davidaulloa/AmericanStories huggingface dataset:
The record-union., 1892-07-16
ENTITLED TO A FEE.
Judge CatIi1 Decides a New Point in
insolvency Law,
Attorney Isaac Joseph's Bul Comes Out
OF the Assets OF tho IGlkus
Estate-Thc Ru}ing.

Superior Judge Catlin rendered a de-
cision yesterday which is particularly in
teresting to lawyers and persons contem-
plating insolvency.
When Gus Elilus went into insolvency,
it appears, his attorney was Isaac Joseph,
and the latter, after rendering the service
necessary, flied his bill against the assets
in the shape of preferred claim. His
fee was 500. The attorneys for the cred
itors. Johnson, Johnson 81 Johnson, OBJ
jected to this procedure, claiming that
Lawyer JOseph's fee should be paid by
Elkus, and not ont of the estate.
The point was argued at length before
the court and was taken under advise
ment.
Judge CatIin rendered his decision yes
terday. 1t was in favor of Attorney
Joseph. "These services" said the
court, were apparently beneficial to the
estate and to the general creditors |
cannot flnd that the question has ever
been directly determined in this State 1t
does not follow as q matter of right that
in all cases the attorney for the inSOlVent
is entitled to be paid for his services as a
preferred claim, for his services may not
in all cases be beneficial to the estate.
But where such services are in the or
dinary course, and are beneficial to the
whole estate, it seems to me that a reason
able COMPENSATION should be made out of
the estate"
Attorney Joseph stated yesterday to a
RECORD-UNION reporter that this was the
first time such point ever came up for
decision in court and was therefore quite
an important one. 1t would make con-
siderable difference in the methods OF
attorneys III insolvency cases in the fu-
ture.
The record-union., 1892-07-16
HELD TO ANSWER.

Hickey and Brown Bound Over to the
Superior Court for Robbery.
Thomas Hickey and John Brown had
their preliminary examination before
Judge Cravens yesterday for robbing
Henry Olsen in the rear of a K-strcet
saloon last Sunday night.
a number of witnesses su bstantiated
Olsen's story, that he stepped out back of
the saloon and was followed by Hickey
and Brown, who cholled him and
knocked him half-serseless and then
robbed him.
Hickey made pretty tough statement,
IN which he alleged his innocence, and
assumed as virtuous an air as he could
muster, bat without effect.
Both men were held to answer TO the
Superior Court, with their bail fixed at
81, 800 each.
Hickey is said to be an ex-convict, and
when questioned as to his history he OBJ
Jected 10 the questions and refused TO ac-
knowledge by words what his silence
confirmed quite as effectively.
1t was shown Dy the testimony that
John Norton, proprietor Of the saloon in
Which the act was committed, did all in
his power to apprehend the garroters at
the time, and subsequently accompanied
Officer Talbot To the river front in Il
search among the freight cars When
Norton was called to the Jail to identify
Brown the latter was saved from a sound
humping al Norton's hands only by the
presence of officers.
The record-union., 1892-07-16
IMPORTANT TO LITIaANTS.
An Oral Agreement Between CounseI
is Binding.
The Supreme Court Reyerses a SoIano
County Judgment That Was
Given by Default.

The Supreme Court fled it's decision in
Deputy Clerk Govan's Office yesterday in
the case of Johnson (respondent) vs.
Sweeney.
The defendant moved in the Superior
Court of Solano County for an order set
ting aside a judgment taken against him
by default entered in open court on an
ex parte application of plaintiff on April
2Sth, and in support of his motion filed
an affidavit by his attorney, showing,
among other things, the following facts ::
The summons was served upon defend
ant in the county where the action was
commenced on April II, 1891. The de-
fendant had, therefore, TO and including
the 9th day of April, 1891, to appear and
answer the demur. His counsel was
engaged in the trial of the case in the
Superior Court on the last day for answer
ing, and in the evening after an adjourn
ment, While riding to Nacaville with the
plaintiffs attorney, he asked the latter il
ne would accept service Of a general de-
murrer, waive copy and give him more
time in which to prepare and serve a
special demurrer, saving that he world
like until Saturday. May I'd.
Thereupon the attorney for plaintiff
said he could have until Saturday. or
longer, if he desired it, in which to file
special demurrer, and that he would ac-
cept service of a general demurrer that
evening.
When the demurrer was presented to
the attorney for the plaintiff in the even
ing he indorsed upon it his accordance Of
service, qualified, however, by the words
''reserving all rights in the premises re-
garding default in the within entitled
action.'
The attorney for defendant did not no.
tice the fact that plaintiffs attorney had
qualified his acceptance of service Of the
demurrer until a late hour that night,
ON the following morning the demurrer,
with proof of service, was filed in the
Clerks office before default was entered.
The affidavit states that the affiant re-
lied on the conversation with the attor-
ney for the plaintiff as an agreement to
| give the defendant until Saturday to pre-
pare special demurrer. No counter
atfidayits were filed.
The Supreme Court says, after citing
some general rules and instances in other
cases: "We think that upon this showing
the motion ought to have been granted -
| The judgment of the lower court was
therefore reversed and the cause re-
manded, with instructions to set aside
the default and permit the defendant to
answer. The decision was rendered by
Judge Paterson and concurred in by
Harrison and Garoutte.
The record-union., 1892-07-16
PROFIT SHARING.
How MIR. Crittenton Conducts His
Immense Business.
The millionaire Evangelist and Drug
SfanufactUrer Divides With
His Old Employees.

Charles \. CrittentOn is known al
over the Union as the founder of the
Florence Missions in Blocker street,
New Yorkt in New Brunswick, y. j.;
San Francisco, Sacramento and San Jose
in this State, in memory of his daughter
Florence, who died some years ago. Now
comes the news that his large wholesale
jobbing business III drugs and proprie-
tary medicines has been incorporated un-
der the laws Of New York State, with a
capital of $500, 600, and that large blocks of
the stocks have been transferred, without
consideration, to five heads of depart
ments, who have been his faithful en-
ployes for years. The stock of the new
company is now held by Mr.. Crittenton,
Thomas L. Delano, Franklin B. Water
man, Edward G. Wells. Alfred II. Ken
nedy and William a. Demorest.
a conservative manager Of proprietary
medicines says that the amount of the
capitalization did not begin to represent
the value Of the property.
Thomas E. Delano, the First Vice
President Of the new corporation, con-
firming the report, said, when seen re-
Gently at the office of the concern, l15 and
III Fulton street:
LAS q matter of fact, Mr.. Crittenton has
not been intimately associated in the bus
mess management of the house for six
years. Three years ago he started to
travel around the world. and when lie
arrived ut San Francisco he became con-
WINGED that the missionary work he had
begun in the East could be carried on
with advantage in California, and he has
since devoted his whole time and his pri-
vate income to the raising up OF fallen
women. The Bleeker-street mission cost
him over $40, ,0G0 and the annual expenses,
all OF which he detrays, are over $4,000.
-Four other mission houses he owns abso-
lutely, but they are partially self-sup-
porting"
Edward G. Wells, the third Vice-Pres-
idenU, said: mo, / would not care TO
say just now how much stock Mr.. Crit
tenton gave each one of US, but the
amount depends naturally upon the
length of time we have each been in the
business, and our closeness. Other men
will, ] think, be taken into the company
at different times. Mr.. Kennedy, the
buyer for the house, has been in the
service twenty-siX years; Mr.. Demorest,
the head of the retail department, twenty
years; Mr.. Delano, the general manager,
twenty-eight years; Mr.. Waterman, six
teen years, and I have been here thirteen
years.
MIR. Crittenton was born in Oswego
County, and is now about 80 years old.
lie passed his bOyhood on a farm and
came to New York soon after reaching
his majority. He worked at one trade
or another Tor several years, and in 1852
began, in a small way, at No. 80 Sixth
avenue as jobber ia proprietary medi-
cines. AS he told me, he started business
on the rather limited sum Of S25."
The record-union., 1892-07-16
A TRADE EXAMPLE.
Sacramento's Commercial Advantages
as Strong as Ever,
The Proof in the Experience of a
Single House-Schaw, Ingram,
hatcher & Co.

Whoever believes that Sacramento's
clined is mistaken. They have aug
mented and are rs vigorous as ever when
backed by industry and business skill.
II ere IS one instance, out OF many, III
proof, and for the accuracy Of which the
RECoRD-UNIoN youches:
Two years ago Schaw, Ingram, Batcher
& Co., iobbers in hardware, farm imple-
ments, tools, cutlery. iron, steel, etc., be-
gan business in Sacramento, starting
from bedrock and in the face Of the re-
moval of an old hardware house. Be
ginning under this apparent cloud to the
city's commerce, they have made demon
stratlon that Sacramento to-day is as
strong in natural and transportation ad
vantages as a distributor as ever. Here
is the proof:
They have expanded from no trade to
lines in heavy volume. reaching through
out Northern and Central California, the
San Joaquin Valley, the Southern Cali
fornia mines and into the trans-Sierra
reglor-aIl two years growth under sac
ramentO's market facilities, backed by
energy and business wisdom, though III
competition with san francisco and the
nlarts OF the Mississippi Valley.
Another proof-they began at Nos. 2I7
and 10 J street, on one floor, 40Xl60 feet.
To-day they have completed and occupy
three floors, two 40XI6U and one I0XlI0
all fitted newly for their use, and with
latest impro oyements, including two pow
erful elevators Of q new order. The lower
and larger floor is given over to cordage,
IRON pipe, handles, and similar goods, in
heavy stock. Above is the main floor
with its new plate-glass show-Window
front. 1t is occupied by 200 feet Of shelly
ing with Shelf hard ware, and to the rear
by corrugated iron, bar and bundle iron,
steel, aXles, handles, etc. In the center
IS tie large siGe and top-lighted Office
with vault, private room, etc.
The third floor is loaded with agricult-
ural implements, tools, household appli-
ances, butchers and blacksmiths' fittings.
betting, light cordage, Wire net and
screen, and above all, by the firms speci-
atty, the Oliver chilled plow, with great
rear racks for the storage Of extras.
The house has at GrOyiile a sheet-irOn
and steel pipe factory, manufacturing
pipe for irrigation and mining purposes.
filling some Of the heaviest contracts with
foremost companies and colonies, and
successfully competing with the bids of
San Francisco.
Such are the proofs afforded by single
house that Sacramento trade is stable and
expanding, and that any possible idea to
the contrary Is error. The example of
Schaw, Ingram, Batcher q Co. disprOVes
it; the expansion of their business, along
with that of other firms, demonstrates
that Sacramento is abreast with progress
and possesses facilities as distributing
center that are OF the first order.
The record-union., 1892-07-16
DIED.

BRANNIGAN-In San Francisco, July 18th.
Mamie, beloved daughter CT Susan and the
late Patrick Brannigan (sIster of William
Johnnie and Oracle brannigan and Mrs r.
Lynch, native OF sacramento aged 22
years and g days.
8S~Friends and acquaintance are respect
fully invited TO attend the funeral this
afternoon at $50 O'Clock from the residence
OF her mother, No. 1920 Thirteenth street;
thence to the Cathedral, where funeral serv-
ices Will be held.
VOLPI-In this city, July 14th, John Do
menico Eolpi, native of Italy, aged 34
years.
Ea-Friends and acquaintance are respect
fully invited to attend the funeral, tnis
afternoon at $3.50 O'clock nom Clarks un-
taking parlors, Nos 1O17 and 1919 Fourth
street; thence to the Cathedral, where fu-
neral services will be held.
BOOTH-In this city, July 14th, Newton
Booth, a native OF Salem, Indiana, aged 60
years. 6 months and IA days.
EDrFriends and acquaintance are re-
spectfully invited to attend the funeral Sun
day at p. NJ, from Congregational Church,
Sixth street, between L and j. Interment
private.
The record-union., 1892-07-16
THE LATE NEWTON BOOTH.
Executors of Ills Estate Hold a Con
ference-The Funeral.

Executors of His Estate Hold a Con-
ference-The Funeral.
Timothy L. Barker of San Francisco,
who was partner of the late Newton
Booth in early days, and who is named
in the deceased's viii as one of the execu-
tors of his estate, came up from San
Francisco yesterday on being informed
Of the death of his old friend aud business
conference was held between Mr..
Rarker. w. W. Marvin and VIM. II.
Pavne Cbrother and representative of
Mrs. Booth and Lawyer Hatfield rela-
tix-e To the will of the deceased. Its con-
fonts were discussed, but it was decided
not to have the facts made public before
Monday next. 1t is understood, how
ever. in a general way, that the interest
The record-union., 1892-07-16
Articles of incorporation.

The following articles of incorporation
were filed in the Secretary of States Office
yesterday:
Methodist Episcopal Church of Biggs,
Butte County. Directors-C. II. Stone,
Daniel Streeter, Benton Elmore, j. A.
Foster and l.. L. Evans.
San Francisco Beer Drivers Benevo-
lent Association, san Francisco. Di-
rectors-John y. Walters, John Glende-
mann, Henry Boock, a. Coggler and
John Lairenz.
First Methodist Episcopal Church of
Rialto, San Bernarnino County. Directors
j. w. Iibbot, \. n. Wright, 3. Il. Sib-
ley, NJ. V. Sweesy and O. T. Pratt
Lancaster Land and Water Company,
Los Angeles. Capital stock, Sl0O,G00 Di-
rectors-James p. Ward, George O'keH,
john Z. Andrews, George J. Cochran and
4. c. Andrews.
American Wine Company of san Fran
cisco. Capital stock, $4,000. Directors
l.. Z. Jacobs, Augusta Levi, Marcus Levi
and Victor Jacobs.
Pacific Soap Company, San Francisco.
Capital stock, $4,000. Directors Hugh
Tevis, c. ". Coburn Charles l.. SchiI-
ling, L. Wadham and L. Q. Kellogg.
The record-union., 1892-07-16
RESTRICTION AND REGULATION
francis Murphy's Views on Real Tenn
ncrance WORK.

francis Murphy's Views on Real Tenn
pcrance Work.
Francis Murphy of Pittsburg, Pa, the
well-known temperance lecturer, is in
the city, accompanied by his charming
wife. They are the guests of Mrs. Muir
phys brother, j. w. Johnston, and will
remain here until some time next week.
Mr.. Murphy's visit to the coast was in
tended to be mainly for pleasure, but in
Oakland and San Francisco he saw an
opportunity to do some good and he ac-
complished il. He entertainS broad and
liberal views on temperance work, and
therefore is able to reach and save people
whom the prOhibitionists can never
reach. He has long since seen the folly
of prohibition that does not prohibit, and
his work is all in the line of restriction
and regulation.
He says that in Kansas and Iowa pro-
hibition is an utter failure, and there is
more drunkenness there now than be-
lore the prohibition laws were passed.
AIr. Murphy expects to return to Cali
fornia in September and viii then lecture
in the principal cities of the State. He is
a practical worker, and viii do good
wherever be goes.
The record-union., 1892-07-16
Emmanuel BAPTIST Church.

Notwithstanding the damage done to
the Emmanuel Baptist Church by the fire
the other evening, it has been decided by
the congregation to continue to hold sery-
ices there regularly, as heretofore.
Rev. II. b. HUtchins, the pastor, de-
sires on behalf OF the members of his
flock, to thank all who assisted in rescu-
ing the church edihce from the flames,
for which they feel very grateful.
The record-union., 1892-07-16
IronmoIders, Union.

The Ironmolders' Union has elected
officers as follows: President, II. d.
Goodman; Vice-President, VIM. Fritz;
Recording Secretary, Ed f. Ashworth;
Financial Secretary, L. G.. Dickman:
Treasurer, William Tibbits; Trustee, j.
HantZman; Executive Committee-G.
Kortstein, J. 8. Douglas, William Sheri-
dan, a. Fl. Benning, Ed L. Ashworth;
Doofkeeper, William Lawrence; In
ductor, Ed Nye; Shop Committees. p.
Il. r foundry, NJ. }. Kelly.
The record-union., 1892-07-16

IN the company of which Mr.. Booth WAS
member viii fall to his widow. and tha
personal property be divided among his
nleces and nephews. Some local be
quests have been made of charitable
nature.
the directors of the Sutter Club, of
which deceased had been President since
rs formation, have appointed commit
tee to prepare resolutions expressive Of
the sorrow of the clubs members at his
death.
The funeral will take place from the
Congregational Church at p. NJ. on Sun
day.
The record-union., 1892-07-16

At their salesrooms, Tenth and J streets.
prior 10 which they viii sell a number OF
wagons, buggiCs, horses, carts, harness.
etc. The furniture Will consist in part OF
one Sterling Company's grand upright
piano. one square piano, three parlor sets.
five antique oak and walnut bedroom sets,
spring and top mattresses, feather nil
lows, book cases, bed lounges, extension
tables, linoieum, = yards of Roxbury
carpets, genuine lace curtains, art rugs.
plush rockers and chairs, ranges, crock
cry, glassware, etc.
The record-union., 1892-07-16
Accident to a Young Lady.

Miss a. Norris met with quite pain
full accident on Thursday by the breaking
of lamp over which she was heating
curling-iron. Her arms and hands were
severely burned. The fire communicated
with number Of things on the bureau,
bat was extinguished before any serious
damage was done.
The record-union., 1892-07-16
OFFENDERS ARRAIGNED.
Schultz Wants a Speedy Trlal-Two
Demented Prisoners.

Demeuted Prisoners.
E. Schultz, the young jewelry drum
mer who pawned & large quantity Of
valuables in this city belonging to his
employer, George Greensweig of san
francisco. was arraigned before Superior
Judge Catlin yesterday. DE pleaded
not guilty and asked for a speedy trial.
The date Of his trial was not set, how
ever.
All jim, the demented Chinaman who
beat Marshall White into insenSibility
with an ax-handle near tlorin recently,
also pleaded not guilty, through an inter-
prefer. Attorney Ed J. Dwyer was ap-
pointed to defend the Chinaman.
John OBTien,, another Weak-minded
creature, who shot man in the arm near
Elk Grove, pleaded not guilty, too, and
G. n. Post was appointed to defend him.
The record-union., 1892-07-16
..sprtnlsle, sprinkle. Little Cart. ;,

Residents in the southeastern part of the
city would like the Street Commissioner
to visit that vicinity and see the poor
manner in which the sprinkling is done:
Come and sprinkle, little cart;
How we wonder where thou art!
Come and lay the dust, we pray!
Sprinkle, sprinkle, all the day.
When the saucy gusts arise,
DaShing dust in ears and eyes
Then, oh, come and 90 your parti
Sprinkle, sprinkle, little cart.
The record-union., 1892-07-16
Acei,i Snccessfn1.

T. a. Moynihan, the leading confec-
toner of our city, has been again
awarded the privilege of selling and
manufacturing his delicious candies at
The State Fair. This VIII be good news
70 all lovers of sweets. Exhibitions OF
contemplating viii be given every even
ing during the fair.
The record-union., 1892-07-16
)R. MOTIFS PENuYROYAL Pills.
NOTICE TO CONTRACTORS.

Dds WILL BE RECEIVED BY THE
- Secretary of the Building Committee. ].
II. rope, IN the Assessors Office at Colusa. Cal
lfornla, up TO July 80, 1892, and viii be
opened at o'clock p. NJ. OF that day, for the
construction OF a two-story brick and stone
/. y. Q. L. Hall Building, 60X90, in the town
of Colusa, California.
Plans and specifications may be seen at the
ONCE of the Architect, L. NJ. TuTton. I'D
Main street, Napa, California, or at the Office
OF j. Fl. Pope, Colusa, California
Bids will be considered for using either tho
Colusa County sandstone or the Arizona or
any other good stone. "
The committee reserve the ripFt To ,aiac,
any or all bios. BUILDING COSTNTTT1,ttSSfSS ~
BY ]. II. PoPF. Secretary. III ~
The record-union., 1892-07-16
Accideut to a ltiremau.

After returning from the fire yesterday
morning fireman named Richard
Heinrich, While chasing dog from the
engine-house jumped upon board with
nail in it and the spike ran through his
foot.
Special Officer Greer conveyed the in
jured man TO his home, where the Injury
IS likely to contine hIm Tor some time.
The record-union., 1892-07-16
a yYayward Daughter.

a girl named May Brown was arrested
yesterday on complaint of her mother,
who charges her with battery. Mrs.
Brown said she chided the girl for keep
ing late hours, and that the latter then
struck her in the face.
The record-union., 1892-07-16
Electricity Instead of Gas.

Investigations were made yesterday by
the Electric Light Company with a view
to submitting plans for introducing IN
candescent lights in the Capitol building,
to take the place OF Gas.
The record-union., 1892-07-16
BORN,

SCHROTH-In this city, July 7th, to the wife
of George Schroth, Jr, q daughter.
DUNN-In this city, July 9TH, to the wife of
Chauncey II. Dunn, a son.
The record-union., 1892-07-16
The Ladies, Reroft

All should remember that the popular
Millinery Emporium has been removed
TO 5l9 j street. For bargains cali on Mrs,
+. j. Sullivan.
The record-union., 1892-07-16
MARRIED.

WINDdILLER-P -PFIFER-In this CITY. July
18th, by Rev. Charles +. Oehler. Louis IL.
Windmiller to Lena Phfer, both Of Sacra.
mento.
The record-union., 1892-07-16

WRITE to Cooper for everything in the
musical line. 63l street.
The record-union., 1892-07-16

Household Goods at Auction.
Bell, Greer 81 Co. will hold mammoth
sale of household goods at 10 A. II. to-day
The record-union., 1892-07-16
F.B. sm1rr1. Secretary. " ie2s-3G

TN THE SUPERIOR COURT, STATE OF
1 California, County Of Sacramento.-In the
matter of the estate OF J. W. NJ. SMITH, de-
ceased. Notice is hereby given that FRIDAY,
the 22d day OF July, 1852, at O'Clock A. d.
OF said day, and the courtroom OF said court,
at the Courthouse, in the city Of Sacramento,
County of Sacramento and State OF California,
has been az pointed as the time and place for
proving the Will Of said j. w NJ. Smith de-
ceased, and for hearing the application of Isss-
bella Smith for the issuance to her of letters
testamentary thereon.
Witness my hand and the seal of said court,
this 5th day of July, 1852.
". w. RHCADS, Clerk.
BY J. F. DooDY, Deputy Clerk.
ISAAC JOSEPH, Attorney Tor Petitioneriy6-Iot
The record-union., 1892-07-16
STOCKHOLDERS MEETING.

TyyHE REGULAR ANNUAL MEETING OF
| the stockholders Of PIONEER MILLING
COMPANY I win be held at the Office OF the
company, corner Broad and Union Streets
Sacramento, on MONDAY. July 18th at 2 p.
NJ, for the purpose OF electug a Board Of
Directors for the ensuing year and fer the
transaction of any and all business which
may come before the meeting.
81. g. SMITH, President.
The record-union., 1892-07-16
SALE. |
+ 8 q = =: x q s: = =; =; =: 8

This is the most impor-
tant Clothing Sale, as far
as items 60, which we
have been able to an
nOunce in some months.
The goods are thoroughly
desirable and the prices
unusual. If not in need
zAzill cAnn Il l,,a- nnI LIZ
Waterbury evening Democrat. [volume] (Waterbury, Conn.) 1887-1895, 1892-08-01
Watch Making at Thomaston.

THoMAsToN, Aug 1.-The Seth Thomas
Clock company started up to-day after
management. The concern is now under
control of Seth E. Thomas of New York,
a grandson of the original Seth Thomas,
Aaron Thomas, for years past at the head
of the company, having been retired.
The new management will pay particu-
lar attention to the making of watch
movements. During the past few years
the company has experimental with
watch movements at a cost of $500, ZOO
and the new management thinks it is
now in shape to carry on this branch of
the business. The old management, it is
understood, was hostile to the watch
making innovation.