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The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-02-19

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The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-02-19

dime novel theories to pieces. and establish
the death of Hamilton perfectly. He Ia u
man OF education and intelligence"
The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-02-19
LETTERS.

Letters for the following persons remain
uncalIed for at the Helena. Mont. postoftioe
Oh Feb. 10, 1891. In calling for them please
say ''adyertised.'
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-06
IN FDrTOR,S BAD RECORD IN ITALY.

The fight between the two factions Of the Italian
colony here took new turn yesterday when bernardo
Ciambetti an editor of "Crstoforo COLOMBO was
arrested by Detectives Won Gerchten and Trainer on
charge of perjury. Vincent Poidori, another editor
of the paper was arrested some time ago on charge
of libel brought by Carlo Barsoti, editor Of " ii Pro
gresso Italo Americana" On April ii, Clambetu was
witness in the Tombs Police Court In behalf OF Pow
dor and testified that he Ciambeti, had never be1a
convicted Of a crime nor been imprisoned.
Documents have been obtained from Italy to snow
that Cambetti was convicted there several times for
forgery and spent time In prison. lie first FORGE
his mothers name and then those OF severa. Other
persons II is alleged that while Clambett was ~
prison he was made bookkeeper TO the warden; ne
took advantage of his position TO steal watch ana
several rings belonging to prisoners, when were III
the safe. When he entered the prison he had nieen
francs which were taken from him and placed 10 ms
credit He changed the figures to l35 francs ana tls
sum was paid him when lie left the prison. HIS crime
was discovered and he compelled TO serve another
term Clambetti lives In West HobOken, \. j. Ban
was fixed at S. 900 and furnished by Louis Penane
a grocer of No. l31 Mulberry-st
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-06
RITS OF LEGAL NEWS.

Tho suit OF Malcolm II. Bell. against Richard Mans
aeld for 81 $50 for alleged breach OF cCntract was
tried before Judge Newburger in the CITY Court yeste
day. Bell alleged that he was engaged by MI Mans
od N NAV the part OF Lord Manly in the pay Beau
prumineIl5 He came over from London and attended
veral rehearsas when he discharged for incompe
tencv by Mr. Mansfield Bell declares that an opportunity
IVES not given to him play the part and that he was
oscharqed without a trial Mr.. Mansfield declared
that Bell was entirely incompetent to play the part
sealed verdict ordered.
Alfred Blerck bought the yacht Wilfred from H. van
Rensselaer Kennedy on April so 1855, agreeing to pay
81 400 for IT, Mr. Kennedy says that Kierch only PAID
$500 on account however and he has brought suit to
recover the balance Mr. B.epck Is in Europe and Ken
nedv Yesterday secured attachment against the yacht
which Is ut Tompkinsville
Presiding Justice Van Brunt handed down decision
Yesterday granting the motion made on behalf oil The
directors OF the NewYork NewHaven and Hartford Rail
vav Company to strike the fifth and seventh counts in
the indictment them personally with violating
the law in regard to railroad ears The directors
are al charged indictment directors with Vo-
laon OF the law they eontended that they could not
be held liable individuals Justice Van Brunt decides
that tho right in the CONTENTION In the present
case at least there evidence before The Grand
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-06
4 CONCERT FOR THE IrALIAy HOME.

The italian Home and Hospital will be materially
assisted by the proceeds of concert which was gwen
for its benefit last night, in the p1rors OF the van
Norman Institute, seventy irst-st and West End ave.
by Madame Calyo, the musical instructor at the In
sttute assisted by her pupils and friends. large
number Of appreciate people were present Ihe re-
freshments contributed by the Italian caterers
Mares and Mazzett. Thorley, Wilson and other
florists contributed the flowers. These Will be sent
to-day to the hospital together with the proceeds OF the
concert. The spacious parlors were tastefully dec
GRATED with American and Italian flags. ntertwined.
Mrs Postley Mrs. Gersner and Mrs Tbldi volunteered
their services in the good cause, and played on the
mandolin and guitar. and the Van Norman Banjo
Club won warm applause by its music with the banjo
The feature OF the evening came when Madame CalyOs
DuDiIs sang credit ably cantata, THE Picnic, ar
ranged by their Instructor whose success In this lana
has not bluned her love for her c0untrymen ana
women and whose good works well known In the
prisons and poorer class Of tenementhouses In this
city
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-06
THE FALLING PLASTER SAVED HIS LIFE.

An ornamental iron grder fell from the ceiling IN the
northeast Of the first floor Of the Postofhce
yesterday morning and several employees had narrow
escape from serious injury or from death Tho
girder was formerly supported by screen. which was
recently taken down. II was thought that the piece
Of iron was securely fastened II left in It's place.
A. b. Maze superintendent of Mails Major Williamson.
the assistant superintendent, and several clerks
in the room James White being seated Just under the
long bar of iron. Some Of the pasenng fell on White
and he got up to what the matter was Just then
the order which weighs several hundred pounds, fell
10 the floor smashing the chair from which White
had Just risen and damaging other furniture. No ono
WAS hurt
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-06
WHAT ELBOGEN CALLED FULL DRESS.
THE COSTUME REACHED ONLY TO JENNIE
RECKwEG'S KNEES.

The prosecution put in the rest Of its testimony
Yesterday in the case Of August Ebogen, the dramatic
agent. who is charged with kidnapping young women
and sending them TO disreputable concert hail. the
ROYAL Palace in New Orleans. The complaining
witness Jennie Recweg, crossexamined at length
in the morning She said she was seventeen years OLD
and had worked ever since she was eleven, giving all
her earnings to her father she wanted to go on the
stage and become another Lillian Russell so that she
couId earn more for her father. Elbogen told her
she could earn S35 or $40 a week in the New-Oreals
nace as she would receive go week and 10 per cent
o The value of the wine she sold When she arrived In
New-Orleans she learned the true character oil the
concert hall
Mrs Elizabeth Dell of No. 400 East Elghty-fourth
ST testified that Elbogen had secured place Tor er
fifteen ycar-old daughter in the Royal Palace. when
the witness learned what kind OF place IL was sue
upbraided ElbOgen. This testimony was 10 snow tliat
the prisoner was not Ignorant Of the bad reputation
~ the concert hall. william j. Barrett, police
captain of New-Orleans, testified about the way al
which the concert hall was run. 49, -, . A.,
Charles Reckweg of No. las west IentIFst' t th
young womans father was the heAt WI WI 1ao
of Lillian Ray and had gone TO New MS uh hu
she was on the way there. Eibogch tOlu MN 1lia'
the women at the Royal Palace wore evening uress.
Jennie Reckweg said that her costume there was
low cut and reached only TO her Knees y: no i
stewart a negro, who was formerly barkeeper III
the ROYAL Palace next described the knd OF Plauee
il was He Is at present palace car PufI, . Duu
was formerly member of the Louisiana Legislature
Mr. House counsel for the prisoner then m0ved
that his client be discharged as no case hin De eel,
made out against him. judge Maruhe reSer'eu MS
decision until this morning
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-06
NETWORK DAILY TRIBUNE WEDNESDAY,

operative upon the expiration Of the two years and
when power condemn has ceased to exist and when
by the cys neglect TO act the value OF the companys
franchise has been avely increased, and puts the
negotiation wholly at the mercy OF the vendors Is re-
pugnant TO the purpose OF fairness and equality which
the statute evidently abored to But II Is said
that its words imperative and not 10 be changed or
dsregarded; that there is authority granted to buy
when price Is agreed on, and so, whether within
without the two years With all due respect to the
potency of the adverb we must not fail to observe tha
II is when and not " whenever
It respects n point Of time in the progress OF
simple negotiation, and not in events OF an unlimited
future. IL contempates possible agreement as TO
the price in the of the authorized negota-
ton and of the permitted effort TO buy, and when
that the authority to purchase arises. But II
the single negotiation contemplated ends in disagree.
the city may condemn but must exercise the right
within two years not at all. The only negotiation
authorized Is the one which may end In this agree
ment as to permit Of condemnation. may so end that
then, in that case" the right of eminent domain may
be employed and no other broader authority given
eral and unlimited. but which Is special and par
tcular II Is not rule OF action under all circumstances
but to meet and 1T present and specified emer-
gency. II Is option which, II uneSerclsed within the
designated limits and prescribed manner is lost forever
and does not survive. 1t Is authority for one nego
agreement in such time TO permit the ulteror ana
consequent power to operate IL Is rght only 70 be
exercised while the vendor is under the shadow and re-
srant of the law OF eminent domain Thus understood
the adverb when" has its due allowance OF force and
meaning and is neither superiuous nor independent OF
that the question admits of honest differences OF opn
ion we doom the construction Of the General Term the
correct and accurate Interpretation OF the statute
The order should be affirmed with costs. All concur.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-06
corRr CALENDARS FOR TO-DAY.

sunreme Court-General TermBetore Van Brgns r. 81
and Daniels, J.1Nos 3d. Co. 49, ~ 90 30 30 0' 80
g. sS1re me co ccuT Chambers-BeOre Lawee cOTS'
as 10 G 20 "iea
9os 27t 5O Lax ycs ana 1855 1872 1913
1861 2ias 4si 1914 ia49 1641, u.s. 174o 1850 l4o
1897 reFar BefO gss TT SaS
i i u.s. rna a75 s' 800 o. 5s si 05
20gS SGS Govt 1SH3 Ro7P ~
sss ;5 S 49, s s 1884, sSa @ 3
SFsS 20 fe og gs 555
1888 S $780, g'ls 1872 S'S g., Ss 1851 1916
S1s SS3s 9ls s'lt 2SS ngran.m
Nos 2isi 1919. s2sa SsgS i iSaS S seG S5S7
$ $5S5 s55s S 49, 552s 2256, s27o S274 $685. 1'oi1
S'g Superior COurspeclal Term-Before seds"''A u
Snnepior cOurt-Equty TermBefOre Freedman d.
Nos. 20 2SI $40, Sle, 1884, 1906 S0l' 3d. o'f' ''
so2 sG asS sO IBtSEe Gder'esys
J-No, as 80. 1850 1895 1870 'Zo' ii''' --'''
i2I saDd sSs2 sHs RAJ Beoro MoAdam
JMOs dt ouFtTral rem-part IIIDetYre Dggro
1853 i10t 54I 1sS lf K1Ss5S $40 s7a con
tested viii Charles McGiny at 10 80 a. H. NO p'''''e
caeH omTon Ple,s-speclal TermBefore DAILY c. j.
MO cannon 0n1 pleas-General Term-Betore ALIEN % a.
RIscSoT IT, and Pryor, JJ.-NOs. H. I'D 20 - o.
81 S S TPsEt 5oH @s ss s
JNSos $50 52s; ~, az AZ oS0 0o'' O'i 100 100
24t Common 0 'OP PloSs2Tfal TermParts II and IlAd
iouErqed fST te Term-Beo,e FzsimOns mo
lions; Court-rrial TermPart before Van Wyek S
Nos so So26 a5o5 24l3 1858, 1O2' 3loo SolS' SZ-l
S2S2 y so TermPort IIBet0zEe, Ebrch 10
S NSs' a az 1901 s5i 1856 1872 $40 u.c.,
CITY CourTs TermPsrts l3 zs o ses4 SSc
2s07. 1919, 300 -, ,,, p,r, iv-Refore Newburger j
Sl9 SS9i 3533ia 27O4 3G7S 3407, 1920 1920, 1865.
az SSS6 SiiI 3il2, 34l3 3il4, S4l7 $3.50, 1874,
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-06
JOINING THE ORDER OF OUR LADY OF MERCY.

The chapel OF the Convent of ST. Catharine, at
Eighty GTsts and Madisonave. which is in charge Of
the Sisters of the Order Of Our Lady Of Mercy, was
well filed yesterday with priests and lay persons
who were present to witness the interesting ceremony
of the profession Of three Sisters into the Order Their
names are Miss Mary Hughes, Of Jersey City, In
religion sister Mary Carmea, and Miss Anne Callahan
and Miss Agnes ORely Of this city, in religion Sisters
Mary Borromeo and Annunciata. Monsignor John
NJ Farley, pastor Of st. Gabrel's Roman Catholic
Church, in East Thirty -seventhst., tho spiritual
director Of the order, celebrated the mass, and the
Rev. Francis T. Mccarthy, an eloquent member OF tho
Jesuit Order attached TO St Lawrence Roman Catholic
Church preached. After receiving Holy Communion
each OF the sisters made the usual VOWS Of poverty
chastity and obedience.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-06
.rorr p,prD TRANSIT COMMISSIONERS.

Valuable time is stin being FILTERED away by the
RapId.Transit Commission. feport was expected a
month ago. but it is not yet N sight. The meeting
held yesterday resulted in nothing Of practical value
n,rb old ground was gone and conclusion was
cached Louis Hentz, who has two and a half years
g., which 10 make new map of the Annexed District.
sat With the Commission for the purpose OF finding out
H.. q intended doing in order that he might suit his
non 10 the new routes. but he received little satsfac
zion According to Professor Totten, lof Yale. tine
millennium begins in 1899. Goodness only knows when
Id .ransit viii begin. Five able men should have
itP the whole business months ago IL rapid
.sit when il comes II IL does come, is rs slow
~ tbis Commission why, then the people OF New-fOrk
NIGHT as well get themselves In training To walk.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-06
TRADE RELATIONS WITH CANADA''
THE SENATE SPECIAL COMMITTEE 1NVEsIl-
eating IN BUFFALO.


eating IN BUFFALO.
p,eo,o Nav 5-Four members of the United States
coroto Committee on Trade Relations with Csna"@
~a,,.o1 IN the city from Niagara Falls early last
o',a,,nc Tbov are senators Hoar Dolph Hale ana
crov The public hearing began this morning a'
tho Merchants Exchange. The first witness was OK
Nayor John II. Manning representing uo n'"i~"e
;toreste He was glad to know that RECIPROCITY was
- oe,dored He asserted that 1t would help
49, o,Io of this country as we'll as Canada lie
rointed ont that in Buffalo S10,OOO'ooo was lnvoeVe
=; Tho mailing interests and between S3oooooooo anu
n IL, W., 600 600 in New-York State He showed that
Canadian barley was ~e best LOT ilaOl"e e'."S
crou,p on this continent and that it was important
- :. aho,,d he admitted into this country under
s'Suoh,o conditions Referring to the duty put on
Conadio harley by the Mckinley BILL ne saio Ui'ae
.t Comedian harley business was annlmlaen' hoV I"
bushel was coming over .-,..-
~yrorld o. cents ruin it7" asked Senator Gray
aV.s sir 90 cents would ruin 1t; 10 cents was
.b ,,or tax AT 3 cents think we couIu eeV d'one
rpe dutv does not help our agr1cutuns@. we 0"nIo'
hepn 10 raise the barley that Is hecueu III UN' ''1
try" ,.o,o. Thought that II the
i"'i' -, eides of the line on bitumnous coal
" tohen off the result would be eiea'ei
So IN Canada Of American COAL
uadstrom another coal dealer VINO ueals
1is,o1,, IN anthracite said he handled TONNAGE ~
aahoit 3OOO0O tons year ago. "i e
of which went vent Won send more to Canada'" asked
Senator Hoar. ., +rades
There Is nov U an East Buffalo live stock dealer
.,; W Senator Hoar asked MN asf I've Stock
the cOnts aSsMeRed That chief change des hCs
interests in regard to transportation Ill "hch U''o
was discrimination then adjourned till II a. M to-
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-06
DECISIONS IN THE COURT OF APPEALS.

DECISIONS IN THE COURT OF APPEALS.
Albany, May SIN the Court Of Appeals to-day
the following decisions were handed down:
John Franey, appellant agt Herman I. Smith
ct al, respondents. Motion to amend remitutlr
The People, appellant agt John Keff, respondent
Edward Roberts, appellant, agt Baumgarten ct all
c. Chaplin, Mayor, etc., appellant the People eA III "a
John L. Cook and another, appellants, agt EgDert ~
lIlldreth ct AL, respondents Order ainrhneu' VIII"
costs. -. -. ruos
samuel H. Cohen ct al respondents, agt sv. Elias
ron assignee etc. appellant Pc sde the eVen
The Mayor, etc, of NewYork, respondent, agt; the
National Broadway Bank Of New. York apPelda ahr
John Bower executor, ETC., respondent, agt Jonn
Speckman appellant Frank Kelner, respondent agt.
the New York. Chicago and ST. Louis Ralroaa Oopan''
appellant Judgment armea gt'" Caroline O. Bower
and Others respondents. Judgment OF te nod
Term reversed, and that Of the special Term areu,
~ costs from the interposition Of the demurrer ana
within twenty days after notice OF the entry OF uS
judgment upon filing the remitutur.
The following cases were argued;
George W. Palmer agt. Eugene H. Conant ana an
Harmon H. Hart, appellant, agt Theodore W. Myers
A'I pairch phillips respondent agt. the Rome Water
town and Ogdcnsburg Railroad Company and another'
appellants. ,,. + tho poori 81 Trus-
toes OF White Plains and another, respondents. >
John Refining and another, respondents agt the
New-York Lackawanna and Western haliroad |oni-
Ghristian r. Strasser and another respondents agt
the New York LAckawanna and Western Railroad ConI
Rosahna jeanne and Others respondents agt the
New-York Lackawanna and Western Railroad Oohi-
Joseph Smelling respondent, agt. tie Brooklyn and
New York Ferry Company appellant
The following is the calendar for tomorrow: NOS
136. 1877. 13o, lao, 141, 49, 144 and 14o.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-06
ASKING THAT THE WILL BE SET ASIDE.

Edward A. Brne died in March, 1850, and his VIII
was admitted probate shortly afterward Yesterday
his sister, Harriet f. Noble came into the snrogaes
Court and asked that the decree admitting the VIII to
probate be set aside. She alleges that by former
will she would receive much more OF the properly than
she does under the will which was admitted to probate
She also alleges that Mr. Birnc was OF unsound nina
when he died. and that proceedings were about 10
becin TO have him declared unatic at the time OF Ills
death He was in the care OF his friends, sne dc
clares and one day the person who was watching nun
t,,rned his hack for q minutes. Mr.. Brne ran up
Stairs and when he pursued he jumped out OF tle
v-ndOw the fall causing his death. Surrogate Ran
som reserved his decision upon the mouon 10 SET asiue
the probate OF the Will.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-06
v,r,oyAL CONFERENCE OF DocToRs'

wa,niroton. May 5.--The American Meu,odi zA1 ~
Wasmns tb,s morning, being called to order by d.
ciatloh me. .n, Of washington the chairman OF the
D. tas en pocaI Arrangement Colonel w. Ross
one OF te nddress Of welcome and the president
pen'v Briggs, of Nashville, Tenn tnen gave ene
annual address The trustees Of Inc So@ "ha CHAIR
their report through Dr. W. W. pawso io"rDaIs sSould
man They recommended tna S.,aaHo
continue 70 voted on motion Of Dr. cOmegys OF ONO
1t was 0 voteo Of the association appoint em
tee to petition Congress gre set co of Public Health.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-06
A FERRY coMpANYs LEASE IN COURT.

FERRY COMPANY'S LEASE IN COUNT
The argument to continue the Injunction restraining
the Sinking Fund Commissioners from renewing the
leases of the Union Ferry Company. went on De-
fore Chief Judge DAILY in the Court OF Common Pleas
from the time court opened until O'Clock D. M yes
terday and then all the eloquence Of the lawyers was
thrown to the wind Every argument made thus far
was considered not made and the lawyers all agreed
to allow the original preliminary Injunction to STAND
until the trial OF the suit. This was what the motion
was for and so there no use Of arguing any
further After the lawyers had discussed the questions
involved for hours, they discovered that they were
all willing 10 try the early in June. That meant
that the Injunction would only remain in force Tor
MONTH and the lawyers for the company declared that
they did not care anything about that. Judge DAILY
then dismissed the proceedings upon all the counsei
EXPRESSING themselves satisfied with the arrangement
The Injunction suit was brought by Edmund IT, NC
Clave as taxpayer, and he was represented by
uoadly Lauterbach & Johnson Joseph ii. Choatc
and Grosvenor p Lowrcy appeared for the company
The presen company bought the ferry property little
over year ago for about 30 100000 and recently, tor
the purpose of renewing the lease from the city the com
panys property was appraised at nearly S4'oooooo'
McClave declares that the valuation now placed upon
the property is fictitious for the purpose OF preventing
any other company from leasing the ferries The com
many denies this allegation and declares tnat the val
nation placed upon the property was put there Dy te
ofIiciaI appraiser appointed by the Controller
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-06
TILE INITIAL SAYINGS FUND ASSOCIATION.


Albany, May (SpecaD-In the General Term 'o
day the action the People against the Mutual savings
rnnd Association was argued on appeal from an order
Of Justice Edwards denying a motion for an order
modifying a temporary Injunction. The action Is
brought 20 dissolve the corporation, and the inuhcoh
restrained tho association from doing any business
nendnc decision Of the action The association wanted
the Injunction modified to permit 1t to use lte
funds in conducting its defence OF the acuoh' Inc
association conducted in New-fork CITY numerical
bond or certificate redemption business, WHICH, the
n1aintifs aIege was scheme to defraud the public
for the benefit of the ncorpoatos and their relatives
In fifteen months it was alleged by plaintiffs, the
association gathered in from the public by this scheme
s13j 600 of which $4,000 went TO the inc0rpoit0rS
and their relatives. for which they pald only @t,Uo'
who paid ony 81 500 for It, The case was argued by
Matthew Hale for appellant and Deputy Attorney
General Maynard for respondent.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-06
THE WOMAN MUST SERVE HER TERM.

Rachel simmons was convicted in Special Sessions
about six months ago OF keeping dsordcrly house
and was sentenced TO three months imprisonment In
the penitentary She served three days Of her term
and was then released pending an appeal OF her case
30 ceoeral sessions. Recorder Smyth affirmed the
Secn NJ the lower court on Saturday and the woman
was rearrested Yesterday She lives at broadway and
Mosholu- ave not far from lonkers.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-06
TAKING UP HIS CHIEFS Battle.

Assistant Disrlct-Attorney wauhope Lynn has taken
up his chiefs fallingOut with Recorder smyth. and
yesterday he answered the Judge sharply In court
The Recorder told Mr.. Lynn that he should have In
dorsed his agreement TO postpone case tie papers
and Mr. Nicolls assistant retorted that 1t was the
business of the clerk % do that Mr.. Lynn afeTward
remarked to his friends that he didn't propose I'd be
buldozed by the Recorder