davidaulloa/AmericanStories huggingface dataset:
The World. [volume] (Martinsburg, W. Va.) 1912-1921, 1918-11-21

West Virginia. in Deed Book No. LIS,
page 16, to which said deed refer
ence is hereby made for a more COM
plete description of this said property.
The interest of the said George Ry-
neal Jr., in this said property is a
one-eighth part thereof, and reference
is hereby made to the various deeds
and the Bill and Exhibits filed in the
above entitled chancery cause for a
more complete description of this said
property.
Prospective purchasers are respect
fully invited to make an examination
of this real estate, and upon applica-
ton to the Commissioners, arrange
ments can be made to examine care
fully into this property.
THE farm and tract designated above
as No. 2, being the farm owned by the
late George Ryneal. Jr, and general
ly known as "Honeywood" or Burnt
House Farm" will be offered for sale
with the possession of said farm to be
given to the purchaser on March 81,
1919, and the landlords share of the
crops now planted and which may be
planted during the year 1918 are re-
served.
TERMS OF SALE as provided b
The World. [volume] (Martinsburg, W. Va.) 1912-1921, 1918-11-21
ROME GIVES KIM,
JOYFUL WELCOME
CROWD UNHlTcHEs HORSES AND
DRAWS HIS CAR
RAGE.

ROME. Nov Is. No Roman EN-
peror returning from his conquests re-
ceived such universal. spontaneous
welcome as that accorded King Victor
Emanuel Thursday morning after
having been constantly at the front
for the last AZ months.
The vastness of the welcome was
only equalled by the simplicity of the
kings entry The king and three Of
ficers of his personal staff alighted at
the railway station. still wearing their
uniforms, having come directly from
the front. The party entered an open
carriage, but the multitude unhitched
the horses and drew the carriage down
the Avenue Nazionale ell route to the
Quirinal. Solid masses of humanity
lined the streets. alternately crying
and cheering. The municipal authori-
ties had decreed on Wednesday that
Thursday should be holiday and that
public services be held in honor of the
kings return.
The enthusiastic populace BROKE
through dozen horsemen forming
"a royal body guard and followed the
carriage ON foot.
Upon their arrival at the Quirinal
practically the entire population of
Rome lined up throughout the day to
catch a glimpse of their beloved ruler
Every hour the king would come out
upon the balcony and greet the people
massed in the square outside,
The World. [volume] (Martinsburg, W. Va.) 1912-1921, 1918-11-21
THANKSGIVING
PROCLAMA TON
Blu THE GOVERNOR

States, a ongestab
November 2S 1918 day
Thanksgiving being
several likewise their
proeamaous designating that day legal holiday therefore
November,
Thanksgiving holiday within the State West
Virginia
setting apart day year events
praise thanksgiving Almighty
thanksgiving and potential
formation of Government After
War which has been
participant by compromise or
which
relied upon upon the sword
all Perfect Gifts
lie
guidance the the New Day
conditions which
live thereby promoting social and indus
all people.
In
hand Seal the be
(SEAI0
the Capitol IN the City OF Charleston
eighteenth November
thousand hundred and
ghteena and o
j. CORNWEIL, e
Governor:
HOUSTON YOUNG, Secretary of
The World. [volume] (Martinsburg, W. Va.) 1912-1921, 1918-11-21
STILL OBTAIN
ON ALIEN PROPERTY

A Mitchell Palmer, alien property
custodian in statement last night
said the signing OF the armistice did
not change his functions or effect his
policies in any way
The United States and Germany
said Mr.. Palmer, ARE still at war, and
the trading with the enemy act is
still in force. The alien property Gus
todian will therefore, continue to
perform the duties which that act
lays upon him, and will carry out the
evident intent of the. Congress with
relation to enemy property until final
peace shall come.
As long as the trading with the
enemy act is in force, it REMAINS the
duty of all persons having the GUS
tody or control of enemy property in
this country to make report thereof
to the alien property custodian
The World. [volume] (Martinsburg, W. Va.) 1912-1921, 1918-11-21
FEEDING VALUE OF SOY BEANS

The feeding value of soy bean seed
which contains from 80 to IS per cent
protein, is very high and compares
fayorably with other concentrated
feeds. The growing Of soy bean seed
will enable the farmer to produce at a
moderate cost at least part of the high
protein concentrates necessary for
stock feeding and milk production
When fed to sheep and hogs the beans
can be fed whole, but in general it is
preferable to crack or grind them.
Practical experience has shown that it
is necessary to mix the beans with
corn or peas first and then grind to-
gethers insS meal Owing to the high
content Of protein, soy-bean seed
should always be fed in mixture with
a less concentrated feed.
The World. [volume] (Martinsburg, W. Va.) 1912-1921, 1918-11-21
NOTICE TO TAXPAYERS

?: This is to call attention to all those
who have not paid their Corporation
Taxes to call at once and do SO before
the PENALTY AND PER CENT is
added BY raying 1918 taxes before
January 1st you only pay the face of
the bill Please call at once and get
your tax bill. On all back taxes after
January 1st, the payment will be Ell
forced by attachment or otherwise ac-
cording to law.
G. NJ. LAMAR,
II II % 20 City Sergeant.
The World. [volume] (Martinsburg, W. Va.) 1912-1921, 1918-11-21

A Victory Song" in which every
man, woman and child in America is
to be urged to join on Thanksgiving
Day is proposed by the National Coun-
ell of Women. headed by Mrs. Philip
North Moore of st. LOUIS. The coun
Gil is to invite all America to join in
singing The Star Spangled Banner
at o'clock Eastern time, on the af
ternoon of the great American holiday.
The World. [volume] (Martinsburg, W. Va.) 1912-1921, 1918-11-21
w. c. KILMER
H. H. EMMERT.
]. NEVIN KInrER

State of West Virginia,
County of Berkeley, to-wt:
IL. Dew. Gerhardt, CLERK Of tho
Circuit Court of Berkeley County
West Virginia, do certify that W G
kilmer, one of the Special Commits.
sioners appointed in the case Of CieorgA
F. Muth, ct al, VS. Elizabeth NJ Ninth.
ct al, has given bond as required BY
the order of the Court.
L. Dew GERHARDT.
Clerk, Circuit Court of Berkeley Conn.
:, ty, West Virginia. 10 81; ll7l4N
The World. [volume] (Martinsburg, W. Va.) 1912-1921, 1918-11-21
NOVEMBER 20, 1918, !

~ WY [N PLn 81, 1910
commencing at 100 o'clock p. M, real
estate of which the late George Ry-
neal died seized and possessed in
Berkeley County. West Virginia, as
follows:
l. Residence property. Those two
certain tracts or parcels of real es-
tate which were conveyed to George
Ryneal, Jr, by deed from j. w. Nc
Sherry Executor of John Maxwell de-
ceased, under date of October 3, 1908,
and recorded in the Office of the Clerk
of the County Court of Berkeley Ceun-
ty, West Virginia, in Deed Book No.
106, page .53r53, and; from Elizabeth
w. Gary, and others, to George Ry-
neal, Jr,s by deed dated the 18th day of
September 1904, and recorded in the
Office of the Clerk-of the County Court
of Berkeley County, West Virginia, in
Deed Book No los, pages 74-75 The
two tracts above noted fronting about
sd feet, more or less, on W. Burke
Street, and extending back an equal
width of about 200 feet, more r loss,
to an alley. This property was the
late residence of George Ryneal, Jr.,
and is improved by a good. well-built,
three story brick house, containing
ten rooms on. the first and second
floors, and two finished rooms on the
third floor. This is one of the most
substantial and best built houses in
Martinsburg, West Virginia, contain
ing bath room, steam heating appar-
atus, fire places, concrete cellars I'M
der the whole house, electric and gas
fixtures, concrete sidewalks, and all
modern, up-to-dats improvements,
This property is centrally located, and
is ore Of the most handsome resi-.
dences in the city. .1......
A reference is hereby made to the
deed hereinbefore noted and prospec
tive purchasers are respectfully invit
ed to make an inspection of this prop
erty
2. That certain tract or parcel OF
land situate lying and being in Fall
The World. [volume] (Martinsburg, W. Va.) 1912-1921, 1918-11-21
SPECIAL COMMISSIONERS SALE
OF VALUABLE CITY PROPERTY
AND FARM OF THE LATE
GEORGE RYNEAL, JR.

By virtue of the authority vested
in the undersigned Special Commits
sioners of Sale under the orders of
the Circuit Court of Berkeley Coun-
ty, West Virginia, entered in the
chancery cause of George F. Muth, ct
al, VS.. Elizabeth NJ. Muth, ct al, pend
ing in the Circuit Court of Berkeley
County, West Virginia, and entered
on Oetoberj5 1918, and October IA,
1918 they will offer for sale at the
front door of the Court House in Mar
tinsburg, Berkeley County, West Vir-
The World. [volume] (Martinsburg, W. Va.) 1912-1921, 1918-11-21

the decree: one.third OF che parcb.s.
money to be paid in cash on tho as
of sale, and the residue IN va -,
annual payments due in one and ,.
years from date of sale. with infer,
from day of sale, the purchaser or mn.
chasers to give their notes for n, :.
ferred payments. and the titIs IN ~
tanned until all of the purchase rnon.-
has been paid. The purchasers how
ever. may anticipate the deferred nov.
ments by paying all in cash. IL tbev co
desire.
The Topeka state journal., 1918-07-13

LEGAL

on the motion had been invited by. the
to be present at the taking of the testi-
mony were waived.
6. motion for a change OF venue on
the ground OF prejudice OF the judge held
to have been properly overruled.
Z. stipulation was made by the county
attorney for the taking of dispositions in
behalf of the defendant in a murder case.
a waiver of the regular procedure being
included An attorney designated by the
gave notice that while he would try to be
represented at the taking Of the deposit
tions. If he failed in that he would chal-
lenge the validity of the stipulation, on the
ground that It was collusive and unau-
thorized. The dispositions were not taken.
the defendants counsel giving a reason
that they could not be filed one clear day
before the time and therefore could not
be used except by agreement. A contin-
uance was asked on behalf of the defend
ant to enable him to procure the evidence.
Held, that 1t was fair question for the
trial court whether IL should be granted,
and its refusal did not constitute error.
s. Rulings of the trial court sustaining
the competency of challenged jurors held
not to have been erroneous.
9. Rulings admitting evidence held not
to have been constituted reversible error.
10. Rulings excluding evidence held not
IL The argument of counsel for the
prosecution held not to have SO far trans
gressed the prophecies as to require new
trial.
All the Justices concurring
true copy.
Attest: D. A. VALENTINE,
(Seal.l Clerk Supreme Court
The Topeka state journal., 1918-07-13
No. 21,6S3.
The State of Kansas, Appellee,

No. q, ,6S3.
The State of Kansas, Appellee,
Joseph Flaherty, ct AL, Joseph FIaherty
and James Daniels, Appellants.
Appeal from Wyandotte County.
(First Division.)
AFFIRMED.
Syllabus. BY the Court. Marshall. j.
L An information which charges that the
defendants conspired to obtain the prop
erty of another with intent to steal the
same; that they obtained possession
thereof by inducing the other to bet $3.50
on a horse race; and that they made way
with, secreted, and stole the $3.50, charges
an offence under section 344S Of the Gen.
eral Statutes of 1915.
2. There was evidence to show that the
defendants, Flaherty and Daniels, were
guilty of participating with their code
fendants in conspiring to steal, and in
stealing, the property of George Roth.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal., 1918-07-13
LEGAL

property rights have been acquired, one of
the partners who holds possession of the
rights and assets of the firm wrongfully
Gusts or excludes the other under a claim
OF sole ownership, and the dealings between
them are not numerous nor difficult of
settlement, the other may maintain an
ordinary action at law to recover for the
wrongful deprivation and conversion with
out having an accounting in an equity ac-
ton.
2 The exclusion of testimony offered
with view of showing the value of oil
leases obtained and held by the defendant.
to the effect that stipulations had been
made when the leases were executed which
were not included in the leases and which
contradicted their terms, is held not to be
error.
g. The rejection of testimony tending to
show the expenses incurred by defendant
in obtaining the leases is held to be with
out material error u der the circumstances
of the case.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE
(Seal) Clerk Supreme Court
The Topeka state journal., 1918-07-13
D. A. VALENTINE.
Clerk Supreme Court
No. 21, ,6S5.
John Carlson, Appellee,

JOHH SdIlSOnp Appclcc,
VS..
The Mid Continent Development Company.
Appellant.
Appeal from Wyandotte County.
division No. IL
AFFIRMED.
Syllabus By the Court. Johnston. c. ].
1. A gas company built its pipeline in
a highway more than twelve inches above
a nuisance, and by reason of the defective
construction a horse driven by the plaintiff
caught his feet under the pipe and in
struggling to extricate himself overturned
the buggy, throwing the plaintiff out and
property Of the defendant passed into the
hands of a receiver after the line was built
and was in his possession when the injury
restored to the company before the trial of
the action begun by plaintiff against the
company to recover damages for the injury.
Held, that the company having negligently
jury, it is liable although the pipe line was
in the control of the receiver when plain
tiff suffered the injury.
2. The building of such structure was
which rendered the party creating 1t liable
without proof of negligence, and the fact
that the court in its instructions placed
the burden upon the plaintiff of proving
negligence did not materially prejudice the
defendant.
3. The admission of testimony that the
receiver moved and buried the pipeline
after the accident did not. under the cir
cumstances. constitute prejudicial error.
4. The refusal of the court to strike out
the testimony of a witness upon the alleged
grounds that 1t was contrary to all of the
evidence on the question and untrue, is
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
tSeal.) Clerk Supreme Court.
The Topeka state journal., 1918-07-13
d. A. VALENTINE,
Clerk Supreme Court.

No. II $50.
The State of Kansas. ex rel. Herbert r.
Ramsey, County Attorney of Reno Coun-
ty, Kansas, Plaintiff.
VS..
The City of Hutchinson and Clay Town
ship, Reno County, Kansas. G. D. Dom
neli, Trustee. p. J. Strandberg. Treas
urer. Guy Swanson, Clerk, The Township
Board OF Clay Township, Defendants.
ORIGINAL PROCEEDING IN QCO
WARRANTO.
WRIT ALLOWED.
Syllabus BY the Court. West, j..
Under the facts stated in the opinion the
presumption that a certain ordinance a adding
to the territory Of the defendant city was
preceded by the requisite statutory pre-
iiminaries will not be permitted to be over
thrown by the claim OF the city to the con-
trary.
Johnston, C. J., Burch, J.. Mason. =.
Porter J., and Dawson. J., concurring-
Marshall, J., dissenting.
true copy.
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal., 1918-07-13
LEGAL


made. which fact was concealed from plain
tiff
8 Where false representations are made
by the president of q bank to customer
OF the bank whereby he is induced to part
with his money and purchase an interest IN
an insolvent business, the knowledge OF the
president of the bank may be such as 10
bind the bank notwithstanding the fact
that he acts also in his own interest.
4. Where, in such a case part OF the pro
ceeds of the fraudulent transaction Is re.
ceived and retained by the bank after it
has notice of the fraud. 1t will be held to
have ratified the acts of its president ana
to be estopped to deny his agency
5. 1t is held upon the facts stated In
the opinion that no prejudice to the de-
PENDANTS resulted from the action Of the
trial court in requiring the plaintiff to
accept the reduced amount of the verdict IN
order to avoid the granting of a new trial
G. There was no abuse of discretion In
permitting the amendment of piaintfffs
rleadings. nor in refusing to direct ver-
diet upon the opening statement Of plain
tiffs conse1.
All the Justices concurring.
a true copy.
Attest: D. A. VALENTINE.
(Seal) Clerk Supreme Court
The Topeka state journal., 1918-07-13
No. 21 ,255.
The State of Kansas, Appellee,

<l,<D
The State of Kansas, Appellee,
Don Van Wormer. Appellant.
Appeal from Hamilton County.
AFFIRMED.
Syllabus. By the Court. Mason. J.
l. In a prosecution for a homicide which
resulted in a conviction of murder in the
first degree the court instructed the jury
that in order to convict they must find. in
addition TO the other elements constituting
the offense, that the defendant killed the
sheriff while he was resisting arrest by
Held. that under the conditions shown the
plea of self defense was not available to
the defendant If he killed the sheriff while
resisting arrest, and inasmuch as the YER
dict necessarily implied a finding Of the
Instructions were followed) that such was
the case, the omission to Instruct upon
self defense was not prejudicial. unless
upon the theory that by reason thereof the
jury may have been led to disregard the
instruction referred to.
2. Held that in such case the omis-
sion to instruct upon self defense. and upon
does not require reversal. because upon
the whole record the verdict appears to be
based upon satisfying evidence, and there
seems to be no substantial probability that
the jury acted in disregard OF the instruc-
tions given. The fact that consta Bile of
the same county had already undertaken
charge of disturbing the peace. and to
deputize two by-standers to guard and
sheriff to arrest him even If the conduct
of the constable and his assistants was in
gOO0 1a1tn. ana tne evidence hardly leaves
i doubt that 1t was collusive-
8. In such a case 1t is not error to in
struct that In every case where one per-
son has a right to arrest or restrain anoth-
er the other can have no right to resist
since the two rights cannot co-exist: and
where a person thus having the right to
arrest another is killed by the latter in
the resistance of such arrest the resistance
Is crime and the killing is a homicide
in the commission OF an unlawful act No
right of self-defense can arise out of such
! circumstances" Such instruction does not
negative the right to resist the use Of un-
due force by the officer. and under the
evidence in this it does not seem like
| iy that the jury so interpreted 1t.
4. The statute authorizing notaries pub
| lie to administer oaths pertaining to all
matters wherein an oath Is required" quail
files them to take the affidavit in verifica-
| tion of an information in a criminal case.
s. Upon the hearing of motion to Quash
| d jury panel In a felony case evidence of
the county clerk was used which was taken
at his house account OF his sickness.
the defendant not being present The. at
| torneys for the defendant were invited to
attend the taking of the testimony. out
| declined. No request to be allowed TO be
/ present was made in behalf of the de-
| fendant nor was any objection made to
| the proceeding until after the testimony
! had been read in evidence, and argument
The Topeka state journal., 1918-07-13
No. 21,529.
The State Of Kansas, Appellee,


W. w. Harris, Appellant
Appeal from Barton County
AFFIRMED.
Syllabus. BY the Court. Johnston. c. j..
l. The testimony of a witness voluntar-
iIy given in an inquisition to determine the
origin Of fire, held by the state fire
marshal or county attorney under an act
relating to protection against fire Claws
1917, ch. 1881, may be used so far as relev-
~ Iu' brought n RUtA against the he witness. tines
2. Such testimony is not deemed to he
Involuntary because given in response to
a subpoena or because a witness refusing
to appear to testify Is subject to pun
fshment nor yet because of the statutory
provision tina. persons shall be present
at the inQuisition except the officers and
that the testimony taken shall not be dis
g. In such an inquisition a WITNESS is
at liberty to claim his constitutional priv
iIege of refusing to give answers that would
criminate himself. the same as in an or0i-
nary action, pnd IL he does not claim the
privilege but thereafter in a prosecution
against him takes the stand and gives testi-
meny in his own behalf he may be cross
examined as to statements and admissions
made In an inquisition before the fire mar
shall.
f. Testimony that other acts of arson
were committed by defendant in order to
obtain insurance. shortly before the setting
mitted to prove the ingredient of inten
of the crime charged.
5. The fact that jury. sent out to
inspect certain premises in relation TO
which testimony had been given, viewed
other premises IN the way. will not vitiate
their verdict unless IL appears that a party
suffered prejudice by the unauthorized
view.
g. The information contained two counts
based on the same act of arson. one charg-
ing the burning of building. and the
other. the burning Of a building and the
The Topeka state journal., 1918-07-13
D. A. VALENTINE,
Clerk Supreme Court.


No. II w.
The Peoples National Bank of Kansas City,
Kansas. Appellee,
c. NJ. Niquette, ct al, Appellants.
Appeal from Wyandotte County.
division No. -
AFFIRMED.
Syllabus. by the Court. Burch. j.
The evidence relating to the coming into
the Jurisdiction of the Wyandotte county
district court of one of the defendants. the
commencement Of the action, and service of
process on him there, and the subsequent
service of process on the Other defendants
in Finney county, considered. and held, no
abuse of judicial process occurred.
All the Justices concurring.
A true copy. -
Attest: n. A VALENTINE.
(SealO Clerk Supreme Court.
The Topeka state journal., 1918-07-13
No. 81, ,417.
o. h. Black, Appellee,

No. 21,417.
o. a. Black, Appellee,
vs.
The wichita Union Terminal Railway Com
pany, Appellant
Appeal from Sedgwick County.
REVERSED.
Syllabus. By the Court Dawson, J.
Where the undisputed evidence and the
special findings of the jury show that a
written contract for the settlement, release
and satisfaction of a claim for damages
was executed by the claimant with full
knowledge and understanding that the
question of his future employment could
not be considered in negotiating and eff
fecting the contract of settlement. an oral
promise of an agent of the wrongdoer as
surfing the claimant of future employment,
which promise was given to induce claim
ant to make the contract but which was not
kept nor intended to be kept. is insufficient
to vitiate the contract Of settlement
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(SeaL) Clerk Supreme Court