davidaulloa/AmericanStories huggingface dataset:
Los Angeles herald., 1892-11-23
Arguments Begun.

In the case of Russell vs.. the Pacific
Railway company, now on trial before
Judge Van Dyke, Edwin Walker of
counsel was granted leave to withdraw
the intervenors, Northwestern National
bank of Chicago, Commercial Exchange
bank, Lobdeli, Farwell & Co National
bank of America, of Chicago, Union
Trust company of Chicago, Continental
National bank of Chicago, Chemical
Trust and Savings bank and the Hazard
Manufacturing company from the COM
plant in intervention, and it was dis
missed as to them. The plaintiff then
introduced documentary evidence and
rested, the defense beginning its intro
duction OF testimony, which was very
short. consisting principally OF docu-
mentary evidence. The arguments were
begun short time before adjournment
and will be resumed this morning.
Los Angeles herald., 1892-11-23
LOYAL LEGION.
The Onicers Elected at the Last Annual
Meeting.

The Onicers Elected At the Last Annual
Meeting.
At the annual meeting of the military
order Of the Loyal Legion association Of
Southern California, held at the Office of
Maj. L. 8. Butler. in Armory hall, on
Monday, officers were elected for the
eneuing year, as follows: President,
Capt. w. H. Seamans; first vice-presi-
dent, Capt. E. s. Dudley second vice.
president. Col. Geo. Fl. Kimball; third
vice.president, Col. E. w. Jones; secre-
tary, Chas. s. Gilbert; treasurer, Maj.
l.. S. Butler.
The secretary was instructed to tender
the thanks OF the association to the Los
Angeles HERALD for courtesies extended.
It was ordered that the next meeting
be held December II, 1892, for the pur-
pose of arranging for the annual ban
quet, to be held in this city in February,
1898.
Los Angeles herald., 1892-11-23
THE DEMURREK SUSTAINED.

Judge CLARK Rules Upon q Question of
Specific Performance.
Judge Clark yesterday rendered the
following decision in the case OF Gates
vs.. Hay.
Demurrer to s.complaint. The
action is one of eject ment and the crcss-
complaint prays for the specific perform
ance of contract for the sale of the land
in dispute. If the contract eet forth
could be specifically enforced. the plead
ing would be sufficient as an equitable
defense. But clearly it cannot.
1t sets forth a parol contract, and q
parol contract of eale if made can be
specifically enforced only where there
has been partial performance.
Possession delivered and assumed un-
der a verbal contract is beld sufficient
az part performance. Here, however,
the pleading shows that defendant was
in possession of the premises, as tenant
of plaintiff under lease, at the time the
contract was made. This is clearly in
sufficient. The possession mast be the
result of the contract. Hay on Specific
Performance, Sec. 1856; Christy vs. Barn
hart, 53 Am. Dec 54l.
The rule that removes verbal con-
tract of sale partly performed from the
operation of the statute of frauds rests
upon the doctrine of estoppel.
1t applies only where some act
by way of performance has been
done by the party seeking the enforce
ment of the contract, that, If the other
party be permitted to deny the exist
ence of the contract, would operate as q
fraud upon him. The cross-compisint
shows no act done by the defendant pur-
euant to the contract that in any way
affected or changed his status. There
is nothing in section 1871 G. 9. p, and
SETON 1884 g. c., cited by defendant,
that has any application. The demur-
rer ia sustained.
Los Angeles herald., 1892-11-23
An Icicle Suddenly Thrust Down Your
Rack

Would produce a sensation akin to that ex-
perienced by the unhappy individual who
feels the chill which ushers in an attack of
fever and ague and bilious remittent. Hos
tette g stomach Bitters. in such an emergency,
is VIII It is wanted at once to scotch the enemy
which seems to penetrate the very marrow of
the bones, alternately freezing, roasting and
grand ant -iebrle specific In the surest medici-
nal safeguard that an emigrant to the far west
can take with him. Malarial complaints are
rife in all regions newly cleaned of timber, In
mining camps and in low lying river bottoms
where the streams periodically overflow their
banks Immunity from malaria Is, however,
obtained from the protective agent named,
which is also remedy for indigestion, rDeu-
matte and kidney ailments, liver complaint,
constipation ed debility.
Los Angeles herald., 1892-11-23
A Mute Receivers speech

Alphonce Hemphling, OF Summit township,
lwelve-year-ol son. who had had st. Vitus
Dance for twelve years, lost his speech, was
completely cured after using three bottles Of
covered his speech. Thousands testify to won
derful cures from using 1t for nervous diseases.
dyspepsia, nervous debility, dullness. confusion
OF mind headache, etc. Four doses of this
Nervine cured Mrs w. Z Burns, South Bend,
Ind, who had been suffering with constant
headache for three months. Trial bottle and
elegant book free at G. H. Hance.
Los Angeles herald., 1892-11-23

action upon a note, Judge Van Dyke
returned judgment for the plaintiff for
$500 15.
Judge Mckinley yesterday granted
W. s. McDermott a divorce from X.
McDermott, on the gronnd of desertion,
and also directed an award OF property
to the plaintiff.
In Judge Clark's court the case OF
People ex rel. Attorney General Hart
vs.. Richard Garvey, WAS submitted
upon statement of the facts and &C.
cording to stipulation. 1t is an action
to redeem several sections Of land sold
to the state.
The case of Abram Smith ct al. We. j..
G. Evans e.. al. was on trial before Judge
Shaw. 1t is an action for $1,000 dam
ages for trespaes, and for injunction to
prohibit defendants from interfering
with certain lands.
The judgment heretofore rendered in
the case OF Crinkland va. Bernard ct al.
was set aside by Judge Shaw and the
cause dismissed at plaintiffs cost.
Che case of Frank Bates vs. The In
ternational Company of Mexico, was
again on trial before Judge Rose, and
considerable testimony was taken.
Los Angeles herald., 1892-11-23
New Suits Filed

Among the documents filed in the
county clerks Office yesterday were the
following:
Baker Iron Works We. H. R. Warner,
the Ramona Winery ct al. An action
to secure judgment upon judgment
against the winery company for $3.50. SO.
The plaintiff desires to collect it's judg-
ment as against the individual stock
holders of the insolvent corporation,
they still owing various amounts of
their stock.
John j. Brill We. A. 9. Schafer, T..
Porter and R. M. Town. An action
upon promissory note for $500.
August WeiffenbacE vs.. Julia Ford ct
al. Suit to foreclose mechanics lien
for $1O05 20.
Los Angeles herald., 1892-11-23
Court Notes.

Before Judge Van Dyke yesterday the
default in the case Of the Pacific bank
vs. Martin ct al, was ordered opened
with leave to answer, and the cause was
continued fol trial.
In the case Of Eliksn W. Vignes, an
Los Angeles herald., 1892-11-23
Miles's Nerve and Liver Pills.

Act on q new prtnciple-regaiasing the liver
stomach and bowels through the nerves.
new discovery. Dr.. Ntles's Pills speedily cur,
biliouspess /bad ta1te torpid liver, piles, 60
1tipati0n. Unequslled for men. women. Oh
dren, Smallest nildest. suyestl 80 dosoa, 4
oentu, Samples treo. q O. II. HAuoe.
Los Angeles herald., 1892-11-23

The defendant felt very much elated
over the verdict, as did also his counsel,
for whom it was decided victory, as
there are few who know anything about
guilty Of killing the woman. He has
probability that an appeal will be taken
from the verdict. The time for sentence
was not fixed yesterday, but it will no
doubt be come day this week.
Los Angeles herald., 1892-11-23
Our Home Brow.

Maier & Zobelein's Lager, fresh. from the
brewery, on draught in all the principal sa.
looms, delivered promptly. in bo ties or fegs.
Office and Brewery. 444 Also st. Telephone 81
Los Angeles herald., 1892-11-23

Our Prominent Physicians Recommend
Both unequaled Tor quality, strength And purity
Los Angeles herald., 1892-11-23
THE CROPS.

The Report on their Condition In South
/ ern California.
Observer Franklin of the weather bu.
reau furnishes the following report of
the condition of the crops in Southern
California for the past week:
SANTA BARBARA COUNTY.
Lompoc-Plowing has begun on some
ranches for the coming seasons plant.
ing. Highest temperature, so deg. /;
lowest, 57 deg.
LOS ANGELES COUNTY.
The Palms-Slight changes have oc-
Cured since last weeks report, except
some fog. Corn is about all husked; /;
the quality is good but the yield is about
one-fourth crop.
Vernondale-The orange crop is look
ing fine and is the largest crop for q
number of years. The days have been
warm and nights cool.
Verdugo-A light frost occurred on
the morning of the 2lst doing no dam
age. Irrigation Of citrus fruits continues
from lack of rain.
Pasadena-Warm days and cool nights
continue and are beneficial to citrus
fruits. The orange crop looks finely.
Highest temperature, 87.5 deg; lowest,
A deg.
Duarte-The past week has been warm
aud pleasant. Oranges are coloring rap
idly. Rain is desired 30 as to begin fall
planting.
Pomona-The orange crop is coming
on as we'll as can be desired. New
picked olives are in market. Light
irosts have occurred at night.
SAN BERNAKDINo COUNTY.
Redlands-Oranges are coloring, but
are not yet ripe enough for market. The
weather has been especially pleasant foi
the season.
ORANGE COUNTY.
Anaheim-Orsnges are coloring fast,
and promise an abundant crop. The
temperature remained about as last
week.
SAN DIEGO COUNTY.
San Diego-Hot, dry winds prevailed
during the week. No cultivating has
yet been done from lack of rain.
National City-Highest temperature
during the week, 81 deg; lowest, A.
Rain is desired to enable farmers to
pillow for grain.
VENTURA COUNTY.
Bardsdale - Considerable east wind
has prevailed, but the nights have been
cool, with touches OF frost in the low,
damp places. Corn shelling proves the
crop to be lighter than was expected.
Los Angeles herald., 1892-11-23
WONG ARK WILL NOT Be HUNG.
The Jury Finds Him Guilty of
ManSlaughter.
Captain Anderson Charged with
Threatening H. G.. A. Lowell.
A Justice Court Case Which May Result in
Sensational Developments-Court
Notes-New Cases Filed
Yesterday.

When the jury in the Wong Ark MUIR
der trial failed to agree upon a verdict
Monday night and came into court for
further instructions yesterday morning
at 10 o'clock, it was not regarded as
very probable that they would reach an
agreement at all.
One of their questions when they came
in was whether it must be proved be-
yond doubt that the pistol offered in
evidence was the one with which Guet
Cue was killed.
They remained out until 2:25 when
they flied into Judge McKinley's court
room with verdict. They found the
defendant guilty of msnslaughter and
recommended him to the mercy of the
court by the following document:
In finding this defendant guilty of
manslaughter, we, the jury, whose
names and signatures are hereto at
tached, would most respectfully recon-
mend the defendant to the mercy of the
court, believing such course on the part
of the court to be In the interest of JUS
tice to the defendant.
THOMAS A. CHASE,
FRED w. BoswoRTH,
ORvILLE B. ALLEN,
ELMO E. DANIELS,
j. H. Cooke,
%. j. BoYNToN,
THOMAS GLENNEY,
I. R. DUNKELBERGER.
J. A. PAXTON,
M. HORTON,
s. BLAND,
Al
Los Angeles herald., 1892-11-23
VENTURA COUNTY.

Bardsdale - Considerable east wind
has prevailed, but the nights have been
cool, with touches OF frost in the low,
damp places. Corn shelling proves the
crop to be lighter than was expected.
Los Angeles herald., 1892-11-23
ORANGE COUNTY.

Anaheim-Oranges are coloring fast,
and promise an abundant crop. The
temperature remained about as last
UpoE
Los Angeles herald., 1892-11-23
SAN DIEGO COUNTY.

San Diego-Hot, dry winds prevailed
during the week. No cultivating has
yet been done from lack of rain.
Los Angeles herald., 1892-11-23

Redlands-Oranges are coloring, but
are not yet ripe enough for market. The
weather has been especially pleasant for
the season.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-08-26

values can be accepted that compare favora-
bly, with offerings from competing sections.
The Minneapolis milling year, from Septem-
Der to September, shows the largest produc-
ton OF ane year i'll the trade. The added
daily output of the mills grinding Yesterday
Will probably aggregate $685. bblS. ship
ments, 80, COS bbls. Quoted SsG1l. 10 for first
patents: S3. 90G14 Or for second patents; s. o.
@3. Is for fancy and export bakers; 81. 81 a
80 for low grades, in bags including red
dog.
Bran and Shorts-Millstulf was very stead
lily held by the larger milling concerns. in
one respect the situation is hardly strong.
That refers to lower corn markets through
the principal corn centers. Still, such cheap p
ness is not important yet, and, considering
the moderate crop of corn to harvest, there
in prices of millfeed. shipments. 0 tons.
Quoted at So 0tD % for bran: SlC@l1 tor
shorts and S1l@ll.25 for middlings.
Corn-The general corn markets were
lower. An easy market was noted In the
United Kingdom. in New York and usually
III the West. The exceptions were small
places where there has been dearth of re-
ceipts during the late harvest, in the corn
regions. The crop is doing very well now
which causes all easy tone for future months.
The supply OF cash corn was small. with a
good demand for good corn. Receipts, 2,400
bu.
O9ts-Oats continued to stand up well in
the face of lower prices for corn and wheat
Inc disappointing returns from threShing in
the central grain belt of this countrs caused
the laie strength, which is confirmed by the
small comparative movement of this grain
III most parts of the country. The offerings
were larger, mostly new oats and the
demand slow at the prices sellers asked
Shippers were offering 3claGl3Jc for new No.
3white. 4 few sales were maze at better
prices to local dealers, but large lots could
not be moved above 3 Ia0e3ic for new No B
white, 3lGa32c for new No. . white ana 29L2@
30tac for new Nos. > and 3. Old oats. when
choice. sold well. Sales-1 car No. = white,
old, o. t., sic; 1 car new No. white. &c ;
l car old No. white, SIC; / car old No. 8
white. 3al2c. Receipts, 1850 bu; shipments,
1850 blu.
Rye-The market is weaker in sympathy
with Eastern markets. For new No. .. SIC
T. o. b. was bid. Receipts, 500 bu; ship
ments. l190 b,.
Bsrley-Receipts, none; shipments, none;
held at 3StG.45c for No. 8: No. at } jQ24Oc.
FlaX-Receipts. 0,095 bu: shipments. 5000
bu.
Feed-Millers held at l775@tS. 25; less
than car lot, Sls.2.@lS 70; with cornmeal at
Sl6. 15G1l %; granulated meal. S2i.50.
Hay-The demand is good and market
steady; choice upland is saleable at S iD9. 50,
and good at SIS .50C69. Sales, car choice at
$3.50. Receipts. 90 tons; shipments, none.
GRAIN INSPECTION.
Following l65 cars are previous day loca-
state grain inspection by the different rail
WayS:
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-08-26
MORTGAGE SALE DEF.u7r H.v.

MI ORTGAGE SALE - DEFAULT HAV-
lVl ing been made in the payment of the
sum OF thirteen hundred and twenry-six
dollars and six cents, principal and inter-
est, which is claimed to he due at the date
of this notice upon certain mortgage 70.
$1,000, duly executed and delivered by
Hermann Overlook anu Johanna Overlook,
his wife, 10 Joseph Schlltz Brewing Com
pany, of Milwaukee. Wis.,. bearing date the
18th day of December, A. ID. 1891. and duly
recorded in the Office of the Register Of
Deeds in and for the County of Ramsey and
State of Minnesota, on the 18th day of De-
cember, A. d. 1891, at 4:4J p. m. in Book 265
of Mortgages on page ISL, and no action or
proceeding at law or otherwise has been In
sttuted to recover the debt secured BY said
mortgage, or any part thereof
NOW, therefore, notice is hereby given
That by virtue of power of sale contained in
said mortgage. and pursuant to the statute in
such cases made and provided. the said mort
gage will be foreclosed. and the premises de-
scrlbed in and covered by said mortgage, viz:
The middle one third (1sj of lots twenty
nine (29). thirty (3D and thirty-one (3l)
block one ~. Eiy's addition to st. Paul. &C
cording to the recorded plat on file at the Of
flee of the Register of Deeds of said County,
in Ramsey County, and State of Minnesota,
with the Entertainments and appurtenances
will be sold Il. public auction, to the highest
bidder for cash, to pay said debt and interest
and the taxes Gf any Oh said premises, and
fifty dollars attorney S fees, as stipulated in
and by said mortgage in case of foreclosure
and the disbursements allowed by law; which
sale will be made by the sheriff of said Ram
sey County, at the front door of the Fourth
street entrance of the Court House. in the
City of st. Paul, in said County and State. on
the 18th day of September A. d. 1872. at 10
o'clock a. m. of that day, subject to redenp-
ton at any time within one year from the
day of sale. as provided by law.
Dated July 2s 1892.
JOS. SCHLITZ BREWING co.
NJ. +. PEoPPiNG. Mortgagee
Attorney.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-08-26
QUITTING CARNEGIE.
Over Two Hundred Skilled Work
men Walk Out on SYM
pathy Strike.
Employees OF the Baron Fired for
Conversing With Reporters
and Workmen.

PITTsBURG, Pa, Aug. 25.-Over 2OC
men from the Twenty-ninth street Car
negie mills, Lawrenceville. quit work
today in sympathy with the locked-out
men. Ever since the strike began the
forge and bumper departments at the
lower mills have been in operation.
Part of the time double turn was run in
these departments. The skilled men
who went out this morning do not
belong to any union, but are fully
in sympathy with the strikers. They
nave not been required to work any of
the steel or iron made by the non-union
men, and had no reasonable opportunity
to show their attitude in the late trouble
until yesterday.
After the men came out the boss
posted notices throughout the mill to
the effect that they were obliged to shut
down on account of no work for the
men. At the ThIrty-third street mill
this morning all departments were run
ming full. Several watchmen and emf
ployes of the Carnegie company, prin-
cipally clerks, who have been observed
at times talking to reporters and strik-
erS, have been discharged.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-08-26
RATE MANIPULATION.
Atchison Alleged to BE Giving
Alton Trouble.

AtchisOn Alleged to BE Giving
alton Trouble.
CHICAGO. Aug. 25.-Chairman Midg-
ley, of the Western Freight association,
has called meeting of the traffic mana
gers Of the Missouri river roads for
"Wednesday, Sept. z, to consider charges
of irregularities in freight rates. For
some time it has been more than sus-
pee. ed that certain roads were not liv-
ing up to their agreements. Evidence
has not been wanting that rates were
being manipulated on grain and
other freight, not only on the
Missouri river, but from points beyond.
and the roads that have seen their own
business fall away while that of their
competitors increased have at last de-
mdnded an investigation. The princi-
pal sufferer from the alleged irregulari-
ties Is supposed to be the Chicago q
Alton. aud it is generally admitted that
when that road fails to get a fair share
of the traffic from Kansas City and kin
dred points an inquiry into the cause is
juStifiable.
Complaint is especially made against
the Atchison. Topeka Il Santa Fee. The
stories that were current several months
! ago concerning the roads con-
tracts with Leavy & Co. have been
revived, together with hints of
other transactions of an equally shady
character with shippers of live stock.
Whether any direct evidence has been
produced in support of these charges
cannot be learned, but much stress is
placed upon the statement that the
Atchison is doing no less than % per
cent of the business at Southwestern
Missouri river points, and that it could
not secure and retain so large proper
ton by legitimate competition. The
Kansas City. Fort Scott & Memphis aud
one or two other lines are also included
in the charges of rate cutting. nd it is
claimed that the sharp practices are ap-
piled on both east and west-bound traffic.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-08-26
THE RATE WILL STAND
Milwaukee Will Not Reduce
the Omaha-Chicago Tar
iff to SO.
Passenger Agent Heafford Is
Satisfied to Prevent De-
mopaliZation.
Irregularities in Western
Freight Rates to Be In
vestigated.

CHICAGO, Aug. 25.-The Chicago
Milwaukee & st. Paul will not reduce
the passenger rate from Omaha to Chi
cago to SO. 1t is fully as anxious as any
of its competitors to avoid an unneces-
sary decentralization, and General Pas
senger Agent Heatford expresses him
self as satisfied for the present with the
efforts beng made by the other roads to
keep their tickets out of the hands of
scalpers. He thinks if the Denver lines
stick to their agreement to issue train
checks for continuous passage to re-
turning excursionlsts, there can be no
very great accumulation in the Omaha
market OF return portions of Knights
Templar tickets. Anyway he has the
privilege, under the Western Passenger
association agreement, to buy up all
these tickets he can find and compel the
companies that issued them to redeem
every ticket at the full tariff rate.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-08-26
Pears
Soap

Beauty is but skim
deep" was probably
meant to disparage beau
ty. Instead it tells how
easy that beauty is to
attain.
There is no beauty
like the beauty Of health y"
was also meant to dispar-
age. Instead it encour-
ages beauty.
Pears Soap is the
means of health to the
skin, and SO to both these
sorts of beauty.
All sorts of stores sell
it, especially druggists;
all sorts of people use it.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-08-26
LIVE STOCk.
Union StOclxyapdS.

Receipts-Hogs, POI: cattle, 81; calves
4: sheep, 123.
Hogs-loc lower, following Eastern decline
light run and only one packer in the mar
ket. Two outside butchers took load apiece,
one OF them paying j.35 for sorted load of
mixed hogs All sold at s.. 1t@15. 55.
Cattle-Fair to good butcher stuff steady
and active. Light run and good fair de-
mand. Quality was medium TO fair and sold
we'll in the absence of anything letter. Veal
Ing at 81. 2504.50. Quotations-Prime steers,
SD. 4UC63.75; good steers $..50@3.25; prime
cows, S2.4C@!70; good cows 5 @2.40; com
mon to fair cows, Si@l.75: light veal calves,
$s84 so; heavy calves, S4@3: slockers, 81 50
o.; feeders Sl.759!25; bulls, Si@1l.75.
Sheep--oteady. Fair demand and yards
cleared early. Bucks and stocKerS sold at 81;
muttons at S3 90 Quotations uttons
S35 @4.25; lambs, S3.5v@4.25; stockers aud
feeders, S!l13.25.