davidaulloa/AmericanStories huggingface dataset:
The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1893-09-15
MISCELLANEOUS
Tho entertainment Postponed.

Owing TO the recent rains the enter
tainment that was to have been given
in the grove in West Roanoke last night
by the Railroad Department Of the Y. NJ
G. a. has been postponed until some
evening next week yet to be selected.
The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1893-09-15
Ell NOTES FROM THE WEST END.

=. d. Moore has returned from visit
to his old home at Allentown, Pa.
Joseph Carter and John Driscoll, of
Mrs. GeoreeVaughan. on Buford street,
} is critically ILL
The employees of the furnace and
rolling mill will be paid off to-day.
John Persinger, residing near the
furnace, killed large gray fox yester.
The West End Rolling Mill will COM
mence work again next week. Ten of
the furnaces at the mill will be oper-
ated, giving employment to about
eighty five men.
Superintendent Sherman, of the Nor
witch Lock Works, is making an ex-
tended business trip through the North.
The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1893-09-15
WANTED-HHLP,
wANTRD-M1sonL1,ANRous.

THE HIGHEST PRICE PAID FOR
4 cast off clothing. Address p. o.
Box STA. an an,
The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1893-09-15
HOI.IINS TNSrrTn7
BOTET0URT SPRINGS. Wa


massie will ladies' and ch,dro,
porough Natural
Languages Music and l1atn
does
Inns
The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1893-09-15

TOR RENT.-THE LARGE BOARD
IL ing house known as "Hotel Nor.
wich," situated in the West End, can be
rented on reasonable terms and offers
one of the best openings in the CITY,
Apply to JAS. s. SIMMONS.
4 80 IT,
The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1893-09-15
FOR RENT.

TOR RENT - ON CAMPBELL,
a street, a dwelling house with large
garden, next to Mr.. Gambill's. MRS.
M. II. TAYLOR. s3O1m
The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1893-09-15
BOARDING,

~ DOM AND TABLE BOARDERS
AZ wanted at 500, corner Park and
Campbell streets s261m
The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1893-09-15

FURNISHED ROOMS FOR RENT,
Il communicating and otherwise, at
% 9TH ave. g. W., near Jefferson st. IL tt
The herald., 1893-01-24

To make the hair grow natural color, r.
rent baldrrss. end kee, the ssalp healthy
6ail's air Repewer was invented, and has
proved itself successful.
The herald., 1893-01-24
IT WAS MLsIoINDER.
Judge Ross sustains the Demurrers in an
Intricate Case.

Judge Ross Sustains the Demurrers in an
Intricate Case.
Yesterday Judge Ross in the United
States circuit court in the case OF Blsn-
ton Duncan, trustee, vs.. Catherine NJ.
Hardin ct AL, sustained the demurrers
presented to the complaint. Judge Ross
decided that the homestead vested abso-
lutely in the widow ON the death of her
husband. and that the note and mort
gage given by her was due and unpaid
and should have been paid. That it was
not necessary for the plaintiff to file
claim in the probate court against the
estate of the husband, and the facts as
alleged, ii proved, would be sufficient to
foreclose the mortgage. Mckinley was
fully cognizant of all the matters, and
knowing that the mortgsgs was out
standing, was not an innocent pur-
chaser but stood in precisely the con-
dition as the mortgagor from whom he
bought. But the petition was defective
il alleging that the mortgage was trans
ferred to the State Loan bank, though
the answer OF the bank showed the
plaintiff retained control thereoi-snd
it was miejoinder of causes OF action to
include Nj I. Allen as defendant in this
bill for damages, the cause being more
properly to foreclose a mortgage and
recover from the other defendants. The
demurrer was therefore sustained with
10 days to plaintiff to amend petition.
The herald., 1893-01-24
THE BANBURY LIBEL SUIT.
1t Came Up Yesterday for Argument OF
la1

1t Came Up Yesterday for Argument on
Demurrer.
The 500 900 libel suit of ex County
Treasurer Banbury against the proprie
tors of this journal was argued on de-
murrer before Judge Mckinley yester
day morning. by Messrs. Hotchkies &
Hunter, on behalf OF defendants.
The principal points set out in the de-
murrer is that the complaint does not
state facts sufficient to constr ute a
cause of action; that the allegations
contained therein do not conform either
literally or substantially with the stat
utory definition OF libel, and lastly, that
the Objectionable article which appeared
in the HERALD concerning the thrifty"
treasurer was privileged communica-
ton, without malice, concerning the
public official acts of the plaintiff in
dealing with the board of supervisors,
and charging the county OF Los Angeles
with bank exchange and expressage
which never cost him anything
'This is campaign document" ex-
claimed Attorney Hunter, ss he held the
complaint alofr for the inspection of the
court, ''and plaintiff. in his haste to
railroad the case into the courts five
days before the election, neglected to
file complaint containing the necessary
allegations upon which to base an action
for libel. When this plaintiff came
before the public for reelection, his past
official conduct, his qualifications for
office and even his character were all
put in issue. Only his official acts were
commented upon in the HERALD, and it
is entitled to the thanks OF every tax
payer of this county for the bold stand
it took to prevent the county treasury
The herald., 1893-01-24
HAPPENINGS N THE COURTS,
Judge Clark Decides the Case
Of Cummings vs.. Kendall.
An Intricate Case Settled Yesterday
by Federal Judge Ross.
United States District Attorney Ale
Put in the Case by Misjofnder.
Court Notes-New suits
Filed Yesterday.

Judge Clark yesterday handed down
the following short opinion in the case
Of M. s. Cummings vs.. s. II. Kendall
ct al:
The Issues presented are purely issues
of fact. By the terms Of the written
contract upon which the action is based,
when offered in evidence, August l.,
1889, was the date fixed when the
plaintiffs right to excavate and remove
dirt and gravel should cease. 1t was
manifest, however, from an inspection
of this instrument, that the word Au-
gust was written in after some other
date had been erased; and this, with
the testimony of the defendants that the
date originally inserted was May 1st of
that year, and that the verbal extension
of time was to August 1st was sufficient
the burden of proof resting upon the
plaintiff-to prevent the weight of evil
dence pieponderating on the side of
plaintiffs contention that the time fixed
by the contract was August lst,
and the verbal extension was,
too, after the rainy season. But admit
ting that the evidence supports plain
tiff's contention upon this issue and that
there was valid verbal change in the
contract by which plaintiffs time for
excsvating and removing the dirt and
gravel was extended to after the rainy
season, still am of opinion the con-
| tract being joint contract on the part
of the defenoants, that plaintiff failed to
| establish by preponderance of the evl-
dence a breach of the contract BY them.
There is no evidence that the defendant,
Richards, in any way interfered with
plaintiffs work, and the defend.
ant, Kendall, testified that he
was always ready and willing
that plaintiff should complete
his contract according to it's terms. The
evidence relied upor by plaintiff to
supper. this issue was complaint
sworn to by the defendant Kendall in
the police court of the city charging TIE
plaintiff with excavating and removing
part of a public street without per-
NIT from the superintendent of streets
upon which plaintiff was arrested and
convicted. his, however, was only
after plaintiff in violation of hie con.
tract and after repeated protests, per
sisted in excavating below the grade o.
the street. And charging person with
having committed a msdemeanor O.
which he was in fact guilty cannot bt
held to constitute breach OF any CON
tract. Findings and judgment ART
ordered for defendants.
The herald., 1893-01-24
THE RAILROADS.
Agent Craw1ey's Iuvitation to Inspect
Santa Monica Wharf.

y
Santa Monica Wharf.
Mr.. John NJ Crawley, assistant gen.
eral passenger and freight agent OF the
Southern Pacific company, has extend
ed an invitation to the members OF the
Los Angeles board OF trade to visit
Santa Monica on Saturday next, the
2Sth inst, for the purpose of viewing
the progress made upon the Southern
Pacific company's new wharf.
The train will leave the Arcade depot
at l 10 p. m arriving at the company's
wharf at 2l0 p. m. After waiting 35
minutes to permit the members to ex-
anime the work under course of con-
struction, the train will return to Santa
Monica, stopping there 80 minutes. Re-
turning, the train will leave Santa Mon
lea for Los Angeles at 8 80 D. m
Passenger Agent A. E Cronenwett of
The Southern California Railway COM
pany at Nonrovis, leaves tomorrow
24th, for the east. in the interest of the
Santa Fe route and will conduct another
large excursion to the Pacific coast,
arriving here about February 18th.
The herald., 1893-01-24
THEY CAN WED.

People Who Yesterday Secured Their
Marriage Licenses.
Marriage licenses were issued yester.
day to the following persons:
A.. Kratzer, aged 26, native of
Ohio, and 1. NJ. Chedister, aged 20, a
native of Oregon, both residents of Los
Angeles.
j. Ii. Siegfried, aged "a, resident of
Lemoore, Tulare county, and Clara
Windisch, aged so, resident of Los An
geles, both natives of Ohio.
Harry J.. Tremain, aged "a, resident
of umboldt. Iowa. and Carrie f. Lor-
beer, aged "a, resident of Pomona,
both natives OF Iowa.
The herald., 1893-01-24
Court Notes.

In the case OF Dsering & Co. VS.. Rich
ard Kimball company, upon the order
to show cause why the fund in the
hands of the county clerk should not be
applied on the judgment, Judge Wade
yesterday ordered the fund so applied
as to all parties served with notice of
the motion, except as to George III. Kim
ball, who has appeared 10 response to
notice, and as to him the matter was or
dered submitted upon briefs to be filed.
Judge Smith allowed Calvin Edgerton
to Withdraw as counsel for K. Frank
Warner, charged with placing rock on
the track of the Santa Fe railroad, and
Hugh J. Crawford was substituted in
his place,
Judge Smith yesterday denied the
motion for acquittal in the case OF
Charles Peterson, and ordered a new.
trial, the case going upon the trial cal
endar.
A demurrer to the Indictment in the
case Of George II Miles, charged with
the murder OF George Miller, was over
ruled by Judge Smith yesterday, the de-
fendant pleaded not guilty, and January
25th was fixed as the date for setting the
time for trial.
Judge Smith yesterday set February
10th for the trial of Thomas Lynch,
charged with petit larceny.
a demurrer to the Ciaud l.. Hill in-
formations, charging him with embezzle-
ment, was sustained yesterday by Judge
Smith, motion to discharge the de-
fandant from custody was denied and
the district attorney was ordered to pre-
pare and file new informatlons. which
was done. The defendant was arraigned,
and January 26th was set as the time
for him to plead. The same procedure
was taken in the case of Frederick
Mayne, charged with embezglement,
January 25th being set for his arraign-
/ ment.
Judge Smith yesterday fixed January
28th as the time for hearing several Chi
nese fan tan appeal cases.
Foss d. Masters was arraigned in the
United States district court yesterday
on charge OF sending an obscene letter
through the mails He pleaded guilty,
was fined $3.50, and was remanded to the
county jail until the fine is paid.
In the case OF John Meek VS.. J. r.
Berry, collector OF customs at San Diego,
Judge Ross yesterday in the United
! STATES circuit court overruled the de-
murrer to the complaint.
La the case Of Mary j. Laird VS.. the
Atchison, Topeka and Santa Ee Railroad
company, suit for damages, Judge
Ross yesterday, in the United States
circuit court, ordered the verdict set
aside and granted motion for new
trial, and set the case for April 18th
Upon motion OF Anson Brunson and
presentation of certificate from the dis
trict court of Kansas, Elmer d Har-
mon was admitted to practice by Judge
Van Dyke yesterday in department No.
of the superior court.
In the case OF Shaffer vs Councilman
Campbell, T.. II Ward ct al. an action
brought to cancel his registration or the
ground that he WAS not a citizen Of the
United States, Judge Van DYKE yester-
day made an order to the feet that the
demurrer to the plainiif's complsini
having been sustained January 4 1893
and the plaintiff not having amended
the complaint judgment is ordered fol
the defendant, the action is dismissed
and the defendant has his coste.
George O. l.. Strachey, naive ol
England, was admitted TO citizenship
yesterday by Judge Shaw.
The herald., 1893-01-24
ADgS9E EAJg J E:lsN PURE

county clerks Office yesterday were the
following:
L. Bales vs. William 7. Lambie ct 81.
suit for foreclosure OF q mortgage for
$5055 0S. K.
The German Savings and Loan society
VS.. S. s. Watson ct al. suit upon
promisaorY note for $225O.
The herald., 1893-01-24
DIED

~~-~--~--~-~---,---~--s->~
s9S, md a K psa1lisI. v ssse 81 W. * Parrish,
gnGuaugnser OF W. O McBratney
Funeral notice later.
spF FFENs-4t o'clock p. nj, January %.
1s93 Mrs SOPHIE STEFFENs, wife orc Fl.
stef ms, agedJs years and months, native
Of u mover Germany
Funeral at FAN ily Ie>idene Goodnsr Avenue,
University Wednesday, January 18th, at 2
o'c ock m. Friends OF The famiiy invited 10
attend Interment vt Rosedale 9 rnefrry "a
The herald., 1893-01-24

Before break last Bromr-S zer
acts as u bfac-r-l0 Gus. q bottle.
The herald., 1893-01-24
CAUGHT IN THE ACT.

r. v. Hama Shot while Burg1arizing
AzusR Store. ~
r. V. Hama was shot at Azusa on
last Sunday morning by Deputy Sheriff
@. w. Crawford. The shot took effect
in the left fore arm. The wound is not
serious. A ,s
Hama, it eeems, approached g young
man ON last Saturday and outlined to
him plan to burglarize Bridges y
Grierson's store. The young man stated
the facts to Deputy Crawford, also to
the proprietors of the store. 1t was
suggested that he should consent to aid
the burglar, in order to entrsp him.
1 Officer Crawford and his father secreted
Themselves in the store behind the
counter and awaited developments.
About o'clock in the morning the
burglar made his appearance at the
door with his implements of trade, con-
sisting of burglars jimmy, two
came to the door with him, according tc
the programme. Hama opened the
door and the boy, thinking that there
might be o little shooting, heeitated to
go in. Hama threatened to kill him If
he did not follow. So the young man
followed the burglar q few steps and
stopped. Hama at once wens be-
hind the counter to begin opera
tions upon the cash drawer and
the safe. When the senior Mr.. Crawford
arose and confronted him with re-
volver, Hama made a few steps back
ward and ran against Deputy Sheriff
Crawford, and as he turned he was con-
| fronted with another revolver. Hama
then crouched under the counter, when
the officer commanded him to hold up
his hands. The burglar threw up his
left hand but kept his right hand con-
cealed, when the officer fred the shot.
The burglar then surrendered.
He was taken before a justice of the
peace at Azusa yesterday, and commit
ted for trial
Deputy Sheriff Crawford brought him
to the city las. evening and committed
him to the county jail. w
Hama's wound was attended to, the
bullet was extracted and his suGerings
are not very great. a
Hama said last night that the
case against him seemed to be pretty
plain"
The herald., 1893-01-24

1t is by ali odds the best Ininlcnt. Mr. Cha5-
Metzger, 2l7 Gsyer ave. So Louis, ND. is OF
the same opinion He says: "salyaucn on 10
the best remedy We have ever used In our fam
lily. II is the best renled on ear h.',lLa
The herald., 1893-01-24

from being looted. Defendants insist
that no cause of action is set forth in
this complaint" a.
Judge Mckinley, however, took an
other view of the case and held tbatthe
complaint stated prima faeia cause OF
action, overruled the demurrer, allowing
the defendants 20 days to put in their
anewer.
Defendants admit the publication of
the article and have instructed their
attorneys to plead justification by way
of a defense.
1t will be remembered that the last
Official act of DistricS Attorney McLach-
Ian was to file civil suit against Mr..
Banbury in the name of the county of
Los Angeles to recover the moneys
which he had illegally charged the
county for expreseage and which were
first brought to public notice through
the columns Of the HERALD. 1t may be
that Mr.. Banbury will ask to amend his
complaint in order t make ex- -DistrictAt-
torney McLschlin party defendant for
saggravation" of the libel in having the
temerity to perform his duty by filing
this suit.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1893-06-02
EXPERT LOWS REPORT.
HOW 1T WAS DOCTORED BY
ROYALISTS
A Glimpse at Monarchist Political
Methods Mr. Lows Unim-
peachable Character.

The report T expert Low stirred up
the Rovalist animals from "wav back %
Their boIrc,s, o,o,, h,st,,s i, r,,
..,. 80 n.U77,
"'Ne Vi '''7 D"'''''" 10 ""PeaCn MI
Low S methods but gets no further
than abuse 1t also says that Anucxa-
tionis,s ON the Finance Committee read
Laws r.,.,,..,,l did .,,., .,r.. ,.;,t ,,.
.,....' ''' W '''' 80
1'..l' O'."''''
Touching these points a leader IN
the late Legislature talked this morning
as follows
uI r,,. :, or o,,l ,,,,,,-.;,,....lr
w., 800 ''',' .
OI''1' q .- ''l''"' S''o 'ne eN"I"peH
THAT the most important sugg. stions
and corrections made by Mr.. Low were
emascp,ated Inv ,br Roy,,is, maturity,
..,.,-., ,........,,.. A.. p.,5.... III
~, ~ ''' '',' WIZ '''''
WI ! "u's'o''' "''''e 'u0y were '''e'''De'S
OF the committee, constituted a protest
ing reform minority against Mactarlane,
Eo,b,,, aud AL;,, ,.b,. ,,..., ....,r,,..
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1893-06-02
MORE PALACE TENANTS.
THE CABINET EVACUATES ALL
OLANI HALE.
The Ministers Occupy the Late Royal
Quarters To day-Where They
Are Assigned.

At eight O'Clock this morning big
trucks commenced to load the desks,
books and paraphernalia of the Inter
ior, Foreign Affairs, Finance and AT
torney Generals departments at Ahiol-
ami Hale and move them over to the
Palace.
For the present the following quar-
tiers are ass gned to be occupied by the
several departments
The Blue room to the Minister Of
Finance the Tower room adjoining to
the AudrturGeneral the dining room
to the Interior Department the throne
room to the Council Chamber the
library for the Foreign Affairs Depart
ment, and the bedroom maHkd for
President Dole's private room and the
room maikai the Library for the At
tOrney-General.
As promised in the STAR yesterday
this move had already been determined
upon and although some of the depart
ment clerks were taken by surprise, yet
it was such a wise change on the part
Of the Government that others were
only astonished that the move had not
been made sooner.
The first things taken over were the
big safes from the Finance and Interior
departments and next came the huge
desks and book cases of the other de
partments. Clerks we're detailed to %
along with each truck to see TN t moth
ing got lost, and Billy Hogs the dray
man who had charge of the moving
Kept his men and horses hustlng.
The furniture, tapestries and carpet,
have all been removed and stored il
the bungalow or in the unoccupieC
rooms uprtars. The rooms formerly
occupied by the Chamberlain and Com
missioner Of Crown Lands have beer
given 10 Colonel Soper, and the Crown
Lands Bureau will hereafter be a
AIuol.nl Hale along with the Govern
ment Land Bureau. The Registrar 0
Public Records, Commissioners 0
Chinese and Japanese Immigration
Commissioner If Agriculture and tn,
Judiciary will retain their offices il
Aluolanl Hale, as also the Survey anC
Board Of Health Bureaus in the build
lngs at present occupied by them nea
by
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1893-06-02
The Lively Dirge of Royalty.

When Dr. c, Il, Rogers, S cretary OF
the Council, went over to the Palace
with the rest of the Government en-
ployes this morning the first thing he
did was to 90 deliberately up to the
grand piano in the throoe room, open
It and pound the worries black and
blue to the tune Of Yankee Doodle.
He banged away at all the variations
to that famiIiar air, in half a dozen
different keys, allegro, andante, staccato
da capo and a la Hawaiian, until, finally,
he was induced to cease by one Of the
grave members Of the Cabinet suggest.
ing his action was inCrndary.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1893-06-02
Annexation Climb.

An Annexation Club has been organ
lied in Kona, Hawaii, with a large
membership and the following officers
president, 5. NJ. Kokoa; vice presidents,
d. Kahauhlio, Thos. n. Maze and T.
A. Wright; treasurer, /. X, X. Amalu;
secretary, VIM, Wright directors, Rev.
@, w Waiau, John kaume and John
Ahu.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1893-06-02
PERSONAL

John T. Warehouse ST. has given
up his intended trip to the States this
month.
/. d. Timmons, and not w. H..
Holmes, is the man who represents the
Southern Press Association.
NEWS IN A NUTSHELL.
Battery d drills tonight.
Naval row looks lonesome.
Rice is quoted in San Francisco at
S. IS and poor market.
For the first time since January ISth
last the flag floats over the Palace.
The Hawaiian Hardware Co., have q
notice in this issue in regard to their
new trade mark "Color do.
A poundmaster has not been APP
pointed at Waikapu, Maui, notwrth-
standing the royalist organs assertion.
VIM. McWayne has been appointed
Assistant Luna to take up estrays on
the Government roads See By Author.
ity notice.
The dredger is now working in to.
wards the new fish market wharf at the
end of Pacific Mail dock The trans
Pacific steamers are expected to berth
across the end cf the dock when the
deepening is accomplished instead OF
alongside.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1893-06-02
Revolvers Galore.

A large consignment Of revoIycrs was
received by the Government on the
Monowai. One hundred more stands
of Springfield rifles will come on the
Australia.