davidaulloa/AmericanStories huggingface dataset:
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04
DRAGER AND OLSEN.

The Supreme Court Sees No Reason for
Disturbing the Verdict.
There was filed yesterday the decision oil
the Supreme Court in the cases of John
Olsen and Henry Drager, the men now in
the Ell Dorado County Jail, who were con-
victed, with Harry Myers, of the murder
of John Lowell. Myers has already suffered
the laws penalty. The case went to the
higher Court on the judgment roll, the
evidence not being presented. After re-
viewing some of the points on which the
appeal was taken, the Court says:
"What the evidence was, or what it
proved or tended to prove, we do not know,
as the evidence is not in the record, and in
the absence of such knowledge we do not
know that the instruction was wrong if it
would have been wrong in any state of the
evidence
"The instructions of the lower Court
to the jury, at is within your
discretion to pronounce such q SEN
tence as will relieve such defendant
from the extreme penalty of the law" is
criticised by the Court. 1t says the jury
should have been instructed in specific
terms as to what verdict they were aufhor-
of the fact that they were not bound to re-
turn such verdict as would result in the
iptiiction of the death penalty. There was
nothing in the instruction to mislead. If
the counsel for the defendant desired a
more specific charge on the point, they
would have asked it, and if they did not do
so the responsibility must rest with them.
We do not wish to be understood as hold
ing that an entire failure to instruct on this
subject, in this class of cases, would not be
error. But where the Court does instruct
and call to the attention of the jury that it
is within their province to determine
whether or not tle extreme penalty shall
be inflicted, and the instruction is such as
not to mislead the jury, a defendant can
not be allowed to complain that the in
struction was not sufficiently certain and
specific when the attention of the Court
below has not been called to it and no more
specific instruction has been asked for.
The judgment is affirmed"
The decision was written by Justice
Works, and is concurred in by Justices
Mcfarland, Sharpstein, Paterson, Thornton
and Chief Justice Beatty
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04

Judge Terry's Idea Accepted as Being
the Correct One.
The Supreme Court has granted J. p.
Carroll, who was convicted in Fresno of run
ming banking game new trial on the
ground of insufficiency ofeyidence When
the appeal was up for hearing the Court
was at loss for definition of what was
meant by the expression "a banking
game" but in reaching its conclusions in
the matter it accepts the followiLs 5efni-
Ton, furnished by ex-Judge Terry the
trial of the case at Fresno:
"A banking game is game conducted by
one or more persons, where there is fund
against which everybody has right to bet,
the bank being responsible for the payment
of all the funds, taking all that is won and
paying out all that is lost. The fund which
is provided for that purpose is generally
called the bank and the person who con-
ducts il the banker"
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04
JUDGMENT REVERSED.

The Supreme Courts Caustic Reference
to a Colusa County Jury.
A decision in the case of the People VS..
Stewart has been filed with the Deputy
Supreme Court Clerk of this district. The
defendsnt was convicted in Colusa county
of grand larceny, and appealed, on the
ground that the evidence was not sufficient
to support the verdict. Stewards convic-
ton was secured ON the testimony of one
Bryan, which was that Stewart had stolen
$3.50 from him. The Court finds that the
evidence was not sufficient to establish
felonious taking of the money, and that
the verdict must have been the result of
passion and prejudice. The Judgment and
order are therefore reversed.
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04
PROPERTY TRANSFERS.
Deeds to Real Estate Filed With IL

Deeds to Real Estate Filed With the
County Recorder.
From law and abstract Office of Brusie & Tay.
lor southeast corner of Seventh and J.
The following transfers of real estate have
been made since the last published re-
port:
n. J. Stanley to J. T. CoSteDo-West ma f of lot
2, and w, Twenty-tifth and Twenty sixth
streets; grant.
A. T. Anes to Ephraim Ray-Lots and 5,
block Is town of Gait; SIS.
W. l.. PriGchard to Martha J. McLellan-The
east quarter and the west half OF east half OF
lot 80 in Oak Grove tract: grant
Charles X. Kelley TO Mary Kelley-Two acres
IN the town of Elk Grove; 81.
Joseph Lippert to Mrs. Ella L. Condrey-North
quarter of lot s, ] and K, Fifteenth and Sia-
teenth streets; quit claim
Mrs. Ella L. Condrey to Jacob G. Storch and
Jessie Storch-Same property; grant.
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04

Earned Runs-Sacramentos, 2; Oaklands, l.
Home run-McLaughliu, Daley. Three-base
hit-0Day. Two-base hit-McSorley, McLaugh-
I'm and O'Neil. First base on errors-sacra-
mentos, G; Oaklands 8. First base on balls
Sacramentos, 6; oaklands, ]. Struck out by
Zeigler, 3; Farrell, 2. Left on bases-Sacfa-
mento1, Z; Oaklapds, 8. Bases stolen-Good-
enough ~. Newbert (2), Veach. Roberts (S),
plays-Gagus ami veach: Hayes, Dooley and
Wilson. hit by pitcher SewbeEt Passed balls
Mclaughlin, /; Hardie, l. Wild pitches
Zeigler, D; Farrell, 8; HAYES, 2. Umpire-Syl
veSter. Official Scorer-Will. H. Young Time
Two hours and twenty minutes.
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04
Charged with ROBBERY.

Officer Simmons yesterday arrested man
named James Flynn and booked him on q
charge OF robbery. On Wednesday night
last man named Joseph Watts was
robbed at Second and M streets of four dol
lars in money, his hat and Shoes Officer
Simmons worked up the case, arrested
Flynn, and Watts identified the shoes worn
by the prisoner as the ones taken from his
feet Flynn did not better his own case
any by claiming that he bought the shoes
of a man on Monday, as Watts was not
robbed of them until Wednesday.
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04

Another unbreakable substitute for
glass, a French invention, consists in i'm
mersing wire in heated state in thin
paste formed of soluble glass, gelatine and
glycerine, or glucose, in proportions vary
ing according to the use for which the ma
terial is designed. When nearly dry, the
sheets are dipped in concentrated solu-
ton of chrome alum or bichromate of
potash. Any desired coloring matter may
be incorporated with the gelatine, and
copal or other protective varnish applied
to the surface.
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04

Earned runs-Stockton. San Francisco, 8 !;
Home run-Ebright. Three-base hits-Swett
Levy. Two-base hit-Whitehead. Stolen base s
Shea ~, Donohue. Howard, Sweeney ~,
Sticsney ~, Selma. First base on errors-San
Francisco, Stockton, 4, First base on called
balls-San Francisco, s.; Stockton, L. Lett on
bases-san Francisco, s; Stockton. is. struck
out-By Fudger, 3. Hit by pitcher-Shea.
Double plays-Smith, Howard, Ebright White
head aud Stiekney, Stoekwen and Powers,
Buckley and Howard, Whitehead ana Sweeney
Time OF game-Two hours. Umpire-SheTidan.
Scofer-StapletOn
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04
Miss Lillian smith.

This young lady, whose remarkable skill
with shotgun and rihe-especially the lst
ter-has surprised the people of both the
New and the Old World. will give one of
her wonderful exhibitions at Agricultural
Park this afternoon, commencing at 3
O'Clock. While abroad Miss Smith gave
exhibitions before the British royal family
and other foreign notabies, and was the re-
cipient of many costly presents.
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04
Mortuary Report for July.

DR.. H. L. Nichols, secretary of the city
Board of Health, in his mortuary report
for July, states that the number of deaths
in the city during that month was IS The
number under one year of age was 4 from
one to five years, 2; from five 10 Ten years,
o; from ten to twenty years, 0; from twenty
to forty years, 8; from forty TO sixty years,
s; over sixty years, 5. OF the deceased II
were males and IL females; native born,
II foreign born. Il.
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04
The Police Court.

John Cummings, who was brought to
Jail by the officers for being drunk, for
feited his deposit yesterday in the Police
Court.
John Leonard was in the same fix, but
luckily escaped punishment.
Owen Morgan, charged with setting FIRE
to bed in the Western Hotel, was held to
answer for arson, with bail in the sum OF
50, 600.
Antone Sigeler, charged with assault TO
murder and disturbing the peace, was ac-
quilted on both charges.
Joe Camp was also found not guilty Of
disturbing the peace.
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04
Election ofoacers

The Clionian Literary Society held its
regular meeting last evening at the resi-
dence of E. c. Atkinson, and the following
officers were elected for the ensuing term
President, Herman H Hummel; Vice
President, 0lion A. Holt; Secretary, Ed
win d. Olney Treasurer, Miss Alice Har.
vey; Sergeant at Arms, r. S. Tanquary
Executive Committee, Miss Margaret Gray,
OhoD A. Holt and n. G. Nelson.
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04
Unfounded Rumor.

For couple of days past there have
been rumors flying about the city to the
effect that Governor Waterman was dam
gerously i'll at his home in San Bernardino
A press dispatch received from San Ber-
nardino late last night, however, an
nounces that he had just arrived there
from Julian, in greatly improved health.
and would this week visit the military
encampment near there
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04
VINO KNOWS Angust Ulriche

A telegram received from New York last
night states that August Ulrich, who ar
rived only few weeks ago from Sacra-
mento, had attempted suicide at Hoooken
by taking poison. He wss stopping with a
relative at the time. He was arrested and
was being held by the authorities.
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04
Pro Quito Club.

On Friday evening the Pro Culto Liter
airy and Social Club held its weekly meet
ing at the residence of Mr.. 0lion Holt at
Ninth and y streets. During the evening
dered: Reading, Stephen l. Hopkins rec
itation, Herman Hummel; song, Frank
Laffertv; vocal duet Miss Clara Clark and
Miss Ruby Brown. After the club adj
journed refreshments were served.
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04
Sales of Two Estates.

Henry Garbe yesterday bought the Mes
sci estates half-interest in the tailor-shop
on Third street, between and K, for
81, 100. The lot is 49, 1851 feet.
The adjoining lot on the south, recently
burned out (7x59 feet, was bought by Dr.
G. l., Simmons f. 81, 430.
The Caldwell estate property in the block
between Fifth and Sixth, NJ and n, COM
prisiug double brick on n street and two
small frame structures in the alley, brought
81, 100, and the l60 acre ranch near Mormon
Island was bid in by the heirs of the estate
for 81 300
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04
Last Nights Glove Fight.

Arattling glove fight took place last night
at the Elite Theater between two heavy
weights, Jack Hurley and Phil Duncan,
the latter colofe1. Fourteen rounds were
fought. and Hurley won by clean knock
out. The battle was characterized by some
of the heaviest slugging ever witnessed
here,
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04
Field Fire Near Town.

A telephone message from the County
Hospital last evening stated that FIRE 60.
started near there in the afternoon and
burned over a large acreage of stubble on
the Gerber aud Harrigan tracts. A force
of men from the hospital went out and
fought the fire until it was gotten under
control.
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04
To-Night.s Concert.

This evenings open air concert will be
given at the Plaza by the First Artillery
Band, commencing at O'Clock. The pro-
gramme, which is mostly new, will be:
March Wanderer Brooke
Overture Banditensireiche .Suppe
Waltz Nadjy Arranged by Moses
Selection, Berlin, vie es WENT und lacht {"
.C0uIdQl
Schottische, "Trotting in the Park" new, ar
ranged be c. A. Neale) ........Miss f. Tobin
PiccoIo solo, The Wren. Damare
Waltz, THE Beautiful Blue Danube -. Strauss
Romance. Day Dreams" Robinson
Operate Medley
...........Gems from Nanon, Erminle and Eikado
Red, White and Blue"
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04
some time ago at San Francisco. No acct
dent was then claimed.
Standing of the Clubs.
The Amateur championships.

MERGED, August 3i-A game of ball was
played here this afternoon between the
Cohen q Wise club, of this place, and the
Santa Cruz club for the amateur champion
ship of the State. The home club won by
score of to 6. There will be another
game tomorrow between the same clubs.
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04
SAN FRANCISCO STOCK SALES.
SAN FRANCISCO, August 8, 1889.

The city of Berlin is far ahead of Lon
don in telephone progress, there being
10000 subscribers. The entire net of
wires in the German capital has reached .
length of II ,S04 kilomcters, and the aver
age number of calls amout to 1876, 6el daily.
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04
rhc EonndIinr cared For.

The infant which was found on the porch
of DIR. Burgess at 80 p street, few morn
ing since, has found a home. Captain
Ksrcher on yesterday succeeded in finding
q kind lady who promised TO care for it.
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04

A Kens,ngton, Pa, teacher explained
that postpone" meant to put off, and told
boy to use the word in sentence. His
answer glibly was given: / am going to
postpone a pack of shooting crackers on
the Fourth
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04
Riickinrer Finad.

John Flickinger, who was recently con-
victed of selling liquors 10 minors, was
sentenced 10 pay fine of $50 yesterday,
By Justice of the Peace Henry. The fine
was promptly psid.
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04
Maud siiverstein.

Chief of Police Lee has given to Justice
Henry his testimony in the examination
case of officer Franks, who is charged by
Maud Silyerstein with misdemeanor. He
says he had given orders for her to be sent
out of town, as she was regarded as a thief.
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04

In one of two stone sarcophagi found at
Rome in the Pratt de Castillo the skele-
ton of a girl was found along with a wooden
doll with jointed arms and legs.
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04
DIED.

Fl Dorado county. July SI-Michael McRlauey,
a native of County Donegal, Ireland, 81 years,
. months and days. Boston papers please
co9y0
Friends and acquaintance are respectfully in
vited to attend the funeral, from his late resi-
dence, street, between Fourth and Fifth,
this Sunday, August 18th, at . O'Clock; thence
to the Cathedral, Eleventh and K streets,
where funeral services viii be heidi
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04

Birth, death, and marriage notices n'Rst be sent in
5y responsible parties and paid for al The rate o. %
cents each: funeral notices. . cents.
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04

THE country is flooded with poor limitations of
the famous seal of North Carolins Plug CUTS
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04
City Finances.

Following is q statement of the receipts
and disbursements of the City Treasury,
as shown by the City Auditors report for
the week ending August Sd:
Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-04
DEFINING A RANKING GAME.

nIAMFINb DUNE HEIE
WITH NEATHESs AND DISPATCH.
Los Angeles daily herald., 1889-02-22
Condensed kilograms.

The Presidents final State reception
last night was attended by vast crowd.
DR.. A. j. Chandler, the Territorial
veterinary surgeon OF Arizona, has found
no diseased cattle in that Territory.
The bill to remove the home for the
Feeble Minded from Santa Clara has
passed the State Senate.
The Lower House of the Hungarian
Diet yesterday passed ragraph IA OF
the army bill, with all Tisza's amend
ments.
The heaviest snowfall in the recollec-
ton Of the people is falling in South
Carolina. 1t is already two and half
inches on the level, and still showing.
Two children returning home from
school through sparsely settled part of
the country near White Earth, Mimi.
were devoured by a pack Of timber
wolves.
Floods estate is stated by John W.
Mackay to be over $40 1000, 600, and is di-
vided between Mrs. Flood and their two
children. He lost between five and six
millions in the wheat deal of 's7.
A late dispatch says that Anteeo, the
famous trotting stallion, was bought by
8. A. Brown & Co., of Kalamazoo, and
M. L. Bissell, of Grand Rapids, Mich,
through ]. w. Knox, of San Francisco,
from the Eonoma County Stockbreeders'
Association for 10000. Anteeo ia nine
years old, and has record of 2:161.
Los Angeles daily herald., 1889-02-22
A Great Grievance.

There are of course unavoidable draw
backs in any scheme of constitutional
government, and Of tx ese e most irri.
tating and intolerable inhere in legis-
lative bodies. It is no exaggeration to
say that both Houses Of Congress OF the
United States have been wrested from
ths original purview, as contemplated by
the trainers of the Federal Constitution.
The Senate has become body as auto
cratic rs the Venetian Council of Ten,
while the House has also been warped
from the simplicity of its original institu-
tion. All freedom of initiative is smoth.
cred by red tape committees; and the
Speaker, by the present rules, is made
absolute master of legislation, at least go
far as that body is concerned. One Of
the anomalies in denocratic-republican
government is the way contests for seats
in the House of Representatives are dis
posed of.
4 There are two aspects to contest for
seat in either branch, one the rights of
the contestant, and the other of the con-
stituency. If man has been cheated
out OF his seat in the House of Repre-
sentatives, for instance, he has the per-
sonsl right to instant justice. OF course
Los Angeles daily herald., 1889-02-22

though the Nevada bank was opened
with unlimited capital, it never succeed
ed in acquiring the confidence of the
public. The wheat deel Of two years ago
vas very nearly a disastrous experience
to this institution. There was critical
day in which, if it had not been for the
Bank of California coming to its aid, so
it is alleged, the Nevada bank would
have been obliged to close its doors.
This timely assistance enabled Flood and
Mackay to interest ex-senator James G..
Fair, who gave them the benefit of his
ready millions and consummate financial
ability. The trial was terrible one for
Mr.. Flood, however. He never rallied
from the shock. To save himself he
was obliged to mortgage immense blocks
of property, of which he fortunately had
great deal, including his splendid
new block on Market street.
The mortgage on this property
was cleared off about a year ago-a date
which probably marks the point at which
this noted plutocrat had recouped his
losses in the wheat deal
1t is much to be hoped that Mr.. Floot
has devoted some of his many millions
to some deserving public object. Thus
far Senator Stanford, living, and Jane:
Lick, dead, are the only California mil
lionaires who seem to have regarded
themselves as stewards of their grea
wealth, for deserving public purposes.
Los Angeles daily herald., 1889-02-22
A shrewd Ratlrood d Sch erne.

NEW YORK, February 21.-The North
ern Pacific's Board of Directors, at their
regular meeting to-day, approved what is
called the "arbitration contract" which
is an agreement between the Union
Pacific and the Northern Pacific Com
panies to place the control of all COM
petitive lines in Eastern Washington
Territory and Oregon in the hands of
five managers to be appointed by the
parties to the agreement. This will
secure all the advantages to both CON-
panies that would have resulted from a
Joint lease of the Oregon Railway and
Navigation Company's system, and
at the same time avoid the responsible
ties of guaranteeing dividends on
that stock. The only con ition connected
with the contract, is the control OF the
Oregon Railway and Navigation Com.
pany, and this will probably be obtained
through the sale of Oregon Navigation
stock now held by the Oregon Transcon'
iinental Company, to syndicate. as
the Oregon Transcontinental owns the
ma jority of the Oregon Navigation stock
and as four out of the six members of the
Oregon Navigation Executive Committe'
represent the Northern Pacific, and the
other two the Union Pacific, and as the.
are all in favor of this contrac no diff
| ficulty is expected. The meeting of th'
Oregon Transcontinental commi tee will
be held next week, to consider the mean
to carry out their plans.