davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14

VS..
John Falkenberg, Appellant.
Appeal from Sumner Count.
AFFIRMED.
Syllabus. BY the Court. Porter. j.
l. Where chattel mortgage is intend
ed by the parties thereto to run to the
administrator of a deceased person but
by mistake the grantee is described us
the deceased person, the instrument may
be corrected and reformed in the same
action in which 1t is sought to be en-
forced.
2. In an action brought to reform a
chattel mortgage and to enforce the same
by a judgment against third party for
the proceeds of the sale Of property IN
Guided, in the mortgage, the makers of the
instrument proper parties Defendant
8. In such an action where the mort
gagors enter their appearance and hle
written consent that the mortgage may
be reformed but take no part in the
other proceedings in the case, they are
not necessary parties to an appeal IN this
court by the defendant against whom
judgment for the Value Oh the property IL
rendered. -.
A. BY the provisions of chapter 15S Of
the session laws of 1908 foreign corpora
ton holding a mortgage on real or per-
sonal property in this state may MAINTAIN
an action to enforce the same without
being authorized to engage IN business
within the state.
3 A witness is not incompetent under
section $40 of the old code Csec az OF the
party is the assignee of the admins
traitor of an estate.
All the Justices concurring.
A+test. D. A. VALENTINE,
fSeai1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14

The drawing today shows a smart
little street suit of Kings blue
Zibeline. The coat has rather a high
waist line and a slight cut-away effect.
1t has a wide collar of the cloth heav-
lily embroidered in self-tone with re
vers" of deep ecru lace. The band
at the waist and also bordering the
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
Baton Doesn't Want Job.

To the Editor of the State Journal:
The rumor that in the event of the
election of one of the Republican can
didates for sheriff l would be appoint
ed undersheriff is absolutely without
foundation. / am in the real estate
and insurance business and do not de-
sire an appointment as deputy, and
would not accept if the. same were
proffered me.
r. W. EATON.
Topeka, Kan, June IA. 1910.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
printers, union Is Hard Hit.

Montreal, June 1.-THE Typograph-
zeal union reports the loss of 13 mem
bers including the president, by death,
In the Herald fire.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
No. 16, 437.
E. H. Himmelwright, Appellant,

Hattie NJ Baker. Appellee.
Appeal from Sedgwick County.
AFFIRMED.
Syllabus BY the Court. Benson, J.
/. A person injured upon street cross
ing by an automobile, who sees 1t ap-
proacfing him at a distance of ten or fif-
teen feet and who has frequently OBJ
served the passage of automobiles and
other vehicles and ridden in them, and
made observations of their rate Of speed
NAV give his opinion of the speed of the
ear at the time of the collision
,. In view of the explicit. findings of the
iurv that the plaintiffs failure to exercise
due care for his own. safety and that the
defendant was not negligent, and all the
circumstances proven, it is held that the
error in excluding the testimony referred
to was not prejudicial
2 Instructions relating to the doctrine
of the last clear chance are examined,
and the rule stated in Diversion VS.. Rail-
road Co., IA Kan. 52S, is followed and ap-
piled. -
A true copy. -,
Attest: D. A: NALEN line.
rSeaI1 Clerk Supreme Court. ,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14

J. S. Shoup, 91s West Fifth avenue,
was arrested at noon today upon a
warrant from the juvenile court charg-
ing him with being a delinquent parent
to Dorothy Shoup. The complaint
sworn by Guy T. Justice, secretary Of
the Provident Association, alleges that
Shoup is an habitual drunlxard, lying
about idle. Shoup was placed in the
county jail and his trial set for June
II. He says he can furnish bail.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14

NO. To- 445.
John F. Tinker, Appellant,
Union Pacific Railroad Company. APP
Appeal from Lincoln County.
REVERSED
Syllabus. BY the Court. Benson, j.
1. A car was set out by the defendant
loaded. The plaintiff, employee of the
elevator company was, in pursuance of
his duty. and with due care, at work in
the car. preparing it to receive grain. The
same train men that had set out the car,
about thirty minutes afterwards, switch
ed a car belonging to another company
out of the same train upon this sidetrack,
and by a push from its engine and cars
propelled it down the side-track over
seven hundred feet from the switch 20
the grain car with which it collided with
such force as to injure the plaintiff at
work therein. The plaintiffs presence IN
the car was known to the train men, but
no notice or warning given to him.
brakeman upon the moving car intend
ing to stop at at a point three hundred
feet from the grain ear was unable to do
so because the brake for some reason
failed to work properly. The evidence
does not show in what respect the brake
was defective. It is held ID that the col
lision and resulting injuries in the cir
curnstanceS, by the means and in the
negligence; CD that in the absence of any
other evidence or explanation, the fact
that the brake failed to do its ordinary
work and that because of it's failure the
brakeman was unable to stop the car.
were not sufficient to establish a complete
the plaintiff should be upheld.
2. Thes petition contained an allegation
that the defendant by its agents, servants
and employees negligently and without
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14

George Clark Herschell, aged II, To-
peka, Jesse Luella Glenn. aged 20. To-
Eeka.
License was issued also to the first
deaf and dumb couple to take one from
the Shawnee office. The couple is:
Fred W. Becker, aged 49, and Orrell
Altman, aged 80. both OF Topeka.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
LEGAL.


dence to the particular defects pleaded.
4. The refusal of the court to permit the
consolidation of this action with another
action in which another party was i'm
pleaded, and in refusing to allow an
amendment of the answer, were within
the discretion of the court which in the
circumstances shown was not improperly
exercised.
ALI the Justices concurring.
A true copy. .---
Attest: d. A. VALENTINE,
tSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
DEATHS AND FUNERALS,

James NJ. Kerr, 68 years of age,
died at the home of his son-in-law,
DR.. R. c. Hutcheson, 1872 Lincoln
street, at 1 o'clock this morning. The
body will be taken to Cottonwood
Falls tomorrow and will be buried in
that city.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14

Doris May Shoemaker. the little s.
year old daughter Of Mr.. and Mrs.
John F. Shoemaker, 1880 Central
Park avenue, died of pneumonia this
morning. The funeral will be held
from the residence tomorrow at 2:30.
Burial in the Mount Hope cemetery.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14

the tunic. as well as the skirt hem
being edged by a broad band of fine
lace. The frock is worn over a foun-
dalton of pale blue and the girdle and
rossette of soft liberty are of the same
shade. Down the center pleat o.
bodice and skirt are miniature ro-
settles similar to the one on the CIR
n
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
No. 1858.
Lee Mccullough. ct al, Appellees,

The S. J. Hayde Contracting Company,
ct al, Appellants.
Appeal from Cloud County.
MODIFIED.
Syllabus BY the Court. Benson. j.
l. A sub-contract for plumbing and
heating work in a building amounting to
over 81 600 was performed except in GER
tain particulars: comparatively small
sions and remedy the defects. 1t is held
that the reasonable expense necessary to
make the work conform to the contra ct
is the proper measure of damages to be
allowed to the owner upon his counter
claim in an action against him for the
contract price.
, The admission in evidence of a gen
eral statement of the contractor to the
effect that he had performed the contract
reiating to the various items is given. and
findings made thereon relating to all the
defects pleaded in the answer.
8. It was not error to restrict the evil
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
LEGAL.
SUPREME COURT SYLLAD|.
(Contirued from Page Eleven.)

No. 1876.
The Aetna Mill and Elevator Co., APP
pellant,
VS..
The Kramer Milling Co., Appellee.
Appeal from Harper County.
REVERSED.
Syllabus. By the Court. Benson ]
A person will not be prohibited from
using his own name upon marks or
brands placed upon articles of his own
manufacture, merely because 1t had first
been rightfully used by another who had
established the reputation of, and built
same name in a trade mark, sign or label
thereon; but sucn person will not be per-
mitted by any artifice or device or other
wise to induce the belief of customers or
others desiring to purchase that the
articles so marked are the products of
the other.
Ali the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
No. 1858.
Riley Lake, Appellee,

No. 1858.
Riley Lake, Appellee,
VS..
A. J. Hargis, Appellant
Appeal from Barber County.
REVERSED.
Syllabus By the Court. Graves J.
In a rep1evin action before a justice OF
the peace, the plaintiff gave the ordinary
bond at the commencement of the action.
The defendant gave a redelivery bond
and retained possession of the property
replevined. Upon the trial the defendant
was adjudged to be the owner and en-
titled to the possession of the property
No appeal was taken The judgment be-
came final and the plaintiff paid the
costs.
Afterward the defendant commenced an
action for damages, upon the bond given
by the plaintiff, in which he claimed
damages for loss of time, attorney fees
and expenses incurred in making his de-
Tense. Held that in the absence OF
malice. want of probable cause. or bad
faith on the part of the plaintiff, dam
ages of this nature can not be recovered
upon the replevin bond.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(SeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14

The seats for the Assumption scI1oo
children's entertainment will be re
served at Row1ey's drug store or
Wednesday, Thursday and Friday.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
DecIares Extra Dividend.

New York, June 1.-THE Central
Railway of New Jerse~ today declared
quarterly dividend of per cent and
an extra of 2 per cent.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14

Carl Gaune, age 8, died at his home,
2001 East Crane street at $3.50 Mon
day afternoon of diphtheria. Funeral
was held from residence at o'clock
this afternoon. Interment in the Cath
Ollie cemetery.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
Topeka, K;
French and Arabs Fight.

Paris, June 14.-The governor of French
West Africa reports q fight between the
French troops and Arabs at Nguigfni on
Nav 81, during which the Arabs lost 10
killed and the French killed and 20
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
LEGAL

notice or warning switched and propelled
a car down the side-track against the car
in which the plaintiff was at work with
such force as to cause the injury for
which a recovery was sought. 1t is held
that the facts stated in the preceding
aragraph are within the issues.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
lSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14

The funeral of Frank Crowder, who
died Saturday at his home Twenty
fourth and Monroe streets of tuber-
culosis was held today from the Shiloh
Baptist church. Crowder was Is
years of age
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14

P. H. Coney and Mrs. e. H. Coney
will go to Kansas City tomorrow on
business. They will return Thursday
evening.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
Worlds Missionary Conference Opens

Edinburgh, Scotland. June 1.-THE
worlds missionary conference, a repre-
sentative gathering of protestant churches,
opened today under the presidency of
Lord Balfour.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14

No 1906.
The State of Kansas, Appellant,
VS..
J. N. White, Appellee
No. 16,607.
The State of Kansas, Appellant
Isaac G. Eyman, Appellee.
No. 16.608.
The State of Kansas, Appellant
VS..
Lawrence G. Eyman. Appellee.
Appeals from Kearny County
AFFIRMED.
Syllabus BY the Court. Benson. j.
In an action by the state to set aside
the appraisement of school lands and to
cancel certificates of purchase issued
thereon, it appears that lands, which evil
dence tends to show were worth from
$500 to $1,000 per acre, were appraised at
$50 per acre. but that this was done
through an honest exercise of Judgment
by appraisers fairly chosen and no fraud
is shown unless inferrible from the I'M
der-valuatipn so made;-it is held that the
evidence is insufficient to sustain the
charge.
Ali the justices concurring.
A true copy. ---.
Attest: D. A. VALENTINE,
TSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14

Mental Suggestion" lecture tonight
by DR.. Wi1m at Washburn college, of
special interest in regard to Christian
Science and kindred forms Of occult
therapy.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
No. 1859.
Mary J. Baker, Appellant,

No. 1873.
Mary j. Baker, Appellant
VS..
Mary Kelley Lane ct al, Appellees.
Appeal from Seward County.
AFFIRMED.
Syllabus BY the Court. Benson. j.
l. A party whose only title to land Is
under a tax deed made to a grantee who
was dead when it executed. which
was delivered to such party as the heir
of the deceased person, who caused the
deed to be recorded and paid the taxes
on the land, but who never took actual
possession, cannot maintain action
to quiet title for an injunction against
one who holds under the government.
title and who is in actual possession of
the land.
2. The words "his heirs and assigns
following the name of the deceased per-
son SO designated as grantee in the deed,
did not operate to vest title in such heir
and the deed is void conveyance.
g. A person who as heir of the de-
ceased owner of a tax sale certificate
took out a tax deed thereon wherein the
name of the deceased person was inserted
as grantee can not maintain an equitable
action to nave the deed reformed by a
decree substituting her own name IS
grantee therein; she might upon due APP
plication to the county clerk have OBJ
tanned a deed made to herself as grantee
notwithstanding the issuance of the
former instrument.
Ali the justices concurring-
A true copy.
Attest: d. A VALENTINE.
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14

in
claim the Everglades Florida Bowad decided
politics
his election the promises be but matter of form Broward
her
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
Perdue Postmaster at Beloit.

washington D. c., June 1.-THE presi-
dent has nominated W. c. Perdue as post
master at Beloit
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
LOCAL MENTION.

The Santa Fee has decided not to
have the regular summer time card
meeting this summer 1t is probable
that the Colorado service will be i'm
proved and the rest of the old card
will be retained.
Members of the Topeka AID club are
invited by the Advertisers club of
Milwaukee, to attend the annual con-
vention of the central division of the
Associated Advertising clubs of Amer
lea today and tomorrow. OF course
it is now too late to make arrange
ments to attend the convention. but
nevertheless the invitation is apprect-
sted by the local men.
Resolved, That in Jeffersonian
Democracy and not in Socialism will
be found the true solution of the trust
problem will be the subject of de-
bate tomorrow evening at the Central
Y. M. G. A. between ]. B. Barnhill,
Democrat. and c. B. Hoffman, Social
ist. Mr. Barnhi11 and I. Gilberg will
clash in debate Friday evening at the
Central Y. NJ. c. A, the subject be-
ing "Jeffersonian Democracy VS.. So
cialism." Thursday evening Miss Eliz-
abeth n. Barr and Mr. Barnhill will
indulge in battle of words in the dis
cussion of the suffrage question.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14

The funeral of Pearl Harris, age IT
years, who died Sunday at her home
21S North Kansas avenue, was held
from the residence this afternoon.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14

No. 16,443
The John T. Stewart Estate Qncorpor-
ated), Appellee,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14

5, of a complication of diseases, Ed
ward w. Davis. He, was born in
Kosciusko county Indiana, Sept. O.,
1S43, he came to Topeka in May, 1850
where he continued to reside until he
entered the home in 1891. He was a
member of lodge No. 40, I. o. o. F.
and of Lincoln Post. He belonged to
the Eleventh Kansas Vol. from 1863
until the war was ended. He leaves
a son, Frank, who lives in Sioux City,
Ia, and two sisters in California.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
No. 16.445.

D. A. VALENTINE,
Clerk Supreme Court.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-10-16

chain already forged around vincente
Mario. The key fitted the lock and
both were identified by the restaurant
keeper and the proprietor OF the South
Fifth avenue lodging house as having
been used by Annie Greg. When con
fronted by this BIZ OF evidcnce-the
little thing so frequently overlooked
by big riminals-Mario broke down
and confessed to what Valentine had
already outlined mentally as the prob
able version of the murder.
The Italian had lured the girl to his
apartment for no good purpose. To
hide a minor. crime, and stihe her cries,
he had stabbed her with a fine stiletto
which he afterward dropped overheard
from the Greensboro bridge. Then he
went out and bought the trunk; when
that proved too small he was forced
to play the part of a butcher; hence
the dismemberment.
1t needed for final touch only the
coming forward of the truckman who
removed the trunk 20 the Grand Cen
trail station in the first instance to
weave complete web of evidence
around Vincente Mario which confirmed
and supplemented his confession.
But Finney Valentine. stern detector
of crime, always regarded it as a mis-
carriage of Justice that the slayer Of
pretty Annie Greg escaped with merely
a life sentence.
Next week: "Cat's Eye.',)
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-10-16

the work. it was going to be difficult
to discover when. by whom, and from
whence the CHASTITY burden had been
removed in the first place after the VIC
tim S body had been concealed there
in.
Long and painfully did Valentine
stud" that dirty scrap of paper and the
half.effaced scrawl thereon. At length
he decided that 1T might possibly prove
TO be an address-No 72S Sixty ninth
street, either east or west-while the
Roman numerals "VM" might perhaps
stand for a real name II was only a
guess, but IN the detective business
guesSes are sometimes equivalent to In
splratlonS.
No. 72S Sixty-ninth street proved to
be in the uptown Little Italy, of
Manhattan island-a region Of tall and
densely populated tenement houses, well
- fats were fairly respectable. rang
ing from two to five rooms in a suite
Here Valentine found his knowledge of
Italian a godsend; the janitor volublY
ran over the list of his tenants until
he came to the name "Nincente
Mario. - who was. he said. single man
inhabiting two rooms on the fourth
6oor-a very nice, quietspoken fellow,
whose description for the second time
pressman. Siguor Mario, it appeared,
was an "artist that is, he was en-
ployed somewhere downtown as assist
ant to a sculptor The trail was wax.
ing warm, thought Valentine. Step
ping to the nearest telephone he or
Lered another plain-clothes man to keep
tab outside No. 72S until further or,
ders
But on reaching headquarters In.
spector Valentine found a welcome sur
prise awaiting him. Seated In his of.
fee was the officer who had been de
tailed TO watch the restaurant, aud in
n chair by the window lounged swar.
thy but not badlookiug Italian aged
about 2S, nattily dressed and carefully
harhered,
;'We've got him. chief" said the
s)euth hoarsely. ''and he admits he
knew Annie Greg
Il m very glad to see you. Signor
Mario. - said Valentine in Italian.
4" Come over bere-l wish to talk to
you.'
"si, 81, signor," answered Mario
without the slightest embarrassment.
80 nj ways at the service of the sig
nor capitan.'
When did YOU last see Annie
Gregg was the abrupt question inn
mediately fred at Mario,
Eight-maybe ten-days ago, was
the answer.
" Where was that2'
In the restaurant where ] eat upon
occasion. -
why haven't you been there
since7"
Mario shrugged his shoulders and
extended his palms. 81 eat when |
feel hungry-now here, now there-not
always in the same place. The an
swef was given without embarrassing ent
and with apparent candor.
"Where do you work -
=" For Signor K mentioning the
name of well known American sculp
tor in the artists celebrated colony in
Macdougal allev
How long?'
"Two-three wears. Signor k
brought ne with him from Naples,
where I had also helped him. -
Did you know that Annie Greg was
dead-murdered? ~ was the question
suddenly shot at Mario,
"Daid Murdaired, Nevaire, The
signor must be ioking.'
''Look at these, commanded Valen.
tine sternly, thrusting n Proup of pho
tographs Of the trunk, the torso, and
tho dead girls face and arms into
Mario s hands. CHOW, what do you
know about that, Mario?'
'Jcsu Maria,D bfeathed the suspect.
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-10-16

made to trace the trunk through the
channel by which it had first arrived
at the Grand Central baggage room.
Here another snag was encountered; the
baggage. ge.master could only show for re.
ceipt niece Of common writing paper
on which had been .rawled IN pencil
some caballstc letters and figures
which seemed to be meant for "'V''
and an IN, - followed by the half il
legible numerals, "72S69 - Hence as
no regular express company had done
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-10-16

and look of terror or of horror
glea med in his black eyes, but no more
so than was natural beyond this quite
allowable evidence of emotion there was
not tFemor Of hand or lip. "She is
daid, you say! All. povera bambino!
Who is the wretch who did this thing
When did it happen7i'
81 thought YOU could tell me that, -
said Valentine drily. although he Sc
cretly began to have his doubts Mario IS
The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-10-16
SUNDAY EXCURSIONS
To Ogden.

October 16, % and 80, via o. S. L.,
under 81 round trip rate. Fortyhve
minute service Choice of eleven trains
each way City ticket Office 156 Main.