Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1882-01-31

tcS, ana frequently represented his town
ship i'll Democratic county conventions.
The funeral will take place on Thurs
day afternoon at O'Clock, from Shober'.
hotel, corner North Queen and Orang,
streets. lnserment at Woodward Hill
cemetery.
COURT.
Proceedings In tho CoIn,no:, Pleas.
BEFORE JUDGE PATTERSON
In the case of Martin Bair, aIministra
tor of VIM. Ba!r, deceased, vs. Elias Bail,
the plaintiff, suffered non suit.
Henry Frank VS.. the county of Lanca.
ter and the city OF Lancaster. This is All
issue TO ascertain the amount Of damas yes
sustained By the plaintiff by reason of the
laying out and opening of North Franklin
street in this city. The plaintiff lives o,
East Fulton street, and in case this stree:
is opened, one.story b:ick dwellin:
house, with outbuildinss, belonging to the
plaintiff, will have to be torn away. i
number of witnesses, including the plain.
tiff, were called to prove the amount ai
damages sustained. On trial
BEFORE JUDGE LIVINGSTON
Margaret Bott VS.. J. G.. Stoner This
was an action brought against J. G..
Stoner, Of WashinntOn borough, who was
the surety of Jacob Staman OH Il note for
81, QUO, dated April 1, 1868, for ono year
Tho interest was paid regularly by Sta
man, and when suit was brought to re.
cover the value of the note Judgment was
obtained against Staman for wAnt of an
affidavit of defense. StOn"r refused pay
ment on the ground that the statute Of
limitation, barred recovery as to him. The
plaintiff failed to show that Stoner had
paid any interest, OF sthat ths time the
money was for the use of both Stoner and
Staman, Or that at any time Staman
offered to pay the note. A non suit was
asked for, which was granted by the
court.
John ". llayniSh, for tho uso oi
Michael Harnish, assignee of John
LIarnish and wife, for the benefit
of creditors, VS.. Mary $. b. Shenk exccu
trix of X. W. Shenk, deceased. The plain
tiff alleges that in the spring of 1874 Major
Il. W. Shenk made bargain with him t.
furnish railroad ties along the line of the
Quarryvillc narrow gauge railroad ut 80
cents apiece. After furnishing COD tiss Mr..
iiarnish's lumber ran out. Soon after this
the gauge Of the road wa changed and
his ties could not be used. The bill was
presented to HIr.Shen:s who paid $50 of it.
The ties were afterward sold to the Mil
lorsville street ear company and delivered
to them by order Of Mr.. Ihenk No more
money was paid Oh the bill, hence this suit
The defense called 10 witnesses, but
argued that Major Shenk was not indi
vidually liable for it he made y contract
with Harnish he did SD as president of the
railroad company, to which liarnish would
have TO look for his money. The minutes
OF the secretary of the narrow gauge
railroad company were read. They showed
that WorI. Oh the narrow gauge road was
suspended On January |, 1874, and they
claimed that no contract woull have been
made in the spring Of 1874 Documentary
evidence was produced TO show that work
was suspended at the time the ties We're
alleged to have been delivered
In the case of Mary A. Williams W
Michael Wise, Il rule to show cause fnr 4
new trial was granted
THE MG;EEN,,.
sar,,:ius: Their New York Prosecutor.
The attempt Of the New York Society
for the Prevention OF Cruelty to Childre:,
to interfere with the McGibeny f.,mii,
steal Instruments in ,'tlblic, seems to hay.
been :, good advertisement, and last eve:,
ing Steinway hall had i good audience 10.
them. That section of The family ut pre-
sent before the public consists of Mr.. ant
Mrs. McGibeny and eight OF their childrct.
Viola, Floria, Allie, Frank, Fred, Hugh,
Victor sud Doekie. 1t is stated tina.
there are three infant McGibenv.
.l,,.,,
Allie, Fiuiic and Doc!;ic, aged rcspectivel,
nine, seven and six years, We're yester;ia,
to Mayor Gr:.c>. Mr.. Elbridge
oil Cruelty to Children. was expected to be
OIL hand lit this meeting, but did not ap
pear. His honor after shaking hands with
TIE children and chatting fnr five minutet
with McGibeny, 81, d,c.,ict not to allow
Dockie and Fiori,, IL take part i'll the cn
tcrtainmcnt rs they were too tender i'll
years.
ilr. .!c',ibney, ST., opened the enter
tanmHnt OF last evening with an address,
in wl.jcl. he stated thas owing to several
un!o.e>eci anl unhappy circumstances tie
would have to undergo many
alterations. He related briefly, but with
nuc! ftcias, how be had "run against
mayor had forbidden Dockie to toy with
the rymbaIs and had prohibited
Florie from worrying the big. drum.
tanning the children's costumes and 4
,ornet had been left in Philadelphia.
4 pologies were made for the children
having to appear in their street dresses
md also for the absent cOrne:, which was
hos s,,%
Ncliihrny concluded his remarks by
stating, with evident pride, that his chill
lrcn were happy healthy. we'll fed and
could see f5E themselves il they were
happy, and healthy looking and well
,lothcG il any one thought they We're not
we'll fed he was invited to run around 70
he hotel where the McGibeny's are stop
ping at meal times. From the applause
hat followed this little speech it was evi
hies OF the audience.
heir 4 polos;es for no. fulfilling their part
IN the programme. The " BOccacciO
march closed the entertainment. NJ.
announced that Florie and
)cckic, although they were not allowed
o perform, would take their places in the
,and. Florie arrived with a huge drum
tick, took UP defiant position by the biz
lrum and Dockie held cymbal in each
,and. After half dozen bars had been
played - bang went the drum, and little
'lOIie continued to beat that instrument
With as much vigOr as il she were laying
nto member of tho society that had sue
eeded till then in stopping her perform
Ince. Dockie followed suit with the