davidaulloa/AmericanStories huggingface dataset:
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-04
EENSEL MUST WHACK UP.

The Attorney General Declined to Pay a
Political Reward He offered.
Chief Justice Paxson affirmed the judg-
ment of the courts of Mexican county in
the case of B. j. Wilmoth against W. U.
Hensel, Chairman of the State Democratic
Committee in 1882. It was alleged that in
speech in Mexican county, Mr. Hensel
declared that his committee proposed to
put stop to bribery and corruption at
elections, and that he had 81, 900 to pay for
the arrest and conviction of pers ons who
would violate any of the election laws
B. J. Wilmoth, the plaintiff, on the night
before election procured tax receipt from
E. n. Howard, the Tax Collector of Brad
ford township, purporting to have been
issued to E. S. johnson. fictitious person.
Howard was arrested, and at the trial of the
case he pleaded guilty. Wilmoth then de-
manded the reward, which Mr. Hensel re-
fused to pay on the ground that the
violation had been invited, and that the
prosecution was not bona fde. The case
was tried in the lower court and resulted in
a verdict for Wilmoth. On the question in
volved Chief Justice Pa1son says:
"Ofenses against the election laws are
the most deadly perils which the State has
to endure. They strike at the foundation
of social order. No surer method
of reaching them has ever been
devised than that of offering a
reward. There are numerous instances in
which it has been successful, of which the
present case is one, and those who have
procured this result are entitled to com:
mendation for their iberality and public
spirit The case was fairly submitted to
the jury and the verdict appears warranted
by the testim ony."
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-04
CAPITAL STOCK TAXES.

Tangible Property of the estinghouse
Company in the State Subject to Taxes.
Justice Heydrick reverses the courts Of
Dauphin county in the case of the Common
wealth of Pennsylvania against the West
inghouse Electric Manufacturing Company
and enters Judgment in favor OF the State in
the sum of Sc, 661 80, being State taxes due
on capital stock. After referring to the
acts under which the defendant company is
chartered, Justice Heydrick says, in gen.
eral:
"It does not follow that the defendant is
taxable upon its entire capital Part of its
capital is invested in patent rights, and that
it is not taxable upon that part is so clearly
and forcibly shown by the learned court be-
low as to render further discussion of that
subject undesirable. 1t is equally clear
that it is not taxable upon another part in
vested in manufacturing plants situated in
New York and New Jersey. This, how
ever, is not controverted, but in addition to
the items upon which the tax was imposed
by the judgment Of the court below, it is
taxable upon so much of its tangible prop
erty as is situated in this Commonwealth" !"
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-04
are affirmed with costs to be paid by the de-
fendant appellant"
WOULDN'T HEAR BURLEIGH.

Rather Significant Action of the Supreme
Court in the Cloonan Murder Case-T. NJ.
Marshall Argued for Another Trial on
the Ground of Error. e..
In the Supreme Court yesterday three
non-prosses were issued as follows: Myers
VS. borough of Bunker Hill, error to Com
mon Pleas of Westmoreland county; Jor-
dan VS. Thornton ct al, appeal and certiorari
to Common Pleas of Venahgo county; ap-
peal of w. S. Ross ct al from Quarter Ses-
sions of Jefferson county.
The list for the first week comprises the
cases, Numbering 4S, from the counties OF
Clarion, Forest, Greene, Jefferson, Venango
and Westmoreland.
AS capital cases take precedence, how
ever, the first case heard yesterday was one
from Allegheny county.
1t was the case of Dennis Cloonan, con-
victed of murder in the first degree and
sentenced to be hanged for the murder of
his wife, Bridget Cloonan, on March II.
Cloonan was a switchtender on the P. r.
r. for over 10 years. On the dav in oues
tion he went home, ate his supper, and ate
his children had gone ou, of the house, he
beat his wife's brains out with a chair
Drunken insanity was the defense The
case NdS appedleu Ou erTOrS Charged U
the court below. Cloonan's attorneys O.P.
Scai:e, Jr, and T. NJ. Marshall, made their
arguments, after which District Attorney
Burleigh arose to respond. Chief Justice
Paxson, however, motioned to him that it
was not necessary to hear his side of the
case. This was significant, and was taken
to mean that Cloonan's s case is already deter
mined, and he can look for no hope from the
Supreme Court.
The other cases argued were: Lyiad W.
Brown VS. A. V. r r. Co, an action for
damages for the death of plaintiffs husband,
who was run over at Foxburg, appealed by
the defendant from the Common Pleas of
Clarion county; George Walters VS. Joseph
McElroy ct al, suit to prevent the defend
ants from carrying coal over plaintiffs land,
appealed by the plaintiff from the Common
Pleas of Clarion county; Welsh & Blank VS.
Huckestein & Co.. an action on a contract,
appealed by the defendants from the Com
mon Pleas of Westmoreland county; j. B.
Foster VS. J. W. Werner, partnership suit,
appealed by the defendant from
the Common Pleas of Clarion
county; J. f. Budd VS. n. Finley
ct al an action in ejectment. appealed from
the Common Pleas of Westmoreland county;
William Thornton VS. n. T. Sykes ct al,
partnership suit, appealed by the plaintiff
from Common Pleas No. of Philadelphia
county.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-04
KICKED ON THE TOLL,
Lancaster PeS ple Must Buy the Franchise
to Get Rid of Gate.

Lancaster PeC pls Must Buy the Franchise
to Get Rid of Gate.
The case of the city of Lancaster against
the Conestoga and Big Spring Valley Turn
pike Road Company is an interesting one,
and the Supreme Court speaks out rather
plainly on the policy of the city of Lam
caster. The road company built a turnpike
in 1869 and located toll gate inside the
city limits, at which tolls have been COL
lected ever since. According to the testi-
mony in the case the city threatens to re-
move, tear down, prostrate and destroy said
toll-gate." In ruling against the city Chief
Justice Pa1son says:
'tIt may very well be that by reason of
the growth of the city of Lancaster, toll
road, and especially toll gate within its
limits, has become Objectionable and a
burden to its citizens We may assume,
however, without any violent strain, that
it is the toll and not the gate which is the
cause of the trouble. The more manly and
at the same time the honest way to free the
city from toll would be to purchase and
pay the company for its franchises. What
the city now proposes to do amounts prac-
tically to confscation. This is short way
to get rid OF chartered rights, but is one
the law does not approve Of II
the gate in question is public
nuisance, it is singular the city has been %
years finding it out The appellant COM
pany has committed no encroachments on the
public rights of the CITY of Lancaster. On
the contrary it has been acting strictly
within the line Of its chartered rights"
A perpetual injunction was ordered
against the city to restrain it from confis-
eating the toll gate and the costs of the ap-
peal are placed on the citv.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-04
HIS CREDIT NOT INJURED.

The Western Union Delayed for Day to
Pay Money Sent by Telegraph.
Justice McCollum reversed the verdict of
Common Pleas Court No l, of Philadelphia,
on the appeal of the Western Union Tele-
graph Company VS. Thomas G. Smith. In
this case Mr.. Smith had a note for SS7 25
fall due on Saturday, September II. in the
Philadelphia National Bank, and being in
New York, he sent the money by
telegraph. The telegraph company
failed to pay the money on Satur-
day and the note went to protest.
The money, however. was paid by the
company on the following Monday, at the
same time making an explanation Of the de-
lay. Mr.. Smith thought that by the delay
in the payment of the money his credit had
been damaged. and he brought suit and was
awarded 81, ,ooo damages, but this amount
was reduced to $500 by the Court.
Justice McCollum held in his opinion
that Mr. Smiths assumption of impairment
to his credit was erroneous and that he
failed to show any pecuniary loss as con-
sequence.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-04
on of the location Of the tracks

reason of the location of the tracks. A re-
covery was had Tor the damages sustained
for the property fronting on the street, but
the Judge ofthe Court below instructed the
Jury that there could be no recovery for the
other piece. Justice Williams says:
1.-The general question thus raised Is
whether q lot owner whose lot does not APP
proach nearer to a line of railroad than
from 100 to 200 feet, but who is within reach
of the noise and dust produced by the Or
dinary operations of the road, may recover
damages for the consequential injury, by
reason Of such noise and dust. If so, it Is
not easy to see why all citizens of Potts
vile living near enough to notice the noise
or dust might not sustain an action.
''The proposition that two distinct tracts
of land connected only by means of way,
whether public or private. cannot be treated
as one for the assessment of damages is we'll
settled. As general proposition the prop
erty must be that which is invaded in the
exercise of the right of eminent domain, or
that which abuts on highway that is in
yaded"
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-04
RIGHTS OF LIMITED PARTNERS.
The Decision of the Lower Court Sustaine
in the Gearing Carroll Case.

The Decision of the Lower Court Sustained
in the Gearing Carroll Case.
Justice Sterrett afirms the decision of the
Common Pleas Courts of Allegheny county
in the case of H. c. Gearing VS. D. w. c.
Carroll & Co. Suit was brought against
the defendants for S3.642 20 for lumber
and material The defense was that ''noth-
ine is due to plaintiff from deponents or
any Of them as individuals, and that they
are not general partners, nor liable
as such; that the sum claimed by
plaintiff is q debt contracted by D. W. G.
Carroll & Co.. Limited, which is limited
association. The plaintiff by counter afii-
davit denies that the defendants had com-
piled with the requirements of the act au-
thorizing the formation of limited partner
ship associations, and alleged that their
articles OF association were fatally
defective in that they did not set
forth the full names of the
partners; that the amount of capital stock
subscribed is in many instancea subscribed
in bulk, ETC.
On the trial of the case the defendants
liability as general partners for amount
claimed was practically conceded, unless
their organization under the limited part
nership law relieved them from that re-
liability, but a verdict was rendered for the
plaintiff
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-04
ONE FOR BOWMAN.
The Bishops Ousted Preacher Reinstated
by Justice Green.


The Bishops Ousted Preacher Reinstated
by Justice Green.
In the case of Gross ct al VS. Wieand, ap-
peal from Common Pleas of Northampton
county, Justice Green handed down an
opinion. This case was peculiar. Rev.
Mr.. Gross claimed the title to his office as
preacher at Bangor, Pa. by virtue of an
appointment made bya body claiming to
be the true East Pennsylvania Conference
of the Evangelical Church. which
was presided over by Rev. Mr..
Haman. The defendant, Rev. Mr..
Wieand claimed title to the same Office of
preacher by an appointment made by a
body also claiming to be the true East
Pennsylvania Conference presided over by
Bishop Bowman. Which of these was
the true East Pennsylvania Conference was
the matter in dispute. The hearing in the
lower court was for a preliminary in
junction by the plaintiff, Rev. MI.
Gross. An answer was fled deny
ing the plaintiffs right, also deny
him to be the right conference. After con-
sidering the matter the lower court decided
in favor OF the plaintiff
On October 81, 1891, the Evangelical
Association of North America met at In
dianapolis, and among other things decided
the conference of East PENNSYLVANIA, pre-
sided over by Bishop Bowman, to be the
only lawful conference of the association in
that district and its acts and appoint
ment of preachers were the only
valid appointments for the year 1891.
Justice Green holds that the General Asso-
citation being the Supreme Court of the
church having decided the dispute in favor
of Rev. Mr.. Wieand, that the claim of
Rev. Mr. Gross is clearly illegal, and the
decision of the lower court is reversed.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-04

If you feel faint, nervous dull tired, Ian
guild, 1ow-spirited, lifeless and misera-
BILE, experience faintness, sense of fulness
or bloaring after eating, have irregular ap-
petite, constipated bowels, frequent head
aches, wakeful or disturbed and unrefresh-
ing sleep, with weak back, backache, drag
ging down pains, irregularities, failing, ETC.,
90 instant q to the drug store and get for 81 90
a bottle Of DR.. Greenes Neruura blood and nerve
remedy sofich is the greatest boon to ,Oonsen euer
discsvered, and By its use be restored to sound,
heonhy and rigorous aOom1nhood.'
You need not fear to use it, for it is purely
vegetable and perfectly harmless. and it will
bring back strength to your nerves, fresh
ness to your complexion, brightness to your
eyes, and the bloom of health to your
cheeks
The discoverer of this great remedy, Dr.
Greene, the most successful specialist in
curing all forms of nervous and chronic
Diseases 35 W. l4th street, New York, can be
consulted free, personally or by letter. Call
or write him about your case or send for
symptom blank to fill out, and q letter fully
explaining your disease, giving advice, ETC.,
will be returned free.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-04
NOT AUDITING PROPERTY,

Street Improvements Must Be Paid for Out
of the General Taxes.
In the appeal of the City of Reading
from the decree Of the common pleas Of
Berks county in equity, Justice Ste.rett af.
irmed the lower court. 1t was street case
in which the city attempted to collect for
Improvements from the abutting property
owners.
Judge Sterrett said: "We are tar from
being convinced that the necessities of the
times, or any commendable consideration
requires us to reverse or so modify the de.
cisions referred to as to permit the cost of
repaving public streets, for the benefit of
the general public, to be assessed and COL
lected from the property abutting on such
streets, and because we are not 80 convinced
we think there was no error in granting the
injunction complained Of"
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-04


they did not understand my case, so
thought would try DIR. Greene's Nervura
blood and nerve remedy, and the result has
been truly aoondeJtL 1 now feel in better
health than for the last 20 years. During
all this time l have been suffering with
Malaria, Heart Disease, Kidney and Liver
complaints, nervous prostration and Sleep
lessness. For the three months before taking
this wonderful remedy Ih1d bsen confined to my
room, and most of the time to the bed. feel,
with the blessing of God, Dr. Greene's
Nervura blood and nerve remedy has given
me a new lease of life and health, and that
am cured ofaH n,y troubles have great de-
sire that others may be benefited as have
been, and take every opportunity to recon-
mend Dr. Greene's Nervura blood and nerve
remedy to the sick. Mrs. E. S. Bogart,
Baptist Home, Sixty.eighth St., New York
CITY.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-04
NO MONEY FOR A LIFE,
Mine Owners Not Responsible for Incom-
petent Bosses Unless They Know 1t.

Mine Owners Not Responsible for Incom-
petent Bosses Unless They Know 1t.
Chief Justice Paxson reverses the de-
cision of the Common Pleas Court of
Northum berland county in awarding dam
ages to Barbara E. Haley in her suit
against the Philadelphia and Reading Coal
and Iron Company, owners of the Green
back colliery in that county, in which the
plaintiffs husband lost his life. There was
a fire in the mines which was alleged to
have been due to the negligence of Andrew
q. White, the mine boss. On this point
Chief Justice Paxson saws:
1--WE have repeatedly held that the owner
of a mine is not responsible for the negli-
gency of the mine boss unless he is incom-
petent and the owner knows him to be so.
To allow recovery in this case would be to
fritter away this rule"
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-04
A JUDGE SUSTAINED.

Damages for Only Property Invaded by a
Railroad Can Be Obtained.
Justice Williams affirms the decision of the
courts of Schuylkill county, in the case Of
the Pennsylvania Company for the insur-
ance of lives agsinst the Pennsylvania
Schuylkill Valley Railroad Company. The
plaintiff holds the title of two pieces of real
estate in the borough of Pottsville, one of
which fronts on street on which the de-
fendant company has its tracks. The
other does not front on the
street but the two pieces are
connected BY tier ofbuilding lots. In this
the plaintiff seeks to recover damag es by
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-04
LOTS OF OPINIONS.
The Supreme Court Hands
Down Decisions in 80
Cases the First Day.
HENSEL MUST WHACK UP.
The Attorney General Refused to Pay
a Political Reward.
APLEA FOR MURDERER CL0ONEN.
The Court Thought 1t Wasn't Necessary to
Hear Mr.. Rurleigh.
HENSEL MUST WHACK UP.
A PLEA FOR MURDERER CLOONEN.
WESTINGHOUSE WINS IN A TAX SUIT

A great crowd gathered for the opening
of the Supreme Court yesterday morning.
All the chairs in the little room were taken
at an early hour, and citizens and lawyers
were jammed together promiscuously. A
great many people were there who are not
in the habit of paying any attention to
the work of the highest tribunal in
the State. Some were under
the impression that the treason charges
would be heard, and they were anxious not
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-04
RAILROADS.

DrTTsBURG AND LAKE ERIE RAILRoln
Company. Schedule in effect May p lS52
Central time.-DEPART-For Clevelanc -S.W am.,
l.5. 40, g. p. m. For Cincinnati. chicago and
st. Louis. 'i.o5. g; 10 2. N. For Bsnso, S,oo m,
% 45 p. m. For youngstown and New CasLe 500,
800 II. 20 q. M. e. IS 50. 90 a. 20 y 10 p: m For
Beaver Falls. 8.0o 7.G0, 500 II 30 a. M. l5o 30
80 s. 20. '9.15 D. m. For CHARTERS. % ~ %,
SEQ. So IS 100, Isl $50 800. $50. 30. I30
81. As =. M. I2. 10. Loo. 100 30, 4o6, t4 AZ
IS TO- go, 800, yo,45, 10 p. m.
ARRIvE-From Cleveland, $3.50 g M. Ie:29,
5:i6. '7;3o p. M. From Cincinnati, Chicago and ST.
Louis, $3.50 .. m, '12:30 T:3o p. m. From But.
falo. $50 =. m, 12, $3.50 p. m: From Salamanca,
$3.50. 1850 s. m, T:So p. IN. From Youngseown,
and New Castle. 1890, s7:25. 'to:eo q. M, 'l2:3e
5:l5. T:2o, $50 p. From Beaver Falls, 5: $50
7:2a. 'looo m. 1880. LEO, 5:15 T:3o s;@ p m,
P. @. &. Y. trains for Mansfield. 1881 a. M, 1870.
4:e5 p. m. For Esplen and Beechmont, 7:1 q. M.
p. O. Y. trains from Mansfield. 7:31. 11:5oa.
M, 2:S p. m. From Beeehmont. 7:s1. 80 a. N.
P, McK. q Y. r. R.-DEPAaT-For New Hayen,
SEQ =. m. 300 .. m For West Newton, BED u
XRsivf"Froom 81 n New Haven. $500 a. M. 4:u p.
m. From West Newton, G:So. $3.50 q. M, 'i:d
For McKeesport, Elizabeth. Mononsaheia City
From Belle Vernon, Monousahsla Cify, Eliza-
beth and Mcheesport. =: 40 a. m, E:yo o:n 2; N.
DAILY. fSundays only. $40 and from Now
City Ticket ONCE. 6ss smithaeid strest-
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-04
THE OPINIONS HANDED DOWN,

A Big Batch From All the justices
Colonel Taylor Foiled From Collecting
Tax on Philadelphia Charitable
School-Decisions in Detail.
The list handed down at the opening of
the Supreme Court yesterday morning was
as follows:
BY Sterrett. j.:
Keller. apt. vs. Harrisburg and Potomac R. Co.
G. r, Cumberland county: reversed.
McClafferty VS. Philip, apt; G, p. Veuaupo
county; reversed.
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-04
The Weekly Payment Law Stands.

PROVIDENCE, R. l., Oct 3,-The Su-
preme Court handed down an opinion this
morning, upholding the constitutionality of
the weekly payment law. The Court held
that corporations, being created by the Leg
islature, were subject to any limitation the
Legislature might impose, and did not come
within the privileges accorded citizens
under the provisions of the Constitution Of
the United States
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-04
EUROPEAN Steamship

TIREE~"A CRUISE IN A DICTIONARY"
L alittle book, illustrated and containing
interesting facts about ships. Call for one
or send 2-cent stamp. MAX SCHAM BERG
& CO., Foreign Bankers and Steamship
Agents, 527 Smithfield st., Pittsburg, Ia.
Established 1866 ock
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-04
WHITE STAR LINE.
For Queenstown and Liverpool
RoyaI and United states Mall Steamers,

Royal and United states Mail Steamers. 1
Germc Sept. .2S 1030 m Germanic Oct. &c, a. M
.Teutonic, Oct. S. p IN 'Teutonic. Nov. 2. p nd
Brittle, Oct II lO:3o m Britannia, Nov. g. 9:30a uI
Majestic, Oct. 19, IN Majestic, Nov. 16, p nj
From White Star dock. foot of West Tenth street,
New YORK.
$50 and upward. Excursion tickets on favorable
terms. Second cabin. $40 and s45. steerage from
or to the old country. $40.
White Star drafts payable demand in all this
principal banks throughout Great Britain Apply
to JOHN j. MCCORMICK. 63g Snithheld street.
Pittsburg. or H. MAITLAND KERSEY. General
Agent, % Broadway. New iork. my29-D
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-04
ALARMINGLY FREQUENT.
Are Women Slaves of Weakness?
For eight years I

For eight years 1
have been con-
stantly under the
care of doctors, but
found no relief,
nor. from what the
doctors told me,
did 1 expect to get
any better. 1 was
A II a
Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-04
las. M'NElL & BRO,

BOILERS. PLATE AND SHEETIRON
WORK.
PATENT SHEET-IRON ANNEALING
BOXES.
With an increased capacity and hydraulic
machinery, We are prepared to furnish all
work in our line cheaper and better than by
the old methods. Repairing and general
machine work. Twenty-ninth street and
Allegheny Valley Railroad fels6oTrs