davidaulloa/AmericanStories huggingface dataset:
The herald., 1894-09-23
A PECULIAR LAW POINT.

Judge Shaw Renders . Decision in ~
Interesting Case.
Judge Shaw yesterday gavs judg-
ment for the plaintiff in the case of M.
s. Hellman VS.. Merz ct AL, in accord.
ance with quite long opinion fled.
The defendants, being executors OF
the estate Of D. Mshlstedt, dcceased.
and desiring as such to sell certain land
belonging to the estate. upon which
there was q mortgage OF $l0, 1000, made
an agreement with the plaintiff. 1t was
substantially to the effect that they
would obtain authority TO sell the land
by an order from the superior court and
would thereupon sell it to the plaintiff
for the price OF $4,000, OF which he was
to pay $4,000 down and the balance BY
assuming the payment OF the mortgage.
The plaintiff paid to the defendants At
the time of making the agreement $500
of the proposed cash payment.
The defendants then filed their petit
ton and obtained the order of the court
to sell the land in accordance with the
terms OF the agreement. that is, all in
excess OF $40, 900, to be paid in cash and
the balance by the purchaser assuming
the payment OF the mortgage. After II
was advertised for sale the plaintiff bid
at the price and terms as stated, the de-
fendants accepted the bid and the sale
was confirmed.
Up to this time all parties believed
that the sale by executors made on suoh
terms would be lawful and valid. Before
completing it the plaintiff consulted
lawyer and was advised that the court
did not have power to authorize sale
of the land OF q deceased person upon .
proposal that the purchaser should as
sumo the payment of . mortgage given
by the deceased on the land, and which,
as in this case, had been duly allowed
as q claim against the estate. The
plaintiff thereupon refused to make far.
ther 7ment and demanded OF the do
fendsn.s g the repayment of the $500 paid
by him on account of the proposed sale.
This the defendents refused and there
upon the present suit was begun to re-
cover the money 30 demanded and re-
fused.
The principal question to decide.
Judge Shaw states in his opinion, was
whethor or not the probate sale on the
terms proposed was within the power of
the court to order, or the defendants as
executors to make. After thorough
discussion of the points. the court de-
cides that it seems too plain for contro-
versy that the sale proposed would be in
violation of the provisions OF the code,
and that the order and proceedings un.
der " hich the defendants were acting
were Intellectual to convey title. He
holds that the plaintiff has right to
maintain this action and recover the
money sued for. with interest from the
time OF the demand, and gives judgments
acCordiugly.
The herald., 1894-09-23
BOARD OF PUBLIC WORKS.
The Weeks GrIst OF Business Ready for
tho Council.

Tho Weeks Grlst OF Businoss Ready for
tho Council.
The board OF public works made q
general tour of the city yesterday morn.
ing and submitted the following re-
port:
In the matter of the recommendation
OF the city attorney in reference to ap-
plying money paid for franchise of
Third street, by reason of the newly
paved street, we recommend the report
OF the city attorney be adopted, and the
money rendered to the hondholders, to
be applied on coupons, allowing interest
for advance payment, and parties hav-
ing paid cost be paid to property owners /;
same to be paid on the presentation Of
the proper demands on the city treas
ury.
We recommend that the board OF pub
lilo works be authorized to have the
easterly side of Pearl street, at its in
tersection with Fifth, improved 80 as to
have the curb conform, aud the city
engineer be instructed to give the nee
essary stakes
We recommend that the bid
Of Newoomb & Crawford to sidewalk
the south side of Seventeenth street at
ii csnts per square foot be accepted and
the accompanying resolution OF award
adopted.
In the matter OF the petition OF e. A.
Miller ct al, asking to have Tenth street
improved, we recommend that the petit
ton be granted and the city engineer
present the necessary ordinances OF in
tention.
We recommend that specifications No.
12. as recommended by the city engineer
with regard to cement work, be adopted.
We recommend that the street super
intendent extend the culvert east ol
Eschandia street across Brooklyn ave-
nue.; also, that he take pipe from the
corporation yard and put it in to carry
off storm water at Brooklyn avenue and
Matthews street.
We recommend in the matter of the
petition OF Charles P. Folkerth ct al.
property owners on Georgia Bell street,
between Pico and Eleventh. asking tina;
the grade be changed to conform with
the intersection of Eleventh and Twelfth
streets, that the petition be referred tc
the city engineer to estimate the 'front.'
aua
The herald., 1894-09-23
BRAWN AND BRAINS.
They Win In Salt River vaIley Evsr
Time.

They Win In Salt River Valley Every
Time.
We've said it before and we say il
again. that to anyone with strong arms
and average sense Salt River valley of.
fers very fair inducements, says the
Phoenix Gazette.
In proof OF our oft-reiterated text. We
cite this time for example Ranchman
Roach, out on Grand avenue, between
Glendale and Peoria.
few years ago he arrived here with
$40, team, his strong body and the
head above specified. He located on q
quarter-seotion OF school land and
planted wheat. It made q splendid
stand, but later WAS knocked out COM
pletely by rust. That left Mr., Roach
$500 in the hole.
Common sense told him to try alfalfa
next. which he did. He paid his debts
and was soon 500 ahead. He added
hogs to his farming industry. They
bred we'll, but slept on the east side OF
his hay stacks. The old hogs as the hot
sun rose up moved around to the west
or shady side, but the little pigs re-
manned in theiE first bed and roasted to
death.
Then Mr.. Roach drew on his common
sense again and planted sunflowers,
much to the disgust of his noigh bors.
That expedient. however, afforded
shade for his little pigs and they didn't
keel over from the sums sizzling any
more.
He wasn't through with his Uranium
yet. Under its promptings he this year
planted 40 acres of sorghum. 1t has
grown magnifcently, is eight feet high
and more luxuriant than any vegetation
of biblical Mesopotsmia. The crop will
fatten his 400 nogs and then render 40
or so cattle fit for market this fall.
What the size OF his bank balance will
be next fall we decline to publish for
fear OF stage robbery or other form Of
hold.up.
The herald., 1894-09-23
In Menoriam .

LONG BEACH, CAL, Sept. 18. 1894.
At a special meeting OF Court Lon {
Beach. No. 35, l. o. F., called to oonsid
or and adopt resolutions of coincidence
and respect to the memory OF our es-
teemed brother and fellow citizen, Mar
tin o. Holman, the following, among
others, were unanimously prssed, viz.
Whereas, 1t has pleased Almighty
God, in his infinite wiadom, to remove
our brother NJ. G. Holman from our
midst, from our earthly court, to the
higher and supreme court above, and
while deploring his loss, while we shall
rniss him in our social gatherings as O
brother counselor and true friend, vet be
it therefore
Resolved, That we, as a court and as
individual members thereof. bow in
meek and humble submission to His
divine decree, while greatly dsploring
the loss OF our esteemed brother be it
further
Resolved, That by his death this
community has lost one OF it's most
progressive and entorprising citizsns,
upright and just in all things. Always
ready and wiling TO contribute to the
material and general prosperity OF Long
Beach in any and every way. Honora-
bio. law-abiding, gentle manly and cour-
teous to all, were striking traits in his
character and daily life be it further
Resolved, As q brother Forester,
none more respected and estee med,
mons more willing to help the sick and
affl cted, the nesdy and euffsring, offer.
ing oondolence to the sorrowiul or sad
heart, none more ready to assist in
keeping the standard OF Forestry above
reproach ; and be it further
Resolved, That as a court and mem.
bers of the Independent Order of Fores-
ters, ws tender TO his bereaved family
and relatives in distant land, our
heartfelt sympathies, and with them, de
plore the loss of one who was dear to us
also in secret ties and al true friend;
and be it further
Resolved, That g copy of these res
olutions ho entered upon the minutes
OF this court, and that thsy be publish
cd in the Long Beach Breaker and The
Eye. the Los Angeles dailies. and that,
they be sent to his bereaved relatives.
ALEXANDER Miles. Chalrm'n,
l.. A. BAILEY, Sec'y,
THOMAS MCCARTHY,
j. y. JOINS,
W. ii. SCHILLING,
Committed,
The herald., 1894-09-23

the Redondo railway, are in town on .
visit OF inspection OF their property.
The Southern Pacific will run its regu-
lar Sunday trains to the beach today.
The steamer Mineola with 800 tons
OF Comsx coal is on the way to Port
Los Angeles.
The Pacific Coast Steamship company
will make reduced rate on both pag-
sengers and freight to those who wish to
attend the agricultural fair at San Luis
Obispo, which opens September 25th.
These rates will apply from all points
as far south as San Diego and will be
good from September oath to October
lat inclusiye
The herald., 1894-09-23
SINGLE TAX MEETING.
Mrs. GaIpin VIII Address tho Audiencs
Tomorrow Evening.

Mrs. Galpin Will Address tho Audiencs
Tomorrow Evening.
The principal speaker who will ad.
dress the single tax meeting at Unity
church next Monday evening is Mrs.
Kate Upper Galpin, who will speak on
the public school. She will appear not
al candidate for Office but as an edu.
cstor, deeply interested in our c,mmo,.
school system, and qualified by nature
aud experience to discuss the important
subject in a manner at once eniertain-
ing and instructive. After Mrs. Galpin'e
lecture there will be lively dscu sson
between single takers and others on
economic propositions aud questions
from the audience, written or oral, will
be snswered.
The exercises will open at 7 As O'Clock,
and those who want to procure the beat
seats must come early. Admission is
free to all.
The herald., 1894-09-23

and talks given. as from Bishop Phillips
Brooks. the Jewish Conception OF God,
by E. e. Hale. D. D.. Back to Jesus. by
John Clifford The Millionsires. Apples
of Gold in Basket of Silver; the Bells
OF Peace, by Prof. David Swing; God
Speaks in Many Ways. by Theodore P.
Munger; the Grand Message of the
Years, by Rabbi Schiendler, and many
others from renowned orators and
soholars
The herald., 1894-09-23

A. M. Bailey, we'll known citizsn OF
Eugene. Ore. says his wife has for years
been trou bled with chronic diarrhen and
used many remedies with little relief
until she tried Chamberlain's Collie.
Cholera and Disrrhea Remedy, which has
cured her sound and we'll. Give it Q trial
and you will be surprised at the prompt
relief it affords. 25 and 50 cent bottles
for sale by OFF & Vaughn. Fourth sud
Spring and Q. F. Heinzeman, 222 Norsh
Main, druggists,
The herald., 1894-09-23
Tha Modarn Ranutx

Thrives on good food and sunshine, with
plenty OF exercise in the open air. Her
form glows with health and her face
blooms with ita beauty. Ii her system
needs the cleansing action OF laxative
remedy. she uses the gentle and pleasant
liquid laxative, Syrup OF Figs.
The herald., 1894-09-23

Kregelo & Bresee, funeral directors
Broadway and Sixth street. Telephon
243.
The herald., 1894-09-23

For good table wine order our Sonoma
Zinfande at SOC per gal. I. Vache & Co.,
Commercial and Alameda. Tel. 3U9.
The herald., 1894-09-23

Largest stock of wall paper at Eckstrom's, 800
g Mair at. Right price-good TASTE
The herald., 1894-09-23

Eckstrom for wall paper, 800 $. Main st
The herald., 1894-09-23
ZYSIzsgIR 2: s::gIRNJlNoR1
" BHE13 E1J{H!5S&s}o ~

sparkling novel furnishes delightful
and innocent hour OF pleasure to the
reader who Is hurried on TO q breathlees
sympathy with Philip May, as he fights
among the pirates bold for the safety OF
his secret trust, and for the hope OF
meeting "the Lady OF the Halcycn,"
whose smiling face beams happily on us
at its close.
1t is a most delightful nautical story.
charmingly told. and the very bresth OF
love seems to fill the white sails OF the
mischisvous but peerless Halcyon.
This last book of this versatile author
is equal to any OF his previous efforts,
and superior to most OF them. 1t is ls'
sued in Neely's Library OF choice liter
ature.
The herald., 1894-09-23

Wall paper hung, loc roll; s2s 5 Spring.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-06-14
HAWKS ON TRIAL.
Evidence of tho State All In-De-
Tense This Morning.

Evidence of the State All In-De-
Tense This Morning.
The trial of c. A. Hawks, cashier of
the defuact Seven Corners bank, began
yesterday In Judge Kerr's court.
County Attorney Butler appears for the
state. Nelson. Fitzpatrick and McDer-
mott appear as attorneys, and Judge
Charles E. Flandrau as counsel for the
defendant. The indictment on which
the trial is proceeding is one alleging
the making of false return to Public
Examiner Kenyon. in May. 1893. All of
the forenoon and part of the afternoon
was taken up in securing jury, result
ing in the following selection:
Edward &. Schletz, Thomas Davis.
Andrew Schneider, Louis F. Teske,
John Theits, II. D. Miner. Charles h.
Tallmadge, Frank j. School. Samuel
w. Rice. Gustave Lienau. Emil Tesch.
T.. Kieran.
About 3 o'clock the county attorney
made brief opening of the case to the
jury and then called NJ. D. Kenyon, the
public examiner. as the first witness.
He testified as to the report of the bank
having been made to him. Miss Bessie
Shepard. the stenograpber and one of
the bOokkeepers; j. p. Hoffman, the
deposits bookkeeper. and p. e. Hotf-
man. the teller, were called as wit
nesses. The evidence introduced by
the state was documentary in character
and was put in so rapidly that the state
rested last evening. rhe defense will
begin with his side of the matter this
morning.
W. b. Evans, the assistant cashier,
who has been in the South for several
months. was in the court room, as were
also number of directors of the bank.
The evidence was of rather dry ma
ture and excited but little interest.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-06-14

has been larger than expected. The
president recommended that the
school be continued in the same
building another year. aud what
ever Is done at the meeting
in regard to this matter requires the
utmost cautlousness. The recalcitrant
minority" siding with the board of
trustees of Augsburg seminary came in
for a good deal OF attention Its reso-
buttons passed at a meeting held Nov.
81 to % have violated. he said. the con-
stitutlOn of the United church; but the
latter ought not to deal harshly with
them, because they have been hood
winked by the leaders of the Augsburg
faction, and the president had noticed
that OF late number of minority men
realized their mistake and returned to
the majority. He also felt convinced
that there would be a still larger exodus
from the minority" in the future.
The president closed his report with
an exceedingly eloquent appeal to the
meeting IN behalf Of the welfare OF the
United church.
Rev. johnson, of NorthwOoi, N. D.,
preached at the Auditorium last night.
The first business before the opening
of the session at 8 O'clock this morning
will be the disposal of the supplement-
ary report of the committee on creden-
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-06-14
.f|ELD,MAI.H[E::R
g. co.
COMFORT BARGAINS.

The Muslin Underwear
department is one of the
busiest corners of the store.
Piles of seasonable and we'll
made Underwear at unusual
bylees.
Here's a mighty good
thing in Dress Waists:
Fine India Linon Dress
Waists, fine small tucks,
neck and front finished with
muslin frill. Price, 70 cents.
They're made in our usual
best manner.
Extra fine Cambria Corset
Covers, round neck, trim
med with Val. lace, or square
neck trimmedwith embroid-
cry Price for either kind,
So cents; value. 85c.
Summer Corsets, Soc, 75c
and $500.
Fast Black Ventilating
Corsets, $500.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-06-14
OLD MAN LOVES 4 GIRL.
akx=s LIFE a BURDEN 70 AEs syi
~ ATTENT.0KSsf KS qaas
aE Is FINALLY" ARRESTED

-Parades Himself Before the Girls
Window-Accosts Her With
''o' Endearing Terms at Every
Sight OF Her-in Court He De.
,'.a clares That He Wishes. to
vi q Marry the Girl.
The police court is. after all. the
NIL r0r which reflects the shades OF
,Sc9mnunity i'll allits changes and moods.
aNow.iti is crime. now weakness. and at
times the pathetic and romantic have
.stheir turn. The general public assocl-
ates with this branch OF protective de-
.Partment as rule only the elements Of
Crime in the many, colors and hues
which the shadows of great city ever
,pgoyide. But at times there.is mingled
: with the crowd that is daily rounded
up some character that is deserving of
more than passing notice.
- Such an opportunity arrived yester-.
day morning. and the case presented to
the attention of Judge Twohy disclosed
what one might certainly term 1.-THE
romance Of all old man,
y When the name of A. W. Beckwit b
was called there stepped from the pit
man of over forty years. gray.haired
and shaking nervOusly as he took the
appointed chair in which offenders
await their judgment. The charge pre-
ferred against the old man was that of
dlsorderly conduct. But behind it there
was good deal more than appeared Oh
the surface. -r...-r..
The complaining witness was re-
spectacle citizen. living on st. Peter
street, who stated that Beckw had
for some months past thrust his unwel-
come attentions on his daughter, a
young girl OF scarce nineteen summers.
The father stated that whenever Beck
with saw the girl alone he would accost
her with the most endearing terms. Be-
sides this he would keep up a constant
window parade in front, of the family
residence. no matter what the state of
the weather. The affair finally became
too annoying and the friends of the
young girl caused Beckwith,s arrest,
When put on the stand. in, his, own
defense, .Beckwlth appeared, more like
man who was OF unsound mind, and a
at subject for the asylum. His, hands
trembled visibly as he addressed the
court to tell his story. And that story
revealed the existence, OF, a, hopeless
passion. Beckwlth stated that he had
been regular visitor of Christ church,
where he first met the girl, and had
become acquainted with her: He avowed
that he meant her no harm, and that he
thought more of her than any one in
the world. 1t was his wish, he said, to
make her his wife. but the old folks
were bitterly opposed to such a pro-
ceeding. Beckwlth then produced, some
letters written by female hand. which
: he said were sent him by the lady in
Question. and by which he was led to
suppose that his attentions were wei
come. 80 -, 80 -@,'. ',s,s
! es1t developed during the hearing that
The old man had some property and
means of support. Judge ToWhy looked
Upon the matter as more. IN the nature
OF an insane infatuation and ordered
: tffs case continued tor several days to
/, see what would develop. -
it is probable that he will order All ex-
animation by the probate court to In
quire into Beckwith's sanfty.-.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-06-14
SEEK DELAY.

Republicans Not Ready to Argue
Court. a''. So
The assembly case-so called-was set
for argument before the supreme court
yesterday. When the case was called
the Republicans put in a motion for
delay, as they had not got ready, No
objections being ,interposed. an ad-
journment of the hearing was granted
until Monday. .sssl.zt fs:z,34s.
1t is supposed Tim Reardon and his
co-partner. Zollman. will bey..read up"
On the law by tho new date, though it is
not impossible that the ,dIeary farce
comedy performers. will then seek fur.
ther delay. In the meantime the wheels
Of the city government lido move" with
Gut friction. -sa~ =: 49,.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-06-14
DROVE tjAORsE TO DEATH.
SUcH The STATEMENT ABOUT MAK
That HIRED A LIVERY RIC.
FoRTY-FIvE MILES IN HOURS

Mckinney Abandoned the
Other Horse and Game to ST.
Paui-He Is to BE Prosecuted
Doubly.
A story of cruelty to animals was
stated yesterday which for brutality
and heartlessness on the part of the
perpetratOr is seldom equaled in this
enlightened age. AS result OF it Alien
& Co., the weli-known livery firm, are
mourning the loss of one Of their best
carriage horses. aud will probably lose
another.
Last Sunday man giving his name
as Alfred Mckinney and claiming to be
member of the firm of McCabs & Co..
the Third street produce merchants,
called at Aliens stable and stated that
ne desired good team. as, he had urgent
business calling him to Mortified. In
his company was a man named Morri-
son. who, Mckinney said, had just
bought out his Mortified store. and he
desired to go over to check up.
The two left here at O'Clock. At
2:2O they were seen at Pennington, and
at o'clock they reached NOrthfield,
having driven, as stated, the distance of
forty-tive miles in four hours, despite
the swelteriug heat aud broiling sun.
When they arrived at Mortified and
took the team to stable, it required
the services of two men all night to
keep the animals from dying. They
seemedi in helpless condition. On the
following morning Mckinney. as stated.
SAID that he had to return to St. Paul at
once, But he was informed that the
horses would never reach the city alive.
Despite the warning he replied that he
would make the attempt, aud ordered
them hitched sup. Hs came through
Pennington flying, 1t is said,
and never stopped to rest
his faded horses. After passing
through that place, he overlook man
driving a sulky, and he engaged in a
race with him. When abont nine miles
from the city one Of the animals dropped
dead insits tracks. Mckinney. as SAID,
coolly got out Of the buggy aud un-
hitched the other, tied it to the rear end
Of. the rig and started out to procure the
use Of another outfit from neighboring
farmer. He abandoned the tired animal
in the road, exposed to the hot sun, and
started forthe city. AT noon the farmer
still noticed the animal in the road, and
kindly took it to his stable and cared
for IL. 4 fif:2N
When Mckinney arrived in the city,
as stated. he simply stayed away from
the owners. and they had no further in
formation as to- what had befailen their
horses until yesterday, when the farmer
came here aud informed them of the
condition of things. Mr.. Allen had not
words sufficiently strong to express his
feelings over the brutal action and has
placed the matter i'll the hands of The
county attorney for prosecution. Be-
sides Agent Hutcnins, of the humane
society, will begin prosecution against
the alleged offender on the charge of
cruelty to animals. 1t is the determifiai
ton of both gentlemen to give McKth-l
ney the full benefit of the laws pro-.
vision. .1~2 %
John McCabe & Co. deny that Nc
Kinney is member of the firm.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-06-14
ASSEMBLY MIDDLE.
Attorneys Entered OF Record, and
Hearing Set Over.

Attorneys Entered OF Record, and
Hearing Set Over.
The application to show cause why
petitions should not be filed for writ of
quo warranto in the assembly matter
was called for hearing In the supreme
court yesterday morning. W. II. Light
ner appeared for the relator, which, in
this case. is the state. on information of
the attorney general. F. 6. Woodruff
appeared as attorney Tor Assemblymen
Holman and Banholzer, and President
Van Slyke. of the assembly. He re-
quested that an appearance for the re-
spondents be entered with JIG. Michael
and himself as attorneys. and F. W. Nj.
Cutcheon and John Fl. ives as counsel.
Timothy Reardon appeared in his own
behalf and argued the constitutional
points to the spectators. The cause
went over until Monday, at which time
it was agreed by all parties to make a
full argument on the merits of the
whole case.