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c. P. YAXDITEB, a tar ani Prjrtstar. MAN WAS UA1 O BUSTLE. I?I)TlV VSVWK I PAID IN ADUARCl lUlUkU 1 HOI MOT PAID lit ADVARCB, St.S. "VOLUME XXVI. IvEYTESVHiX.E, MISSOTJ.K I7RTDAY, JUNE 4, 1897. NTJMBEIM9. V Atctxiorijtt liar at Brunswick. Monday was memorial day at Brunswick -the day appointed by hw ted cu 5 torn on which the survivors and ' the , drxcndar.ts of those who Trent fcrih to battle for the came of the general government in the civil war publicly decorat- the graves of 'those ho pcriahed in the cause. These ceremonies are always under the direction and charge of the local post of the G. A. the general pub. lie attending on individual responsi bility. Sometimes it happens that the orator for the occasion indulges in bitter and denunciatory t pcech of those who or pored them 3a years ago. from which cause it has come to pas that few of the old native population cr their descendants are found in, these gathering. Memorial day at Iliuns- wick this )ear, however, ws free from onp!casait suggestions of this kind, and they arcv beconrog more infrequent the fdithcr. we recede rein the fierce period lr;rn '61 to Cy. It i a sad comT.ei.tiry on the pro- '4 2TCSS c arc rn.--itn; luwara uic - t oif.lenial period that ws delight most - in honoring and perpetuating- the memcry of those ho have served their country on the tented field or lost their lives amid the nd- and llood 1 f battV magriSccnt s:ern . array. It proves most conclusively the savage origin of the race and that the prncip!es of peace and forgiveness. ' r txugLt and eximptiSVd in tle Ufe and death of the Savior, will be the very ' last les?on fallen man will learn. The services rendered to the state by the ivi ia?t lave been no less useful and glorious than tboe achieved by the man of blood. ' The statesman wi faithftfy serves his country in the peaceful effices of the executive, legis 1 2a live or judicial banches of. the gov--"trnment. or the private citizen who - 'from the toil of hi brain or brawn contributes to the support of govern ment, and raises a family of children "'to become useful citizens, is worthy t of as hih honor as he who jeopardizes 7hU life in war. Both simply fill wdl the pvt to which they are called, and t both are equally worthy the grateful homage and memory of their country. -J If graves are to be decorated with I sweet-scented blossoms at each return j?ing floer time, why not decorate the graves of all good citizens alike ; those wlio have produced with those i-wno have consumed? In the one cel f ebration all tlie citizens could take 1 rvirt hlle the other restricts the cer- lAyemony to a part only ol patriotic peo l f pie. We merely put forth ihete ob- r ' rwvii'nnc i ri villi n mhn i iealous of the services rendered by his class .tmd would see hooor bestowed upoL ll the deseivim without invidious distinctions. Yet, we confess, we txivc lit'te hope that we shall l;ve to see the day when tnis .shall be done. i'During our generation, at least, we 'expect to sec the ' man of blood? rc ceive homage and reward alove him vrho has served his county just as faithfully and well in the peaceful Walks of life. We are indebted to the Brunswick RifuHuan for the facts of the day's ceremonier. Cant. L. Benecke. commander of s the local G. A. R- iost, was marshal of the day. assisted by Joo. Bachtel of :indi-n Grove port and Wm. Mullins -of l;eV."ittsrost a aides. Good music was furnished by the forks of Chariton and Africa's Pride Brass bands of Brunswick. Indian Grove and Miami posts were represented by several mcmbeti. iJelcgites from New Franklin and Slater had started by boat, but finding Vthey could not reach Brunswick in ( time abandoned the trip, ctcrans from Trip'ctt, Sumner and Vendon -ad-'ed tr the auspiciousncss of the -hratisn. and some two cr three I weie .reseat from Keytesville. Great i 1 Cart. Pfnerke. the chief marshal fcr te succks ol the parade and the eriUre da pattern into. We rv.urc to rcmrJk prcathiticaT.y thit a ca iiber of co'.crcd vetLxanj were on the streets of Brunswick in uniform, but not x single one of them appeared in line during5 the parade. We have no knowledge or infcirma&on on whjen to lorra a Deuel wneincr uas was by design of the white veterans or choice ol the colored brother. Surely it could not have been from design on the part of the whites, since this Re publican administration is showing such love for the colored brother by giving him post-ofBce appointments in those southern communities where the pay of the office is not lucrative enough to tempt the cupidity of the white man. At the cemetery the G. A. R. ritual services were held and the craves of departed soldiers strewn with beautiful flowers. The address of the day was made br Gen. B. M. Prentiss of tlmooville. Iutnaro connv The ad dress was short and eulogistic and did credit to the orator in that it avoided the invective and bitterness sometimes heard on such occasions. At night the city hall was packed with a welJ-lichavcd and interested crowd to enjoy the musical and elocu tionary part of the program, which brought Brunswick ln:st musical and elocutionary taUnt to the front. From here we quite from the Rcfubluax: - 0 1 OC OjieDio inuiui, lutein.. vas well and harmoniously sung. The so!o. Memorial Dty," by Mrs C. E I-ea. -as deservedly encored. Fmbleins of Mentor ial Day, ly the little Misses Almy Sasse. Ixauv: Saseand Ilelkn FensTcraaker. was very prettily Teciwd. The chorus, Red. White and Blue,' was well received and highly appreciated by the audience. 1 be duet, rrhe Wonuded Soldier, bv Mrs. C. E. Lea -and Miss Dora Kinkhorst, was thrice encored f the audience. These ladies are fortunate Dossessors of voices that cannot fail to please the roost critical. A recitation by Miss Lillian Ileisd ent'rt'ed; "The Captain's Story," as well delivered and displayed rare tal ent io the yoonj, lady. The solo. -Around the Camp Fire, by Miss Dora Kinkhorst, elicited much applause and a doable encore. The rcatation, Ir Growing Dark, by Mrs. Benecke-Sasse, was a masterpiece of emotional portrayal, and the tidy fully sustained her repu tation as one of the foremost in dra ma tic effort. By special request she recited "You Put no Flowers on Papa's Grave." which not only elicited applause, but caused tears to trickle down the checks of many veterans and others wlto were unused to weep. Pretty little Alberta Knappenberger. granddaughter o! Capt. J. J. lfeiset. brought down the bouse with her litue soos and an obeisance that is beyond imitation. Gen. Prentiss addressed the audi ence for half an hour, giving reminis cences of the late war. The enter tainment closed with the singing o ' Nearer, My God, to Thee, at the conclusion of which t! general de scended from the stage and shook the hands hundreds ho desired the privilege. Thus ended memorial day in Bruns- wi5c Salt Water U Wsttr. . Manyel Dearraia agiunst Henry Schneli was the title cf a suit tried at the lulv. 1806. terra of the Howard county circuit coort. Dearroin is well digger, residing near Brunswick this county, and is well known to many of our readers. Sch.neJl, a farmer and gardener, lives near Glasgow, Howard county. The suit was brooght to re cover the contract price of a ccttain well, 413 feet deep, bored by plaintiff for defendant on Schncirs farm, and also the value of certain casing, al leged to have been furnUhed by Dear min at S:r. cell's rctiucst. TIjc petition was ia tat) cjtui:ts, the first rclatii g to the boring of the wtl', the second to the casing furnished by plaictiJ. Th; contract poridl for Oie lor - jiP2 zed drilllr.g ot the srtll at a itipu- La ted price per foot for the various kinds of work and p'aintiiT agreeing to furnish 30 barrels of water per day or no pay. Plaintiff claimed he was sim ply to furnuh so much water per day, regardless of quality, while defendant held that the water furnished was not a compliance with the contract, be cause the same was sail water, and unsuitcd for the purposes for which he wanted it irrigating garden vegeta tion. At the conclusion of the testimony for plaintiff, the court, at . the instance of defendant, gave the fallowing in struct ion: The jury are instructed that the written contract read in evidence was not complied with by furnshing 30 barrels of salt water per day, and no der the evidence the verdict must be tor defendant." Thereupon plaintiff took a non-suit with leave to move to set the same asice. l ms ne cud wm-oui success and appealed to the Kansas Ckf court of appeals on the first count of the netition. having dimissvd as to the second count. w On appeal, plaintiff assigned seven errors Donimitted by the court in the trial cf the case, but the main srtcss seems tu have been laid on the error commi'ted in the instruction above quoted, in which it was declared thai the furnishing of 30 barrels of salt water was not compliance with the terms of the contract. On this point rbintiffs attorneys in the brief and argument deal in some telling satire, Quoting: To fold that the plain and obvious meaning of the ord water.' as em ployed in this contract, is to be con trolled or changed by the circumstance that defendant is a. gardener, ho oe swed -afresh' water-fjcTul vegetable!, would impose upon plaintiff under a like contract tl-e duty of producing distilled water, in ctue he should sink a will at the back door of an apothe cary shop; while nothing short ot the flow of atma vita would satisfy the stern dctoandiof discriminating justice were he ever to contract to bore a bole in a Keutuckian's mint patch. The case was submitted to the court of appeals several weeks ago, upon the briefs and oa Monday last the court rendered its decision reversing the judgment of the lower court and reminding the case for new trial. Plaintiff was abhr represented by C. B. Crawley of this place and O. S Barton of Glasgow, and defendant was no less ably represented by Hon. Tbos. Shackelford and.R. B. Caplcs of Glasgow and WOliam ' Williams of Bjcnville. Mr. Dear m In is a hard-working and wortjiy poor man, aad we rejoice far rns sake thM his attorneys have en abled the higher court to take tlie sarde view of the law with themselves. The loss of the case would have been quire a serious blow to iai-iUff as fail ure meant the lotsot neatly $1,000. The Milton Jjcksoa Estate. Thos. E. Mackay, by authority as public administrator, has taken charge of the estate cf Milton G. Jackson.who died N ay 12th, 1S07. at his residence. five mite southeast of Brunswick. On the 5th day of Vay. Mr.Mackay I ear mvrz that be was legally entitled uuder the law to the administration. took charge of the estate and filed the Lgal notice. A few days thereafter about May aSdi. search was made among tlie papers of the late Willis II Platikett of Brunswick, who tad trans acted during his lite much business for Mr. Jackson, and a will, dated in September, iS73."was found This wil divided the estate between his two sons rod his wife, and made cne o the sons executor without bond. Many years gp both of these sens left Mis souri for tl West, and are now, one of them. 9 otiien cf Colorado nd the ether of Wasliir.gUm. Under cur law t!is diiqual.G- the sen named as exec utor by the will ficm rerrlng in tfiat capacity, and there beiogno lcntfic- iaiies luxLr ahe cr legl heirs of dece Uing in the state, the ad-; falls to Mr. Mackay as rnistrator. ' onday, John Jackson, the ves in Colorado, appeared in zjt by his attorneys, J. C nJ P. S. Rider, and aled cs ate be taken out of the t!e public administrator, and - Agee, a stepson of Mr. lc appointed to execute t e of the wab' mini ubl' 1' son t nrob Wail that I hand that Jacks provi La Judge .Minter has decided the c in Mr.' MackayV favor, ap point turn administrator with the ted. . . The beneficiaries un- wiU : der V JU have appealed to the. or cau. c Criminal Matters. . B li 1 in the criminal line before the ju has Ik the pc that h. nor or. 1 and his honor, the "tnar,' dull and stationary during :ck, and tlie few transactions tzken place were ot the mi The ce of the western part of the ci: . as slightly fractured May iCth I e whipping of Brent, a 7 ycar-cl I oy of Ben Gardner, by Mrs. I.utie V. .1. assisted by Lamb Brad ford, cc game a: Tlie Lamb' caught the Mis. Ward did the ' dress g.w I tzs seme time after the oc- currcncc tfjre any arrests were cnude laint was filed " before thj hen cc maj or, r with as pleaded Tinj Mrs. Ward and Lamb t. Mrs. Ward at once Ury and was fined $1. ot to be canght so easily Iarob v and pl: d . not gutliy, - and being tried by . -ry of her "prs" got the same st uyped fine of $1. -Th.t fid not i ! :.r tcr, and upon the ad vice cS I u. . . J 3. L. If. Derriprey .... - , - took an appcaJ to circuit court, the bond for appearance in the um of $100 being signed by J. C Crawley and Blair Miller. This action, not appearing to the scrutinizing eyes of justice to restore the equilibrium. & warrant, founded on a complaint against Ben Gardner, cnarging Iiim with disturbing the peace by cursing Mrs. Ward for the whipping of the boy, was issued and that gentle man was also arraigned before the mayor Before the case was called the negro woman who had promised to help do the swearing that should con vict the defendant jtoed" the -know-nothings," and the authorities, deem ing it unsafe to go into tlie prosecu tion with but a single witness, Mrs. Lutic Ward, dismissed the case. Clark. Ward is under arrest for whipping Elmer Williams, col., aud cursing him on a public street last Sunday, listing is good just now and Clark has. not yet found time from his piscatorial duties to attend, any cession of Mayor Knaus court, hence his case is still pending. As Caik avows his intention to appeal the case to circuit court in the event of convic tion, it is just as e!l probably that the case linger until after the Salisbury terra so that, if such a course be comes necessary, it can be appealed to the October term at Keytesville. This will save all the witnesses the expense of appearing at Salisbury an indefinite number of times. The state vs. James Leach, cob, is the title of a. case dismissed in Squire Wheeler's court last Saturday.' Jim lives out to the neighborhood of Bethany, and a short time ago in the discharge rf his dutie- as "head of the house" found it necessary to correct on ; of the members thereof- a sister by administering to her a gentle whipping, only using sufficient force to re-assert his challenged at thonty. le prosecuung attorney roust hsve taken this view of the mat tcr, as he entered a nslu frostqut when the case was called. rrotecutuig Attorney Collet went to It's a mark, or name, or a ptctnr on anything, put ii f ff therw by ih maker, to preveat any dishonest com- YVf V ? rtJlilor rn,rn trail,S on nia od name. It's a good C$0 cs When anyone makes a tiling that is good, or Iff honest, or whatever he claim it. to be.'and he spends 5?? CJ9 hit g-Mnl, elnt money in advertisirg it, and gets r 5 ' Tff a reputation f.r ir, a demand for it, he should be If F yiy protected against other men trying to sell something CtO -kiX inrior (for imitations are always inferior) under a 'II - , fff similar name calcnlated to mislead. That's why ff? " Iff.. " -TOADCatAMC. v tumg, hat, collar, shirts, cuat, overalls, jeans or any new thing, m-atis that it ftft pnare 01 onr prohls Fellit'g things cheap to ad- iff vertlne lhat fact-and when you buy anything with V CyT tliat name on, be enre that III that the 8icn over lllP door -Trf wt 11 do t,le re8t- There are no Oreralls in this J world that are any belter made of any better goods Tff or that will wear "anv better than AV abash Oreralls. T iff : fjvp It's the earae with Jeans Pants, Duck Coats, Work iJ Shirts, and all sorts of work clothes they are all JUL " y)j built fr wear. If they have Wabaeh on the ticket ff 7 ; fVro that's junt at good as if the government gave you a 33 -fi deed to Vni and a gnarant-e of satisfaction; fff III I lJ rr r d r-n-r Ill Mnwe crinhTrcrrcrt U Fff r I KEYTESVILLE,- MO. . H i r t c- rw r- ffli V' t Lte- ShannondIe last Tuesday to prosecute I a rase in 'Squire W. N. Hamilton's ' Under the above caption the Cour court of the state against Henry Keet- fer of April 21st noticed a law-suit, ing. a blacksmith at that place, and a that had been begun before 'Squire II. brother - to "our Tony,", who was J.Webber of .Missouri township by VV charged with felonious assauitwith 'T. .Leach against Robert P. Leach. shot-run uron Georr- VCtn. w . c - Less xi the snniVMK Cov-it prcimptiy.T dismissed the case a:ninSt th Hfrnd-' We dcsire to do . i115. ant, being convinced that he had only acted -in self-defense, and that the swearing out ot the warrant by Wilkin-, son against Keeriog was prompted purely by malice. It seen that Wilkinson owed Keel ing ao account, and that when Keetrog asked him to pay it, Wilkinson ac cused Keering of having offered an in dignity to Mrs. Wilkinson, whereupon Keeting called Wilkinson a d d liar. Wilkinson then threatened to do him up," and turned and went into his house as did also Keeling into his house. Keeting soon re-appeared and took a stand on his back porch, shot-gun in band, prepared to defend himself in case Wilkinson attempted to carry his threat into execution. As Keeting, according to Wilkin son's own testimony, made no attempt whatever to use the gun, there was nothing left for Mr. Collet except to dismiss the case. We frequently hear the whipping post advocated as a panacea for petty o flenses against the peace and dignity of the state, but in this particular case the tacts would indicate that the whip ping is more deserved by the prose cutio? witness than by the defendant. , rrosecuting Attorney Collet goes to Sumner next Tuesday to prosecute the case against John McKtan, who was arrested last Wedoesday upon a war rant sworn out by Jos. L. Cuffey before Squire F.' M. Lewis, charging McKean with disturbing the peace of the affiant by loud and unsual noise, indecent and oflensire conversation, and by threat ing, quarreling at d fighting. We are not advised as to the nature of the differences between Guffey and McKean. which caused the latter to disturb the former's peace. 1 Marrtaze Licenses. Eailcy D. Barrett and Miss Martin, both of Keytesville; Winnie D. E. Shonkwiler and Miss Misiie E. Cheek, both cf Triplctt; J. I-Harris and Miss Mary Cheek, both of Triplett; Ernest P. Miles of Ilaruden and Miss Nannie Moorman of Snaoj ; S. J. Dills and Miss Alary Eidscn, both of Mike. 1 wil! wear. We've spent a $yf ... . w ??? it is United Brand, and s is Tferlwrr. AVIiiro nnrl ill ti-rr- h - rf f - i Smalt Fry Law-Salts. On sutement of Uie case was only to both sides and hence we this week: give defendant's version. About Christmas time, 1895. Robt. P. Leach, who had been a private in the U. S. regular army and stationed, at Washington, D. C, received his discharge and returaed home. At tht time W. T., his brother, was liv ing with their mother at her home oa the farm in Missouri township It is alleged that W. T. treated his mother, who is an invalid from cocsumptioo, very badly, and that the mother tiring of his undutitul behavior, re quested him to find another home. 'l"his he did. A short time there after Robert married and on the in vitation of his mother came with his bride to live with and care for her while W. T. still cultivated the farm, ' but havmg his domicile on sn adjoining farm. All this happened in the spring of 1806. Robert never, had any contract for possession nor does he claim possession nor any in terest in the land. And neither has W. T. ever had any possession or rig! t to poi-session of the dwelling by ox through ary title to the laod or written or even verbal contract for rent or lease of the land, from his mother, in whom all the th'e re.ts. When the case was called in 'Squire Webber's court May 29th defendant. Ion proper affidavit, was c ranted 3 change ot venue to 'Squire DeMoss court. Plaintiff is lepresented by I N. Dempsey and Capt. f. C. Wallace, and defendant by J. P. Shaughnessy. iimall Judicial Grists. Jno. Welch has brought two replevin suits before 'Squire J. M. DeMoss of Keytesville for the recovery ot lumber sawed from logs he took to the saw mill of Ernest Powell, and which, he al leges, is his property, Powell having; J wrongfully and without authority sold lit to L. A. Embree, street commiss- toner of KeytesviHe. and to G.B.Hurt. These cases are set for hearing, to morrow, June 5th. . Mrs. Ardenia Hayes last Saturday before 'Squire DeMoss obtained judg ment against Travis Hayes for ' the value ot a pair of mules and to enforce vendor's lien against said mules. Travis, is a gentleman of color, and was for merly a slave in the Hayes family. Two years ago Mrs. Hayes sold him the span of mules on credit, and by this action sought to recover their value bf enforcing a vendor's lien.