davidaulloa/AmericanStories huggingface dataset:
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28

1.-The fact that plaintiff in an act
tends to levy the execution upon proper
W which the corporation undertook to
convey to other parties before it's insol-
venoy. does not show any right in the de-
levy. ''''
lo.-If such plaintiff is thus serving to
get more than his proportional share OF
une lnsolvent estate, it is for the assignee
or other creditors to interpose to defeat
such purpose.
Exceptions sustained. Plaintiffs de-
murrer sustained. Defendants equitable
plea adjudged insufficient. Final judg-
ment for plaintiff.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28
HARTWELL DECLARED ELECTED.
Oldtown City Council So Decides, But Mat
ter May Yet Go to Court.

Oldtown, March 27.-The disputed city
election is still causing no end of excite
ment
Wednesday evening, G. I. Sewall ESQ.
for Mr.. Hartwell, argued that the re-
count should be given to the court in
equity and that only should have the de-
Gliding as to recount The city charter
was quoted to justify the statement, and
this is where the great division comes,
the Democrats claiming that the only
right the CITY government had at their
adjourned meeting was to canvass the
election returns.
An adjournment was made to Thurs
day evening. On Thursday evening City
Attorney J. B. Gould said he requested
an adjournment on Wednesday because
Senator E. B. Weeks, the Republican
candidate for mayor was not present.
Mr.. Weeks still being detained, he did
not feel like asking for another adjourn
ment.
Alderman G. G. Weld then proposed
that they canvass the election returns.
This was done. AS the returns showed Mr..
Hartwell with one majority, he was de-
clared elected.
1t is prophesied that the matter is not
YET settled and that it, may yet DO brought
before a court in equity.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28

The following decision Is important,
as it settles matters of practice under
the law of equity act of 1898, abou,
which there has been difference of opin.
ion among members of the bar:
Lincoln, So.
Sarah h. Miller VS.. Waldoboro Pack
ing Company.
Resoript, Emery, J.
Under the law and equity act Of
1898, Oh. 217, the defendant in an action
at law, may require the court to consider
and determine in the same action, a claim
for equitable relief against the further
prosecution OF the action, or against the
levy OF the execution upon particular pro
perty.
2.-To obtain the consideration and ad
judication of suoh claim for equitable re.
lief. 1T is not necessary to change the
form of the action from law to equity. :
3.-Suoh claim Tor equitable relief can
be presented in the form of "a brief state
ment" filed with the general issue in the
action at law.
At is not necessary chat suoh state
ment OF claim for reputable relief, SHOULD
be signed by the party in person, or veri
fed by affidavit.
5.-Such statement so filed can be mel
by traverse, plea or demurrer, or by 6
counter brief statement showing equities
against the defendants claim.
6.-Suoh a statement Of claim fol
equitable relief, should contain all the
acts relied upon as groundslfo1 such re-
lief including those facts showing the
absence of any remedy at law as re-
quired i'll a bill in equity for the same
purpose. If all these facts are insufficient
for equitable relief. and are inconsistent
with the law plea filed, final Judgment
should be at once awarded to the plain.
tiff.
7.-But the fling Of an equitable plea
Or statement of claim for equitable re.
lief does not necessarily bar defense
under the pleas law. The matter of the
plea Ior statement rather than it's form
is to be regarded. If the circumstances
alleged in the equitable plea constitute q
defence at law, and the pleader has only
mistaken the mode of presenting them,
the plea or statement may be reformed OF
treated as plea at law.
8.-Inasmuch as an insolyent corpo
ration cannot receive discharge in in.
solvenoy, the fact that defendant cor
poration in an action at law has beer
duly declared an insolvent debtor, and its
property is being administered in the
Court of Insolvency, shows no cause fol
restraining the prosecution of the action
at law to immediate final judgment
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28
General Prophetio Convention.

A General Prophetic Convention, fol
prophetic study and exposition, for al
Bible Students without regard to demon
| national preferences, will be held il
Portland next week, Tuesday-Friday, a
friends Church, Oak ST., Tuesday ant
Wednesday and at Pine ST., NJ E.
| Church Thursday and Friday (instead O.
Free ST., Baptist Church, as heretofore
advertised). The "Call" for this Con
vention is signed by the following per
SONS, Rev. Thos. S. Samson, pa stol
Free St. Baptist church, Rev. Sapl' b
Pearson, pastor Gospel Mission, Rev
Henry F. Dexter. assistant pastor Cos
pei Mission, Rev. E. P. Woodward, pas
tor Second Advent church, Rev. E. p
Allen, late pastor Vaughan ST. M etho
dist church, Portland; Rev. A. T.
Dunn, D. D.. Cor. Sec. Maine Baptis
Missionary Convention, Waterville; Dea
Warren Sparrow, Deering; Rev. ]. H.
Parshley, pastor First Baptist church
and Rev. A. W. Taylor, Rockland
Rev. W. A. Newoombe. pastor Baptis
church, Thomaston; Rev. Chas. A,
Towne, pastor Court St. Baptist church
and Rev. O. S. French, Manager Scrip
tural Pub. Society Auburn; Rev. G. M
Howe, pastor Park st. Cong'l church
and Rev. f. 7. Adams, pastor Parl
and Hammond streets M. E. churches
Lewiston; Rev. Vim. G. Manu-, pastor
Warren Cong'l church, Rev. M. 6. Mel
GtOr Rpraa A ~ ob,
W. Wentworth, principal Bridge ST
Grammar School, Westbrook; Rev. ii
II. Tucker, pastor A. G. church, Bridg
ton; Rev. Joshua NJ. Frost. pastor
First NJ. E. church, Rev. A. E. Kings
ley, pastor First Baptist church, Rev
Geo. B. Ilsley, pastor Second Bapt is
church, Rev. 6. M. Little, pastor A
G. church, Bangor; Rev. +. L. Piper
Gen1 Sec. A. A. Mission Society, Bos
ton. Mass. Rev. D. L. Call, pastor A
G. church, Biddeford; Rev. Thos. H
Stacy, pastor Free Baptist church, ant
Rev. S. Fl. Emery, pastor Main stree
Baptist church, Saco.
The sessions will be at 900 a. m
and 200 p. m. for Bible Study in Pro
phetic lines, with an address at z. 80 eacl
evening. Half an hour will be set apar
for Devotional Services at the beginning
of each session, day and evening. Pro
gramme of subjects and speakers will
! appear in the papers Monday. The p1b
lie are invited.
Half fares on the Maine Central, Crane
Trunk, Portland and Rochester ano
Rumford balls railroads during the con
vention, and reduced fares from tn,
principal station on the Boston ant
Maine railroad.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28
HE PAYS THE FREIGHT.
How William Duncan Ross Is Seeing
the Country.

A Sturdy Scottish Blacksmith Who Is
to Another-Not Tramp, but an In
vestigator-A Bright Man Who Is See-
ing the World in a Very Independent
Way.
A few days ago man passed through
this city on his way to the West, who
can safely be pronounced to be q very
interesting character.
Thirty five years ago William Duncan
Ross was born in Scotland, and twenty
years ago he came to this country. For
some reason there was bit of the Bohe-
milan in his make up, and he felta strong
desire to see the world. That desire led
him after he had quite learned his trade,
that Of blacksmith, to start on what he
| calls his wanderiEgs.
His plan is to work at his trade here
and there, earn money, save every pos
sible cent, and then travel again. At
one time he worked for several months in
Chicago, and at last found himself the
possessor of one hundred and fifty dol
lars. Then he knocked off work, and
started for Washington. That trip cleaned
out his money, and he was forced to go
to work again. He is an expert horse
sheer, and got work without Difficulty,
but $50 seemed big sum to him, and
when he had it in his pocket he said
WHAT'S the use of my working, 1 want
to see the world" and see the world, as
represented by New York city, he did to
exactly the extent of his pile, and then
went to work once more
He has seen almost the entire country,
and large portion of Canada. He
| worked for time in Philadelphia, his
last stopping place before coming here,
and then took the most direct route for
Portland. Once here he looked about,
and then bought Grand Trunk ticket
for Chicago.
| Before leaving Philadelphia he wrote
| to his former "boss'' in Chicago, asking
if he had an opening for him, and the
| reply was: "Come on at once" He will
get work at the stock yards, and pro-
poses to say there until he has at least
two hundred dollars saved up. He never
drinks, and as he lives oheaply while at
work, and makes high pay as a rule, it
won't take him long,to get what he calls
"A stake in the country" to that extent.
Citizen what do you propose to do?"
was asked, and he replied:
"I'm tired of wandering about, and
after get that stake ahead I'll go to
| Colorado and the mines, and if I can It
make fortune then no one can. I'll
work at my trade until I get enough
ahead to buy mine claim, and then In
time I'll strike it rich. If I live you'll
yet hear William Duncan Ross talked of
as one of the mining kings"
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28
THE MUNICIPAL COURT.
BEFORE JUDGE ROBINSON.

BEFORE JUDGE ROBINSON.
Friday-James A. Hollywood Fast
driving; fined $40 and costs.
James A. Hollywood, Thomas Murphy
!ntoxication; thirty days in the county
Jail.
Jennie Jimino. Intoxication; SIS and
costs.
James f. Herbert. Intoxication; thirty
days in the county, jail.
Charles Murihead. Intoxioation; fined
S. and costs.
Frank Hutchinson. Search and seizure
March 26, plea in abatement filed and
continued to March 81. March 81, replica
tion to plea filed and issue thereon
joined. Trial decision that the respondent
Is known as we'll by the name Of Frank
Hutchinson as by the pane of franklin
l.. Hunnewell, IT., appealed.
Giuseppe Lazarotto. Assault; mol pros.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28
Lifted a Couple of Hats.

Boston, March ga well dressed
young woman of good appearance was
arrested this forenoon charged with shop
lifting in the stores of jordan, Marsh &
Co.. and Butler & Co. At the police
headquarters she gave her name Ida
Burnett. 20 years old. and she claimed to
live in Lowell. Her relatives are under
stood to be we'll to do people Of that city.
she Is alleged to have taken two hats
from the counters Of the above named
stores, one valued at 81, and the other at
$40
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28
DR.. DAVID KENNEDYS
EAY0RIIE REMEDY

to many people, Tor 1T saved my life"
In speaking to Mrs. Adams, she said
"About year ago l was in a very feeble
state of health, being completely run
down. had doctored considerably, but
without permanent relief. One day one
of my neighbors advised me to take DR..
David Kennedy's Favorlte Remedy,
which did. My trouble was dyspepsia,
and for long while was unable to be
about at all; but after taking few doses
was completely cured, and now enjoy
good health"
Hundreds of men and women with
that run down. condition, unable to
work, have recovered health and strength
through this remarkable remedy. 1t
purifies the blood, stirs the liver and
kidneys to a healthy action. In cases Of
rhematism, kidney, liver and urinary
troubles, it is a well-known specific.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28
Real Estate Transfers.

The following transfers Of real estate
IN this county have been recorded in
the Registry OF Deeds:
Brunswlck-Mary e. Smith to Frank
E. Gould.
Deering-Eben 7. Harmon to Samuel
o. Cobb.
Raymond-AnnieW W. Leach to Carlos
E. Leach ct ais.
Deering- E. Smith to Charles
r. Windell, $3.50.
Scarboro W. Wolfe to..Theodore
H. Lombard.
Portland-Henry Batchelder to Della
Batchelder.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28
No More Than He Deserved.

Bertrand. Neb., March s7.-H. H
Wiley, justice of the peace and a promi
nent citizen, was publicly whipped BY a
mob OF enraged women on the streets
OF the CITY yesterday. He was accused of
making an indecent proposal to a young
girl and ordered to leave town. He was
to do so
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28

Lewiston, March 27.-The Lewiston
and Auburn joint committee on perma-
nept bridges Thursday evening decided to
advertise for proposals for steel bridge
at the Cedar Broad street site. The bids
will be for the construction and erection
OF thorough steel bridge of seven spans
OF about 10s feet per span; also the work
of raising six of the present piers to the
grade of the proposed bridge.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28
High Gales at Portsmouth

Portsmouth. N. H. March ga high
northwest wind prevails here today from
an carly hour in the morning. Tons of
ohimneys were blown off and other dam
age done. On the river it was parti Gu
larly severe and smaller steam boats.
used for forty purposes, abandoned their
tri1
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28
Freight Train Derai1ed.

Bucksport, March 27.-As the down
freight was entering the yard Thursday
forenoon car left the track, derailing
the car behind and finally went over the
embankment No one was injured, but
the car was damaged.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28
L. o. r.. M.

Mas conomo Tribe, Improved Order of
Red Men, of Knightville, have so many
pale faces to initiate into the mysteries
of the Order that special meeting will
be held tonight. About "a pale faces
will be initiated.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28
Witch Doctor Investigated the Murder.

London, March 27-Sir Hercules Robin
son, governor of the Cape Colony, has
telegraphed from Cape Town to Mr..
Joseph Chamberlain, secretary of state
for the colonies, that in the revolt of the
Matabeles in thu Inseza and Filabustri
districts, seven whites were killed with
knives and four were wounded. Colonel
Napier, with $50 men is proceeding to
Zingen to arrest witch doctor, who was
the instigator of the reYoIr.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28
Lecture on Corporations.

This afternoon in the Advent church at
8 O'Clock, Hon. Charles F. Libby will
deliver the fifth lecture in the course on
business topics, which has been arranged
oy the Woman's Council. The subject
Will be Corporations. - The lecture is
open to the public.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28
Judge Says They Must Agree,

Now York, March 97.-The jury in the
trial of Police Captain William S.
Devery, on trial for extortion sent in
word this morning to Justice Slnythe
mat they could not agree and asked to be
discharged. Justice Smythe sent back
Word that they must agree and that he
would keep them there until they did.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28
Probate Judge missing

Dexter, Mo-, March 27-R T. Thomp-
son. probate judge Of Stoddard county, is
missing, and it is feared that he has been
murdered and robbed in Cairo, Ill, as
he went there Friday of last week to get
check Dashed for $1,000.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28
NOTICE
To Building Contractors.

Sealed proposals will be received by the
noon of April 6,1896 for the erection of a brick
building situated on Main ST., Biddetord. Me-,
As per plans and specifications prepared by the
the oee az afssocatlon which may n De seen at
Blddetord. Me. and E. Fl. Fassett, 50 Exchange
81. Portland. Me. Proposals should be ad-
dressed 10 the undersigned and indorsed., Pro-
posais LOT Masonic building. Each bidder mus
De prepared to furnish a satisfactory bond of
not less IMAM 70 per cent of the contract price.
Inc right is reserved to reject any and all bid.
MELVILLE WOODMAN, Secretary,
Blodeford, Me-, March Is, 1896. mar18d2w
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28
MISCELLANEOUS.
Must Use The Knife
Said the Surgeon, but DR.. David Ken
nedy's FavOrite Remedy was taken
and the Knife Avoided.


The Union and Advertiser of Roches-
ter, N. Y, recently published the follow
ing interesting account of how William
w. Adams of 127 South avenue, that city
was saved from a painful operation by
the use of DR.. David Kennedy's Favorite
Remedy.
Mr. Adams said: "Three years ago l
was taken with kidney disease very bad
ly; at times l was completely Frustrated !;
in fact, was so bad that the day was Sc
for the doctors to perform an operation
upon me. But decided 1 would not
submit. had been put in hot water
baths, and, in fact, nearly every meant
was tried to help me. Upon the day set
for the operation | commenced the use
of DR.. David Kennedy's Favorite Rene
dy, and from that moment began to
gain, and it was not long before [ was
entirely cured and have had no return of
the trouble since. My weight has in
creased and 1 never was so well as / am
now. [ have recommended
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28

one OF the improvements of the coming
carriage. They make very light draft,
and do away with anxiety regarding hot
boxes''
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28
STYLISH TURNOUTS

in our large cities. Common phaetons
and Goddards, have given place to Stan
hopes, and Stanhope buggies. They are
now made in a variety Of patterns and
are certainly most sensible vehicles.
Traps still hold their place among the
popular novelties, they are being neatly
improved and made more convenient.
Open business wagons with their COM
Portable backs and cushions are now be-
ing made in variety of styles, in fact
people are demanding and getting a great
deal more comfort in carriages than they
did ten years ago. The soft comfortab BILE
spring backs, Pullman car seat cushions
with wire edge make carriage seat as
luxurious as a Turkish chair, while
scroll end springs, rubber heads and
long. soft. oil tempered springs give to
riding a pleasure that will never be
found on bicycle or trolly car.
Rubber tires are being extensively
used for vehicles. They can be put on
old or new carriages, giving comfort to
the occupant. They ride nicely over the
stone pavements, and cross railroad
tracks very smoothly. We are using the
pneumatic tires on some speeding wag-
ons.
ave have quite few orders for ball
bearing axles, the utility of which has
not been so fully demonstrated as the
rubber tire, but they are without doubt
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28

Inc indiana was safely locked at Z 80
o CLOCK yesterday morning at Port Royal.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28
''THE EFFECT

that bicycles and electric cars are going
to have on carriages is a serious ques-
tion. Upon my recent trip to Boston,
Springfield, Newark, Philadelphia and
New York, took special pains to see
what the feeling Of the carriage dealers
was, in this respect, and they seemed to
be complaining that their trade was Sc
riously affected, especially the light driv-
ing and livery trade; business and family
trade was not much affected. A great
many express the opinion that the BIZ
cycle trouble will soon be over, that
people will get tired Of propelling bicy-
oles for pleasure.
In regard to the styles for the presen
year, they change as they do in every
thing else. A great many families find
it convenient, comfortable and necessary
to keep their coupes; that style of car
riage is increasing on our streets. Open
carriages are meeting favor, and are sty-
lish 'Turnouts. They are certainly very
enjoyable vehicles and give the ladies a
fine opportunity to display novelties in
parasols. Depot wagons seem to be COM
ing into favor, especially for summer res
idenues. They are very handy, roo,ny
vehicles, and the back let's down, max
ing them very convenient for small
trunks and picnic hampers. Spider
phaetons while not much used here, are
the most
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28

@. MI. MARCH,
pa Federal St., I'd Door from Temple ST
9- Open Wednes days ann Saturday evenings
MARIO cod
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28

>>s'Aoh u OyCIers NaAses QulCo u
Serious Question for the Manufacturers
OF Carriages-The Kind of Carriage
That Will Be I'm 1t" az to STYLE This
Summer-Rubbsr Tires and Ball Bear
ings for Carriages.
This age truly witnesses the triumph
of the Bicycle
Anyone who walks up the streets of
Portland and looks into the various
stores sees in many of them, CO.
cupying the place of vantage in the most
prominent windows, the latest produo-
tions of the manufacturers of "the silent
steed," and they are now legion, where
but a few years ago they could be COUNT
ed on ones hand. The salesplaces are not
confined to dealers who would naturally
be regarded as dealers in sporting or rec
reation goods; in fact the bicycle has al
most come to be regarded AS an article
OF necessity. and now, sporting dealers,
carriage men. hardware dealers, dry goods
houses, fancy goods houses, jew elers,
engrayers, urniture dealers and apothe-
the various makes of the
POPULAR CRAZE
of the hour.
The natural query that comes into ones
mind where does the money all come
from that is invested in bicycles and
then considering the immense amount of
money that is SO invested that it must
affect some other trade pretty seriously,
and the trade naturally first thought of
is the manufacture of vehicles on wheels
which are designed to be drawn by
horses, not propelled by men.
With view of obtaining some infor-
nation in regard to this point and what
is promised in the line of new styles in
carriages the coming season, a PRESS
man yesterday had pleasant chat with
we'll known carriage manufacturer.
THE GENTLEMAN SAID:
1T is quite early yet to fairly tell what
the result of the carriage business is 60
ing to be in Portland the present year.
We can simply judge from inquiries and
ON>sSASs W. AHfO CIV q SooA iiody LULU
orders than we had year ago, for spec
ial jobs, and are having a great many
m ore inquiries for carriages than we had
year ago. Then again, the past winter
has been very disastrous one for car
riages, probably winter like this uses
up carriages faster than two ordinary
summers would. We notice this especial
ly in our repair shop. We are very busy
there and find great deal more to do to
second hand carriages than usual. The
winter has been hard one for carriage
dealers in Maine; there has been very
little snow, and what there was came
very late. SO most of the dealers are car
rying over great many sleighs, which
makes them feel blue and discouraged,
and they are very backward about giving
orders.
TrnHrT
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28
HUMBER :: CYCLES
(ROyaE-Purple Rims.)

The worl d-famous HUMBER is backed nv %
ears experience in Cycle building. by the
lde st and largest houses III the trade
Do not be deceived by statements that
American Fl UMBERS are an imitation. These
are genuine II UMBER Cycles. exactly The same
and made by the same company as thos9 buiJt
in the old HUMBER factory at Beeston. Emo.
NUMBERS are only NUMBERS as HUMBER
Companies built them, They hold more
Worlds Records than all other makes com
bined.
Ii Send address for RUMRER Weekly
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28
Decision from the Law Court.

The following decision Is important,
as it settles matters of practice under
the law of equity act of 1898, about
which there has been difference of opin-
ion among members of the bar:
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-03-28
WHEELS! WHEELS!
The Carriages That will Be Popular
This Season.
HOW THE TRIUMPH OF THE BI.
CYCLE AFFECTS THEN.

Inc Question of Cyclers Raises Quite q
Serious Question for the Manufacturers
OF Carriages-The Kind of Carriage
That Will Be I'm 1t" as to Style This
Summer-Rubber Tires and Ball Bear
ings for Carriages.