davidaulloa/AmericanStories huggingface dataset:
The Richmond Virginian. (Richmond, Va.) 1910-1920, 1914-10-11
THE STATE FAIR AND GOOD ORDER.


TIE Virginia State Fair for 1918 has come
II close 1t was characterized by many nota-
~ natures Of exhibits, attendance quality OF
sn&srtainment and successful management For
N Of these. and others we cannot enumerate,
~ congratulate the management of the Fair
Association.
Upon thing especially does The TirGininn
Geeira to comment. That feature was the good
afdss OF the crowds that went day after day to
- the exhibits and enjoy the entertainments
prspared for them.
Tor several years The Firginian has expressed
the belief that the order at the Fair would be
eraa&ly benefited by the abolition of the sale
n lIouoy AZ the grounds. This year the direc-
4ors OF the Fair saw fit to concur in this opin-
~ Now that trial has been given the policy
<hAt liquor should never be sold at this exhibit
13en. We think the citizens of Richmond and
q Virginia who are familiar with conditions
{Ank have existed in previous years will bear us
1T IN the assertion that the order at the Fair
eEuands this year infinitely better than in
~ previous year There was marked de-
1rsase In drunkenness. This WIS regardless of
me fact that within a rides distance wero
III saloons where liquor was sold under state
Aatthorlty Now. IN view Of these facts, II is not
f0ae0nAble for any man to contend that condi-
t1ons were not bettered by the absence OF legal
tDHd saloon
There was far less drinking and far better
crdef this year than for several years. The
noaace records bear out this contention. and all
u this happened right here in the city Of Rich
n1cud Va where all have equal knowledge
ma equal opportunities to testify on the basis
of that knowledge. The dry Fair was success
ana We are exceedingly glad Of It.
The Richmond Virginian. (Richmond, Va.) 1910-1920, 1914-10-11

/ he Roanoke Times is greatly disturbed over
the latest program laid out by the Ant-Saloon
League OF Virginia. For the hrst time in his
tory the doughty editor Is not satisfied with the
length OF the program His trouble has usually
been overanxiety lest the League get too much
Now his concern is lest they be not given or
dc not ask enough verily-but we refuse to
moraize.
The Richmond Virginian. (Richmond, Va.) 1910-1920, 1914-10-11

How entirely disingcnuous and essentially dis
honest was the Republican attack the emer-
sency war tax measure Is shown by figures
revealing the decreases in customs receipts for
the current fiscal year.--Richmond Times-Dis-
patch.
Now verify our wet Republican brethren have
cause for complaint. but we do not fear any
great eruption over this outbreak. In the nrst
The Richmond Virginian. (Richmond, Va.) 1910-1920, 1914-10-11

An American aviator is alive after fall of a
hundred feet in Lynchburg and great space is
given the incident, while In Europe every day
some aviator falls to an unknown grave with
only the ofhcial war record to mark the In
cident
The Richmond Virginian. (Richmond, Va.) 1910-1920, 1914-10-11

Editor vi~gnian:
Sir.-Rcriying to letter of E. T. Irwin in your
issue of October 8. / beg to say that there ts
inst such arrangement he suggests -.
The s. s. Kroonand has been chartered by
some en.erprising gentlemen to leave New
York in January and the co-ope Grafton of mer-
chants and manufacturers Is welcomed.
Further particulars will be furnished If de-
sired by the Richmond Transfer company, this
city
Respectfully yours,
c. o. ALLEY,
Richmond, Va Oct 9, 1914.
The Richmond Virginian. (Richmond, Va.) 1910-1920, 1914-10-11

place. It comes from their own choice oracle,
and in the second place. political capital cannot
now be made OF II to defeat prohibition.
The Richmond Virginian. (Richmond, Va.) 1910-1920, 1914-10-11

The Athletics were handed the little end of
the Deal yesterday.
The Richmond Virginian. (Richmond, Va.) 1910-1920, 1914-10-11
tertainme1t.

Bankers may safely bank on Richmond en-
tertainment.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-05-12
LINCOLN HISTORY At ODDS.
Conflicts as to Where the Gettysburg
Address Was Written by Him.

We are told in history that Mr.. Lin
coin wrote his Gettysburg address
while on the car going to that place.
An interesting book, THE Perfect
Tribute" before us. says:
ACROSS the car the secretary of
state had just opened a package of
books and their wrapping of brown
paper lay on the floor. torn carelessly
in zigzag. The president stretched
q long arm.
'Mr. Seward. may 1 have this to
do a little writing?' he asked. and the
secretary protested, insisting on fnd-
ing a better material
"But Lincoln, with few words.
had his way, and soon the untidy
stump of a pencil was at work"
So, according to Mary r. s. An
drews and other authorities, the Get
tyBburg address was written. But we
have a different story from ]. A. Sam
pie, a son-in-law of John D. Defrees.
who was government printer under
Lincoln and a warm personal friend
Of the president. Thus Mr.. Sample
speaks:
Weeks before the ceremony at
Gettysburg Mr.. Defrees was sent for
one night and asked into a room
where Mr.. Lincoln awaited him. After
locking the door. the president took a
paper out of his pocket and said,
John, I want you to read this care
fully. and makee any changes your
judgment dictates That paper was
the famous Gettysburg speech. After
reading 1t, Mr.. Defrees handed it
back with the Injunction, Mr.. Presi-
dent, don't change word OF tit Is
perfect
Isn't it strange that history should
make such a muddle of interesting
events Nike this. But there is one
thing that stands out as plain as a
mountain and that is, that however
Written. the Gettysburg address is d.
Y1nN-Ohto State Journal
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-05-12
SUPREME COURT SYLLABI.
Published In The Topeka State Journal
May Ia, 1914.1
N. 18,713
Mary Bishop Phillips. Appellee.

Appeal from jackson County.
AFFIRMED.
Syllabus. BY the Court Porter, ].
1. Modern courts have shown a tend
ency to depart from the old rule that
there can be no specific performance of q
contract except for the conveyance OF
part performance, and especially where the
services rendered are of a peculiar char
acter which the parties never intended to
courts recognise no distinction between
personal property and real property and
will grant relief in either case where
there are no circumstances or conditions
which render the claim inequitable.
In this case the testimony Is held
sufficient to sustain a finding that writ
ten contract was made for the benefit OF
between her father and childless neighbors,
husbands and wife. by which sne was to
be received into their family as their
was to receive at their death all their
property; that she had fully performed
her part OF the contract; that the hus-
band died intestate; that the VIE after
prperty to the defendants, and therefore
a decree for specific performance OF tho
contract against the devfsees ana nefrs n
3. Where one who was in possession
of a written contract testified to It's loss
and there was no objection to testimony
sround that a sufficient foundation had
not been laid. the only objection being
that the same was incompetent. the OBJ
lection was properly overfuseo'
Attest: D. A. VALENTINE.
TSeaI1 Clerk Supreme Court
No. B,5ss.
william Zuege. Appellee.
Tn. Nebraska Mortesge Company. ct al.
(CharJea r. Gibson and Albert E. King,
Appellants.)
Appeal from Cheyenne County.
AFFIRMED.
Syllabus BY the Court Smith. J.
Where one takes q deed to land which
il encountered by q mortgage but does
not assume or agree to Pay me NOR o,,seatst.
between him and the holder OF the mort-
gage and he owes no duty to the noloer
Of the mortgage to pay the taxes on the
deed to the land which will extinguish
the rights of the mortgage holder therein
IL the land be not redeemed ana no ac-
mortgage to set aside the tax deed within
five years from the issuance thereof.
An the justices concurrins-
Attest: d. A. VALENTINE.
fSeal.1 Clerk Supreme Court
John Macketta. Appellee.
The Missouri. Kansas 4 Texas RAILWAY
Company, Appellant.
Appeal from Cherokee County.
MODIFIED.
Syllabus. BY the Court Johnston: c. }.
The facts brought out in the evidence
are held to be sufficient to uphold the
findings of the jury that the owner and
operator Of q coal mine failed to exer-
else the care required by the statute pro-
viding for the safety Of persons employed
in coal mines to zee that ~ the miners
advanced the excavations all loose coal.
slate and rock overhead were secured
against falling ON travelling ways and that
was injured.
An the justices concurring.
Attest: d. A. VALENTINE,
rSoaLl Clegk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-05-12
STALLION.

FOR SERVICE, the purebred stallion.
Jim Sunday 54794. state license No. 4z9o'
son Of Constantine 2:12A, dam by White
foot PISA. Handsome. A blue ribbon
winner. Extra well bred. No better
stallion anywhere. Service fee SIS Ref
erence required Inspection cordially in
vited. H. J. Covell, owner. Barn No s.
Fair Grounds. Phone 3&s1.
FOR SERVICE. Shetland pony. Can
barn, fair grounds- r. T. KreIpe-
Phone 1A0-R
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-05-12
No. 1881.
James w. Burchfield. Appellee.

No. II. 641
James w. Burchfield. Appellee,
August BrinkmAn, and Anna Brinkman.
Appellants
Appeal from STAFFORD County.
REVERSED.
Syllabus. BY the Court West, J.
1. In an action on the covenants of
warranty in . deed conveying certain
hotel property possession Of which was
withheld by the vendors tenant who
claimed to be in for term Of years. but
who was in fact a mere tenant from
month to month It IL held that the meas
ure of damages was the loss occurring
to the plaintiff as the natural. direct and
practical result OF the breach which
would include the necessary and reason-
able expense of q forcfble detention action
which the plaintiff had brought to obtain
possession, the attorneys fee therein, and
also what the possession Of the tenant
was fairly and reasonably worth.
2. A lease for term Of years with An
option to remain for another like period
provided the terms and conditions are
satisfactory to both parties, II not avail
able by the tenant when the landlord AZ
the expiration Of the term Informs him
that the lease win not be renewed that
q sale OF the property IL desired ana he
can remain only ~ q tenant from month
to month.
An the Justices concurrfng.
Attest: D. A. VALENTINE. =
(seaLl Cisrk supreme. Ccasx
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-05-12

@~~~~~~~O~~~S~ -~S-~--~~~~~~>ec~~-N~
J. z. Thompson and wife to T.. B..
williams, lots 644-46-4S Bollee ave.,
blk. T. NJ. e. d. add. ]
Bank Of Topeka to A. Braem. lot al
Michigan ave-. Highland Park. "
J. 8. Buckner and wife to E. e.
Barker. ut. NV " 5-12-16. ...........
J. Manning to w. 1. Jamison. " Int
In. pit. e. n 36-11-16.. 150
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-05-12
No. 4,40.
Ahco 0oldfe Chandler. Appellant,

No. 141s1.
Ance 0oldie Chandler. Appellant,
Levi Z. Chandler. Appellee.
Appeal from Chase County.
syllabus. 81 "a cos ~ wet .
a Judge from another district was
~ the parties agreed upon ~ judge pro
lem lem 70 " their case. and proceed to
reco8nixed as judge pro tenn. No oath
Wa taken and 1t does not appear that the
E19ier judge was absent or disqualified.
uSs was proper and legal method Of
seleclne Judge pro tenn and the decree
rendered by him was valid.
Ssec q. Art b that provision be made
oy law Tor the selection by the bar Of
:. pro tenn judge when the regular judge
clude the legislature from providing other
methods Of selection.
In cases occurring before chapter 24s
OF tho Laws OF 1913 took effect a motion
for new trial need not necessarily be
granted by q judge who has succeeded
the ono Who tried the case unless such
motion involves the examination and
weighing of evidence and the credibility
Of witnesses.
All the Justices concurrins.
Attest. D. A. VALENTINE,
tseal1 Clerk Supreme Court
No. 1854
Frank Pierson. Appellant
va.
7. J. Holdridge. Jr., Appellee
Appear from Kingmsn County.
syllabus By the Court. Burch. +.
l. In an action for false representation
BY an officer of a milling company that
he had authority to bind the corporation
by contract to employ the plaintiff for
me by way OF settlement Of q claim for
personal injuries. the measure Of dam
ages Is the loss occasioned tho plaintiff
through the failure to secure a valid con-
tract and not the value Of the claim for
personal injuries.
of authority to make q contract is found
ed on tort. 1t il essentially an action for
deceit, ana the statute of limitations does
not commence to run until discovery Of
All the Justices concurring.
Attest: D. A. VALENTINE,
(Seal.1 Clerk Supreme Court.
No. 1900.
C. E. Woods. Appellee.
Va.
g. L. Nicholas, Appellee. and L. W. Park
er. Appellant
Appeal from Seward County.
AFFIRMED.
Syllabus. BY the Court. Johnston. c. J.
I. Amendments for the purpose of cor
rectinz mistakes or defects in pleadings
stantially change the claims or defences
of parties should be literally allowed.
The averments of the amended petit
ton examined and held to state q cause
of action for the deceit and fraud of the
defendant.
5. A mere putting statement by the
seller as to the quality Of an article sold
or EXCHANGED Is generally regarded as an
expression of opinion and Of itself does
not constitute fraud as against the buyer.
l. It Is a general rule that II an article
is sold for any and all purposes for
which 1t is adapted and not by manu-
facturer or producer for particular pur-
pose and It is open to inspection by the
buyer the rule of caveat emptor applies.
All the justices concurring.
A true COPY.
Attest: ID. A. VALENTINE
r0ao11 CLARK Srlnreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-05-12
FOR saLE-HoRsEs. COWS.

ONE big work horse. $50; one big mare.
$50; one driving horse. $50; one drfyinR
horse. SIS; one good delivery horse, SIS:
also Is head Jersey cows. to years old
fresh and coming fresh soon.
o. N. HIMELBERGER
Phone e62 406 Fillmore
THREE fresh Jersey cows; good ones:
price right rs Adams. Phone 377s.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-05-12
LOST AND FOUND.

IOsTLOne certificate, No. 1852. for ten
shares Of stock in Series No. IS c OF
the Shawnee Building and Loan Associa-
tion issued to F. M. Newland. Payment
has been stopped. Finder please return
certificate, II found. or notify said as
eociation at us West Sixth street. To-
peka, Kansas.
IOST-Watch and chain on Western ave.
between End and Bird. Reward. state
journal Business Office.
REWARD for kodak found on asylum
car Sunday. 202 East 9Th.
LCST-Bunch of keys. Finder leave at
s16 Kansas ave-. upstairs. Reward.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-05-12
D. A. VALENTINE.
Clerk Supreme Court.
No. 1884,
Inc First Methodist Episcopal Church Of
Strong City. Appellee,

No 1882
The First Methodist Episcopal Church Of
Strong City. Appellee.
Jacob North, Appellant.
Appeal from Chase County.
AFFIRMED
syllabus. BY the Court Johnston. e. I.
!. Upon the refusal of a vendee to com.
ply with a contract to purchase property
one OF the remedies available to the ven
oor is an action to recover the fruifs ~
MS 6arsafn-the loss which he sustains
oy the nonperformance OF the vendee.
2. Ordinarily in such a case where fh>
title remains In the vendor and the money
N the vendee the measure of damages is
the oinerence between the contract price
occurs. 'o o'e@c"
3. When the property is resold within
reasonable time after due notice to the
venoee ana Tor the highest price which
can reasonably be obtained by the vendor
the price on resale Is deemed to be prinna
iacia evidence of its market value
4. An instruction that the measure of
damages Is the difference between the
contract price and the price on the re-
SAFE where the vendor used diligence to
oDtain the highest possible price for the
property but II the vendor did not do 80
tnen the measure would be the differences
between the contract price and the mar
het vaiue OF the property can not have
pie!uoiced the vendee where It appeara
that the jury found that the hiRhesf mice
was not obtained by the vendor and that
the extent OF the damages was fired IN
inc oasis OF market value ana not on the
price obtained at the resale. ~ -''e
All OF the Justices concurrfnR
Attest: D. A. VALENTINE.
lSeALJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-05-12
wv A N I. s..
AND MISCELLANEOUS ADS

ADVERTISING RATES: The rate Tor
Inserting Want Ads In The Topeka state
Journal il one cent a word each inseruon.
minimum 10 cents; by the week cents
. word. minimum 80 cents
COUNT THE WORDS Of your Ad, m
GLIDING four words for State Journal a.
dress when such address 10 used; COUNT
each 'initiar' letter and each number or
eombination Of figures as one WORD:
CLOSING HOUR: Want Ads 70 -
classified properly in The Topeka SeeeS
Journal must be in The State Joufn1'
onsce before 12:l6 o'clock. Want Aoe ~
celved after that hour will be inserted un,
DER the heading: '"Too Late to Ciass1y'
or next day as desired.
OUT OF TOWN advertisements must ne
accompanied with cash or check IN 1un
payment for the same. Note the 1ore80-
Ing instructions about counting the words
and the rates per word for The Topeka
state Journal.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-05-12

No l91Se
The state Of Kansas. Appellee.
swan Johnson. Appellant.
Appeal from Saline County.
syllabus. BY the Court. Weet. r.
l An information which instead Of fol-
IN defendant feloniously. willfuiIy, de-
noerateiy. premeditatedly and with malice
eIofethought made an assault upon thu
csecee,sd with intent feloniously. willful-
y. aennerately. premeditatedly and with
MIN. and did then and there with 4 loaded
sun ieioniously. willfully. premeditatedly
s sn1 with malice aforethought shoot and
ne instantly died-ie held TO cBntain An
the the essential elements of murder In thu
st 1 6eereS including elaboration.
Inc sole defense was insanity and
the defendant introduced the evidence Of
= 80 are numner OF witnesses on that sub
{~r.; A a correctly charging as to the
tons of Innocence sanity and The nst1,rel
structed: '''e SoSe sll
1T devolves upon the defendant. there-
Tore, in the first instance to rs;.e fhs
question. But a defendant In n cri,,,,nai
case Is not required to prove his INSANITY
der to avail himself Of thai Sefsr.a IN or, or,
mLerely 70 create reasonable doubt on
tMs point, whereupon the burden Of prov
ing MS sanity falls upon the state. And
y upon the whole of the evidence intro
ouced on the trial. together with all the
ieg9l assumptions applicable to the case
unoer the evidence, there should be 8 rea-
sonaoie doubt as to whether the defend
ant was at the time OF the shooting sane
OF insane; with respect to the particular
act charged against him. he must be ac-
Quilted" Held, that in view of the COR
rectnees of other Instructions and the
TACT that tho defendant had Introduced
much evidence touching his claimed in
sanity no substantial prejudice resulted
from the use OF the language quoted
g. The following was also given:
Tne jury should then first consider this
question of insanity-this defense Of IN
sanity. and II you should say that it
tnat Is to say. If you believe from the
evidence that at the time of shooting. the
oefendant (was) laboring under such de-
rect or reason from disease of mind as
not TO Know the nature and quality OF
the act he was doing, or IL, he did not
Know IT. that he did not know what he
vas doing was wrong, you should acQuit
nun: put II you should believe. that under
the instruction I have given you he
should be held responsible. Won should
then turn and determine more exactly the
nature Of the act ITSELF" etc.
Held. that in view of the entire charge
tnas portion was not 30 misleadiux as to
cause the jury to lose sight of the rule
tnat II was only necessary in order for an
acquittal that they should have a reasori-
able doubt as to the sanity of the de-
PENDANT.
Johnston. C. J., Burch, j., Mason. J..
Porter. j. and Benson, J., concurring
smith. ]. and West, j.. dissenting
true copy.
Attest: D. A. VALENTINE.
tSealJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-05-12
NEUTRALITY-SUSPICIOUS..

WANTED-STTOAT1
SETTLED steady man. 43 years OF age,
wants job Of some kind in Topeka; have
followed carpenter trade. farming, saw
milling and grocery business. Address
b. B., Journal.
CAN YOU USE a trained mind in your
business? Have had 20 years experience
in newspaper and printing work; wish to
change. Address Jim State Journal.
WANTED-Work by the day and bundle
washing. Phone 2917 Black.
WANTED-By young man student, place
to work for board. Phone 666-W.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-05-12
d. A. VALENTINE.
Clerk Supreme Court

No. 1880
Manhattan Wholesale Grocery Companv.
Co-partnershfp. Appellee,
The westchester Fire Insurance Com
pany, Corporation. Appellant.
No. 1851.
Same, Appellee.
The Northwestern NatinaI In.ur.nc.
Company. Corporation. Appellant.
Same. Appellee.
The American Insurance comn.nv .
Corporation, Appellant
No. 1888.
Same. Appellee,
va.
Inc FRANKLIN Fire Insurance Company.
Corporation, Appellant
Appeals from Riley County.
AFFIRMED.
Syllabus. BY the Court Porter. T.
1. BY stipulation between the paftiea
-FOUR separate actions on policies Of insur-
ing the same property were consolidated
and tried as one case. The Jury returned
verdict for the full amount OF the loss
which the court apportioned among the
iation together with the acquiescence OF
the parties in the procedure, and their
faliure TO request the court to REQUIRE
separate ve<dicts. constituted a waiver
Of any error that might be urged against
the rendition of q general verdict.
2. Attorneys fees in actions against in
surance companies are by statute (Geu.
Stat. 1909. Sec. 1859 allowed as part Of
the costs. and the court may hear evil
dence and allow the same after the re-
turn of the verdict.
All the Justices concurring:
A true copy.
Attest: d. A. VALENTINE,
lSeal.J Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-05-12
WANTED MALE HELP.

MEN WANTED TO learn the barber trace.
No limit to terms: best and latest moth
while learning: tools given absolutely free
With the lowest tuition ever offered. Call
or write Topeka Barber College. ~ Kan
sas ave-. Topeka. Kan.
,z,ar4h edvance r. sI50 LIE iob ZOO
appointments coming Topeka examine
tons soon. Sample questions free. Frank
lin Institute, Dept Ism. Rochester. N. y.
RAILWAY MAIL CLERKS. CARRIERS.
wanted. Good pay. Fine positions. Pay
for instructions after you receive position.
Plan. Apply Liberty Institute. Rochester.
N. Y.
WANTEDDGood painter. Call 1765 Black.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-05-12

No 1888.
Laura B. Schrfbar. Appellee,
VS..
John M. Maxwell ct al, (John NJ. Max
well, Appellant.)
Appeal from Lyon County.
AFFIRMED.
Syllabus. BY the Court Johnston, G. J.
( 1. In an exchange Of a farm for other
property 1t was found by the jury that
false and fraudulent representations were
made to the owner Of the farm as to the
character and value Of the property ex-
changed for the farm and upon which
its owner relied and 1t is held that the
testimony in the case ts sufficient to up
hold the findings Of the jury.
2. The court is justified in striking
from the record scandalous and impert-
inent affidavits ordered in support Of a
motion for q new trial.
3. Ordinarily a new trial will not be
granted on account Of new evidence which
only goes to the general reputation Of q
witness for truth and veracity or which
merely discredits him or impeaches his
character.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
ISeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-05-12

do solemnly swear that the above
statement IL true and correct to the best
Of my knowledge and belief.
MATT WEI9HTMAN JR
County Treasurer.
Subscribed and sowrn to before mo this
9Th day Of May, 1914.
Iseai] o. X. sWAYzE,
County Clerk.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-05-12

MISCELLANEOUS.

REGISTERED Jersey bull for service.
Fee 500. #. b. Crocker. one mile south
city ON Kansas ave