davidaulloa/AmericanStories huggingface dataset:
The Wagner post. (Wagner, Charles Mix County, S.D.) 1912-current, 1912-06-14
GAMBLER LOST LAST
''CHANCE" WITH COURT
Bernhard, Convicted OF Steal
ing Money From Employer, Is
Given Three Years.

Cleveland. Ohio, June s.-When VIM
l. Bernard stood up to receive sem
n for having taken $40 OF his
employers money to stake himself II
gambling. Judge Kennedy hazarded az
opinion that Bernard would be willins
to bet the court on the sentence
Bernard Frightened up n said he
would Take = chance" and guessed
two years
The judge told him he had lost again
and sentenced him to three ear i
the p~enltentiary.
Bernard. when convicted q few days
ago., asked that in lieu Of q sentence
an operation be performed ON hiu
brain I o cure him OF the gambling
habit The aIienfst II whom his ap-
plication was referred wanted Bernardss
fingers cut Oh.
The Wagner post. (Wagner, Charles Mix County, S.D.) 1912-current, 1912-06-14
TERRIBLE SLASHED IN
FAMILY RESURRECTION

Dubuque. Ia. June S--Clarence Mills,
aged Il. is probably fatally stabbed by
his fatherinlaw. Graham Fuller. aged
55. last night in a quarrel resulting
from family trouble. The victim is
sIashed across the neck the blade sew
ering the arteries and scratching the
iugtIlar vein. The flesh was cut six
inches long across the hear. His con-
ditiou is uncertain and the next "A
hours will tell. He is not expected to
live By the attending physician He is
unable TO swallow or talk
The Wagner post. (Wagner, Charles Mix County, S.D.) 1912-current, 1912-06-14
COUNT TlSZA is FIRED
UPON BY JULIUS KOvACS

Budapest. Hungary, June 18.-Count
Tisza. president OF the lower house, had
a narraow escape from assassination In
the diet this morning. He was fired
upon three times by Deputy Julius Ko-
vacs. who then shot himself. probably
with fatal effect.
Count TIA was unsCatChed.
kovacs was one of the most militant
members OF the opposition and was
among those who were elected from
the chamber Wednesday because OF dis
orderly conduct. He was suspended for
several sittings. but this morning when
the chamber reconvened. he managed To
eyade the police and found his way into
the press gallery.
The Wagner post. (Wagner, Charles Mix County, S.D.) 1912-current, 1912-06-14
RioTING BETWEEN
WHITES AND NEGROES

havana. June I6.-Rioting between
whites and negroes occurred at Regla,
a suburb across the bay from this city,
early today. but order was promptly
restored by the authorities. Two
negroes were wounded.
Havana is absolutely quiet. The
government states that it has no
further news from the province OF
Oriente.
The rain. which has fallen heavily
for three days. is abaIing, with com
munication with the country still in
terrupted owing TO the condition OF the
roads.
The Wagner post. (Wagner, Charles Mix County, S.D.) 1912-current, 1912-06-14
LEGISLATORS OF NEW
MEXICO FIGHT ON FLOOR

Santa Re. y. n. June l9.-The New
Mexico house. after Il turbulent session
in which members came to blows and
the sergeant at arms had to clear the
galleries of spectators to restore order.
rescinded its decision not TO vote for
q United States senator.
The house cast % votes for Albert
e. Fall to succeed himself. and two
votes for Speaker r. l.. Baca. Twenty
two members refused to vote. Those
refusing to vote included all the demo-
Gratis. progressive republicans and
three regular republicans. The house
then invited the senate to join the
session and Senator Fall was declared
reelected for the next six-year term.
beginning March 4. 1913.
Senate Fall addressed the Joint
session after being notified OF his re-
election.
The Wagner post. (Wagner, Charles Mix County, S.D.) 1912-current, 1912-06-14
MINISTER Is ARRESTED
ON CHARGE OF MURDER

New Sweden. Me-. June Son q
charge Of murder the Rev. Charles
Emelius. a Lutheran minister. was ar
rested here today. He is accused of
haying killed his fafherinlay. August
Jacobson. on June II. 1911. The local
authorities at the time pronounced
Jacobson's death a case of suicide. but
representatives of the attorney gen
erals office maintain thai he had beer
murdered.
The Wagner post. (Wagner, Charles Mix County, S.D.) 1912-current, 1912-06-14
EARTH DISTURBANCES
PUZZLE WASHINGTON
Shocks, Some Severe, Have
Been Recorded Almost Con-
tinuously Since Friday.

Washington. June 1o.-Earth shock,
have been recorded by the ~seismograph
At Georgetown university almost con-
t~iuuously since yesterday morning at
5 o'clock. the vibrations at times being
of extraordinary violence. It is esti-
mated hat tine disturbance is within
400 miles of Washington. Following
heavy vibrations yesterday morning
the s~eismograph continued to record
lesser rock throughout the day and
night.
Vibrations beginning at e:16 and al
4:o9 this morning We're even more pro-
nouHced than those al yesterday and
the university scientists believe the
shocks must have been
The Wagner post. (Wagner, Charles Mix County, S.D.) 1912-current, 1912-06-14
BORROWED LOCOMOTIVE;
KILLED TN A COLLISION

Cosington. KY. June S.-Two round
house e employed by the Chesa-
peake & Ohio railroad, near here.
borrowed a locomotive { o pick flowers
for their wives today and shortly aft
erward were killed when their engine
ccllided with another locomotive. Both
engines were demolished and thres
other men were injured.
The Wagner post. (Wagner, Charles Mix County, S.D.) 1912-current, 1912-06-14
DEMOCRATS TO AWAIT
THE OFFICIAL COUNT

Das McineS, Ia. June 10.-None OF
the Democratic leaders have tried to
secure figures on the result of the demo-
cratic primary and as a result it viii
remain until the official canvass is
made known "a to who was nominated
for governor. The Few figures collected
by the newspapers showed Dunn ahead.
but they were very incomplete.
The Wagner post. (Wagner, Charles Mix County, S.D.) 1912-current, 1912-06-14
MILWAUKEE, LINE RATE
ADVANCE is SUSPENDED

Washington. =. c., June s.-An ad-
vance in class freight rates by the
go. Milwaukee & St. Paul rail-
way in the states OF North Dakota.
South Dakota and Iowa. ranging from
x cent to 1s cents per 100 pounds.
Was suspended yesterday by the IN
terstate Commerce commission until
october s next. Protests received from
shippers induced h COMMISSION 70
order an investigation OF the proposed
increases.
The Wagner post. (Wagner, Charles Mix County, S.D.) 1912-current, 1912-06-14
FIFTH BOMB IS TOUCHED
OFF IN SAN FRANCISCO

San Francisco. Cal. June THE
fifth explosion in a series that began
last Friday night was touched on last
night in q garden At the rear 04 thu
house occupied by Tom C0rbett, =
brother OF James j. Corbetf, the pugi-
list and actor.
Corbett was put at the time, but HE
blind niece and a woman friend WeFg
In the house There appears to haTe
,een no attempt to damage the h0uaa.
sut to frighten or warn its tenants.
The Wagner post. (Wagner, Charles Mix County, S.D.) 1912-current, 1912-06-14
SENATE AMENDMENTS
TO METAL TARIFF BILL

Washington, June 1o.-The
House ways ana means commit
tee today reported in favor of
agreeing to the Senate's amend
sseats 10 the metal tariff bill,
relating to the rates on pig iron
and chromium, but refusing to
accede to the repeal of the Can
ndian reciprocity pact and the
proposal for a universal duty of
Sc . ton on print paper.
The report of the committee
declared that the amendment re-
peaiinu the Canadian recipro-
city pact was . political sub
terfuge, designed to defeat the
passage of the bill"
IL is not germane to the metal
schedule and is a political sub
terfuge to maintain protective
eonditions," says the report.
The Wagner post. (Wagner, Charles Mix County, S.D.) 1912-current, 1912-06-14

Newark, N. j., June AT
least six persons wers shot and
many others wounded BY mis-
siles in . street battle here to-
day between $50 striking labor
srs and the police. Five strikers,
. policeman and ! citizen ars ak
the city hospital, most Of them
suffering frem sursshot wounds?
The Wagner post. (Wagner, Charles Mix County, S.D.) 1912-current, 1912-06-14
FOUR INSURGENTS
KILLED IN SKIRMtSH

Santiago, Cuba June 10.-Govern-
nnent troops encountered the nsur-
gents at Carload Del Rosario. rear
Cobre, today n in a skirmish four
negro insurgents were killed. -Four
soldiers were wounded. The Cuban
forces. which have been garrfsoning the
Firmesa mine, withdrew when the
United States marines landed.
The Wagner post. (Wagner, Charles Mix County, S.D.) 1912-current, 1912-06-14
WILEY DECLINES sosron orFEr

Washington. June 8.-Dr. Harvey w.
Wiley, former chief OF the United
States bureau of chemistry, today de-
clined the city of Boston's offer TO be-
come chairman Of its board OF health.
He made known his decision In q letter
to Representative William Murray, Of
Massachusetts.
The Wagner post. (Wagner, Charles Mix County, S.D.) 1912-current, 1912-06-14
u. s. BlTTIESnIPS
IN CUBAN WATERS
Missouri and Mississippi Join
Fleet OF Characteristic
mishes Reported.

C~almcnara. Cuba. June i6-The fourth
division OF the United States Atlantic
fleet is now of the Guantanamo naval
station. the battleships Missouri and
Mississippi having joined the Ohio and
Minnesota dUring the night.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

ADVERTISING RATES: The rate for
inserting Want Ads in The Topeka State
journal is one cent a word each insertion,
minimum 10 cents; by the week cents
q word. minimum so cents.
COUNT THE WORDS of your AID. in
Guiding four words for State Journal ad-
dress when such address is used; count
each Initial letter and each number OF
combina ton of figures as one word
OUT-OF-TOWN advertisements must pc
accompanied with cash or check IN run
payment for the same Note the forego-
ing instructions about counting the words
and the rates per word for The Topeka
State Journal
CLOSING HOUR: Want Ads. to be
Classified properly in The Topeka STATE
journal, must be in The state journal
office before I O'Clock Wants Ads received
after the noon hour will be inserted unoer
the heading. "Too Late to CLASSIFY OF
next daY as desired.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
LEGAL

surance policy, it is stipulated that the
loss, if any, shall be payable to the
mortgage. he becomes the beneficiary
of the policy, and if a loss occurs while
the debt is unpaid, he alone is entitled TO
recover the insurance to the extent OF ms
debt, and where the indemnity is paid BY
the insurance company in a draft MADE
payable to the mortgagor and mortgagee
jointly and the mortgagor offered to IN
dorse the draft and have the MORTGAGE
take from the proceeds the amount OF
the mortgage debt, and where the mort
gage refused to accept the amount of hrs
indebtedness, but claimed that he was
the owner of the insured property and
was entitled to all the insurance money,
which greatly exceeded the amount or the
mortgage debt, he is not entitled to in
terest on the mortgage debt after the
time he refused to accept the payment 10
which he was entitled.
All the Justices concurring.
true copy.
Attest. D. A. VALENTINE,
ISeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
No. 1893.
State of Kansas, Appellee,

No. 1893.
| State of Kansas, Appellee,
| VS..
Henry Meyer, Appellant
| Appeal from Trego County.
| MODIFIED.
| Syllabus. BY the Court Johnston, G. J.
1. In a proceeding brought under Sec
| ton 1888, Gen. Stat, 1909 to punish a de-
| PENDANT for the violation of an injunction
previously granted, wherein he appeared
| in the district court and defended against
| the accusation filed against him, the pow
| er of the court to try the defendant and
to adjudge punishment for contempt is
not affected by the fact that he was ar
rested under an unwarranted order is
sued by the probate court, nor was it ma
terial under the circumstances, whether
preliminary order of arrest was issued
or an arrest in fact made.
2. In a case where defendant was en-
Joined from keeping Intoxicating liquors
in a certain place for sale and from SELL
ing them at that place, proof that large
quantities OF intoxicating liquors were
subsequently purchased by defendant
some of which were kept at the place
and that he sold a pint of whiskey to a
purchaser, is sufficient to uphold judg-
ment finding defendant guilty of con-
tempt
g. The court found the defendant guilty
of contempt and entered judgment that
he be committed to the Jail of the county
for three months and pay a fine of 500.
After he had been imprisoned under this
judgment for twelve hours he was re-
called and the court attempted to render
a second or modified judgment sentencing
the defendant to six months imprison-
ment and the payment of fine of 500.
Held that as the first sentence was one
the court had authority to impose and,
that as the defendant had suffered pun
ishment under it, there was then no au-
thority in the court to change and in
crease the punishment and, further, held,
that the first Judgment is valid and still
enforcible.
All the Justices concmring.
A true copy.
Attest: d. A. VALENTINE,
LSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
REAL ESTATE TRANSFERS.

". r. Axten to r. L Francis. e. II
r. L. Francis and husband to w. r.
Axtell, lots $50 to 465 Grand ave, j.
NortOn'S add ACKNOWLEDGEMENTS o,oOV
W. l.. Saunders and wife to G. F.
Hill, lots 1858 blk. 20 West St, NJ &
D. sub .----------------------. L
H. Checksfield and wife to J. S.
Davis, lots 155-7-9-61 Twiss ave- LOO
G. NJ. CottreH and wife to G. W.
Humphreys, lots 460. n. y g. Wayne
ave, Washburn Place. ..--..-.----.-$ 300
J. F. Bennett and wife to d. s. Logan,
lot $40 and pit. AZ Monroe St,
Cranes add L
L. n. Latham and others to W. G.
Holloway and wife, lots 69-71, 10th
ave. west. :..---...-.-.---- 5,oto
A. NJ. GARRISON TT. to c. w. Snyder,
lots S94 to 404 Wayne ave-, Wash
burn Place.
b r. Wheeler and wife to w. T.
Dawson, lot 403 and pit. 401 Lane St,
Motifs add OBSERVATION-DISCLOSURES S,UVo
wife. 5. y blk. 5 Park Place. $500
N. ]. Sheffield to G. Offin, lot 629, s.
4 p Kansas ave-, Walnut Grove
J. Borovicka and wife to w. E.
Senne, lot So Polk st.-..---------.... l,ZVo
A. S. Bennett and husband to e W.
Snyder, lots 1874 to 404 Wayne ave,
WaShblirn Place
A. r. VanDerzee to The Shawnee
Agency Realty Co.. lots 705-TOT-9
Sherman ave, Irving Place. /
o. z. Hughes to A. Hughes, pit. lots
520-22 Buchanan ST., TROOPS add sou
z. Schmidt and wife to J. B. Gehart,
pit. lot 35 First ave west---------- 1,5Oo
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
No 1898.
j. g. Edwards. Appellant,


j. g. Edwards. Appellant,
Walter Puterbaugh, Executor of this
estate of Frank Frorer, deceased, APP
Appeal from Pawnee County.
AFFIRMED.
SYLLABUS. By the Court. Porter l.
l. The general rule that where an ac-
ton Is brought against an executor or
adinlhlstrator to recover upon a claim for
winch he is or may be liable individually
the use of the words executor or ..ad-
mnistrator'' in the pIeadings will be re-
garded as words of description and re-
1ected as surplusage, can have no appli-
cation to case where 1t conclusively
appears from other facts and circurn-
stances that the action was brought
against the person in his representative
capacity alone
: Where an action is brought against
a nonresident executor of foreign
estate to recover commissions claimed TO
be owing to the plaintiff for the sale of
lands in Kansas belonging to such for
elgn estate, and the lands, in which the
defendant has no interest other than as
executor, are attached in the action and
service obtained upon the foreign ex-
ecutor by publication, and he files an
court acquires no Jurisdiction to render a
judgment against him individually, not
withstanding the allegations of the petit
ton or the fact that he may have in
CURED personal liability to the plaintiff
on the claim sued upon.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
lSeaIl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
EGAL

stead of the city as required by law, was
not void but was informal and it was
proper to allow an amended undertal<ing
10 be filed after the period for taking an
appeal had expired
On the trial of an appeal taken in
proceedings to appropriate private pron-
cry for public use it is not error to ad-
mt evidence of the amount of rents re-
ceived IN good faith within a reasonable
unit OF time, not including anything
fanciful or fictitious
All the Justices concurring
A true copy.
Guest; D. A. VALENTINE
lSedlI Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
No. 17469.


Stephen S. Brown and John Z. Dolman, as
Brown and Dolman, Appellees,
VS..
Mary K. Quinton. Administratrix of the
Estate of L. B. Kendall, deceased,
Appellant.
Appeal from Shawnee County.
(F'irst Division).
AFFIRMED.
Syllabus. BY the Court. West, J.
I. The admission of testimony giving a
conclusion instead of the constitutive
facts is rendered harmless by the recep
ton of other and competent evidence so
showing such facts that the verdict
reached would have been required there
by.
2 The petition alleged an employment
and promise to pay what the services
should be reasonably worth, the perform
ance of the services, and a subsequent
agreement that they were worth 5000.
followed by a promise to pay that sum-
The court charged that If the jury should
find for the plaintiffs and should find
that such agreement to pay 1900. was
made the verdict should be for that sum.
The testimony touching the value of the
services ranged from $50. to 5000. Held
that such instruction was not error.
8. Instead of advising the legal effect
of certain correspondence alleged to en-
brace the contract of employment the
court submitted such correspondence to
the jury whose construction thereof was
the only one justified by the language
used in such correspondence. Held no
A. Each party asserted promise as to
compensation, one claiming it to en-
brace certain terms, the other, that II
contained different terms. The contention
of the plaintiffs was adopted by the jury
and supported by the evidence. Held not
to be a case Of mutual MISUNDERSTANDING
whereby the minds of the parties never
met. RELOCATING plaintiffs to recovery
quantum meruit.
5. The Missouri statute Of frauds OK.
s. 1899, sec. 341S) provides that
mo action shall be brought to charge
any administrator. upon any spe-
ciaI promise to answer for any debt or
damages out of his own estate,
unless the agreement or soma
memorandum or note thereof. shall be III
writing, signed by the party to be charged
Herewith, or some other person by him
thereunto duly authorized"
Held that an administrators, who by her
agent and attorney authorized. but not
in writing. employs counsel in Missouri
to assist in litigation for the estate IN
which litigation she is interested as ad-
is individually liable for tho
payment for the services rendered by
such council.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE.
CSeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12

No. 17zT2
George w. Dosenbery, Appellee,
Matey L. Bldwell, ct al, Appellants
Appeal from Kiowa County,

Matey L. Bldwel, ct al, Appellants
Appeal from Kiowa County.
AFFIRMED.
| Syllabus. BY the Court. Johnston, c. J.
!. Where a debtor executed to his
creditor deed, absolute In form. which
both understood and intended as a Sc
| curity for the payment of the debt, it
will be treated as a mortgage with the
consequent right in the grantor to re-
deem.
?. Where the mortgages held the legal
title and possession of the mortgaged land
under an agreement that he would pay
the taxes and charges accrued and accru-
ing against the land, and that, when
purchaser was found and transfer made.
he would take from the proceeds the
amount of the debt due him and the mort
gagor should have the remainder Of the
proceeds, and, thereafter, the mortgage
chased the land at a tax sale, his pur-
chase, in effect, constituted a payment OF
the taxes. although he procured the GER
tificate of sale and tax deed to be issued
in the name Of another.
3. Lapse of time is not necessarily
laches and laches in asserting right does
not necessarily defeat IL. Whether laches
is sufficient to bar relief depends on the
circumstances of the case, such as the
rights of third parties, delay being in
duced by the action of the adverse party.
disability, death Of parties, ignorance of
facts or of rights, and change Of relations
and conditions.
A. Where the mortgage purchased the
land at tax sale and took the title in
tiers written to the mortgagor, who resid-
ed in a distant place, that he had been
unable to pay the taxes, that the land
had been conveyed by a tax deed to a
stranger, that the period of redemption
had passed so that the interest of both
had been lost, and where about seven
years after the mortgage was given, the
mortgage died, and, thereafter, the
stranger, in whose name the tax deed
was taken, conveyed the land to the heirs
of the mortgage without consideration,
and where the mortgage and his heirs
had the possession of the land. which.
in the meantime, had greatly increased in
value, and where the mortgagor knew
that the land had been sold for taxes and
conveyed to another but did not know of
the fraud of the mortgagee. nor that he
was the purchaser at the tax sale.
that the grantee in the tax deed was not
a bona fide purchaser, until about fifteen
years after the mortgage was made and
executed, nor until about the time the
action to redeem was begun, held, that
the right of the redemption of the mort
zagor was not extinguished by laches or
by the statute Of limitation.
All the Justices concurring.
A true copy.
Attest: ID. A. VALENTINE
LSeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
No. 1896.
David Taylor. PLAINTIFF,

William Babbitt, Appellant.
Young Bros. Cattle Co.. II. b. Waldron.
and Robert B. Campbell. Appellees.
Defendants.
Appeal from Clark County.
AFFIRMED.
Syllabus. BY the Court. Porter, j..
/. When suit to quiet title against a
tax deed is commenced less than five
years after the deed is recorded but the
tax title holder and parties who claim IN
der the deed are not made defendants I'M
til the deed is more than five years old.
it will be entitled to the protection af-
1orded by the five-year statute of limita-
ton.
?. A tax deed five years old which pur-
ports to be for several tracts of land and
which is void as a conveyance Of title to
one of the tracts by reason of lack Of
description is not for that reason void as
to the other tracts attempted to be con-
veyed and which are properly described.
8. The recitals in a tax deed five years
old examined and held to show a separate
sale of each tract and the amount for
which each was sold and conveyed.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
LSeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
No. 1896.

No 1906.
The State of Kansas, Appellee,
VS..
Fred Ross. ct al, Ed Wright, Appellant.
Appeal from Shawnee County.
AFFIRMED.
Syllabus. BY the Court. Burch, j.
In this case it is held that a hotel porter
who, for a guest of the hotel, received
and stored in a room of the house bar
rel of bottled beer belonging to the guest,
and who afterwards, required by the
guest, iced the liquor and served it at the
guests room, where it was drunk by him
and his friends, was guilty of maintaining
a place where persons were permitted to
resort for the purpose of drinking intoXi-
eating liquor beverage, contrary to
the provisions of Laws 1901, CHI. 232, Sec.
1, Gen. Stat. 1909, Sec. 1881
All the Justices concurring.
Porter, J., concurring especially.
A true copy.
Attest: D. A. VALENTINE,
[SeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-03-12
EGAL

loan" has ordinarily earned his commits
sion when he has produced a person
wiling and able to make the loan upon
the prescribed terms, and his claim to
compensation will not be defeated by the
refusal of such person to complete the
transaction because it turns out that d
material representation made by the en-
ployes- is contrary to the fact.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
lSeaL1 Clerk Supreme Court.