davidaulloa/AmericanStories huggingface dataset:
The herald., 1895-07-23
HABEAS CORPUS INVOLVED
Judge Van Dyke Remands q Vagrant
Petitioner
Who Tried to Escape Punishment on a False
PIea-Deputy District Attorney James
Scores Victory

A writ of habeas corpus of peculiar inn
port was heard and dismissed by Judge
Van Dyke yesterday. Not only because
it prevents the development Of cheap shy
stering practice at the city Jail does it in .
terest the legal fraGernity, but because of
the immense saving in both time and
expense to the city courts and the county
and city treasures.
The petition was that Of young negro
named Tom Brown. confined in th 70 city
Jail on a conviction for vagrancy. At
torney Hyatt, who appeared with him.
argued that Brown was not given a jury
trial in the police court, and therefore
was illegally confined in the city prison.
He no doubt, got his ground from the
case brought number of days since by
Attorney j. Marion Brooks, who secured
the release of Emil Rodenbach, convicted
OF the same crime, ON almost the same
ground, in the same court. But in Ro-
denbach's case there was an old "foater''
to contend with and a few dissimllar con-
ditions.
In the police courts jury trials are never
given to vagrancy, drunk and disturbing
the peace cases. and culprits are tried
city judges; the city Jail is crammed
with such prisoners, including the dan
gerous, vicious criminals who constitute
the chain gang. Since Roden bach's re-
lease the cry went forth that every Grim
inal convicted without jury trial could
be released from serving the penalty of
his crime by the use of the constitutional
right of habeas corpns.
The prisoners in the >bastile were in a
ferment ana the police began to fear the
Jail would be depopulated and hundred
desperate rascals would be turned loose
in the city. The district attorney re-
garded the situation grave one, and he
dafa tlad II htc hri mi
P. James, who attends to the police
courts and was familiar with the case, to
check the evil and head off such rank
abuse Of the habeas corpus.
When the young negro Brown appeared,
James was there, and arrayed against
him were Attorneys Hyatt and Brooks.
Mr.. Hyatt stated the ground that Brown
should be released from the city Jail,
where he was unjustly held, he not hav-
ing been given the right OF jury trial.
Briefly and concisely Mr.. James fired
his legal arrows. In the first place, the
jury trial is not given criminals OF the
prisoners grade. Then, anyway, ha-
remedy for the evil, if any. and does not
apply. A refusal to grant a jury trial
would amount to error and is amendable
only by appeal. He cited 50 Cal, James
Poweson versus W. .C.Lockwood, former
city justice of Los Angeles. and con-
cluded with citing a case that exactly
fitted the present instance, 50 CAL, ASA
ex parte j. II. Miller.
]. Marion Brooks arose in his might
and thundered for half an hour on spread
eagle topics relating to- life. liberty and
the pursuit Of happiness. but the logic
of his mild young rival haa gone home
to Judge Var. Dyke, who stopped Mr..
situation, showing the bad receuent ard
reprehensible practice about to be estab-
lishsd, he remanded the negro to tlisscity
Jail.
The herald., 1895-07-23

interposed by Aiken & Smith. who rep
resented the Fallbrook irrigation district
in the fight.
"The decision of Judge Ross overrules
the demurrer and places the bondh olders
in no enviaple light An appeal is pro
bable. and the matter will come before
the United States supreme court.
''As similar instance, take the Palo-
mares estate. 1t has been assessed for
moro than the price asked for it In the
market, and should the act stand, it
would be sold to pay the irrigation as
sessment."
h. j. PalOmares was also interviewed
by the news writer, and corroborated the
latter's statement.
They assessed the estate for $1O3, 900, -
said he, ''and with the interest it foots
up over 5000, 900. We have placed the es-
tate on the market in the sum of SIS, 00O
From this you can see the incongruity OF
the act as to individual rights. We stand
in position of having these irrigation
privileges forced upon us and OF being
charged sum actually in excess OF the
market value of the estate. A partial
victory has been gained by the late decis-
ion of Judge Ross. and we hope to hear
that 1T has been sustained in the Nodes
to Case,'
The herald., 1895-07-23
MYSTERIOUS MURDER
A Leading Farmer of Lincoln Shot from
Ambush

LINCOLN, H., July 22.-Louis Nc Afee,
one of the leading farmers OF thi is county,
was mysteriously murdered at his own
homo Sunday morning. Mr.. McAfee was
much esteemed by the people of Zion
neighborhood, where he lived. and the
fact that this is the third murder attrib-
uted to tramps which has been commit
ted near Lincoln within the last few
weeks, has tended to bring the excite
ment to fever heat, and should the fend
be caught by the farmers there is no
doubt that he would be lynched. AS Mr..
McAfee was standing on the porch he
was struck under the shoulder blade by
bullet which passed through the left
lung and lodged in the liver. The report
of the gun was heard by his wife and son
who at once rushed to the house. where
they found Mr.. McAfee dying. He lived
but ten minutes. The person who fred
the shot was not seen by the family, but
his footprints were found and followed
to the city. He was barefooted at first,
but he stopped TO put on his shoes as he
entered a oornfield on the way. The
murderer is supposed to be tramp who
was fed by the McAfees. What his
motive is unknown, as Mr.. McAfee was
not known to have an enemy. Rewards
are offered by the sheriff, and he has
asked for bloouhounds to track the mur-
derer. .
The herald., 1895-07-23
THE ATTORNEYS TALK
Their Statements Of the Present Status Of
the Irrigation Case

Their Statements Of the Present Status Of
the Irrigation Case
Shirley Ward. the eminent attorney.
son OF John S. Ward. was seen by Her.
aid represe ntative shortly after the rem
dering of the decision. John S. Ward is
the chairman OF a committee appointed
by the bondholders to present the consti-
tutional points of the act before the
United States supreme court in the Mo-
desto case. Shirley Ward said:
GAS l understand the matter. Judge
Ross has decided the case on its merits
and not with regard to legal teohnicali-
ties. 1t is the first decision rendered by
the federal court and is the reverse of
some five decisions made by the state su-
preme bench. 1t will affect some $19, 900, =
900 worth of bonds that have been sold
to defray the expenses OF building the
works of the various irrigation dis
tricts.'
In answer to a query as to the loss that
would fall upon the bondholders snould
the federal Judiciary uphold the present
decision, Attorney Ward said: "They
will not be entirely without remedy.
Should such an event take place when
the matter is passed upon by the United
States supreme court the losers can file
canal systems acquired by them under
the operation of the act. They may real
ize quite good deal of their lost money
in this way, but it will hardly be tithe
OF the amount expended.
There is case pending at'the present
time in which my father, John S. Ward.
is interested. 1t will be brought by parties
the supreme court Of the United States
next fall.''
The herald., 1895-07-23

WASTING DISEASES WEAKEN WONDER
W fully because they weaken you slowly, gradu-
ally. Do not allow this waste of body to make
you apoor, flabby, immature man. Health strength
and vgor is for you whether you be rich or poor
The Great Hudyan is to be had only from the Hud-
son Medical Institute This wonderful discovery
was made by the specialists of the old famous Hud-
son Medical Institute 1t is the strongest and most
powerful vitalizer made. 1t is so powerful that 1t
is simply wonderful how harmless 1t is. You can
get 1t from nowhere but from the Hudson Medical
Institute. Write for circulars and testimonials.
This extraordinary Rejuvenator is the most
wonderful discovery of the age. 1t has been en-
Crsed by the leading scientific men OF Europe and
merica. tf ttf }t- f ' r
Z MUDYAN is purely vegetable. y ~
AVDYAN stops prematureness of the dis
dtsrge in twenty days. Cures LOST MAN.
HOOD, constipation, dizziness, falling sensations
nervous twitching of the eyes and other parts.
Strengthens, invigorates and tones the entire
system. 1t Is as cheap as any 0ther remedy.
MUDYAN cures debility, nervousness emis-
stons, and develops and restores weak organs.
Pains In the back, losses by day or night stopped
quickly. Over 1900 private Endorsements.
:Pfematureness means impotency in the first
stage 1t is symptom of seminal weakness and
barrenness 1t can be stopped in twenty days by
the use Of Hudyan. Hudyan costs no more than
any other remedy. -d.tr- rs-1a
Send for circulars and testimonials. , .a.
TAINTED BLOOD-Impure blood due to
serious private disorders carries myriads of sore.
producing germs. Then comes sore throat, pimples
copper colored spots ulcers in mouth old and
falling hair. You can save trip to Hot Springs BY
writing ar Blood Book to the old physicians of the
HUDSON MEDICAL -INSTITUTE,
Stockton, Market and Ellls Sta p
sAN FRAlrcIsCo. CAL ..@s.
The herald., 1895-07-23
Notice
TN SUPERIOR corrRT OF

TN SUPERIOR COURT OF STATE OF CALL
l. fornia, in and for Los Angeles county.
In matter of the petition of Methodist
Episcopal Church, South of Los Angeles, Cali
tornia for authority to SELL
Pursuant to an order of the judge of said
Superior Court, notice is hereby given to any
and AL persons interested in the real property
OF said church and i'll any matters thereof, to
show cause ii any they can, on Tuesday 23d
of July, 1898, at 10 o'clock, A. NJ, of that day.
OF as soon thereafter as counsel can be heard,
Two, in the court house, in the city of Los
Angeles. why the said incorporation should
not be authorized to sell its real estate in Lot
of Block 13, Ord's survey in said city
Witness my hand and seal of said Superior
Court, this 18th day of July, 1895.
(Seal] I. E NEWLIN, Clerk,
By A. W. SEAVER. Deputy.
h.e-i4 WlCKS q MACDONALD,
Attorneys for Petitioners
The herald., 1895-07-23
SEEKING TROUBLE
Young Bannock Bucks Would Dance If the
IItes Jojn

DENVER, July 22.-A special to the
Times from Cheyenne, Wyo., says Cover
nor Richards received advices today that
some fifty young Bannock bucks are in
Oregon Short Line, in Uintah county.
The Indians have a big herd of horses
with them and are inducing the Utes to
visit them, ostensilby to trade horses.
There are no squaws with the band and it
is believed their real object is to have a
sun dance, if the Utes join them. Their
movements will be closely watched and
they Will not be permitted to commit any
depredatiOnS
The herald., 1895-07-23

tuIe. few fellow officers are of the
opinion that he has made away with
himself. II is home was happy ope, but
of late has been shadowed by a misfor-
tune to Oracle, the youngest child. Two
years ago, when she wa, eight years old,
she fell from an electric car and sustained
injuries that necessitated the amputation
of her left leg. The child was his young
est, and her sufferings may be assigned
as cause for his deran cement if his
disappearance is to be so explained.
The herald., 1895-07-23
Locomotive Firemen Met

DES MONIES, Ia. July pa large
meeting of the Brotherhood of Locomo-
tive Firemen was held IN this city Hast
night. There,were present about 200 in
dependents. including all the railroad
towns in Iowa and large nun her from
outside the state. The grand officers of
the national assembly were also present.
The meeting was secret. but those in at
tendance say they have no further sig
nihcance than the desire of the members
to become better acquainted.
The herald., 1895-07-23
The Local Fight

Attorneys Lee e. Scott, the able law
yers who have piloted the Fallurook case
through the legal shoals and quicksands
to its present victorious position, were
also seen. This firm represented the
mplainant, Maria X. Bradley. in the
hight against the assessment made by the
Fallbrook irrigation district. With re-
gard to the matter, Attorney Scott said:
The Wright irrigation act was framed, as
understand, by Q. y. Wright, now a res
ident OF Modesto. and Judge Beatty, be-
fore the latter's election to the supreme
bench. 1t WAS passed by the Legislature
of 1887 and under it some S., 600, 900
have been invested in irrigating plants.
THE act provided for the division of
country into irrigation districts. The
owners of property within that district
were assessed in proportion to the
amount of holdings they had in their
possession. ana in such proportion were
permitted to avail themse selves of the irri-
cation privileges. Should their assess
ment become delinquent, the collector OF
the district was empowered to sell their
property to cover the amount due.
1T was against this procedure that our
case was brought. Mrs; Maria King Brad
ley owns about 1orty-five acres In the
Fallbrook district in San Diego county.
and was assessed by the collector. who
eendeavored to collect the amount, and.
failing, sought to sell the property, claim
ing his authority from the act named.
Mrs. Bradley brought suit through our
firm in the United States circuit court of
the southern district. A demurrer was
The herald., 1895-07-23

BILE as it undoubtedly is In this section
of the country that irri CATION facilities be
i'm proved and extended, it is far more
important that the provisions of that
great charter, which is the sheet anchor
Of safety, be in all things observed and
enforced. The views above expressed
render it unnecessary to consider the OBJ
jections urged on the part of the COM
plainants."
1t is probable that case involving the
question in this controversy will be taken
to the supreme court of. the U nited States.
The herald., 1895-07-23
ELECTION NOTICE
School Tax

School Tax
NOTICE is HEREBY GIVEN TO THE
~ qualified electors OF Savannah school
district, county of Los Angeles, state of Call
fornia, that an election will be held on the 9TH
day OF August, AID. 1895, at which will be
submitted the question of voting tax to the
amount of five hundred dollars ($5OO) for the
purpose of employing an additional teacher.
The polls will open at Savannah school
house from l O'Clock p. m. until 5 O'Clock p m
The judges and inspector appointed to con-
duct the election are:
J, c. Harmon. judge.
G. B. Renfro, judge.
+. d. Clinton, inspector.
A. LAsSWELL,
- ROBERT HICKS,
AUGUSTIN ADAMS,
Trustees of Savannah School District, Los An
geles County, California. 10 3tm
The herald., 1895-07-23

Chatsworth Park-Leave from aud arrive at
River Station, San Fernando street, only.
sSundays excepted. Sundays only, Sat
urdays only.
n, B.--The train leaving Arcade depot for
Redlands, Riverside, san Bernardino, etc, at
40 p. IN and the train arriving from those
points at 80 a. m, are fast limited trains and
make no stops between Maud Junction, Los
Angeles, and Pomona, except at Alhambra
and Monte.
The herald., 1895-07-23
st. Paul Policeman Missing

ST. PAUL, July %. --Sergcsnt John
Zirkelbach OF tn Central police station
has disappeared most myateriously. He
was seen Friday afternoon fox the last
time. Since then nothing has been heard
Of blm. His friends and relatives seem
The herald., 1895-07-23
Between East San Pedro and Long Beach 10
minutes

RUBIO CANYON AND ECHO MOUNTAIN.
Trains leave Los Angeles daily at o 10 a.ms
c l 40 p.m., and 80 pm.
Fine pavilion and hotel. Grand scenery.
Telescope and search light.
CATALINA ISLAND
The Terminal railway train at 1:05 PM,
daily except Sunday. makes close connec ito
with steamer Hermosa for Catalina Return
ing arrives at Los Angeles IL 35 am Sa tur-
days three boats leaving Los Angeles 9:O5 a.
m. :05 pm, A :35 pm. Sundays leave Los
Angeles am, returning on arrival of steamer
Daily. Daily except Sundays. Sum
days only. Saturdays only.
stages meet the a. m train at Pasadena for
Mt. Wilson on new trail.
Passengers leaving Los Angeles on the am.
train for Mt. Wilson can return same day.
Special rates to excursions and picnic parties.
Depots east end of First street and Downey
avenue bridges.
City ticket office, Greenewald's cigar store
corner Second and Spring streets.
General Offices First-street depot
I. B. BURNETT, General Manager.
w. WINCUP, Gen. Passenger Agt'
The herald., 1895-07-23

of acres of our lands, and the only
m ethod possible is py some such plan of
community effort as that contained in
the heart OF the Wright act
The herald., 1895-07-23
COnDQQDie GeDeIQ|e ITQDSQ||QDtlQQe.


FRENCH LINE TO HAVRE.
COMPANY'S PIER (NEW) NO. az NORTH
" river, foot OF Morton ST., New York.
Travellers by this line avoid both travel by
English railway and the discomfort of crossing
the channel in a small boat
La Bourgogne, August 3.
La Tour aine, August 10.
La Normandie, August IL.
La Gascogne, August "a.
La Champagne. August 81
La Bourgogne, Septemb ber7.
La Touraine, September IA.
La Gascogne, September 81.
La Champagne September 2s
La Bourgogne, october 5.
La Touraine, october 12.
La Gascogne october 10.
La Champagne. october 26.
La Bourgogne, November 2.
La Touraine, November
New YORK to Alexandria, Egypt, via Paris,
first class S160; second class, $11O.
For freight or passage apply to
A. FORGET, Agent
No. Bowling Green, New York.
). 4. FUGAZI Il CO., agents. 5 Montgomery
ave-, San Francisco. Tickets are for sale by all
railroad and steamship Offices.
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1895-04-04
VICTORY FOR DAlRYMEN.

States Have the Right to Regulate the
Sale OF Oleomargarine. i.
The law of Massachusetts, forbids
the sale of oleomargarine colored to
initiate butter. Benjamin Plumey, q
Boston dealer and agent for the Chi
cago fraudulent butter makers, UNDER
took to sell oleomargarine colored, con-
trary to law, relying on the unconsti-
nationality of the law for protection.
He was arrested and the case came be-
fore the courts, where he was tried and
found guilty. lie appealed to the state
supreme court and then to the United
States supreme court. Justice Harlan
rendered the decision, declaring that
every state had a right to protect it's
people from frauds of all kinds, and
should control the sale of food products
in SO far as to protect them from adult
terations and fraud. The original
package decision does not in any way
prevent one state from forbidding the
sale of fraudulent products from an
ther state. y
The decision is distinct victory for
the dairymen of the United States and
covers about the whole ground of their
contention. It sets at rest the ques-
ton of the powers of the states to reg
ulate the sale of oleomargarine.-
News
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1895-04-04
The Kind OF Cows to Keep.

A few years of grading up by means
of using thoroughbred male will give
any farmer herd of cows which will
be great improvement upon those Of
their mothers and grandmothers. 1t is
we'll to test cows and know just what
they arc doing. The churn is perhaps
the most satisfactory way of doing this.
Keep a cows milk separate for one or
more days, being careful to get out all
the cream. When it is sour, churn it.
The scales will tell, both with milk
and butter, whether COW is kept at a
profit or not. Remember that it costs
at least S35 to keep a cow for year.
If she does not return this in milk and;
butter she is kept at a loss If all such
cows were discovered and slaughtered!
the number of cows at the present
time would be considerably reduced,
and at great benefit to their owners
Hardly one man in twenty knows
whether he is keeping his cows at q
profit or loss They think it is too
much bother to find out. They do not
realize the Importance Of the subject
It means dollars and cents, but they do
not realize it, and go on wondering
where the profit goes. -Colmar's Rural
World s
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1895-04-04
So FDs1a. cure habituA constpa.
E1OOQ > FlllS tion. Price &c. Per boz.
Notice of Mortgage Sale.

Whereas, default has been made in the con-
diti0ns OF certain mortgage made and execu.
ted by William Mclean and Clara Mclean his
a. Investment Company. mortgage. dated
September 1st, 1892. and recorded in the Office
of the Register OF Deeds Of the county Of Mobiles
O'Clock p. IN. in book v of mortgages on page
265, conveying and mortgaging the following
described land aud premises, situated in the
county OF Mobiles and state of Minnesota
Lots six le) and seven "a in block one (1) in
Okabena addition to the village of Worthin-
on s or Of record in the Fl @ the Register
Of Deeds in and for said Mobiles county.
And whereas, by reason OF said default, the
Bec"me operat iaea an %dor'saEs nas
and twelve one hundredths dollars (S+2.2l) for
q On said a and sefG
hereof on said mortgage and the debt secured
thereby and for taxes, the sum of two hundred
ffty-seven and sixty four one hundredths dol
law has been instituted 10 recover said mortg'
age indebtedness or any part thereof,
Now therefore, notice is hereby given. that
and pursuant to the statutes in such case made
and provided, the said mortgage will be fore
closed by sale Of the above described premises
auction, at the front door of the court house IN
the village Of WorthingtOn, county OF Mobiles,
state Of Minnesota, on Saturday: the sixth day
of April. "A. D. 1885. at ten o'clock in the fore
due on said mortgage and the debt secured
thereby, together with the am cunt paid for
and twenty Ave dollars (&25.6O) attorneys fees
as stipulated in said mortgage. f.. :.
Il Dated at Minneapolis, Mimi, February 10th.
"A. d. 1895. .-'
h MINNESOTA SAVINGS & INVESTMENT Com
PANY, Mortgage. t5-@
. FREE B. SNYDER,
a. Attorney for Mortgage.
H. Minneapolis, MINI.
Feb 21-Anl4 3.
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1895-04-04
THE SQUIRTING OF MILK.
Thunderstorms Seem to Have But Little
TO Do with 1t. 49,

Thunderstorms Seem to Have But Little
to DO with 1t.
From data deduced in various expert
ments conducted by Prof. 81. w. Conn.
who has been trying to esta blish some
identity between thunderstorms and
the weu-known phenomenon OF milk
souring, the conclusions drawn point
to the fact that the atmospheric condi-
tions prevailing at such times are not
such as to cause structural TRANSITIONAL
ton in the tactical fluid. Neither ia the
electricity which pervades the atmos-
phere at such times capable of souring
milk, or even materially fastening the
process Some have suggested that
ozone is one of the prime causes Of the
change from sweet to sour milk In q
very short time, but Prof. Conn has
proven that ozone is no more RESPONSE
bic for the change than are the electric
condj tions which prevail at such times.
To bacteria, the microscopic atoms of
vegetable growth which are now SUPP
posed to cause almost every thing, the
professor attributed the souring of the
milk. Milk is favorite breeding
ground of the bacteria. They grow
best and multiply most rapidly during
the warm, sultry period which immedi-
ately precedes electrical storms. These
microscopic forms of plant life not only.
grow and increase in numbers with
alarming rapidity, but each exudes nil
mute drops of acid, which is so sour:
that none of the commercial acids can
be compared with it. This acid sours
the milk.-St. Louis Republic. B
The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1895-04-04
COVER, u ron. I. Pl'lul. y \
u Method Of Protection which e. In 10,
lve aud Yet simple,

y Method Of Protection which e. nses.
ive and Tet simple.
At the north, pumps il cold bleak
situations are liable to freeze M, oaus-
Ing : vast amount Of trouble. IN the
accompanying sketch Is shown q
simple method Of protecting one of the
common piston pumps. An outer
jacket Of wood envelopes the pump II
should be large enough to allow a
three-inch space all around the sides.
This space should be filed with chaff,
finely-cut hay or straw, pressed firmly
in position. Additional protection is
given by the piece of board, Is which
has hole in it that fits closely over
the pump handle, and during the cold
est weather, when the pump Is mot in
use, this board is placed as shown in
the illustration, pressed against the
side of the pump, and hung upon q
nail at b. If in windy location. the