one photographs during the spring and early summer. Its approx innate position is right ascension 16 hours 31 minutes. seconds, declina- tion, 52 hours, 10 minutes, 6 seconds and is in the constellation Ara. The star does not appear in photographs taken during the twenty years prior to March Of this year.
The Bridgeport evening farmer., 1910-10-15
Tuesday.

Tuesday,
 9:00 a. m., Second session of young peoples organization.
 1O:OO a. m., eighty-seventh annual meeting of the Connecticut. Baptist convention.
 1:3o to 2:3O p. m., meeting of the Women's Baptist Foreign Missionary society of Conn
 2.30 D. n1., second session of con- vention.
 3:45 p. m., discussion and adoption of the reports of the board. 4:30 p. n., reports from North ern conventions, and business session. 5:15 p. m., adjournment. ZOO p. m., third session of conven- ton.
 Wednesday. 9:00 a. m., devotional service, con- vention meeting, election of officers and unfinished business.
 1:3O to 2:30 p. n1., session of Con necticut Branch of Woman's Ameri- can Baptist Home Mission Society. 2:3O p. m., closing session of the convention.
 4:OO p. m., closing hour. 6:30 p. m., Baptist Social Union of Connecticut, annu albanquet at The Stratfield.
The Bridgeport evening farmer., 1910-10-15
No One to Blame for
 Stamford Boys Death

Coroner Clifford B. Wilson has fin ished his investigation into the death of Max Gilden a seven year old Stam- ford boy who was killed by a troll ley car in Stamford on Thursday.
 The coroner finds that the boy was in company with a number of other children who were running across the street in front of the approaching car. The Gilden youth stumbled and fell, and was run over despite the utmost efforts of the motornlan Lawrence P Dunne, Jr., to stop the car. The cor oner finds that the affair was purely accidental and no one is held to blame.
The Bridgeport evening farmer., 1910-10-15
E. H. DILLON & co. !1es Main S! sNIafnst Harrord RueS St. CccIe.
 LEADING NILIINERs
11O5 Main St.

THE ADVANTAGE OF BUYING MILLINERY Here shapes in Untrmmed Hats priced with the customary E. H. Dillon 6 Go. moderation. We have collection of untr4mmed shapes in Felt Velvet and Satin Covered effects which cannot be duplicated in this city, the prices instance of acles 1oWness. Beaver the scarcest article millinery trade today and the most popular We have exceptionally large stock of these goods and retail ing them at less than wholesale prices
 Fine quality Black Beaver Hats $269; value $4O0 Fine quality White Beaver Hats, $374 value $500 can do
  quantities think of
 E.. Fl. DILLON & CO.
The Bridgeport evening farmer., 1910-10-15

tired of it for years and who until this year have seen no concerted action to end it. It is for such voters to come together politically and end 1t.
 JOHN M. DORMAN.
The Bridgeport evening farmer., 1910-10-15

DAUGHTERS OF NEW HAMPSHIRE
 Mrs. J. F. Simpson of 1889 Noble avenue left Bridgeport to-day for Bos- ton to attend a meeting of the Daugh- ters of New Hampshire in that city. She is the chairman of the program committee of the. association.
The Bridgeport evening farmer., 1910-10-15
Youth Loses Foot In
 Leaping from Freight

Leaping from a freight on which he was stealing a ride, into the path of another freight, George Gabrielle, IS, of 118 Willard street, was crippled for life in the West End yesterday. His left foot was badly crushed. Physi- clans at St. Vincent's hope to save the member. but fear amputation may be necessary.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15

ness. the defendant should have been per-
mitted before going to trial to inspect the
coronerss inquest where it appeared that
it contained evidence material to his de-
the testimony had been fied as the law
requires in the office of the county clerk,
and it appearing that the original trans
session or under the control of the county
attorney.
4. In the trial of a criminal action.
where the defendant was charged with
murder, the prosecuting attorney in his
Hlosng to the jury Used sb this
that man leaning against that building de-
hberately and with malice" The state
that the jury be Instructed to disregard
it. The objection and the motion were
3SsrrnileH Held that the ot rql III wals
as prejudicial where it sufficiently ap-
peared that the opinion was drawn from
ment of belief based upon something
outside of the evidence.
5. In the same case the prosecuting at
torney in his closing argument to the jury
used the language: Albert Hinkley had
undoubtedly been black sheep in some
family. He had been wanderer on the
face of the earth 1t may be that his aunt
invited him to come to Alton in hopes
good citizen.' A request for an instruc-
t1on that the jury disregard the offensive
language was denied. Held, under the cir
cumstanceS of this case, not prejudicial-
Where claim of error is based upon
abusive language of the prosecuting at
torney in his closing argument, the true
test is whether or not the language OBJ
jected to was so improper as to prejudice
the jury against the accused and deprive
him of fair trial.
6. In the argument of a criminal case It
is proper for the prosecuting attorney TO
comment upon or discuss differences which
may be drawn from the evidence; if these
differences are illogical or erroneous the
presumption is that the jury are not in
fluenced by them; and where extravagant
or exaggerated statements are made or
some portion of the evidence stated err
roneously a new trial will not be granted
unless it appear that the accused was
prejudiced thereby.
ant was charged with murder and admit
ted the killing but pleaded self-defense,
counsel for the state in the closing argu-
ment used this language: IF he thought
he was in danger. he might and should
have avoided it by stepping back" An
objection to this statement and motion
it were overrufed, the court at the time
stating that as legal proposition the de-
PENDANT was not compelled to flee. but the
court supposed the counsel was simply
conduct of the defendant should have
been under the circumstances, and not
what he thought his duty under the law:
the state agreed. Held, in view of the
written instructions expressly stating that
the defendant was under no obligation 10
saulting him in such manner that he
reasonably believed himself in danger of
great bodily harm, the refusal to sustain
the objection and instruct the jury to dis
regard the misstatement of law made by
counsel was not prejudiced error.
Johnston, C. j., Buch, J., Mason, J., and
Smith, J. dissenting.
| Attest: d. A. VALENTINE.
! [Seal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
No. 49, 42.
NJ. ]. Cunningham, Appellee,


NJ. ]. Cunningham, Appellee,
L. D. Stockton, ct al, Executors, ETC.,
Appellants.
Appeal from the District Court of Wyan.
dotte County.
AFFIRMED.
Syllabus. BY the Court. Johnston, c. ].
In a lease contract owner undertook
to erect building and let it to a tenant
able monthly, the tenant to make an adj
vance payment of $4,000 to be applied
on the fifth years rent The advance
payment was made, the building erected
and it was occupied by the tenant far
some time who paid the &C cruing reuals.
Before two years of the term had eX-
pired default was made in the payment
of rent and because of the l0npayment
of rent the landlord took possession of
the premises and also of property be-
longing to the tenant and relet the prem
Uses at reduced rent The tenant
brought an action to recover the deposit
advanced and the landlord claimed that
it was part performance of violated
contract and that he was therefore en-
titled to retain it. Held: That che deposit
could not, under the circumstances. be
regarded as liQuidated damages and that
when the landlord elected to dispossess
ended the obligation of the tenant under
it for the remainder of the term and was
not entitled to retain the deposit except
SO much of it as was necessary TO Fay
the rentals which had accrued when pos.
session was taken.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
TSeal1 Clerk Supreme. Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
No. Is, 1856.
Della Isnard, Appellee,

OSlld 1SndrQ, Appellee,
vs.
Edgar Zinc Company, a corporation, APP.
Appeal from H RH5lant; County.
AFFIRMED.
Where instructions are given to a
Jury In numerous paragraphs involving
tons the foilo wd0s OF f9ce each and
the jury. adverse to the Defendants end i and
to each and every part thereof and to
the instructions as whole, the defend
cepts"; Held that this exception amounts lno
only to general exception, and is insult
hcient to challenge the attention to any
bring to the Consideration of this court
any separate paragraph, and will not
avail as an exception unless the whole
IN Its general scope or meaning is errone-
Gus.
2 Where the owner of a building con-
tracts with another to make therein con-
densers and thing at stipulated price per
hundred for the condensers made and
stipulated price per hundred pounds for
budng the fne t furnish o the
and all material for the making of sucri
articles, which are to be made according
to the specifications of the owner; the
and employ such assistants as he may
need, to be paid by him out of such gross
price, but who has no control over the
building or place where the work is to be
done; Held that the owner is responsible
to the next of kin If the building is blown
up and the life of the contractor is lost
through the negligence of the owner, and
this whether the deceased be regarded as
having been an independent contractor or
an employee. of the owner.
All the Justices concurring.
A true COPY.
Attest: D. A. VALENTINE.
lSeaLI Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
LEGAL.

without demand for the retur.l of the
property.
g. The plaintiff in replevin having ex-
cepted to the sureties on r..delivery
bond which the sheriff had accented and
approved, the sureties appeared before
fled, and the clerk marked the bond ap-
proved and filed it.. Afterwards. and on
sheriff that he did not desire to retake
the property and demanded that the bond
be withdrawn which. the sheriff refused.
in a Judgment for the plaintiff. In an
action against the. sureties on the bond,
held, that their liability became fixed
when the bond was accepted ami ap-
proved by the sheriff, and neither .he fact
that the plaintiff excepted to the sureties
nor the defendants demand hat the bond
be withdrawn relieved them from labiis
ity.
All the Justices concurrtng.
A true copy.
Attest: d. A. VALENTINE
TSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
D. A. VALENTINE,
Clerk Supreme Court.

No. 1887.
Charles e. Gibson, and Albert E. King.
Appellants,
John V Cockrum, as a member of the
late firm of E. E. Cockrum &, Son, Rich
ard I. Cockrum, Dora E. Cockrun, his
wife, and John V. Cockrum, Appellees.
Appeal from Stanton County.
AFFIRMED.
Syllabus. By the Court. Porter. J.
/. A compromise tax deed more than
five years old is not void on its face be-
cause 1t recites that the county COM
promised the delinquent taxes for certain
years leaving delinquent taxes for subse-
Quent years not compromised, where such
deed further recites that the delinquent
taxes for the subsequent years were paid
bv the purchaser.
2 In compromising taxes the county
board may include in the compromise all
delinquent taxes which are lien on the
premises at the time the compromise is
ordered, or 1T may compromise the de-
1i11quent taxes for certain years on COM
dition that the purchaser pay the delin-
quent taxes in fun for. the other years;
and where the facts are like those re-
ferred to in the preceding paragraph it
will be presumed that the purchaser was
required to pay the delinquent taxes for
the other years as condition to making
the order, and that they were paid at the
time the certificate issued.
8. A tax deed more than five years old
names the grantee as &c. E. Cockrum &
Son."
All the Justices concurrIng.
A true copy.
Attest: D. A. VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
No. 1922.
he State of Kansas, Appellee,

No. 16,2S2.
The State of Kansas, Appellee,
The United States Fidelity and Guaranty
Company, a corporation, Appellant.
Appeal from Shawnee County.
AFFIRMED.
Syllabus. By the Court. Johnston. c. j;
Statutes Of 1901 the failure of bonding
company to pay a. Judgment rendered
against it. from which no appeal is taken aiken
of the right of the company to do business
under the act but does not preclude the
taking of an appeal after the prescribed
z. In pursuance of Chapter IL Laws of
1891 a bank was designated by the state
of drafts. checks and certificates of de-
post that might come into the state
treasurer's hands on account OF any
signed by the appellant as surety, recit-
ing it's designation a depository for the
condition that it would promptly collect
all drafts, checks and certificates of de-
post that may be delivered to 1t by the
keep the proceeds of all such collections
and promptly pay the same on the treas
made mad Default and and failed allied to pay upon the
orders of the state treasurer: Held: That
the surety of the defaulting bank is
bond including the recital that the bank
was duly designated and that the drafts,
checks and certificates mentioned in the
and that it undertook to collect all drafts,
checks and certificates delivered to 1t
arising from any claims due the state ana
the depository act is valid.
3. The surety on the bond of the depost-
tory bank will not be heard to say that
there was an illegal agreement between
the bank and the treasurer that state
funds should remain in and be used by
the bank for long periods of time after
collections were made, nor will any i'm
proper action of the bank in keeping the
accounts of the state, or In handling the
deposits lessen the liability of the surety.
T. The bond in question, If not in strict
compliance with the statue, has all the
elements and binding force of common
law obligation and the bank having by
means of the bond secured possession OF
the state funds. neither 1t nor the surety
can escape liability for non-performance
of the conditions of the bond.
g. In running accounts where there are
items of debit and credit and there has
been no appropriation of payments by the
parties the ordinary rule is that the first
debit items are extinguished by the first
credit items but that is subject to the
other rule that where a debtor owes debts
some secured and others unsecured and
neither debtor or creditor has directed the
application the law will apply the pay
ments on the unsecured debts.
6. The fact that the court gave the jury
an incorrect rule for the computation of
such rule operated to the benefit of APP
pellant and necessarily mace the award
of the Jury less than it would have been
| under the correct rule.
All the Justices concurrlng.
\ lrue copy.
| Attest: D. A VALENTINE.
[SeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
LEGAL.

the same general offense, and subject to
the same measure and kind of punish
ment, indictable separately and as dis
tinct crimes, when each shall have been
committed by different persons and at diff
by the same person and at the same time
be coupled in one count as constituting all
together one offense only. In such cases,
the offender may be informed against as
for one combined act in violation of the
statute and proof of either of the acts
mentioned in the statute and set forth in
the information will sustain a conviction"
state v. Schweiter, q Kan. 499
All the justices concurring.
A true copy.
Attest: D. A VALENTINE
lSeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
LEGAL.


a south of range 81 west. The defendant
was summonded by publication. In the
AFFIDAVIT and published notice the land
was enormously described as the south
west quarter of section "a in township 81
OF range 81 west. The defendant did not
appear. A decree was entered as prayed
for. More than three years afterward a
purchaser from the defendant filed a mo-
ton to vacate and set aside the judgment
as void. The sole ground of the motion
was the said errors in the description of
the land. The motion was sustained
Al the Justices concurring.
Attest: D. A. VALENTINE.
tSeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
D. A. VALENTINE,
Clerk Supreme Court
No. 1929
The Electric Plaster Company, Ap-
pellant,

No. 1923
The Electric Plaster Company, Ap-
pellant,
Blue Rapids City Township, Appellee.
Appeal from Marshall County.
AFFIRMED.
syllabus. By the Court Porter J.
1. False swearing or perjury alone is
not ground for Vacating Judgment I'M
der the provisions of section $40, Code
of Civil Procedure.
- 2. The fraud which will authorize
court to yacate judgment in an &C
ton $50, Code of Civil Procedure, must
be eXtrinsic or collateral to the matter
involved in the former action and suffi
cient to justify the conclusion that but
for such fraud the result would have
been different
8. In an action to vacate q Judgment
Tor fraud of the successful party a petit
ton fails to state a cause of action where
it relies solely upon the ground that the
judgment was obtained upon false or per-
jured testimony and shows that the
issue to which the alleged false testimony
relates was raised by the pleadings
and was tried out upon a conflict of tes-
timony the truth or falsity of which was
necessarily determined in the former
action.
4. While the common law writ audita
quereIa has become obsolete, the remedy
still exists in a proper case, either by
motion or petition under sections 56S and
$40. Code of Civil Procedure.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(SeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15

No. 16 319.
John Allison, Appellee,
VS..
Harvey Stivers, Appellant
Appeal from NeoSho County.
AFFIRMED.
Syllabus. By the Court. Burch, j.
The principles that master must fur
nish his employee reasonably safe instru-
mentalities with which to work, that the
employee may assume the duty has
been discharged and that opportunity to
observe does not of necessity charge the
employee with knowledge of defects and
danger, applied in case in which mas
ter required a carpenter to discard a
ladder of his own choice and to use a
defective scaffold built by brick masons
who had previously been engaged in
work on the same building.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[Seall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
No. 1851.
w. S. Dotson, Appellee,

The Atchison, Topeka & Santa Fe Rail-
way Company, Appellant
Appeal from Harvey County.
REVERSED.
Syllabus. BY the Court. Johnston. C. ].
/. The possession of a grantor of land
after conveyance is not considered to be
adverse to his grantee in whom he has
vested entire title to the premises and
cannot be SO regarded until the grantor
explicitlv renounces the title of the
grantee or positively asserts a claim of
title in himself which is brought to the
attention of the grantee.
9 Where a railroad company builds
a spur track on land owned by 1t and
afterwards sells the land on which the
track is built without reserving the
right-of-way and then continues to use
and operate the track for a great many
Naers for ita own convenience, as well
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
No. 1928
The Missouri Pacific Railway Company,
Appellant,
Albert Irwin, Appellee.
Appeal from Rush County.

Albert Irwin, Appellee.
Appeal from Rush County.
AFFIRM ED.
Syllabus. BY the Court Graves J.
l. 1t is not negligence per Sc to get
on or off of a moving train; but whether
IT is negligent or not is question of
fact and proper for the determination of
jury.
2 1t is the duty of railroad company
to keep its depot platforms reasonably
safe and free from obstacles upon which
passengers are liable to be injured
g. 1t is negligent to leave an express
truck upon an unlighted depot platform
after night and within five inches of a
passing passenger train
4. A railroad company cannot avoid
its liability to passengers on account of
dangerous obstacles upon its depot plat
form on the ground that such obstacles
were placed thereon by an express COM
pany which was permitted to occupy and
use such platform for its own purposes.
s. An instruction which was requested
by the defendant and refused by the
court examined and held to have been
properly rejected
6. An instruction given by the court
examined and held not error.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
LEGAL.

No. 1888.
h Union Portland Cement Company
Appellant,
VS..
s. E. SpilIman, Appellee.
Appeal from Allen County
AFFIRMED.
syllabus BY the Court. Graves. !.
Where a petition states more than one one
cause of action in the same count, the
court should ION proper application re
quire them to be separately stated. II
the court refuses to do SO. however such
refusal will not constitute error SUM-
Gent TO compel a reversal when II ap-
pears from the whole record tnat tne
substantial rights of the complaining
party have not been prejudiced thereby.
ALI the Justices concurring.
A true copy. -
Attest: D. A VALENTINE,
ISeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15


as for the benefit of the public, with the
knowledge and acquiescence of the own
er such owner cannot maintain an action
OF ejecrment to evict the railroad COM
pany from the premises.
3. Whether the use of a spur of rail-
road is public is not determined by Its
length, nor the number of industries it
may serve~ If 1t is a part of a railroad
system which the public may use on
equal terms as of right and is subject
to government regulation 1t is public
use whether few or many are accommo-
dated by it's operation.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
No. 16, 45S.

No. 6,45S.
The State of Kansas, Appellee,
VS..
Peter Sanders and Joseph Terry, Appel
lantS.
Appeal from Ellis County.
AFFIRMED.
Syllabus By the Court Johnston, c.. ].
A dugout or cave thirteen feet long, ten
feet wide and seven feet deep, mostly
below the surface of the ground, covered
with a roof and entered through a door
made of lumber securely fastened, to
the structure, and used for the
storage and preservation of vic
tuals. vegetables and the like, is build
ing within the meaning of section 1O7 Of
the crimes act which prohibits and pun
ishes every person who shall willfully.
unlawfully and maliciously break, destroy
or injure the door or window of any
dwelling house, shop, store or other house
or building, being the property of an
other
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[Seal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15

No. .34S.
The First State Bank, Appellee,
G. H Martin, ct al, Appellants.
Appeal from Graham County
AFFIRMED.
Syllabus BY the Court Porter, ].
l. The sureties on redelivery bond in
repIevin are estopped to claim that the
defendant did not have the property i'll
his possession and are bound oy the Iu6g-
ment in the replevin action.
2 An action against the sureties on
a redeliyery bond in replevin may be main
tanned without the issuance OF an execu-
ton on the Judgment in replevin, and