davidaulloa/AmericanStories huggingface dataset:
The record-union., 1892-05-26
BOTH PLAINTIFF AND DEFENDANT.
Queer Action Brought by a Woman
Against Herself.
Appealed by IN Intervenor the Supreme
Court Says the Case Must Be
Dismissed.

The Supreme Court yesterday filed its
decision in Deputy Clerk Govans Office
in the case of Mary f. Byrne ct al. vs.
Mary f. Byrne, administrative of Michael
Byrne, deceased. B. McGrath, intervenor
and appellant. 1t was Nevada county
case.
a striking popularity of the action is
that the same person, Mary f. Byrne. is
both plaintiff and defendant. In her
simple, non-official character she sues
herself as administrative of the estate of
her deceased father. AS plaintiff she ac-
lively prosecuted the action, giving ma
terial and important testimony for plant
ifs. AS defendant she failed to answer
or demur, and her default was duly en-
tered. Judgment was rendered in her
favor as plaintiff, and against her as de-
fendant.
The effect of the judgment was to give
her and her co-plaintiffs $l,700, which, in
her character of administrators, she had
received as the property of the estate of
her father, and represented to be such in
all her proceedings as administrators
from January, 1888, until May. 1890.
Whether the money recovered by the
JuoSui was Vic piOpSIty VI tHS SStdtG
of Michael Byrne, or the property of the
plaintiffs was the main issue tried and
this issue was raised by the pleading of
the intervenor, McGrath, creditor of the
estate, whose claim had been allowed,
and who alone appealed from the judg
ment and order denying his motion for a
new trial.
The plaintiffs, five in number, were the
children of Michael Byrne and his wife,
Mary E. Byrne, both deceased. The
complaint alleges that on January II,
1878, Mary E. Byrne, plaintiffs mother,
executed her last will, whereby she de-
vised and bequeathed to her husband,
Michael Byrne, all her separate real and
personal property, in trust for the use,
benefit, support, maintenance and educa-
ton of her children (the plaintiffs, or
the survivor or survivors of them, and
appointed Michael Byrne executor
thereof; and that thereafter, on January
20, 1875 she died. Michael Byrne ac-
cepted the trust and took possession of
the estate until he died, on December 7,
1887. On January 10, 1883, Mary +. Byrne
was appointed administrative of the
estate
The record-union., 1892-05-26
Funeral OF Charles Winter.

The interest manifested yesterday at
the funeral services of the late Professor
charles Winter attested the deep esteem
IN which he was held by large portion
OF the community. The services were
held at Pioneer Hall and under the au-
spices OF the Pioneer Society, of which
deceased was member, Rev. j. 3. Sill
cox officiating.
A select choir from the Turner Har-
nome, composed of A. Lothhammer, A.
Heilbron, Benjamin Wilson. L. Lothham-
mer, l.. b. MOhr, Charles Flohr and Otto
Noaek, sang several selections both at
the hall and the grave. The pall-bearers
We're John Andrews, Frank Russell, E.
u. Blessing. j. L. Cooper, A. Heilbron
and l.. LOthhammer
The record-union., 1892-05-26

and the testimony was considerably
mixed.
The drift of the matter seemed to be
that Mrs. Carroll and her husband keep
the vicinity of Sixth and NJ streets in a
continual uproar. Last Monday, ac-
cording to the evidence, Carroll came
home either drunk or wild. He attacked
Mrs. Carroll twho, it seems, proved
equal to the emergency, and then he
wanted the Smith woman, who has been
nursing Mrs. Carroll for broken shout
der, to leave the house.
Mary Smith claims Carroll owes her
for work, and that she had no means or
place to go.
The result was the trio, with several
nelghbors, repaired to the street and had
wild and woolly pow-wow, which at
tracted spectators from all points of the
compass. The aptitude with which Mrs.
Carroll worked her tongue in court led
her hearers to believe that she could dis
turb Il Democratic convention.
carroll, alleged to be the wheel horse
OF the fractious team, was not arrested,
and the Judge concluded to dismiss the
case.
Il will let you go now, Mrs. Carroll"
sald the Judge, land next time bring
Mr.: Carroll with you"
Thank, yer honor, WILL" said she.
1he half-dozen female denizens of the
quarter and other witnesses were dis
missed and went away rejoicing and con-
graduating themselves.
The record-union., 1892-05-26

The action arose from the sale of drug
store, which is represented as part of the
estate. and the intervenor contended the
evidence was insufficient to prove that
the drug store was part of the estate.
The Supreme Court has decided THAT,
as the evidence was not sufficient to dis
tinguish any part OF the trust fund from
other property of the estate of Michael
Byrne, at or after the time Of the COM
mencement of the action, it is not neces-
sary to decide this action, since the COM
plant is insufficient to entitle plaintiffs
to any relief whatever.
No one can be both plaintiff and de-
fendant in the same action. A party cam
not have right of action against himself
as debtor or tort feasor.
1t is first principle, that in whatever
different capacities person may act. he
can never contract with himself. nor
maintain an action against himselfn
For these and other reasons the Su-
preme Court reversed the Judgment of
the lower court, and instructed it to dis
miss the action.
The record-union., 1892-05-26
VOLTS WOE.

Obdurate Judge Cravens Demands a
Good-SiZed Bond.
Abe Wolf, arrested for assaulting Josie
Lewis with knife, was arraigned, but
the injured Josie failed to appear. A
writ of attachment was ordered for her
immediate arrest.
The Judge is evidently determined to
require prosecuting witnesses to SUBJ
stantiate their complaints, as in large
number of these petty disturbances the
complaint is made in moment of ex-
cltement or anger, and then the witness
tries to hush matters UP.
Wolf wanted his bail reduced, but was
not accommodated. He is held for $500
bonds or $3.50 cash deposit.
The record-union., 1892-05-26
ELEVENTH DISTRICT FAIR
1t VIII be Held in the Town of Sierr
willie This Year,

1t VIII be Held IN the Town of Sierra
Vile This Year.
The Board of Directors of the Eleventh
District Agricultural Association met in
Quincy, Plumas County, recently, to re-
ceive bids for locating the fair. There
were present Directors Bransford, Nc
Beth, Carter, Stephan, Dolly and Nichols.
1t was concluded that the fair should go
to Sierra County, but whether LoyaIton
or Sierraville should get the plum was
the question. Up to the time of making
the bid much rivalry between the two
communities prevailed, but, at the last
moment, it seems that Loyalton with
drew from the contest, leaving the field
clear to Sierraville, whose bid was So, 800,
together with race-course and fair grounds
fully equipped, ballroom, etc., reServing
the amount for which the privileges"
sell for. Accordingly the fair was
awarded to Sierraville.
The, board reorganized by electing J. S.
BranSford President; A. S. Nichols, Vice
President; l.. Dolly, Treasurer, and Fred
Blinman, Secretary. Mr.. Bransford, the
newly elected President, has been di-
rector for many years, is well acquainted
with the duties of the office to which he
has been elected, and he will make an
efficient head of the association. The or
cided to have the fair begin on October
Sd. The speed programme decided upon
is as follows:
!. Trotting, three-minute class, 3 in 5,
Purse, $500. District.
2. Running stake, two-year-olds, Half
mile dash; S25 entrance, 500 added $40
payable at time of entrance, SI5 day pre-
ceding race, SO forfeit District.
rta Il
peat. Purse, Sl50.
4. Running, one-quarter mile dash.
Purse, 500.
SECOND DAY.
5. Trotting, 2:35 class, 3 in 5. Purse.
$500.
6. Trotting, four-year- and under.
Purse, $500. District.
Z. Running, three-quarter mile dash.
Purse, $3.50. District.
s. Running, one mile dash. Purse, $500.
District.
THIRD DAY.
8. Trotting, 2:30 class, 5 in5. Purse, s4OO.
10. Trottlng, 2:50 class, 3 in 5. Purse,
$500. District.
IL. Running, fve-eighths mile dash.
Purse, $50.
II. Running, mile and repeat. Purse,
$500.
13. Running, three-quarter mile dash.
Purse, Sl75. District.
FOURTH DAY.
IA. Trotting, free for all, 3 in 5. Purse.
5000.
10. Trotting, three-year-olds, 8 in 5.
Purse, $3.50. District
l6. Running, seven-eighths mile dash.
Purse, 500.
IL. Running, one-half mile dash.
Purse, Sl50. District.
FIFTH DAY.
Is. Trotting and pacing, 2:25 class, 8 in
5. Purse, $500.
l9. Trotting, two-year-olds, in g..
Purse, $500. District.
20. Running, one-half mile and repeat.
Purse, 500.
y. Running stake, three-year-old or
under, three-quarter mile dash; S25 en-
trance, SlO0 added; $40 payable at time of
entrance, sl5 day preceding race; $40 for
felt. District
The record-union., 1892-05-26
Real Estate Transfers.

The following real estate transfers have
been recorded since our last report:
b. U. Steinman and wife to Edwin K.
Alsip and K. L. Observation-Disclosures 2l-25
and to Devlin undivided 4-25 of all lots
and half-acre tracts east of Sacramento
avenue in Oak Park not heretofore sold.
Andrew Whitaker and Dan Ray to
William Betman-East half of west
two-thirds of lots l and 2, in block IS. in
Gait; SS75
John l.. Siller and Lenhart G. Siller to
the Board of Trustees of the City of Sac
ramento-West 10 feet Of lot and east 10
feet of lot Z, q and r, Fifteenth and Six
teenth streets, for public way.
James +. Banta to Laura Banta-North
40 feet of lot /, and L, Thirteenth and
Fourteenth streets.
w. l.. Pritchard to William Walze-
West quarter of lot "a of Oak Grove tract.
l.. IL. Cutbirth and wife to John T..
Ratferty-Ten acres in the northeast COR
ner of the northeast quarter of section a,
township north, range east; 81 900.
The record-union., 1892-05-26
HELD TO ANSWER.

The Despoiler of NIiller's Show-win-
dow to be Tried.
Frank Roberts was arraigned in the
Police Court yesterday and charged with
burglary, in having broken into w. B.
Miller's store on Tuesday morning.
Mr.. Miller appeared and identified
various articles of silverware recovered
from Roberts and stated its value to be
about S25.
officer Talbot testified to having ar
rested Roberts after a lively chase, to
hnding one of the articles in his pocket
and that he confessed the crime.
Roberts declined to make any state
ment, was committed to the Sheriff and
his bail fixed in the sum OF 81, 900.
The record-union., 1892-05-26
Lady Meath and the Children.

The children Of the kindergartens as
sembled yesterday forenoon at the Sac
ramento Free kindergarten to meet Lady
Meath, the philanthropic English lady
who Is now making visit to this coun-
try. The little ones showed off, before
the good lady, and received from her
praises for their proficiency.
Lady Meath related some anecdotes
which greatly pleased her juvenile au-
dltors. Addressing the adults present.
she expressed the hope that branch of
the Children's League would be formed
here.
Lady Meath and her husband, the Earl,
returned to San Francisco yesterday
afternoon
The record-union., 1892-05-26
The Case of Edward schulz.

The statement made yesterday that
Schulz, the young man now at the
County Hospital who shot himself on
Tuesday with suicidal intent, had tele-
graphed to a brother recently for money
and been refused, was mistake. The
remark-and others used in that connec-
tion-appled to another young drummer
who became stranded here a week ago
from causes similar to those which
brought young Schulz to grief, but who,
it is learned, finally got money, paid his
bills and went on his way.
The record-union., 1892-05-26
knights of Pythias Notes.

The Chancellor Commander of Conf
dence Lodge, No. 78, X. of p, having re-
signed, NJ. l.. Jenkins has been elected
Chancellor Commander to fill the va
cancy, and A. II. Anderson was chosen
Vice-Chancellor
Colonel j. w. Guthrie has been ap-
pointed District Deputy Grand Chancellor
OF the Knights OF Pythias for Sacran ento
and Folsom
The record-union., 1892-05-26
The EiteI Minors.

Abbie ]. Eitel, mother of John and Sol
omon Eitel, minors, has by her attorneys,
Johnson. johnson Il Johnson, filed pc
tition in the Superior Court for letters OF
guardianship over said minors, whose
estate consists of an undivided one-third
interest in the estate of their father, John
Eitel, deceased, valued at 81 800, made up
of real estate i'll this city. The petition is
set for hearing on Friday, June 10th.
The record-union., 1892-05-26
a SAV Nc
TO THE LADIES.

What have you been paying for
the best Silk-covered Wire Hat,
Bonnet and TOque Frames Let
the writer guess: 50 to 75c. But
not in our Millinery Department,
as our price is and will be this
year 25c each. Can give you or
make them in any shape required.
PatrOnize the firm that makes
these low prices even if others
have to come to it.
The record-union., 1892-05-26
A Local Mining CouDony

The Pajaro Mining Company yesterday
filed articles of incorporation with
County Clerk Rhoads. The members Of
the company are j. l.. Aldrich, Stanton
Myers, j. j. Moran, f. B. Brown, John
+. Cooper, c. V. Heath, Henry Sheriff.
K. D. Waggoner, f. h. Waggoner, T. j.
Stephenson, George Wait, Charles Wait
Kinney Robbins; VIM. Page, George
Runyon, James w. Tryon and V. q.
Raymore, all of Sacramento County.
The record-union., 1892-05-26
AN ALLEGED BEQU EST
Jane Hathaway Claims a Small Slice
of an Estate.

OF an Estate.
Jane Hathaway has, through her at
torney, c. ii. Oatman, commenced an
action in the Superior Court against
Margaret III. Fuller. executrix of the last
will and testament of William P. Fuller.
deceased. and the Sacramento Bank.
Plaintiff alleges in her complaint that
on or about October 10, 1859, her brother.
John Rlyett, beQueathed to William P.
Fuller 500, in trust, to be invested for
said plaintiff, the interest to be paid to
her monthly or quarterly: that Fuller
died in 1890, in San Francisco. and de-
fendant was appointed his executrix:
that the SUN of $500 was deposited in the
The record-union., 1892-05-26
An Eastern Fruit Dealer.

E. Ruhlman, of the firm of P. Ruhl-
man IL Co., New York, President of the
New York Fruit Exchange. is here on a
visit. G. w. Reed, one of their largest
shippers, at whose home he makes his
headquarters, is taking great pains to
show him what California can do in the
way of growing fruit.
The record-union., 1892-05-26
CARROLL & co.

A Neighborhood Row Thoroughly
Ventilated I'm Court.
When the case of Mrs. Carroll and
Mary Smith, for disturbing the peace,
came up in Judge Cravens' court yester-
day it proved to be family disturbance,
The record-union., 1892-05-26
Water for Irrigating.

City Water Clerk Coffey notifies all
persons who wish to use water for irri-
eating lawns that they must obtain per-
mits from his office. The hours for irri-
grating are from to 8 "A. NJ, and to p.
NJ. and any one found violating this rule
will be prosecuted
The record-union., 1892-05-26
Monthly Weather Bulletin.

The Monthly Bulletin of the Califor-
MIA Weather Service" for April, has
been issued. 1t is published by the State
Board OF Agriculture and compiled by
Director Barwick of the State Weather
Bureau. The bulletin" contains the
usual compilation of useful meteorologi-
cal data
The record-union., 1892-05-26
Occidental Encampment Election.

At the semi-annual election of Occi-
dental Encampment, No. ~, 1. o. o. F.,
the following officers were elected: C. p,
j. q. Purington; II. p, H. F. G. Wulff;
S. W., W. e. Bowman; Scribe, II. r.
Stone; Treasurer, Nelson Wilcox; J. W.,
w. u. Bailey; Trustee. Z. HogahoOm
The record-union., 1892-05-26
Supreme Court Commissioner.

The Supreme Court yesterday ap-
pointed Hon. John Haynes of Los An
geles Commissioner of the Supreme
Court, vice w. +. Fitzgerald resigned,
the appointment to take effect Wednes-
day, June l, 1892,
The record-union., 1892-05-26
Rpnnl Anki11p 31n1nnrr.

sacramento Bank. and now amounts
with interest to S555 ~.
Plaintiff also asks that J. O. Funston
be appointed to the vacancy in the office
OF trustee of the fund and the money
placed in his hands,
The record-union., 1892-05-26
NOTICE OF SALE OF REAL ESTATE.

DURSUANT TO AN ORDER OF THE
| superior Court OF Sacramento County.
estate OF Mary Cody, deceased, the Unfrr'
signed, the Administrator OF the estate OF
said deceased, VIII sell on SATURDAY, the
2Sth day OF May, 1882, at 10 o'clock A. NJ, at
public auction to the highest and best bidder,
the following described real estate, to-yyit:
West half of lot NUM- Der one u, in the block
or square between M and N, Eighth and
Sacl amento, State of California, and improve
ments thereon. The said sale Will take place
enth and l streets, in Sacramento City Terms
OF sale: Cash gold coin, ten per cent. to be paid
at time OF sale, balance upon confirmation of
sale by Superior Court Deed at exDerise Of
purchaser. JAMES ri N0GHS
Administrator of the estate Of Mary Cody,
deceased. 80
tor. nve-3yv
The record-union., 1892-05-26
Suit. AOainst an EStatn

II. Tusler has brought suit against AL
fred Olson, as administrator of the estate
of Amy Kelly, deceased, to foreclose a
mortgage on eighty-four acres OF land, on
which he claims there is due him the sum
of 81, $50. r. L. Devlin is plaintiffs at
tOrnaV
The record-union., 1892-05-26
ONE ENJOYS

Both the method and results when
Syrup of Figs is taken; it is pleasant
and refreshing to the taste, and acts
gently yet promptly on the Kidneys,
Liver and Bowels, cleanses the sys-
tenn efectually, dispels colds, head
aches and fevers and cures habitual
constipation. Syrup of Figs is the
only remedy of its kind ever pro-
duced, pleasing to the taste and ac-
ceptable to the stomach, prompt in
its action and truly beneficial in its
effects, prepared only from the most
healthy and agreeable substances, its
many excellent qualities commend it
to all and have made it the most
popular remedy known.
Syrup of Figs is for sale in SOC
and 81 bottles by all leading drug
gists. Amy reliable druggist WHO
may not have it en- hand will pro-
cure it promptly for any one who
wishes to try it. Do not accept any
substitute.
CALIFORNIA FIc SYRUP co.
SAN FRANCISCO, CAL.
eeVsShLiss ~ .seksxrs.. aEH YORK ikts
The record-union., 1892-05-26
/" History Repeats Itse1f.m

And so does Hoods Sarsapariila in the
remarkable cures it is continually accom-
pIlshlng. If You will give this medicine
"a fair trial it will do you good.
Hoods Pills act easily, yet efficiently.
The record-union., 1892-05-26

ALL lovers of the delicacies of the table
use Angostura Bitters to secure good di-
gestion, but the genuine only, manufact-
ured by DIR. Siegert q Sons. At ali drug
glStS.
The record-union., 1892-05-26
A New Citizen.

In Judge Catlin's court yesterday Silas
II. Bates, native of Canada, was ad-
mitted to citizenship on the testimony of
NJ. z. Fisher and Alex Smith
The record-union., 1892-05-26

WRITE to Cooper for everything in the
musical line. 63l street.
The record-union., 1892-05-26

TO-DAY 7
We Place on Sale the
Following Lines:
LOT MEMS 81 50 Brown
Linen Coats, small sizes-34
and S., at 25c each.
LOT Boys (ages 10 to IO)
Heavy Brown Linen S. busters
at soc each.
LOT 3-Mens Dark Small
Check All-wool Lightweight
Summer Coats, sizes 80, "a and
IS, worth s., now csc.
LOT 4-Boys' Knee-pants Suits
(ages 4 to I3 years., in light
check design, light weight. These
suits will laundry nicely and
are good WearerS.
LOT 5-Mens Feather-weight
White soc Mackinaw Braid
Hats, square crown, medium
rim, wide black band, for 25c
each.
LOT 6-Men's Dark Mohair
Pin-check 81 Coats and Vests
for s. 50.
LOT Boys Knee Pants
Fancy Jersey 81 Suits, ages 3 to
g years. Some of these come
with caps for 81 50.
LOT S-Men's Extra-fne Black
Satin 81 so OyershirtS, superior
quality and make, warranted
fast black, for 81 so.
LOT 9-Men's 81 50 Extra
quality of Fast Black Sateen
OyerShirts, extra we'll made,
good, strong material, for 81.
LOT 1O-Men'S Handsome
Fancy 81 so Bedford Cord Over
shirts, in neat, small designs,
light cOlOrs, for ST.
The record-union., 1892-05-26
CAMPBELL HOT SPRINGS.

CIERRAVILLE. SIERRA COUNTY car,
- a faVorfte Summer resort. First-cIass
poarG @ ana rooms, with baths free for guests.
i.,r loT SiQ per week. two seated conveyance,
guests at Iruckee. Total expense of stopping
as aI TINS avorite resort, only SO per week
5en excellent hunting and fishing Stages run
uAily. lIny2l-tfl II. PEARCE, Proprietor.
The record-union., 1892-05-26
Siqttnr#, apt4te. E5rer, G5tc.
EBNER BROS.

EBNER BROS,
1I6-11S K Street, Front and Second,
Sacramento,
IMPORTERS AND WHOLESALE DEAL
Il ers in Wines and Liquors. Agents for the
celebrated Ponmery and Grcno Champagne.
The record-union., 1892-05-26

IMPORTER AND WHOLESALE DEALER
L in Fine Whiskies, Brandies and Cham.
paGne.
The record-union., 1892-05-26
M. CRONAN

e30 x St., and 11OS-11IO Third St.,
Sacramento, CAL,
The record-union., 1892-05-26

LOT 9-Men's 81 50 Extra
quality of Fast Black Sateen
Oyershirts, extra we'll made,
good, strong material, for 81.
The midland journal. (Rising Sun, Md.) 1885-1947, 1892-02-26
The household.
Halrpins.

Proud man will never know what be
loses by not being familiar with that
useful article, a hairpiD; though it was
he who originated that obscure bit Of
slang, "Pm not that kind ola hairpin !"
The masculine world at large is pain.
fully ignorant Of the many uses to
which an accommodating hairpin may
be put in cases Of emergency. They
have the mistaken idea that the frivolous
sex use the pins exclusively to button
their boots and their gloves. This is
an idea born Of gross ignorance.
They have never perhaps had the
felicity Of eating that luscious bivalve
yclept the oyster with hairpin.
In the scribbler's boarding school
days that edible of iuiquity, the harm
less, silent oyster was forbidden us from
some sinister motive unknown to our
youthful minds. As strenously as it
was denied us as strenuously were we
determined to have that excluded
luxury.
Being human and naturally prone to
evil the Aforesaid scribbler was the ring.
leader in the grand oyster mutiny that
broke out in that once peaceful seminary.
We recall secret visit to an obscure
tinsmith's shop, our subsequent possess
sion of tin pail. and when that un-
suspicious looking pail entered the
seminary under long feminine cloak it
was always filed with fresh oysters.
Our chums and our chum's chums were
silently hidden to the feast by know
ing wink. At every surreptitious
oyster banquet paper Of new hairpins
with which to harpoon the trutte di
mare was opened and passed around in
lieu of knives and forks.
That was long. long ago, but the
favor Of those forbidden oysters is
cherished memory yet. Ambrosia to-
day would not be so keenly relished.
And when one inadvertently rends
her garments on an inconvenient occa-
sion what more useful to hold the
raggad edges together till proper re-
pairs can be made than an obliging
hairpin? Great respect should be
shown that universal, feminine utensil.
And poor unfortunate man, We pity
ingly ask what has he for substitute
for that indispensable article.
The midland journal. (Rising Sun, Md.) 1885-1947, 1892-02-26
Useful REGIMES.

SUET PUDDINa One cup chopped
suet, one cup raisins, one half cup
molasses, one and one.half cups -four,
one half cup sour milk, teaspoon soda;
steam about three hours. Eat with any
liquid sauce preferred.
CRANBERRY PUDDINa.-One pint
Gran berries, one pint -four, teaspoon
baking powder, two eggs; mix with
sweet milk into nice batter; steam one
and one.half hours.
SAUcE.-One egg, one cup sugar,
butter size of an egg; stir to cream
then scald one.third of tumbler of
milk and pour into the sauce, stirring
quickly until it ioams.
PRUNE PUDDING -One.half pound
OF prunes stewed and strained. Beat
whites of three eggs to froth, mix
with the prunes. sweeten to tsste and
bake fifteen minutes, slow Castard,
Yolks of eggs, one quart OF milk. table
spoon of cornstarch, sugar. salt and
vanilla to taste, and small bit of
butter abopt as large as a nutmeg.
Butter makes 1t smoother.
SWEET PorAToEs Sweet potatoes
are richer when warmed over than when
first cooked. They are very nice baked
and when cold cut in half inch slices.
each one spread with butter, placed in
the oven in crockery dish and very
little sugar sprinkled on; bake without
cover until thoroughly hot and well
Drowned.