davidaulloa/AmericanStories huggingface dataset:
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1911-07-06
500 ROUND
HOUSE BURNED
Sparks From Locomotive Starts
Fire at Waukesha Thursday
Night, Entailing 100000
Loss.

WAUKESHA, Wis, June 30.-Fire
which was started by a spark from
a locomotive, partly destroyed the
roundhouse of the 500 road here on
Thursday night, entailing loss OF
approximately $4,000. Three engines
which eyre in the house at the time
are total wrecks. The plant of the
American Dehydrating company, 10
Gated nearby, was saved after a hard
fight.
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1911-07-06

Farm Hand Overcome Near Wis
consin Town and Taken to
MENDOZA Asylum.

NEW RICHMOND, Wis, June 3d.
Driven insane by heat, a man who
can give no other name than Frank
Ice was picked up by the police on
the street today. He had been work
ing in field on a farm near here.
He was taken to Mendoza.
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1911-07-06
LEGALS.
NOTICE OF SALE ON FORECLOS-
URE

STATE OF WISCONSIN, WOOD CoUNTY-In Cir
cult Court.
George w. Lyons, plaintiff, VS.. Ambrose
Brackheimer, defendant.
By virtue of Judgment Of foreclosure and
sale made and entered in the above entitled
action on the 9th day of May, A. d. 1910, the
Undersigned Sheriff OF Wood County State
of Wisconsin. will sell at the front and north
door OF the Court House in the City of Grand
Rapids, on the 18th day of July, 1911, at 1000
O'Clock in the forenoon OF that day the real
estate and mortgaged premises directed by
said Judgment to be sold and therein de-
scribed as follows, to-Wit: The northeast
quarter the "A of the southeast quarter Use
~ Of section No. thirty-four (3Q and the
northwest quarter INV n OF the southwest
all in township No. twenty-five (22l north of
range No. three 49, east, terms of sale cash.
Dated this Sth day OF June, A, ID. 1911.
d. d. CONWAY, JOHN sCHMITT
Plaintiffs Atty, Sheriff of Wood
Grand Rapids. Wis County Wis
First publication june Is, final July 20
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1911-07-06

WooD COUNTY CoURT-Iu Probate
State OF Wisconsin
Wood County, ..
In the matter OF the estate Of John Petreat
deceased
On this 9th day IF June, A. D. 1911. upon
reading and filing the petition of FstelIa N,
retreat stating that John Petreat of the
county OF wood. died 1ntestate, on or about
the 18th day OF February, 1911 and PRAYING
that Estella N. Petreat be appointed admin
IsIratfIx OF the estate OF said deceased
1T IS ORDERED. That said application he
neard before me, at the probate ofdce in Cfty
OF Grand Rapids on the 5th day OF September
A ID. 1911, at 10 O'Clock a. M
AND 1T IS FURTHER ORDERED, That notice
OF the time and place appointed for hearing
sald app!lcdtlon De given to all persons in
LOT three weeks successfully in the Wood
county Reporter a newspaper printed in
sald county, previous to the time appointed
for said hearing.
By the Court
CHAs. E. BRIERE, VI. CONWAY.
ATTY 1of PettIoner. County Judge.
tFirst pub June %, final pub. July 81
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1911-07-06

per cent profit between the farm and
the table
Really looks as though the consum-
er would have to organize and coop
crate SO as to buy their supplies in
car load lots direct from the farmers
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1911-07-06

The funeral OF L. H. Weldon an
early resident of Plainfield was held
Monday. He leaves a wife and four
adult children. being Mrs. Ira L.
Cocn, Horace Weldon, Ward WaEdon
and Mary at Hancock.
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1911-07-06
STANDING GRASS FOR SALE

The Gaynor Cranberry Co., will sell
standing grass mostly blue-joint on
reasonable terms. Go out and look
it over, and select what you want
First come. first served. 3tw.
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1911-07-06
CARPET WEAVING

| am now ready to weave rag
carpets and rugs at a reasonable
pr e. Those wishing work OF
this kind can address c. E.
Grimm, RED. No. 6. Box E. I,
on Sth st. w-Dec. 1911
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1911-07-06

Miss Elizabeth Frank returned to
her home in Chicago after spening
week in this city at the home Of
Mr. and Mrs Joseph Maseha OF the
west side
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1911-07-06
$54.9S9,O00
s173.147.OO0

It will be seen from the above that
consumers pay more than three times
what the producer receives on many
leading food products Three hundred
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1911-07-06
FARMERS SKINNED
CONSUMERS ROBBED

The following figures taken from
the New York city food bill of last
year are typical of every large city
in the United States.
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1911-07-06
TRY A WANT AID.
FREE BOOK
For Every Living Thing on the Farm
Humphreys Veterinary Specifics.

500 Page Book free, on the Treatment and
Care of Horses, Cattle, Sheep, Dogs,
Hogs and Poultry, also Stable Chart to
hang up, mailed free.
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1911-07-06
SPRING CREEK

Mesdames Worden and Haroon viii
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1911-07-06

o o o o o O O
o MEN TO PATRONIZE. o
o o o O
Painting and finishing done in
first class style. Cal on VIII suhr.
Phone 279. If.
DR.. D. A. Teller, dentist, office
in old Wood County National bank
building. Phone No. go. Residence
No $50. IF
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1911-07-06
Wis. National Life ms. Co.
SCOTT H. SNYDER, Manager
for Wood and PORTAGE Counties

w write Casualty Industrial ana Ordin-
airy LIE Policies. Oflice S71-Lincoln Street
Grand Rapids Wis may 25-auG u
Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1911-07-06
}. w. COCHRAN. Lawyer
ONCE in Wood Co. Nth. Bank Bldg.
Grand Rapids, Wis.

Admitted to practice in all Courts Of the
States OF N, Y, and Wisconsin, and ia Fed~
eral Courts.
Collections, and settlement OF estates
given careful attention.
confidential Correspondents in every city
of the United States, Canada and all pFinci-
pal cities of Europe.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-04-12
LEGAL


unmarketable title under contract for
a perfect title.
4. In June, 1908, an abstract of title
disclosed a recorded oil and gas lease,
dated in June 1904, and running ten years
and as much longer mineral might be
found in paying quantities. The lease
provided that one or more wells should
be drilled within two years, or that the
lessee should pay twenty-five cents per
acre per year for the land thereafter. On
default in the performance of its cond1-
ton the lease was to become void. Held.
the abstract did not disclose perfect
title.
5. In order to perfect the title an ex-
parte affidavit was attached to the alb
Stract, made by person who claimed 10
know the facts and who stated that the
lease was void because of noncompliance
with its terms, no work having been done
on the land under the lease Held, the
affidavit did not remove the cloud on
the title created by the lease.
6. vendee who has contracted Tor a
perfect title cannot be compelled to &C
cept a title incumbered by a recorded oil
and gas lease whose invalidity, if 1t be
invalid, depends upon facts which, We're
the title impugned, the vendee would be
obliged to establish by parol evidence
All the Justices concurrlng.
A true copy.
Attest: D. A. VALENTINE,
LSeal] Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-04-12
No. 1871.
E. Winter, Appellant,

VS..
Thomas c. I4unlap, ct al, Appellees, and
L. P. Phillips, Appellant.
Appeal from Greenwood County.
MODIFIED.
Syllabus. BY the Court. Benson. ]
l. Where two judgments were rendered
was levied within one year upon the lands
of the judgment debtor under either judg-
ment, the judgment creditor who first
caused an execution to be thereafter
GRITTY of liens upon the lands levied upon,
although the Judgment Of the other cred
itor was first docketed.
2 An execution may be issued and
levied under judgment against the prop
erty of one or more joint Judgment debt
to another one of the judgment debtors.
3. An owner of land died intestate, leav-
ing a widow and four children. Pending
an action for partition, D., one of the
a conveyance to W. describing the prop
erty conveyed as my one-eighth interest
in 6he land of the deceased). A judg-
ment was afterwards rendered in the par
in the land and to the four children the
remainder in fee. Soon after this judg-
ment had been rendered, a judgment in
another action for the recovery of money
was rendered against d. and became
lien upon his land 1t is held, % That the
judgment in the partition suit finally de-
termined that D. $ interest in the land was
one-fourth of the remainder; (2) that D. s
deed to W. conveyed one-half of that in
terest, being one-eighth of the land, sub
owner of the other one-eighth which is
subject to the lien of the Judgment for
money so rendered against him.
All the Justices concurring.
Attest: D. A VALENTINE,
tSeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-04-12
No. 17015.
e. r. Ellison, Appellee,


Inc Paclftc Express Company, Appellant.
Appeal from Sedgwick County.
c., AFFIRMED.
syllabus. By the Court Porter 4
4: IN cases of bailment the degree OF
olilgence or care required is a ouestion
OF law for the court, but whether tha
Dallee has exercised due care is a ones
Ilon Tor the jury except in cases where
put one reasonable inference can he
Drawn from the undisputed facts.
The owner of an express package
tailed to call at the express office for il
and the agent of the express COMPANY
paced 1t in the company's office which
was located in a railroad depot Consisting
OF frame building the doors and win
COWS OF which were locked. The depot had
peen used for years for depositing freight
ana express matter. 1t was entered during
the night by a burglar breaking the glass
OF one or the windows and the package
with Its contents was stolen. The pack
age was canvas covered telescope con-
tanning moving picture films. 1t weighed
Inty-flVe pounds and was valued at $500
OF the package in plain figures In an
action to recover against the company for
Its loss, 1T was conceded that the liabilitv
OF the company was that of Warehouse
man Held, that it was a question for
the jury to determine from air the evil
dence and circumstances whether the ex-
press company failed to exercise ordinary
care and whether such failure was the
proximate cause of the loss.
All the Justices concurring.
true copy.
Attest; d. A. VALENTINE.
t0ea|I Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-04-12
No. 1926.
"---

No. 1926.
The State of Kansas, AppelAee'
VS..
Charles Nordmark, Appellant
Appeal from Republic County.
AFFIRMED
S,uabus Nv the Court. Johnston. e. J;
l. person who has acquired SPS 60
knowledge and skill as to the use OF mr. mr.
arms and by experience, observation anu
practice has learned the effect OF shots
and bullets cutting through nnpS oa
shrubs, is competent to tesuIy WheIineii, .
certain shrub or limb was cut by Dullet
and also whether certain empty shot smells
had been loaded with large or s1naIi snoe;
2. The nature t6eati nsne ana an the en 6oni-
eide and the conditions existing in the I'M
mediate vicinity, may be SHOWN IN eVI
dence on the trial of the one charged WIN VII,
transa elton and, in the present case, 1t Is
held that the court was warranted IN re,
near the place of the homicide, limb or
a tree which stood near the place ana
which appeared to have been cut Dy snot
fred from gun ,,a ana Photographs u 'iie
3. Evidence which fairly tended to prove
the felonious killing of the deceased
should not be excluded because 1t may
tend to prove that others were killed by
the defendant at the same time and by the
same means.
4. In overruling a motion for a new
trial the trial court is not required, on the
request of the defendant, to dehnltely
state the facts and circumstances brought
out in the testimony which, In his opinion,
supports the different elements of the Of
fences of which the defendant is con-
Victed.
s. new trial should not be granted be-
cause of newly discovered evidence unless
it is material and such as leads the court
to think that it would probably produce
different verdict.
6. In prosecution for murder, the
corpus deficit and the guilty agency OF the
defendant may be proved by circumstan-
tiaI testimony and, upon an examination
of all the evidence in this case, it is held
to be sufficient to support the verdict find
ing the defendant guilty.
All the Justices concurring.
A true copy.
Attest: q. A. VALENTINE
[SeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-04-12
D. A. VALENTINE.
Clerk Supreme Court.
No. 16, 956.
s. W. Cooper, Appellee,


Kathryn Greenleaf, Appellant.
appeal from Sedgwick County.
AFFIRMED.
Sylapus. By the Court. West. J.
l. Section 5901 Gen. Stat 1909 relieves
alleged error in the exclusion of evidence
Wnen Such ground of the motion for new
IRA! was not supported by a production
OF the evidence excluded.
4 An adjudication of the insanity of a
JUDGMENT debtor does not render dormant
Judgment rendered against him before
Such adjudication, and the guardian may
De properly substituted defendant in
The cause in which the judgment was rem
dered.
3. In a foreclosure of a mortgage and
also a commission mortgage judgment
was rendered on the former in favor of
the mortgage and on the latter for a
much smaller sum in favor of the holder
subsequently the holder of the latter en-
tered So-called release reciting that he
released and satisfied his judgment al
Therefore counsel who had represented
the holders of both mortgages in the
foreclosure action procured an order of
sale on both judgments, which sale was
made and confirmed. The Sheriff'S deed
was executed to the holder of the COM
mission mortgage and recited his .judg-
ment only. In an action by him to re-
cover possession of the property begun
more than fifteen years after such sale
years after recording the sheriff's deed,
such deed must be held valid.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
GSeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-04-12
No. 1889.
Mrs. Jimmie Every, Appellee,
D. A. VALENTINE,
Clerk Supreme Court



Chas. l. Rains, ct al, Appellants.
Appeal from Cherokee County.
AFFIRMED.
Syllabus. By the Court Benson,
/ Where a petition is filed in an action
by a party who becomes a defendant in
another action, 1t may be used in evidence
on the trial of such other action, against
the party who filed it, If it contains state
ments material to the issue on trial, In
the nature of admissions, allegations
tenolng to contradict his testimony.
Where evidence was offered tending
negligence contained in petition and the
court in giving Instructions read the petit
tlon to the jury, but in a separate instruc-
uon stated clearly the matters which the
plalhtlh was required to prove to make
out a cause of action, and specified therein
only the particular charge Of negligence
which was supported by evidence, and no
request was made to otherwise eliminate
or Withdraw from the jury the other
charges, 1t is held, that there is no pro-
JuolclaI error in the instructions of which
the defendant can properly complain.
. II is not necessary that the master
should have actual knowledge of the de-
IectiVe condition of a roof in a mine in
order to be liable for a personal injury to
an employee by the falling of a fragment
theretrom, If in the exercise of reasonable
care the defect would have been known
ana the resulting injury avoided.
l. TO ascertain the condition of the roof
IN drift of a lead and zinc mine the
operators Of the mine adopted the use of
PROD, consisting of a piece of gas pipe,
70 test the roof and dislodge loose pieces
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-04-12

No. 1885,
George w. Baker and Mary E. Baker,
Appellants,
partners as Redicker & Wrigley, Harry
NJ. Hepperlen, Thomas L. Ewing and
Ellet G. Drake, Appellees.
Appeal from Allen County.
AFFIRMED.
Syllabus. BY the Court Smith, J.
1. While section 6169 of the Gen Stat
OF 1909 does not expressly require that
the party appealing to the supreme court
in a case tried in court of record shall
direct the Stenographer to transcribe and
certify to the correctness of all of the
stenographer's notes of the testimony and
proceedings in the case and thus make
such transcript, when filed in the court,
a part of the record it is the only provis-
ion made for record of the evidence in
the case on appeal. Other provisions of
record. 1t is therefore, held to be the
duty of the appellant to procure such
transcript, or so much thereof as may be
pertinent to his appeal, and have it made
a part of the record before filing his
abstract in this court.
2. Where two parties are negotiating
for a lease of land by one to the other
and the lessee prepares lease which the
lessor declines, but prepares and signs
another lease with some different provis-
ions and stipulations and sends it by a
third person to the lessee who immediate
ly refused to execute it, but retained the
paper and insisted that the lease should
be as he prepared it, if at all; held, that
the retention of such paper does not con-
Stitute a completion of the contract of
lease on the terms therein specified.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-04-12
LEGAL.

therefrom. Whether the instrument made
use OF and the method and frequency OF
its use satisfied the requirement of reason
able care on the part of the master to
make the place safe for the servants, was,
jury.
D. me contention of the defendants that
the evidence and findings of the jury
qulre the court to hold as matter of law,
mat the injured employee assumed the
Tlsk OF the danger by which he lost his
life is not sustained
p. All the Justices concurring.
true copy.
Attest: d A VALENTINE
lSeaII Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-04-12
No. 1921.
George S. Linscott, Appellee,
VS..
H. F. Moseman, Appellant.

No. 1871.
George S. Linscott, Appellee,
H. F. Moseman, Appellant.
Appeal from Jackson County.
REVERSED.
Syllabus. By the Court. Burch J.
1. In an action brought to obtain re-
dress for the breach of an executory
contract to exchange land, the plaintiff
is not entitled to recover the value of
the land he was to receive, instead of the
land itself, the defendant being able to
make conveyance according to the con-
tract. The forms of the PLAINTIFFS relief
are, specific performance of the contract.
or, damages for the loss of his bargain
measured by the difference in value of
what he was to receive and what he was
to give.
2. Ordinarily vendee should make all
his objections to the title disclosed by the
abstract furnished him by the vendor
with his first requirements. If, however
he should fail to do so, he will not be
precluded from subsequently rejecting
the title on other valid grounds unless
the vendor acting upon the belief that
the first requirements were final, has so
changed his situation that 1t would be
unjust to allow further objections to be
interposed
3. The equities in favor of a vendor
must be very strong before court Will
compel a vendee to accept or pay for an
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-04-12

No. 1892
Mrs. A. K. Ross, ct al, Appellees,
The Phenix Insurance Company APP
pellant-
Appeal from Crawford County.
AFFIRMED.
syllabus. By the Court. Johnston, C. ].
l. where plaintiff, in his petition, sets
up a contract of insurance and alleges
compliance with its conditions, and also j
loss which the defendant had refused to
pay, and the defendant answers that
under the contract an arbitration had
Deen mad and an award made, the amount
or which had been rendered to and refused
oy the plaintiff, and the plaintiff replies
mat the award was not honestly made
and is therefore not binding, the plaintiff
mas right to have the court determine in
tnat action the amount which he is en-
ltied to recover on his policy without first
bringing separate action to have the
award set aside.
z A clause in the policy requiring that
proofs of loss should be given a certain
t1me before the action for the loss is
brought, Is deemed TO be waived when the
insurance company, through its adjuster,
proceeds to adjust the loss and upon
disagreement arising as to the amount of
the loss, an arbitration is demanded by
the company, to which both parties agree
All the Justices concurr1ng.
A true copy.
Attest: D. A. VALENTINE,
lSeaLI Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-04-12
No. 1882.
The State of Kansas, Appellee,

The State OF Kansas, Appellee,
vs..
w. NJ Smith. Appellant.
Appeal from Linn County.
AFFIRMED
SYLLABUS BY the Court. West. j.
l. In an information for perjury com
rnitted in testifying before a justice OF
the peace in a proceeding under sec. 2I32
Gen Stat 1909 it is not necessary to al
lege that the county attorney who sub
poenaed the defendant to testify before
the Justice had reason to believe that the
defendant knew of violations of the laws
against gambling.
2. In a prosecution for perjury it is suf-
ficient if the proof conform substantially
to the charge.
g. The procuring of testimony of one
believed by the county attorney to have
knowledge of violations of the gambling
laws by causing such person to appear
before a justice of the peace under Sec.
1882 Gen. Stat. 1909 is a proceeding"
within the meaning of the perjury statute
Sec. 2640 Gen. Stat. 1909.
A. An instruction that before the jury
can convict they must find the defendant
guilty beyond a reasonable doubt, and
that "a reasonable doubt is that state OF
the case which after the entire COMPARE
son and consideration of all the evidence
leaves the minds of the jurors in that
condition that they can not say that they
feel an abiding conviction to moral
certainty of the truth of the charge; that
is, to a certainty that causes and directs
the understanding and satisfies the
reason and judgment of those who are
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-04-12
LEGAL
Published in The Topeka State journal
April Il, 1911.l
SUPREME COURT SYL[ABL.
No. 1881.
John B. Moore, Appellee
VS.. $50 An
p HoDIxfns and w. c. Pearce' APP


John B. Moore, Appellee
VS.. A.,
W. r. Hopkins and w Z. FeaIOe' az
pellants.
Appeal from Kearny county
REVERSED. ,.,
Syllabus BY the Court oi t,,+e al
/. Where a warranty deed IS execu t of
and delivered to secure the payLnrenl re
services to be thereafter renoeTeu Wy star
grantees for the grantor, and Where, &c is a
the completion of such services. tH t 1atd
disbursement as to the sum 70 S S,-IPood
therefor. and the grantees on tne ue Of
of the grantor, execute an llstL LII et1i,N vas
defeasance reciting that the oe s5ao,f;ed
given 10 secure the payment OF spetJi ln1'
sum. being the amount clalme1 ny t+ho,,,
and tenders it to the grantor' VINO VIII VIZ t11e
duress, and with full knoWieuee % &c.
contents thereof and of all the Iacl11 Y16
cepts and records the instrument. e 49,.
az such acceptance is an accePtdIce o VI IL
Instrument as whole with an tne recIa e,I7
therein: (2) that the deed ana lhstruiIiIents
of defeasance constitute one coInPl tiee
written contract which superseoes IN IN
previous oral contract; 90 such WTlt we,
contract cannot be varied by paroi CIV
dence. ,,o, excent
An the Justices concurrlhs except
Mason. J.. who did not sit
A true COPY. uNr1,INE
fcesi1 Clerk Supreme Court.