davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19
THE BABIES MUST GO ELSEWHERE.
THEIR HOSPITAL RESTRAINED FROM oCCofiiN'
THE HOUSE IN LRxINGToN-AvE

THEIR HOSPITAL RESTRAINED fRoM oSNo' $500
THE HOUSE IN LRxINGToN-AvE.
The Babies Hospital OF the City OF New-forK, al
though 1t has a good name, is still without iocai
babitat,op Justice Beach yesterday decided that IL
must be nermanently restrained from occupying inc
building at Forty ffth-st and Lexington-aVe. whoh
had been selected for Its abiding place Inc oeoS'on
was made in the suit brought by Thomas b. Gihord'
the adjoining and cnjoinng property owner ih'
Judge says In his opinion
In Icxingtonavo at FortyHfh.st. the deienaah' mas
purchased house. originally dwelling unaei -
strctiye covenant and proposes there to conduct h
nal for the caro- Of sick infants including any VINO may
develop after admission contagious disease Inc p
,Ie owner OF contiguous dwelling. brings suit Tor
decree enioining the business because nuisance anu
breach Of the restrictive clause. businss certain 70
h-,no material injury others Is apprehend, nuisance
ner e. one where Material injury nay be inflicted On
others dependent the manner OF prosecutor 10 NOV
pusnce per S. but requires clear proof showing has
the mode OF conduct WILL in reasonable Judgment pfng
material harm to Others If case is thus made out the
court will grant relief by injunction
After examining the evidence, the Judge says:
Tn my Judgment the hospital is not nuisance prma
facie While not within that class. there are several
nseparabe from from Its maintenance proper io
upon the condition OF its being shown
nuisance from way OF management In these are In
ended the noise OF patients their advent removal and
death with its consequences. From the evidence ap
pears the reasonable probability OF contagious disease pro-
vided for by provision. although mtedto cases
TO develop after reception. While this may diminish the
number It does not the important factor The
locality is shown wholly devoted to private residences
until this most audabe undertaking selected the house
for its accomplishment To my mind the hospital Is not
reasonable use Of property, considering the locality and
surroundings.
The Judge holds, moreover, that restrictive COW
enant in the deed providing among other things
that no "bulding trade or business which may DO
49, i've 70 ha
Inhabitants shall be built, allowed or carried on the
above granted premises is fatal to the defendant
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19

The Of Robert German, the husband and manager
Of Maud Granger the actress against Frank O. Granger
who represented himself as the brother OF Maud Granger
snd sold benefit performance came up yes
terday at Jefferson Market Court Granger said:
have sister by the name Of Maud Granger She is
leading actress the Opera Comque. in London The
benefit proposed to have at the Peoples Theatre
was for myself and not for Maud Granger. They have
confeundcd the actress with my Mr. Lindemann,
Of the piano firm Of Lndemann Sons advanced me the
money and to have been in the box oice last night
10 take the receipts, and have half Of the money
Mr. Lindenann, you zee, is not present in court this
morning 70 testify against He Understood the trans
action was perfectly honest. represented that
the brother OF Maud Granger Of this city" In the
afternoon Lindemann. Mr.. Roberts, a singer In the
Queens Nate" Company. and Mr. Teter related their
stories the conclusion Of which Counsellor Stiner,
VINO represented Granger moved for his clients discharge
which was granted. .e-
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19
ANGLE THE YOUNG WOMAN'S TOE
A BROOKLYN SOHOOLrTEAOHER SUES CORN-
DOCTOR FOR DAMAGES.

Through her lawyer, Nirabeau l.. Towns, Miss Char
lote SHADING Brooklyn schooteacher has brought suit
for $4,000 damages ac,inst corndoetor named Burk-
hardt whose headquarters with the Brooklyn Turkish
Bath Company 81 Clinton pace, in that city ON
March IL Miss Spadlng called the expert IN feet ana
retained his professional services young
NJ that time suffering from painful corn on one OF her
toes and proceeded to annhate the bother
some torturer sawed and hacked at 1t while and,
Miss Spadlng alleges, the result OF the operation was
Inflammation suppuration to degree that kept her
In her room and rendered unable to fulfil her duties
school.
Miss spaldngs professional loss is estimated at $500
she also Doctors bill OF $780, and the balance
OF the sos 900 pain and Inconvenience. The young
woman is still lame and has not her school,
Lawyer Hathaway, the bath company, he Will
fight the suit while the complainant and hsr attorney
expect a settlement
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19
BITS OF LEGAL NEWS.


Justice Tiuax Of the Supreme Court has decided that
the OF rental value OF Joseph A. Mones property
No. 14e Fify-thrd-st, from May 90, 1872 to jan
uary 1854, caused by the erection Of the elevated rail-
road in front of the premises was s27oo and that the
value OF the easement taken $4,000. The Manhat
tan and Metropolitan Elevated Railroad companies
enoned from maintaining and operating the road unless
within thirty days the easement is paid for and Judgment
for the 90 ZOO is entered against the companies.
Charles ScoAeld who, with his wife, Lillian f. Scofsld
has obtained notOrety recently in connection with the
Hatch tragedy appeared the Supreme Court yesterday
in obedience to an order requiring him submit himself
for examna supplementary proceedings under judy
ment for "a o50 obtained against him and the Mont
gomery and Florida Railroad Company by Robert IT,
Weems BY consent counsel the examination was adj
tourned until next week
Hamilton odell has been appointed by Justice Truax
OF tho Superior Court referee place of John Clinton
Gray appointed Judge OF the Court Of Appeals to ex
anime the accounts OF Thomas L. James, assignee OF
Ferdinand and Benjamin Mayer whose assignment was
set aside as fraudulent and void on June 10, 1883.
The appontment Of Miss Agnes Kennedy Murphy as
notary public was filed the County Clerks office yes
terday This is the third appointment OF woman to
this oosition that has been made Miss Murphy Is a
real estate agent In the Annexed District
Justice Andrews, Of the Supreme Court, mas granted
Temporary Injunction pending the second trial OF the
,t n, the Commercial Telephone Company, for perma-
nent Injunction restraining the Stock Exchange from
interfering With the companys rights and privileges on
the floor Of the Exchange.
Jere Johnson the real estate auctioneer, and Hitch.
cock the real dealer both pictures Of flag in
their advertisements In suit In which johnson seeks
70 restrain Hitchcock using this trademark Justice
Andrews in the Supreme Court, Chambers yesterday
served his decision.
Tho drygoods firm Of Welsh Brothers, who recently
opeped store at Nos 2S9 and POI Futon-st Brooklyn,
made an assignment yesterday the benefit OF their cred
iors the employees being preferred. James Mawha, OF
No. los Sumner-ave, Is the assignee
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19
HrR LOVER DID NOT REPENT.

charge Of attempted suicide was preferred against
Carrie Hallowe of No III Monroc-st., at the TOmbs
Police Court yesterday. The young woman was
found at the corner of Canal and Mott SIS with
package Of Paris green and bottle OF wafer "iich
she pretended was prussic acid threatening to destroy
her life She told Justice Welde that her lover,
young man named Hamilton, had deserted her and
that she was pretending to commit suicide in front OF
the store where he was employed, in the hope that
he would repent and promise to return to her. Hamil-
ton saw the girl with the poison but refused to have
after being severely reprimanded by the Judge.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19
DIR. ooPrs DOMESTIC RELATIONS

Lizzie McGuinness, the young who Is accused
nv Dr. O. w. Gon of grand larceny IA first degree
plssded not guilty" yesterday before Judge MARITIME
She said that Dr. Co.. after the escspsde with staten
Iaand girl which led TO charge Of abduction against
htm d,0 not live pleasantly with his wife that some
tes ssssulted his wife, and that Mrs Gon her the
wearing apparel which Dr. Con accused her Of stealing
She says that instead trunks there was only one
snd that clothing much less valuable than her
accussr estimates It 70 have been.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19
MINISTER'S TALKING TO MINISTER'S.

The Rev. Dr. Bickel, superintendent Of the Amerl-
can Baptist Publishing Society In Hamburg, taken
to the Baptist ministers yesterday ON Baptist ~orA
in Germany. He said that in portions OF the country
the Baptist denomination was composed almost en-
trely of the poor working people Worhngmon IN
this country did not understand what small wages
were received there. Mechanics earned 70 Genus
day and workingmen generally IL IL cents Ihcir
homes were often mere holes dug in the earth
The Rev. W. W. Knox, Of Bayonne, n D., read
paper entitled "The Training of Candidates for the
Ministry" at the meeting OF the Reformed Pastois
Association yesterday.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19
TIE SrInIpE OF MIss LuLIA GARGILE.

There seemed be doubt yesterday that Miss Julia
Garglle committed suicide Sunday morning. when she
walked of the roof OF the boarding house No. 90 Wash
mgton place. Her body taken TO Undertaken Bene
diets shop, ct No. 90 Carmne-st and arrangements
were made for q funeral service In the North Baptist
Church in West Eleventh-st at y. to-day. Her
MOTHER Mrs Agnes Rhodes who has been twice widowed
has living in Georgia Both were sons OF Mrs
Rhodes's husband, and property belonging 10
the family cannot be divided until the younger son, now
seventeen years Of age IS twentyonc The Oldest son
is q musical director In Macon, Ga. A place for tho
burial Of Miss Cargile's body would not DO selected
un her brothers could DO consulted, lit was said YES
ierda
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19
4 LISTLESS DAY IN CONGRESS-


THE VENEZUELAN TREATY NEUTRALITY-SUSPICIOUS.
OVER THE GETTYSBURG BILL.
Washington, June 19.-The Senate couid haruiy
have presented moro lstless and langud appearance
or shown more utter Indifference to ordinary legsat
I've business than it did to-day. On the Republican
side of the chamber there not half dozen seats
occupied at any one time and generally only two or
three. Three Of the possible Presidential candidates
Senators Sherman, Allison and Hawley-constituted
fully one-thrd of the Republican Senators present
There were about score Of Democratic senators III
their seats, but they did not seem 10 ha'o any
Interest in legislative matters. .,. 49,, 4
The Senate went into secret session and TOOK up ana
ratified tho long pending treaty providing luz an du
fustment OF the Venezuelan claims.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19
HoUsE OF REPRESENTATIVES,.

Washington, June 19.-In the House to-day MI
TOWNsHEND Of Illinois, moved to suspend the rules
and pass the jont resolution appropratlng s2o,ooo
for the celebration Of the twentyfth anniversary OF
the battle of Gettysburg. Mr.. BROWNE. OF Indiana,
refused to give consent, believing that the proposed
exnendture should not be made out OF the National
Treasury Every time a celebration was proposed
An appeal was made to Congress. Yorktown was an
instance OF this kind which would go down az one OF
the most disgracefu orgies ever recorded. Mr. Tim
otby CAMPBELL, of New-York, declared that this
was not local affair, and the conduct OF the other
side in Directing dlsgraceful. Mr.. ToWNsHBND
finally withdrew his motion, saying that he wouia
leave the responsibility of the failure of the resolution
to pass with the other side of the House
The House then went into Committee OF the Whole
on the sundry Civil Appropriation bill. An amend
ment was made providing that there shall be no ex-
tension OF the use Of steam presses In the Bureau Oh
Engraving and Printing When the paragraph re-
atlnC TO the new Congressional Library Building was
reached, Mr. HOLMAN, OF Indiana, said that the
lowest estimate now given Of the cost of the building
was seven million dollars while other estimates
reached twelve millions. He said that the Senate
had sent architects Europe, and had not honored tho
House by consulting it ia the matter. He urged that
the House investigate the subject and intlmated thai
extravaganza had been practised. Without conclud-
Ing the debate, the committee rose.
Mr. TOWNSHEND asked consent to pass resolu-
ton authorizing the loan of tents and tent equpage
TO the Society of the Army Of tho Potomac, at tho
Gettysburg Reunion Time expired before decisive
vote taken.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19
Is THIS CASE OF SUTCIDE7

Mrs. AMMO Flotow OF No. 6S Dykeman-st, Brooklyn,
died suddenly Yesterday She went with her husband
q picnic Sunday and drank beer. On their return
husband scoded her for drinking too much In
the night she complained Of cramps and he went for
doctor She told the doctor that she had taken white
powder with sweetish taste, which he suspected
arsenic While he gone for antidote she died
1t is not known whether she took the poison accidentally
or Oh purpose A box which had held rat poison was
found In the house.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19
MR.. FARLEY FINDS NEW BONDSAEM

ExAlderman Patrick Farley, who is under bonds OF
$40 900 for alleged bribery at the District Attorneys
Office yesterday with two bondsmen. Patrick and
Ellen Farrell each Of whom tho bond for sooOo
wished TO be freed from responsibility Thomas carry
Of No. BIO Madsonst. and Andrew Horn OF No. IL East
Broadway. accepted sueues TO the amount OF
s5, 600 each The bonds filed and the ex'Aaef
man remained az liberty
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19
TIRE Prv MP s1MOys I'LL.

The Rev. Dr. Robert S. Macarthur, Of Calvary
baptist Church, had arranged to leave the city on
tho last Of this month for trip to his old home IN
Scotland For a week his assistant pastor, the Rev.
AIR simons has been critically ILL., and 1t was said yes
1erday that although he was better he was not yet
out of danger, and his condition might prevent the
departure Of DR.. Macarthur. Mr. bimonS ony
rcoently began his duties as assistant pastor OF Cal
wary Church, coming the city from Paterson, NJ J',
whore he had preached for several years
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19
TOO EAGER TO WORK FOR UNCLE SAM

Robert Arnold tooearnest applicant fer position in
the United States service taken before United States
Commissioner Hitchcock yesterday charge OF forgery
committed In the endeavor TO pass favorable examination
lie first tried to obtain an appointment as Custom House
Inspector Later It is charged, he applied under the
OF Robert Euston, for examination under the Civil
Service rules for appointment wesher at the Custom
House The complaint charges that the application was
signed Robert Euson certificate Of good eharae
ter was offered In the name OF Robert Arnold The
cused man was renamed for examination.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19
PERRY WALL, pIsIIKEs NoToRIETY.

E. Berry Wall failed again to present hmseii IN ''
City Court yesterday for examination IN suppiemehs
airy proceedings under the judgment for $loo eptanoa
by Mr. stull, for painting picture Oh MS morse
Faiencs Walter E. Lawton, his lawyer wahteo 'ho
matter dismissed and said the newspapers weio
abound,nop his client. "The newspapers" said Judge
Nehrbas. shave perfect right to report whatever
takes place In this court. If your client does ho'
like tho notorlety you refer to, the easiest way 70
avoid 1t, perhaps, would be to pay the DEBT" me
Judge finally gave the lawyer until next Monasy be
nroduce his client in court and said that unless ne
vas dead or sick In bed he must be there then.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19
FUNERAL OF COLONEL MYgRs

The funeral of Colonel TheodOus Bailey Myers who died
Saturday. were held yesterday OF st. Barthoiomews
Church. There were pall-bearers. The Rev. Samuel
Cooke oficiated The burial was at Greenwood. deie
CATION was present from the Fire Department. headed by
Colonel Jassen secretary Of the Board Of Fire Commits
sioners ExBire Commissioners Galway md Mclean, and
Louis Mesier H. r. Palmer and Wright Sanford friends
Of the dead man, were also present
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19
sroKEs IND yUMBR1pGE MAY MEET.

Captain William Tumbridge whose nose was tweaxed
by Edward S. Stokes front OF the Beaverst Holman
cafe On Friday Saratoga to rest for the sum
mer. Brewster Nissan, his attorney, is In the city,
however that justice to the abused nose Is DONE
Mr. Nissan said yesterday that he would push vigorously
O suit s16 900 damages against Mr. Stokes and sum-
mons would be him soon as possible Bred
Lord manager Of the Beaves cafe said that Mr. Stokes
ett a day two. There will be no duel
between the late combatants.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19
uuunKRDs WHO WOULD BE poSTMEY.

The first OF i've days Of examination of applicants for
sostoas as carriers In Post once brought together
perpng group Of patriots on the top noor OF the Fed
s,sI Rut,dinc Yesterday All were their
country Tor not more than eight hours day under the
NV Isw. About $50 persons have applied and 30 OF
- x>ra ordered TO report ysstarday Most Of them
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19
-RYIyG TO JUMP OFF A MOVING CAR

Michael McDcsmy, driver on tho blue line surface
road, was arrested yesterday for reckless driving.
Conrad Gunner a German, rode downtown in car No.
70, of which McDesmy was the driver He would not
walt for the car 10 stop but jumped of the front plat
form near tho Post ONCE His foot caught and the
forward wheel ran over It, lacerating 1t considerably
He was taken to the Chambers Street Hospital and tho
driysr lnnkad I'M.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19
COURT OF APPEALS.

SARATOGA N Y, Jure lS-In the Court OF Appeals TO.
dav the following causes argued;
No i290-The people, etc, respondents agt Arthur j.
McQuade. appellant.
10 06s-ReDry Beste and others appellants agt Henry
4 Burgen aud 9th ers, respondents. Submitted.
NO SS3-Gdeon s. Wheaton, respondent agt the Presi-
dent ETC. OF the Delaware and Hudson Canal Company
appellants. ,,,, -
No se4-Edward Coffin. IT,. appellant agt William G.
Iessler aud another, respondents Submitted
No 697-wilam N. Eckerson appellant agt. Debayle G.
Crippel, respondent
Following 10 motion calendar 10 Old calendar
numbers-L272 1894. 1910 l260. l262. 1896 1880
1925. ], 23e. Use 1881 and 1.277.
Following the day calendar for Juno TO- Nos 202 12S7
GAO 2S9 879, $780, Si7 and sos.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19
runopEAN PRODUCE MAnKErs

LIVERPOOL June 1880 n m.-Bcef-In poor demand
Pork-In poor demand iams-In poor demand BACON
demand Improving steady at sos d. Roam
mand whsst~In poor demand. Cheese-In fair demand
Corn-spot asd futuresIn posr demand. Mixed Western
4s 7'.d In poor demand Hops AZ Lcndon-New'
Recepts Of wheat past week from Atlantic ports
6iO0 quarters from Pacific psrts. 4s0ooi from otnsr
Receipts Of american foe tia past week. $500
Quartera
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19
GRAIN AND PRODUCE MARKETS.
FEATURES OF NETWORK DEALINGS.


The wheat markets yesterday were feversn ana
weak On the spot the decline was cent, and only
% 600 bushels were taken by shippers Inc nghs
export demand favorable crop reports and sympathy
with corn caused depression in the options OF $50
Q cent the close being at bottom figures as fouows
June 81 7-8 July SO IL, August SO IL, september
90 10 December 90 1-2 cents The visible supply
statement showed decrease of 506,117 bushels Inc
visible supply was 134444s bushels in excess OF the
preyious week Foreign advices regarding the markets
abroad were very unfavorabe and the receipts ct tne
West continue large. Corn on the spot was l@l Ia
cents lower but on the decline exporters sold ooooo
bushels The options closed weak at about lowest
quotations down cents for June at % 3-4 anu 10
nj Ia cents for the other months as follows: July
SO ID August 81 5s September So 1S OCTOBER 90 go
November ST SIS cents. Spot oats fell l-2~l' ano
the options In sympathy with corn declined o-a@oo
cent TO SO 3s for july 80 39 for August and 81 34
cents for September Lard dull and easier under
the depression in the corn markets. Final quotations.
for the options were as follows juno and July 20 o
August SO 49, September SO IS, OCTOBER 20 49, NOV
ember IS 90, December So o.
The receipts of -four and grain reported az Now
York philadelphia Baltimore and Boston were as
follews: Wheat 5O737 bushels; corn, 1oe,'3e push
cls. oats 134675 bushels total grain, 294 i4s push
ole fiour 20 ira packages. At Chicago, Mlwauheo
and ST Iouis the arrivals were Wheat, oy,o2. push
els corn 5,1O6 bushels; oats, 22lioV pusihens >
total grain, 625 1923 bushels; Hour 2S'oo" paifo''
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19
zoo o.a o.. o.. 0ss ess 90. sss sss. ss7. s7o GIL

D73. 076. 49,, p.,.r. prauna L.
57s Ss5 1914 J Sas2 ss Sssi as syzo 1924
CITY co1RTDTRAL TEEM-PART iIBsioEe Mouown 81; JT
Nos 1902 1907 $685. 47e5 47se 49, @ sxo asss
alta 1926. $685. 1913, 9l52, Ss0 o94o oos'' "'"'' ~
b45e. 1854, 1894. 4908 - xxx ,.,... McAdam
c. J.-Nos 1884. 1870. 53s2, 2oos. 37!7, ,,.,, ana
COURT OF OYER AND TEEMsEs-sNslor9 ana
COURT GENERAL bEssIoss-PAKr -. ~ "a
tine j. and Assistant DistrotAttorney DAVIS. -No'
to "a inclusive. p.nr Ir-Refore
Gdersiesve and Assistant DisrictAttorney fofsse'-
Noa to 10 inclusive. u,,r p.,or. covinr
COUaT or GENERAL SEssIoysPARr II -beIo,o S" s
j. and Assistant District Attorney Jersme'--No~ -
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19

Yesterday and arranged for informal reception 70 su
,erntendcns Joshua O. Fitch OF the London SCHOOLS VINO
"a now visiting this country Mr. Fitch Is inc author
Of series Of lectures teachers when RANK sn m aa
Lining Acquainted with the American system OF public
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19

NAVAL CADETS OFF FOR THE A8NoAL CRUISE
Annapolls. Md, June IS spocIaD. THE practice ship
Constellation with 1876 cadets OF tho first third and
fourth classes, sailed Thursday on the annual cruise,
which this year Will be In Long Island Sound, Gar
Diners Buzzard's and Narragansett Bays.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19
The examina.

appeared but not oil Of them were chosen Tne
tons are IN preparation the Increase in the iorce wnvh
Is rendered necessary by the passage Of the Dill
an day
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19
THE STREET PREACHER WILL BE TRIED.

For the third time In week Joachim Kaspary the
street preacher, arraigned at Jefferson Market
Court yesterday He again arrested In Union
Square Sunday night Kaspary demanded to be tried
by . jury as he wanted to make test case justice
German compiled with his desire and held him In $500
hill
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-06-19
THEY WILL NOT FORM A NEW CHURCH.

Tho trustees of the Eighteenth Street Methodist
Episcopal Church. who have retired from their Office
In that body said yesterday that there is no founda
ton for the runner that they intend TO form new
church. The Rev Mr.. North will continue pastor Of
the church for the year appointed by the annual
conference. One or two of tho trustees may leave
the church, but most Of them will continue to attend
unofficial capacity, refusing to accept any Office