davidaulloa/AmericanStories huggingface dataset:
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-07
HOW O'BERN WAS DUPED.
Ed Burwick Arrested for Obtaining
Money From Him by


Ed Burwick, resident of Butchertown,
appeared in Judge Lows court yesterday
morning for his preliminary examination
on the charge of grand larceny by fraud,
trick and device, and the case was contln-
ued till to-day.
The complaining witness is Ed O'Bern,
Twenty-ffth and Castro streets, who al
leges that Burwick advertised few days
ago for q partner with small capital for
a butcher-shop at 1O16 Alabama street.
He answered the advertisement and on
Wednesday afternoon, getting $40 from his
wife, he called at the shop. Burwick was
there and told him he owned the fixtures
and blocks in the shop and horse and
wagon.
O'Bern handed over the $40 and Burwick
drew out partnership bill of sale and
handed O'Bern a receipt for the money,
which he neglected to sign. The landlord
happened to go into the shop and learning
what was going on told O'Bern that moth
ing in the shop belonged to Burwlck.
O'Bern Immediately demanded the re-
turn of his money and Burwick started on
a run, O'Bern pursuing him and yelling
for the police. Detective Cody heard
O'Bern's cries and taking in the situation
joined in the chase and overlook Burwick
at Twentythird and Valencia streets.
When searched at the City Prison $65 was
found in his pockets, which Cody says he
admitted he received from OBern.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-07

ences to section II of the act of 1861 he
took up and read extracts from Thompson
on the Law of Corporations on the indi-
vidual liability of stockholders of corpora
tons.
''That is the work. he said sarcastically,
''of which my friend, Judge CARRIER, says
he has such poor opinion. Well l don't
blame him. 1t fairly teens with cases
fixing liability upon stockholders. Fairly
teens with them-teems with them.
81 was much surprised" he continued,
''to hear that IN speaking of the act of
Congress counsel did not at all refer to the
fact that the act of 1862 was a mere offer by
the United States to the Central Pacific
Railroad Company of California for pro-
posal to make contract with it. The act
itself did not constitute contract until
the Central Pacific Railroad Company of
trail Pacific could have refused to accept.
1t was under no obligation to the United
States at that time. 1t could have refused
to enter into any contract with the United
States upon the terms and conditions i'm
piled in that contract. 1t was as abso-
1utely Independent of the United States as
any individual in California But. it did
accept and thereby took on the liability"
Judge McKisick continued by reading Sec
tons and of the act of 1861, providing
for forfeiture and setting forth the con-
ditions under which the bonds were to be
issued, among which was the one that the
bonds were to be paid at maturity; and,
further on, reading from the act of 1879, he
held that Congress in express terms had
avowed the intention of the Government
to relinQuish none of its claims against the
railroad company. He explained the sink
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-07
LOOKING FOR OIL.
Members of the Manufacturers Associa-
ton Examine the Miner Prop
erty in Oakland.

erty in Oakland.
A committee from the Manufacturers
Association went to Oakland on the
O'Clock boat yesterday morning to exam
inc the oil-bearing property of Mr.. Miner.
The committee consisted of ]. W. Kerr,
A. F. Mclaughlin, G. Neese and C. Blank
enhorn.
They were met by Mr.. Miner at Seventh
and Broadway and driven to their desti-
nation in carriages. A thorough investi-
CATION of the lanG then ensued.
They explored the creek, with its scum
OF oil, and dug into the slate to find drops
of petroleum oozing from the cracks. In
the sand formation they went to where a
hole had been dug and lit the gas that
escaped from the water that seeped into it,
This gas was collected by placing an in
verified tin pan, with hole in It's bottom,
through the hole in sufficient quantities to
cause steady light.
There is oil there, without question, -
said Mr.. Kerr, one of the committee.
''The matter of its value is problematical.
If it will pay to work, the wells will be SO
near transportation by water and rail as to
be of especial value.
1.-THE first step, of course, is to have the
property examined by experts. If the re-
ports are, favorable, well will then have
to be sunk. The indications are good, but,
| OF course, no one can speak certainly OF
the profits that may result"
The committee is to meet this afternoon
| at 8 o'clock in the rooms of the association.
They will then make up a report based on
their own observation.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-07
ARGUMENT FOR STANFORD'S MILLIONS,

sideration. These long liabilities, these
long-extended bonds. running thirty, forty,
fifty and a hundred years, are entered into
by these corporations, and we all know,
every business man knows, that in cases
of that kind they do not need these statu-
tory mechanics Gens-for that's what they
are-uo secure them"
Judge CARRIER again quoted from the
statutes of 1850 concerning the three years
limitation for the institution of suit on a
liza bility of any stakeholder of corpora
ton, and collaterally quoted from
Hunt VS.. Ward, SO California, a de-
cision of the Supreme Court, which, he
claimed, bore out his position analogously.
"There is the law of the State of Califor-
MA" he continued, Gin reference to which
this contract must have been made. If you
treat this railroad company as California
corporation, which | have denied, that is
the fair and unambiguous law of the State
of California, which must control the re-
suit of this action, regardless of the other
contentious, which | have maintained.
81 believe now that l have presented
sufficient to enable Judge McKisick to
meet and answer our position, and that,
from the points which | wished to enforce
in the opening, l submit that this bill can
not be maintained. In the first place,
there was no covenant, or promise, or
agreement, on the part OF the corporation
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-07
TO PROBE MEYERS DOUBT,
Contempt Proceedings Will
Follow the PaulSell jury
Disagreement.
The District Attorneys Office tc
Investigate the Matter
in Court.

| Assistant District Attorney Peixotto will
| this morning institute an investigation in
| Judge Belcher's court into the circum-
stances of the disagreement by the Jury in
the case of w. E. Paulsell on trial for rob-
| berry.
The jury stood eleven for conviction and
one for acquittal. the one standing out be-
ing julius Meyer, who gave as his reason
that, apart from reasonable doubt of the
defendants guilt, he would not vote for
verdict of conviction because he was "pre-
JUDGED against the court" 1t was under
stood that ne referred to certain remarks
made by the court in the conduct of an
other trial.
There is no desire on the part of the
court or State officials to question the fact
of the disagreement, but, according to
their statements, they regard Juror Meyer
as having placed himself on very danger
Gus ground, and to have raised point
tending to throw serious odium on the exc
| cution of justice.
| The fact that several of the Jurors preferred
direct charges of perjury against Meyer for
| violating his oath, and that he was the OBJ
| lect OF rldlcule and contempt at the hands
! OF his eleven cojurors, places the burden of
| the investigation upon his own peers and
! fellow-cltlzens, who insist that he shall be
| made an example of to warn any other
Jurors from attempting to block the wheels
of justice.
Judge Belcher said yesterday that he was
| investigating the authorities to ascertain
| under what sections Juror Meyer could be
dealt with. He had left the matter in the
| hands of Assistant District Attorney Peix-
otto and was ready to listen to any proceed
| lngs instituted by him.
| Mr.. Peixotto said that he would make
motion in the matter supported by. an
affidavit this morning. The affair had as
| ignored Juror Meyer, as every other
! juror, had been asked whether he knew OF
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-07
WANTS AITKEN RETIRED.
A. s. Newburgh Asks That He Be Given
New Attorney in the Doug
lass Case.

Now Attorney IN the DOug-
lass Case.
new turn has been taken in the case of
A. 5. Newburgh against Police Captain
Douglass. Newburgh has been protesting
that his attorney, John R. Aitken, con-
Quoted 'circus lemonade" case; that he
was "caved down the bank" by police in
f1uence, and that he neglected to use
proper diligence in the examination of wit
nesses.
This caused a quarrel between the two
attorneys, who were then in the same
office, but who now fail to speak as they
pass by. 1t also resulted in the exposure
OF some peculiar legal methods of Mr.. Ait
ken, which has caused M. M. Foote to re-
quest the Bar Association to begin action
| for his disbarment.
AS consequence, Mr.. Aitken has an
| nounced that he intends to publicly with
| draw from Mr.. Newburgh's case. He has
also declared that when he does so he will
censure his former clerk and client severely,
ana move Tor change OF venue on the
ground that his client had informed him
favor.
| Mr.. Newburgh has interested Ed M.
Sweeney in his case. That gentleman re-
| quested Mr.. Aitken to sign papers subStl-
tutlng Mr.. Sweeney for himself as attorney
Tor Newburgh. This Mr.. Aitken refused
to do. He said that Newburgh had proved
traitor and had wronged him by dlvulg-
ing professional secrets. He wanted to be
able TO tell the story in court and therefore
would not consent to the substitution.
| MI. Sweeney has filed q notice OF lnten'
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-07
Comfortable travelling.

The most comforta BILE route to the East sum
mer or winter is the Santa Fe route. The sleep
ing-cars are superior and the meals en- route
are unequale,. There is less dust and no more
heat than on any other line
popular misbelief is that extreme heat pre-.
walls on this line in summer, while the fact Ii
that the elevation of the whole line insures as
comfortable temperature as can be found on
even the most northerly line. The northern
part OF Arizona is the summer resort of the
people OF that section, and the Grand Canyon
OF the Colorado is visited in the summer
months exclusively
Inc santa Fe route is first class all the way
through to Chicago. The ticket Office is CSC
Market street, Chronicle building. The Pull
man sleepers run without change from Sar
Francisco to Chicago via Kansas City.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-07

any reason why he could not serve fairly in
the case, and if he had any prejudice
against the court at that time it was his
duty to have declared it. But he had NOT
done so. He was OF opinion that the atti.
tude OF the juror might prove to have
constituted gross contempt Any acti0n
however, that he might take would he II,
the simple execution of his duty ss az ~
officer of the court, and was not inf,uancaa5ls
in the least by his appearance for the
State in the case OF the People VS.. Paulse eli
mon justice to protest against the caS In
of odium upon this court or anv otbes
court. any o'her
W; %. Paulsen has been released nm
$4,000 bond, his mother being surety 0N "
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-07
FAVOR THE IRISH CONVENTION
knights of the Red Branch Indorse q
Patriotic Movement.

knights of the Red Branch Indorse q
Patriotic Movement.
The Knights of the Red Branch have
adopted the following resolution in favor
OF the proposed American convention in
the interest of Irish nationality:
WHEREAS, 1t appears that movement has
been inaugurated in this country by some of
the most patriotic men of the Irish race by
ton OF representative Irish-American citizens
at some central point for the purpose OF con-
siderlng the present condition oflIrish national
definite and advanced national policy than any
heretofore adopted, and
W hereas, 1T also appears that no home rule
bill or any other measure of substantial justice
IN favor of Ireland is likely to pass the English
Parllament through any form of constitutional
agitation, be it therefore
Resolved, That this organization is heartily in
FAVOR OF holding the convention above referred
TO, and fully indorses the said movement
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-07
Acknowledged His Fault.

Judge Murphy yesterday granted divorce
to Leopold Taibl from his wife, Mary Taibl, on
the ground of inidelity. The defendant made
no appearance, and Conradus de Lange, rs
years of age. testified that he had be justly
accused of the trouble which had been the
cause of the suit. He said that as q seafaring,
honest man he could not resist the charms Of
the defendant, whom he was willing to marry.
The court. becoming assured that there was no
The parties were married in Chicago on Deem
Der IS, 1879, and have since lived in this City
and San Jose.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-07
ton to demand the substitution. This will

ton to demand the substitution. This will
be heard this morning.
II have not taken the case up because 1
am friend of Mr.. Newburgh," Mr..
Sweeney explained. ~ feel that the police
are often too overbearing. l have fire.
quently seen them abuse citizens need
lessiy and thrnst attorneys out of court,
rooms when others who had not the legal
right to demand admittance were allowed
to enter. My fight is matter of principle
and will use every endeavor to convince
the Police Department that it is necessary
to employ courtesy in dealing with the
public
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-07

THEY manipulate paper into every conceiv
able shape; print or bind it. Myself & Rollins,
SCI Clay street.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-06-07
A nice POINT OF LAW,
The Right of a Husband to Dis
miss an Action of the
Wife.
c NOTED CUNNINGHAM CASE.
Every Woman in California Is Seri-
ouSly Affected by This Litt-
cation.

There was filed in the Superior Court
yesterday petition involving the right OF
husband to dismiss an action for dam
ages brought by the wife. This affects
every woman in California, for decision
in favor of the defendants in the case
sought to be dismissed means that hus-
band can at any time for consideration
dismiss an action brought by the wife, re-
CARELESS of the justice of her cause.
The case in question is the suit OF Laura
D. Cunningham against the California
street Railway Company for damages on
account of injuries received in collision
with car of the Market-street road. The
following is the petition filed by Henley
q Costello, attorneys for the defendants:
Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1895-04-18
School Report.

Last Friday closed the second
week Of school at Chityoo1, with
the following results:
Number Of boys enrolled, I3;
number Of girls enrolled, II; nlm-
Der Of times tardy, II; number of
days absence, 7; whole number of
days attendance, 2I6.
The pupils were asked to keep
study minutes at ho ne. Twenty
minutes each evening for each pupil
was the time set, making a total of
one hour aud forty minute; each
for the week. The following is
the report Of the time kept by each
pupil for the last week: Arthur
Pepin, 5 hours and S minutes; Pearl
Pepin, . hours; Ralph Pepin, I hr.
90 min.; Stella Pepin, 20 minutes;
Maude Whitney, hrs. IS min.;
Neva Whitney, hrs. IS min; Ira
Whitney, I hr. 10 min; Bert Hol-
lister, . hrs. 80 min; Merle Hollis
ter, hrs. IL min; Teddie Hollister
I hr. IS; Clarence Foster, hr. As
Ella Foster, I hr. so min; Claude
Wilson, hrs. 40 min; Elsie Will
son, hr. IS min; Ralph Wilson,
I hr; Beulah Wilson, hr. 30;
Nora Schlupe, hr. S min; Jessie
Schlupe, 20 minutes.
MISS LULU HARRINGTON,
Teachei.
Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1895-04-18

Prof. Van Scoy, of the Drain
Normal school, has rendered his
resignation as president Of that in
stitution, and expects to go to Ash
land to take charge Of the normal
school and collegiate institute at
that place.
Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1895-04-18

A Salem dispatch Of the 15, says:
Mayor Catch, Geo. @. Bingham
and w. T. Rigdon were tonight ap-
pointed as committee by the city
council to represent Salem before
the government board Of engineers
at Yaquina bay, May II. All towns
of the valley are expected to have
representatives before this board,
for the purpose of reporting on the
value of Yaquina as a shipping
point to the state, as data is desired
by the government to determine
upon the expediency of making fur
ther Improvements at that port.
The Salem committee will report in
g s.,,,. q, -, r-O -, ,,,-O,.or7a,,tr
Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1895-04-18

Secretary Of State Kincaid has
announced in plain terms that he
has fully made up lis mind on the
holdover commissioner question,
and his decision is that he will not
issue warrants TO the old commits
sioners until forced to do so by the
process Of law. The question now
is: Who shall represent the state in
a defense and whence will come
the funds with which to pay the at
torney's fee? Secretary Kincaid
does not consider it Incumbent on
Mr.. Idlemap to represent the de-
fense in opposition 10 an opinion
already rendered, nor will he ask
the services of another attorney,
making his remuneration depen-
dent on the next legislature. The
most feasible course, it is held, and
the one that will probably be fol.
lowed, is to ask for private subscrip.
tions to defray the expense of de.
Tending the suit that is expected tc
follow. One Portland man has Of
fered to contribute 500, and the
secretary thinks enough can be Sc
cured by voluntary contribution
to conduct the defense. A Portland
attorney has offered to represent the
state for S25c, and Mr.. Sehlbrede
Of Roseburg, has rendered his ser
vices gratis. Mr.. Sehlbrede thinks
Roseburg will also contribute funds
The secretary is confirmed in til,
belief that the citizens Of the stat,
almost universally endorse his re
fusal 10 recognize the holdover com
missioners.
Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1895-04-18

pr Freight and Passenger rates apply to any
agent.
Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1895-04-18
Var Eaded.
Teacllei

The war between China and
Japan has been ended By The sign
ing ofa treaty ofpeace at Simonasaki
last Tuesday, the 10th. The terms
Of the treaty are as folio rs;
First-The independence Of Corca.
Second-Japan's retention of the
conquered places.
Third-Japan's retention of the ter
ritory east Of the Liau river.
Fourth-Permanent cession Of FOR
mosa.
Fifth-Indemnity Of 500, ,ooo,o 900.
Sixth-An offensive and defen eve
alliance between China an Japan.
Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1895-04-18

Indicates joint district.
Total number of persons between
four aud twenty years of age resid-
ing in the county, 1886.
Amount required to make the
$50 apportionment for 80 school
districts at $50 each, s., 500; for
five joint districts, $4,000. Total
81 ,94o.4o.
The above was made out, and
the warrants sent to the clerks
April IS, 1895.
Notice received from the county
treasurer for the above amount to
be apportioned April IS, 1895.
Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1895-04-18
Farms for Sale.

I have several farms, both culti-
vated and uncultivated, for sale in
tracts OF 40 acres and upwards.
These lands are adapted TO fruit,
vegetable and sheep culture. Will
be sold very cheap and on reason
able terms. Anyone desiring 10
purchase such lands will do we'll to
call on or address
NJ. J. ALLPHIN,
If. Little Elk, Oregon.
Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1895-04-18
School Fsuad 44pporti0ned.

County Superintendent Bethers
made the regular apportionment o.
county school funds last Monday,
that being the 3rd Monday in April.
The amount apportioned was $50
to each district, the joint districts
receiving their proportion
DIST. CLERK. SCHOL- AMT
Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1895-04-18

Prospects are getting better in
Oregon, and particularly in Lincoln
county. The era Of hard times is
passing away aud confidence III
"the best country in the world" is
being restored, The people of our
county are beginning 20 realize
that if they succeed and proit it
must be by their own efforts. 10
body is going to do anything for
them unless they do something for
themselves. The first step in this
direction was taken when our peo-
pie put their shoulder to the wheel
and built and equipped a creamery,
The people were poor but they di =
played their grit, nerve an 500
sense, and they acco uplishe Won
ders. 1t SHOWS what reople an
do when they work together N J
it is an earnest Of what they will
do in the future. 1t Is brighter
prospect when new industries are
being established in a country.
With the creamery indurtry will
come the impulse and cultivate the
country. One thing aill bl ng
another and TIE prospects Of Lincoln
county will continue TO brighten,
Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1895-04-18
ICHURCHEs AND SOCIETIES.

urETHoDIsT EPISCOPAL CHURCH. Services
II win be held under the auspices OF the
Methodist Episcopal church as follows: First
Snpday in each month at Elk City school house
ef ii a IN. and I p. m. Second and Fourth sun
davs al Toledo, at II a. m. and p m, Third
SUNDAY at Mill Four school house, at p. IN.
All are cordially invited to attend.
f- S. W. POTTER, Pastor,
Address, Toledo, Oregon.
The Dupuyer acantha. [volume] (Dupuyer, Mont.) 1894-1904, 1895-01-12
Boat without
Boat.

StOrm Tape.
The outfit is completed by a storm
cape, which protects the sportsman
from the chin down and practically in
closes him in a waterproof suit. The
effect is not very impressive from an ar
tistic point Of view, but as an antidote
TO rheumatism and the other ills which
victimize hunters of water fowl it has
a practical appearance which looks en-
couraging. Having shut in everything
but his head and gun, the sportsman
may still further impose on the watch
full game by filling the loups around the
boat with whatever he deems best
adapted to screen him from the eyes Of
his future victims. Foliage from the
bank. artificial flowers, old newspapers,
or, in fact, anything which Is not trans
parent, will suffice to complete his bow
er. The outfit, exclusive Of the trim
mings referred to, weigh only twenty
pounds. The boat is made in four COM
partments and is of rubber duck cloth.
The boots, which take the place Of a
yachts center-board, are provided with
fins, by the expert use of which a duck
shooter may attain fair speed In his
voyages.
The Dupuyer acantha. [volume] (Dupuyer, Mont.) 1894-1904, 1895-01-12
HOODS Pills do not purge, pain or grippe.
How He Got II.

mot long ago + was RECALLED with the
tale Of am an who had become n colo
mel by a novel method.
" Were you in the militia Of your
state?' some one asked of him.
"'No, sah,' the proud son of the Blue
Grass replied.
Then continued the q%uestioner, I
suppose you were a battler for the
cause that was loSt?'
4" You are wrong again, sah,' the
colonel answered.
Then resumed the mar whe want
ed to know, will you please let me
know how you became a colonel?
'Suhtenly, sab. 1 married the wild
ow of the late an'lamented Colonel
Ruthford, sah.'"