davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14

No. q ,195.
The Minneapolis Threshing Machine Com
pany, Appellant,
VS..
Frank T. Nash, Appellee.
Appeal from Mitchell County.
REVERSED.
Syllabus. By the Court. Burch, J.
l. provision in a contract of con-
ditional sale, whereby reservation of title
by the seller was not to be regarded as a
waiver of the buyers obligation to pay
the full amount of the price, considered,
and held to render the defense of failure
ofv consideration after possession retaken
unavailable.
2. A contract of conditional sale con-
tanning the provision referred to consid-
cred, and held to express an obligation to
pay the price. and to be in effect a chattel
mortgage securing payment of the price.
3. The conduct of the seller in retaking
possession of the property sold and in
exercising and invoking his remedies, con-
sidered, and held to be consistent with
the Interpretation Of the contract which
has been stated.
All the justices eoncurring.
A true copy.
Attest: D. A VALENTINE,
(Ssal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
No. 21.3J7.
The State Of Kansas, Appellee,


J. L. Schroeder. Appellant.
Appeal from Sedgwick County.
Second Division.
AFFIRMED
Syllabus. BY the Court Johnston, C. },
1. Objections to the exclusion of testf.
moDy can not be considered on review
where the offered testimony IL not Brought
to the attention of the trial court on the
motion for a new trial as the code re-.
quires.
2. Criticisms by the trial court of things
said by counsel in his opening statement to
the jury are not available as error where
the statements are not preserved IN the
record.
3. The general rule is that the right Of
self defense does not imply the right of
attack and one who IL the aggressor and
who provokps or brings on on ARRAY in
which he kills or inf1icts bodily harm to
his adversary. or who produces the oc-
casi0n which makes 10 necessary for him
to commit homicide inflict the injury.
can not Justify his act on the plea of self
defense
4. Challenged instructions on The SUBJ
ject Of self defense examined and Held not
to be fpjuiieially erroneous
3. Verdict based on sections ~ and AZ Of
the Crimes Act are Held not to be Invalid
because no degrees Of the offense commit
ted were specified In II.
| All the justices concurring
trne copy. ..
Attest: n A. VALENTINE
{SeaL) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
No. 21,734.
Rose Rennolus, Appellant,

No. 21,734.
Rose RennOlus, Appellant,
vs..
W. F. Guthrie, ct al, Appellees.
Appeal from Morris County.
AFFIRMED.
Syllabus. By the Court. Dawson, J.
1. Rule followed that where court has
Jurisdiction of the subject matter of an
action and has Jurisdiction of the parties
thereto, its orders and judgments as to
all matters involved in the action are final
and conclusive unless corrected or modi-
Fled on appeal; and such matters cannot
be redtigated by the parties in an orig
fnal Proceeaing before another tribunaIA
?. DuriNe the tendency of foreclosure
proceedings in the federal court, receiver
was appointed for plaintiffs real estate.
The receiver collected the rents not only
during the. tendency of the foreclosure
proceedings, but during the eighteen
months redemption period thereafter. All
these rental moneys were delivered by the
receiver to the clerk of the federal court
and the latter paid them out as ordered
by that court. HELD, that an independent
lawsuit cannot now be maintained in a
district court of this state to recover any
part of these moneys, as the parties and
the subject matter were under the juristlic-
ton of the federal court, and its judg-
ment, unless corrected in that court or by
appeal therefrom is final and conclusive.
All the justices concurring.
true copy.
Attest: d. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14
No. 21,691.
e. c. Zeigler, Appellant,

No. 21,G91.
e. c. Zeigler, Appellant,
Henry Dusto and Ida II. Dusto, Appellees.
Appeal from Cherokee County.
REVERSED AND REMANDED WITH
]. DIRECTIONS TO ENTER JUDGMENT
FOR PLAINTIFF.
Syllabus. BY the Court. Johnston, c. ].
The mother of child having died, the
father arranged with its grandmother to
care for her for an agreed consideration.
Consequently the father having established
suitable home, and provided for the care
Of his child therein. sought to obtain her
custody, but the grandmother resisted. In
that the father was not unfit to care for
his child, and therefore it is Held that he
is entitled to the custody of his daughter
although the grandmother is greatly at
tached to the child and might give her
, some attentions which the father can not.
All the justices concurring.
A true copy.
Attest: d. A. VALENTINE
(Seal.b Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1918-12-14

Anna N. Markle. Try w. n. Upham, neg
Guardian. Appellant.
vs..
James n. Hiatt. Apneliee.
Appeal from Linn County.
AFFIRMED.
Syllabus. BY the Court. Dawson, J.
1. The evidence examined and held to he
sufficiently clear. explicit and satisfactory
TO support n judgment decreeing the re-
formation ora contract
2. Error assigned in overriding motion
TO suppress deposition Of plaintiff which
vas taken in her behalf. examined. and NOT
sustnfned.
T. The operative Interpretation Of a con-
tract. under which the parties thereto have
acted for many yesrs. IL eofnuetent and
notent evidence where the question OF re-
Forming the contract r. in issue.
All the ire-ices concurrfng.
Attest: D. "A. VALENTINE,
(Seal) Clerk Supreme Court
The review. [volume] (High Point, N.C.) 1908-19??, 1918-09-26

extended to the interarticul0r portions
in such a way as to inclOSe the limbs
in metal greaves; the hands were pro-
tected by an articulated gauntlet ana
the foot by an iron shoe or sOlleret.
The body was still covered by short
ened coat about the length of waist
cOat-called the haubergeOn-and the
whole outfit was known as a char
ness" to which was soon added q steel
corselet. prolonged over the abdomen
by sort Of skirt of interviewer metal
lie rings-the "tasselleS."
InVuInerabIe But Helpless.
Finally. in the reign of Charles VII,
the complete cuirass appears, aug
mented by shoulder pieces and the
gOrget, which united the armor to the
round helmet. The knight was now
practically invulnerable, but so
weighted down and so awkward Of
movement that once dismounted he
was at the complete mercy of his foe.
To lessen his chances of being dis
mounted. therefore, his horse was
equipped with armOr, the tout en-
semble being a sort of medieval tank.
The man on foot. however, needed
greater freedom Of movement, and SO
wore considerably lighter equipment,
namely, helmet, shoulder pieces,
shield, arm and thigh pieces, knee
pieces and a short coat of mail-or
haubergeon-to which was added, in
many cases, an abdominal demicuir-
ass. This equipment may appear
again on the modern soldier practical
1xy hx-f hn In no
reign of Charles VII.
The elaborate armOr of the knight
which. in its completion, had meant
the patient acquisition of centuries
was made useless in the space of some
ten years by the Introduction of gun
powder. AS early as the beginning Of
the fourteenth century, projectiles mad
become capable of piercing the armor
in use at the time. and little by little
the use of such defense disappeared,
the tendency being to substitute fab
rio for metal protection. This gave
birth to the epaulet. horse-tail plume,
the shake and the bearskin cap. With
modern wars. new device sprang up
namely, individual protection by
means of the invisibility of units and
scattered formations. From this orig
| mated the idea of. the service uni
! form.
| Such methods of Individual defense
were quite satisfactory for combat at
great distances; but in stationary
| fighting or in trench warfare it is
quite another matter, and once again
! the question of Individual armor has
arisen, and already we see it's use
in the shape of the steel helmet, the
heavy breastplate worn by the Ger
man soldier, the lighter brea stplate
worn by the English, the armored
waistcoats of the Italians and the
trench shields used by all armies. The
idea of the new armor is not, like that
of the Middle Ages. to- give complete
protection. It is rather to defect than
to stop missiles, and 1t does this with
sheet of metal that would be easily
pierced by bullet striking it at right
! angles.
The review. [volume] (High Point, N.C.) 1908-19??, 1918-09-26

! in this corner of ali ultramOdern city
has labOred tO'-preserve the relics or
those stored centuries when knights
were bold and ladies passing fair.
Now, thanks to him who has kept
alive an art long considered dead. TINS
country is able to benefit by the adj
vice Of an expert in metals, and no
longer does NJ. TachauX labor over an
Gent pieces but bends all his EFFORTS
all his cunning and all his knowledge.
to the making of armOr that can be
worn by the modern soldier - armor
heavy enough to he inVulnerable, light
enough to carry.
Revive Work Of Old Masters.
This question of weight and there
fore practicabiIity of arm0r for the
man on fOOt-the man who makes a
charge-reverts to the time Of Louis
Nv of France. when the use of defen-
sive protection had practically di%Ap-
peared and an attempt Mas made to
revive the steel helmet. Indeed, the
development Of armor from the time
of side arms until the use of firearms
is one of exceeding intereS: at this
| time. in that the government is re-
viewing the work of some of the
greatest of. the old masters in armor
making with a view to reinstatfng the
best and most feasible of the old meth
DDS of defensive protection.
The use of armOr dates back to the
ninth century +. c. and became more
elaborate and complex until the intro
ductiOn of gunpOwder. The helmet was
the first body protection to appear and
was followed by the cuiraSS-the lat
ter being used by the Greeks and RO-
mans and reappearing at the time Of
CharIemagne in the form Of waist
coat made of overlapping metal scales
and Of rather imperfect execution.
What aNorman Warrior Wore.
In the eleventh century, according
to the BayeauX tapestries as well as
the seal OF Richard Occur de Lion, we
find the coat of mail assuming first
the shape of redingOte and later that
of bathing suit. completed by he'll
met cOnical at the nose. This, together
with the use of leather plates on the
feet and hands, constituted the equip
ment of q Norman warrior.
"A
Reims cathedral and the evangelia-
rum of st. Louis (National library)
points to the development, in the
twelfth century, of perfected coat of
mail, q metal combination united with
| the helmet by passe-montagEe of
steel links; the whole, constituting q
hauberks protected the warrior with
the haube-a cylindrical helmet made
Of pieces of forged metal adjusted by
rivets and pierced by two peepholes.
At the beginning Of the fourteenth
century the desire to protect the joints
caused the placing of metal plates at
shoulder and knee. The haube disap-
peared and was replaced by q helmet
Of a type called Bassinet, with a NOV
able visor pierced by holes to permit
sight and ventilation. BY the middle
of the fourteenth century chain afmOr
had disappeared to considerable de-
gree, and plate armor was taking its
place, the plates at the joints being
The review. [volume] (High Point, N.C.) 1908-19??, 1918-09-26

Ihrig went into the basement of the
place and among the rubbish found a
lOng-handled coal shovel.
With this he pried open a window
facing the river, and climbed onto the
twu-fOot dock. BY STOPPING and lean
ing over he was able to land six suck
ers, each foot long. with the shovel
He lost q nice buIlhead.
The review. [volume] (High Point, N.C.) 1908-19??, 1918-09-26
Fishing With a Shovel

FISHING with a shovel is the latest
SfFs p0 develop in Milwaukee-and
na%aH jim the heart of the city, too.
R%~S 1hrfg, proprietor of the saloon
40 Tine east end of the Oneida street
asSNge, which closed, one day, started
xhe new sport the next.
While looking over his former place
SB business he saw a number of fish
Swamn1fng near the surface of the Mil
W@Wkee river, next to his saloon,
The review. [volume] (High Point, N.C.) 1908-19??, 1918-09-26
A Hot One

"My mind to me a kingdom u.s."
launched out the chap who would rath-
er quote than eat.
"Oh, WE'LL" soothed the other, II
shouldn't let that worry me. It's not
In danger of invasion for conquest, at
any rate" y
The review. [volume] (High Point, N.C.) 1908-19??, 1918-09-26
Painful SUGGESTION.

"N1y life is insured for $4,000" said
old CrustibOy, proudly.
"Have you ever discussed with
young Mrs. Cfustiboy the possibility
of your dying some day?"
ooh, yes. Quite often"
"Ahem! And while you were dis
cussing that subject did you ever no
tice q wistful look on her face"
The review. [volume] (High Point, N.C.) 1908-19??, 1918-09-26

finest dishes ever made. The meat is
rather hard to digest, though even If
this were not the case it is doubtful
if it would ever lay claim to rivalry
with ham and eggs or pork and beans.
At any rate it has one big advan-
tage in that it is in no wise affected
by food regulations. and the lover Of
this dist may consume it to his hearts
content without fearing the wrath
OF the food administrator or having
his conscience slnite him for devtur-
ing something that the soldiers couId
Use Or need.
The review. [volume] (High Point, N.C.) 1908-19??, 1918-09-26
Forgot Early Training.

Elbow did Bill happen to be ar
rested?"
LEFT his car in the street all night
without complying with the biblical In
junction"
"Didn't know the Bible made any
ruling on the subject"
"Oh, yes. 1t says, Let your light
shine'" .-- ,-
The review. [volume] (High Point, N.C.) 1908-19??, 1918-09-26
Absurd Idea.

'NTy husband has the queerest ideas
of economy
"Indeed?"
"Why, he actually seems to think
could save money by staying away
from bargain sales"
The review. [volume] (High Point, N.C.) 1908-19??, 1918-09-26
The HorRe.

"Has the automobile put the horse
cut of business?"
"You wouldn't think sO," replied
Farmer Corntossel, "if you'd notice
how much q load of hay is worth"
The review. [volume] (High Point, N.C.) 1908-19??, 1918-09-26
Unappreciated.

Client-After you've let the case
drag along for three years, you've lost
it for me.
Lawyer-That's all the thanks I get
I might have let it drag along for
three years more. .t.
The review. [volume] (High Point, N.C.) 1908-19??, 1918-09-26
WIFI.
az-r NM ~
ana
[il[DMKlID
A Shirker.

A Shirker.
"HOw long have you been sitting on
the bank of this rivera"
"About four hours"
Caught anything?"
Nope"
"Had any bites?"
"Not a nibble."
"And you call that sport?"
''No-strategy. If I were not sitting
here, 6stensibly to catch some fish for
dinner, my wife would have me beat
ing carpets"
The review. [volume] (High Point, N.C.) 1908-19??, 1918-09-26
ANY KIM Mould Do.

az can trace my descent in direct
line from one of the early kings Of
England" she said.
(Which One?" he asked.
81 don't recall the name. What
kings did England have?"
The review. [volume] (High Point, N.C.) 1908-19??, 1918-09-26
Time Limited.

Bix-What did your wife say to you
when you got home at four O'clock this
TlaOrning2 -....
Dix (wearily)-Say, old man, rye
got some work to do today"
The review. [volume] (High Point, N.C.) 1908-19??, 1918-09-26

No Restriction on Ostrich Flesh.
Ostrich flesh is meat which is not
very popular at the present time, but
it was once considered one Of the
The review. [volume] (High Point, N.C.) 1908-19??, 1918-09-26
Her Plan,

"Things have got so we shall
have to econOmize," said Mr.. Big
house.
''Well," replied his wife, "we'll
make the chef call himself cook and
reduce his wages"
The review. [volume] (High Point, N.C.) 1908-19??, 1918-09-26

Wow!
Little grains of powder,
Little dabs of paint
Make the girly-girlies
Look like what they amt.
The review. [volume] (High Point, N.C.) 1908-19??, 1918-09-26
Fortunate Condition.

''TEis man." said the keeper softly.
''imagines he has millions"
isn't that nice?" answered the WISH
tor. "Whenever he needs money all
he has to do to draw ON his imagina.
ton"
The review. [volume] (High Point, N.C.) 1908-19??, 1918-09-26
Many Models HaDe
Been Made and Are
Noqu Being. Tried
Out BY Americans at
the Front.

IN wANY visitor wandering
NV through the labyrinthian de-
Nv lights of the Metropolitan
Museum in New York and
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1918-06-13
MISS Table AND TWO PUPPIES.

Miss Tabby Kitten had new punk
satin dress and pink hat with n punk
feather Miss Tabby Kitten also had
pink Sunshade to keep the hot sun OF her
pretty face She was all white, not
black spot on her, and her eyes were
almost green just the shade to go with
a pink costume
She was not too proud. but she was
proud, and when she dressedin her punk
clothes and walked down the street every
one stared
OF course. there were some folks IN
the neghborhood who did not appreciate
Miss Tabby Kittens good looks or her
pretty clothes, and they were Pete Puppy
and his brother Fido.
Big Black Cat was a very stylish
cat and he was quite dandy IN the
neighhorhood; so when he erpIed Miss
Tabbv Kitten in her pink satin dress
and her bobhing feather hat he thought
he would speak 10 her and ask her to
take walk
Big Black Cat was not very well IN
formed about the manners OF weilhred
cats: he Just did anything he wanted to
il he had chance so he stepped right
up beside Miss Tabby Kitten and said.
"Howdy?" and smiled His smile, how
ever, froge on his face for Miss 1abby
Kitten gave him cold icy stare. How
dare YOU address met she said. You
have never been introduced
Big Black Cat did not need to he told
To go: ne knew he had made a big mistake,
but he resolved to be revenged, so when
he saw Pete Puppy and his brother.
Fidn, he said IF you will go up 10
Miss Tabby Kitten and pull her satin
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1918-06-13
GOOD HOUSEKEEPING.
BY Henrietta Grauel.
A FRENCH WAY WITH SPINACH.

Is spinach difficult 10 cook? is tho
ouestion | was asked M food con
scrvation talk was giving few DAYS
ago spinach is one Of the most easily
prepared dishes We have. 50 tho query
was quickly answered. but | know that
woman is neglccting tho great food re-
sources to he found in tho wealth Of vcgc-
tables that grow like TopSy without cultl-
walton and that may I've had without
price.
Ii YOU can cook dandclon. slender
leafcd dock. sorrel, plalntalu shoots and
asparagus you know without asking how
10 cook spinach or at least YOU will not 20
far wrong
There is a great quantity Of moisture
in spinach il has not tho bitter flavor
however. Of dandelion, and SO does not
need blanching or cooking in two waters
as most vegeta bIes do Lest there should
be others who look curiously ST the crisp
green plant with its bright, plnk-red
stems and If il he hard 70 cook LEI me tell
YOU just how To prepare II
You want no grit or sand IN your dish
Of spinach. SO put at least peck Of IT be-
meath running water or In pail OF water
and Sick il from the stems, leaf ny leaf,
washing il in an abundance Of fresh cold
water and when all is done wash II IN
several more changes of water Put II 70
cook in as little salt water a will cover
the bottom Of the kettle 1t should cook
in 20 minutes
Nell-cooked spinach is drained quite
dry and made smooth by chopplng or ny
being passed through a colander and some
cooks even beat il well with whip, after
every particle of water has been squeezed
from il Hot melted butter is all that Is
required for the dressing. vinegar or some
condiment being added at the table
IF creamed spinach is liked proceed just
as directed but dress the beaten, smooth
spinach with three tablespoons ot cream
and one tablespoon of butter Reheat and
serve with hos; hin toast
Spinach and eggs. though an old com
Dination II always en!ovrd An at
tractlve way 10 prepare this Is to boil a.
many eggs as YOU have persons 20 serve
Remove the volks from the eggs and fill
the cavities with the chopped we'll
seasoned spinich and stand them on a
small hot platter and dress with sauce
Serve very hot
Fairy butter Is the attractive name o.
a substitute for butter saucr that Is de-
lightful on spinach asparagus or wherever
YOU Use butter dressing Put the yolks Of
four hard-boiled eggs through sieve or
a food chopper, add one cup Of cooking
oil or olive oil and put 1t through the sieve
again. Season with salt and pepper and
serve as YOU would Inayonnaise or any
dressing
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1918-06-13

dress good and hard III give YOU nice
bone
Pete and Fido did not need 20 be asked
twice, Of they ran and when they came
IN behind Miss Tabby Kitten they snap
ped III her and took hold Of the train 81 her
new pink satin gown and held on tightly.
Miss Tsbby Kitten looked shocked
and then she looked angry, and then
She loudly mcowcd but still Pete Puppy
and his brother tugged at her train.
She hooked up tho street and down. but
there was no one TO help her and So she
decided TO help herself
"kvki, hyki'' cried the puppies let
ting 60 Of Miss Tahbv's train. but Miss
Tahbv gave them sharp bang again
and of they ran crying down the street.
The next dav Miss Tabby Kitten
went all around the neighborhood 10
get her friends to ask TO have all the
puppies muzzled. and few days later
poor Pete and Fid0 sat on their steps
looking sad while Miss Tabby Kitten
trippcd past them in her pink satin gown
and pink hat. her sunshade over her head,
"O' Miss Tahbv. called Pete Puppy.
We didn't mean any harm when we pulled
your dress
no, we didn't Miss Tabbv, said
Edo Big Black Cat told us to do it
and he would give US a big bone.
Miss Tabby stopped Oh that was
it she said Well. did YOU get the
bong
No sand Pete We have not seen
him since
Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1918-06-13
ACKNOWLEDGEMENTS
HERETOFORE THOUGHT
IMPOSSIBLE"
Ry George Matthew Adams.

Regardless Of all the cries and
walls of the pessimists, the doubt
ing Thomascs, the can't-bc-dones
and their tribe. the world walks
forward, not backward.
Great enterprises are being COM
plctcd with three most significant
words, as a sort of tailed after
thought. tackled to the information
that let's the world in on what has
been done. Here they are here
tofore thought impossible
Heretofore thought impossible
But. thank God, we have our
Fochs, Llovd Georges, Schwabs.
Fdisons, McAdoos, Harrimans, Ma
polcons and their sort. To ride
around on these words hereto
fore thought impossible.
You. who arc discouraged and
darkened i'm heart. do not forget
that the greatest accompiishers IN
all this world had flared IN their
faces as well. these same, simple
three words, as they leaned back IN
their dav-chair. after having proved
that they didn't know what I'm
possible" meant.
Every day, during this turning OF
the world, things arc being done
again and again, that were hereto
fore thought impossible. .
wish that above every com
pleted Job OF magnitude, in the
accomplishment Of which great
stress and work and obstacle en-
tered. these three words could he
blazcd far and wide, SO that the
tirnid and fearful might take heart
and learn that men and nations
grow and live upon doing the things
that in tho first place look greatly
impossible.
Perhaps there are things that YOU
have many times neglected or dis
missed as beyond YOU, that Ivy re-
solving anew, YOU may be able to do
All right, go ahead Then think
what thrill YOU will get from the
words heretofore thought I'M
possible =
~. a =.