davidaulloa/AmericanStories huggingface dataset:
The Providence news. (Providence [R.I.]) 1891-1906, 1896-10-10

Georgia. .Cayvan, after an absence OF
two years, appeared in Palmer's Theater,
New York, this week in a play especially
written for her, entitled .'Msys Penning-
ton, Spinster." Ii treats of the new wo-
man as a commercial factor and concludes
with her falling in love and marrying
in the old-fsshioned way. 1t il not
strong play, but IL fits Miss Cayvan's
temperament, and is q vehicle OF fair av-
erage to display this charming woman's
personality.
IL. l.. Reid, ct one time a sign painter
in this city, but who subsequently de-
veloped into one OF the best scenic artists
in the country, has completed a drop
curtain OF handsome design for the
new Murray Hill Theater In New York,
which will be opened to the public Octo-
Der 10. The new theater is located on
Lexington avenue, between Forty-drst
and Forty-second streets, and is ono OF
the handsomest in the metropolis.
DE Koven and Smiths new opera, en-
titled The Mandarin, ~ had it's premier
at Cleveland, o., last Monday evening,
and II is said TO be very amusing. There
is no romantic element Whatever in it,
and 1t is frankly and undisguisedly a
comedy set TO music.
Signor Arturo Mutini, who has been
called "the Hind Psderewski" 10 coming
TO America.
Henry Guy Carltcn's successful comedy,
entitled "Two Men OF Business" new
this season, will bu presented at the Prov
idenee Opera Boase for three evenings
and matinee, October 20, "a ana 2s, by
those sterling players, the Holland
Brothers, who made such success here
last season In "a Social Highwsymsn. -
-.
Colonel J. Henry Mnpleson, the vetera n
improssario, who claims ss his record I3
years OF operatic management. tie pro-
duciion OF $500 operas. ana the direction
Of 300 concerts, a. wen as th5 creation
OF - successful American prina donnns
and the in.io iuc'iOn TO thiB country of
100 successful foreign singers. has re-
turned TO New York. after an absence OF
three years. The Colonel'thast season OF
opsrs In New York d.tes further Jsek
The Providence news. (Providence [R.I.]) 1891-1906, 1896-10-10

Native performers VINO are on the high.
way TO success in America would better
let we'll enough alone. England Is de-
lightful land to visit, but its artistic
methods are not always to be chosen in
preference to our own.
The Providence news. (Providence [R.I.]) 1891-1906, 1896-10-10

Following Miss Eva Taylcr's engage
ment at Loth.op's opera house, N. l..
Wood will be seen in his play "Out in the
Strectsv
The Providence news. (Providence [R.I.]) 1891-1906, 1896-10-10

NEW YORK, NEW HAVEN AND
HARTFORD RAILROAD.
OLD COLONY SYSTEM.

Time tables giving full information
rs TO local and through train service
may be obtained at Providence sta
ti0n and stations below
The Providence news. (Providence [R.I.]) 1891-1906, 1896-10-10

X. A. Barnet's latest burlesque "Sim-
production next February in Boston.
Il. S. Willard has been visiting Hall
Caine, who is writing play which the
former hopes to produce during his forth
coming American tour.
William Gillette wrote famously good
war drama in "Held by the Enemy, "and
he has done il again In ''Secret Service. 4"
The Providence news. (Providence [R.I.]) 1891-1906, 1896-10-10

Signor Arturo Mutini, who has been
called "the blind Psderewski' 10 coming
10 America.
The herald., 1896-10-08
ORPHANS FAIR.
A Large Attendance Present Last Night.
An Art Exhibit.


Merry are the times that are being en-
joyed at the Catholic fair being held at
Turnverein hall. The ladies have been
most energetic in providing pleasures
Of variety for those who have so gener-
ously patronized them since the opening
night. The dining room under the su-
pervision of Mrs. J. w. Wolfskill, assist
ed by Mrs. Kays Mrs. LIE Sage Mrs.
Gonden, the Misses Banning, the Misses
Wolfskill, Alexander, Lyon and Roth,
has done rushing business. A hot lunch
is served from, II to 2, and the viands
provided are most tempting and gener-
GUS in quantity.
The razzle-dazzle booth has been a
source Of much amusement to the grown
ups as well as the children. Mrs Casey
and the Misses Casey are at the head CT
this department and have made a neat
little sum that will materially benefit
the orphans. In close proximity to this
booth is the fishpond, where Mrs. Bell
Mrs. Carroll and the Misses Bell are in
attendance and marvellous things of
beauty are drawn out by all who risk
the chance of bite. The feature Of last
nights entertainment was the exhibit
Of the painting Of St. Godelieve de CHS
lete by Lagyle of Brussels. This is the
first time it has been exhibited in this
city and the announcement that 1t would
be shown last night brought out many
lovers Of art. The excellent music of the
Mexican band was another attraction
that wac fully appreciated. Therehave
been a number of donations during the
week and many pretty articles added to
the booths.
The ladies serve fine lunch every
day, which is literally patronized, and
business men are. invited to call.
The herald., 1896-10-08
A JUSTICES POWERS.
The Jurisdiction of the Justices Court
Defined.

In the case Of E. c. Bast vs.. E. L. Ward,
on appeal from the township court, Judge
Shaw yesterday handed down an opinion
wherein the jurisdiction of the Justices
court is defined.
The suit was originally instituted to
recover $299, salary and commission,
said to be due to plaintiff, who had been
salesman in the employ of the defen-
dant.
1.-The constitution" says Judge Shaw.
'gives the superior court jurisdiction of
all cases in equity, and further provides
that, except as therein specified, the
not trench upon that of the superior
court. The only jurisdiction of cases
of equity given to justices of the peace
by the constitution is in cases to fore
close liens on personal property, when
neither the amount of the liens nor the
value of the property amounts to $500
Cart. vi, and I'D. From this, it Is clear
that If this case is one of equitable cog
nizance, the Justices court did not have
jurisdiction in the first instance, and,
therefore, this court could not have ju-
risdiction on appeal. The complaint does
not make it clear whether the suit Is for
a balance due upon the settlement of
an account between co-owners of the
profits of business or for settlement
of said account. If it wer- the former
the court has jurisdictions if the latter,
it has not. The evidence, however makes
1t clear that it is the latter. There is no
question but that there never has been
a settlement or accounting between the
parties. The action is to recover 10 per
cent of the profits alleged to have ac-
crued in the business conducted by the
defendant Although the parties were
not, technically, partners in the busi-
ness, yet the contract makes them part
ners in the profits which were to consti-
tute the measure Of the wages of the
plaintiff. AS the business is now closed,
there is no way to determine what the
plaintiff is entitled to, except by taking
an account of the profits in precisely
the same manner as If 1t was an account
ing between partners. This would be,
in all respects, a suit in equity, and,
| therefore, a case which should have
been originally begun in this court.
There is, therefore. no jurisdiction and a
| failure of proof. Findings will be drawn
| for the defendant showing that there
| has never been any accounting, with
conclusions of law to the effect that this
! court has no jurisdiction, and the judg-
ment goes for the defendant on that
/ account"
The herald., 1896-10-08
MARRIAGE LICENSES.

The following licenses were issued
yesterday from the county clerks office:
John Meyers. a native Of Pennsylva-
mia, aged 45 years. and resident of Dali
las, Texas, and Katherine w. Doss, also
a native Of Texas aged 81 years. and q
resident Of Los Angeles.
Charles M. Flyer, q native Of New
York, aged SO years, and Elizabeth
Foreman, a native Of Missouri, aged "a
years, both residents Of Los Angeles.
Thomas M. Polhamus, q native Of Ar
izope, aged q years. and resilient Of
Santa Monica, and Cora B. Merritt. q
native of California, aged % years, and
a resident Of Los Angeles. w..
John Tyler, q native of Germany, aged
26 years, and Mary Piescuti. a native of
Switzerland, aged rs years, both resi-
dents of Los Angeles.
John A. Casselman, q native Of Can
ada, aged 10 years and Nina M. Giescke,
a native Of California, aged q years,
both residents Of Los Angeles,
Ed Tarbell, q native Of New York,
aged 81 years, and q resident Of Santa
Ana, and Nellie Clark, a native OF Tex
as. aged 18 years. and q resident Of
Tombstone, Arizona.
Harold De Loss Schoheld, q native Of
Iowa, aged % years, and Elizabeth Es-
tella Vanice, a native Of Missouri, aged
20 years, both residents Of Los Angeles.
David L. Allen, native Of Massachu-
setts, aged 36 years, and Lulu H. Deeter,
q native Of Indiana, aged "a years, both
residents of Los Angeles.
The herald., 1896-10-08
JUMPED THE BUSINESS.
How to Make an Enterprise Pay When
the Profits Are Nil.

The plaintiff and defendant. in the
suit Of Swartz vs. Beau de Lart, were in.
business together as partners. The
plaintiff sold out his interest in the con-
Germ to the defendant for the sum of
$685. OF this sum SIS was paid in cash,
and by the terms of the agreement of
sale, the balance was "to be paid out of
the business. to be conducted by Fred
w. Beau de Lart, his agents, assignees
or legal representatives" 1t was furth-
er agreed that the defendant was to make
sworn statement each month of the
business, to deduct 500 from the gross
profits, and pay the balance of the gross
profits to the plaintiff in discharge Of the
debt thus created. until the full sum q
$3.50 was paid, and that II the defendant
sold the business or took another part
ner, the whole sum was to be paid in
full. The sale took place on the I'd day
Of March, 1888. The defendant continued
the business until October OF that year.
and rendered his accounts each month.
- agreed on. but failed to make any
The herald., 1896-10-08
COURT NOTVs

Louisa Wells yesterday filed her suit
for divorce against Sam Wells. ON the
ground Of cruelty.
Nathaniel Hammond, native Of Eng
land. was yesterday admitted to citizen
ship by Judge Shaw.
Fred Hookstratten yesterday filed his
petition In insolvency, with liabilities
set at $S67.75; assets nil.
The charge Of grand larceny standing
against G. w. Dennis. who was charged
with having stolen s22 from A. M. Grant,
was yesterday ordered dismissed by
Judge York, on motion of the district
attorney.
Judge Smith yesterday ordered the
information filed against ]. A. Moreno
set aside, on the ground that the de-
fendant having been charged as John
Doe, with five distinct offenses, It was
invalid. Moreno was held, however, for
further examination.
Complaint was drawn yesterday by
Deputy District Attorney Willis, at the
instance Of M. c. Rubio, of Vernon. Ru-
bio charges Pedro Montana with disturb
Ing his peace and applying opprobrious
epithets to him. It appears that he
married Montano's divorced wife and
is supporting little girl. the fruit Of his
wife's former marriage.
The herald., 1896-10-08
Los THURSDAY 16oR1INa. 9,

profits, and thereupon. without consult
Ing the plaintiff. he abandoned the en-
terprise and ceased to conduct the 6Qsi-
ness. The plaintiff has sued for the en-
tire sum unpaid OF the price agreed
upon.
In giving his opinion upon the matter,
Judge Shaw has said: II 10 clear,
think. from the terms of the agreement,
that there was at least IN implied con-
tract on the the part Of the defendant
to continue the business until the profits
should have been realized sufflcient to
pay the purchase price. This contract
put upon the defendant the burden of
making 1t sure that there were enough
profits to do SO, and II there should be
any defaIlt in that respect the loss
upon the plaintiff. The plaintiff had no
control over the manner Of conducting
the business. and II there appeared any
danger of loss, or of failure Of profits,
the plaintiff was powerless to avoid 1t.
The defendants contract must be taken
profits, at least to the extent Of the pur-
chase price. The time Of payment was
for his benefit postponed until such
profits should accrue, and II he had con-
tinued to conduct the business in good
faith and with reasonable diligence and
prudence, no part of the debt would have
become due until there were some profits
in excess of 500 per month. But by aban-
doning the business he put It forever out
Of his power to pay the debt in the man.
ner specified in the contract, and in view
Of his implied contract to carry on the
business, he cannot be heard to say that
he discontinued 1t because 1t did not
prove profitable. His agreement to pay
the price for the plaintiffs interest was
absolute and not dependent on the real
ization of profits, and by his own-act
he has removed the condition which op-
Grated to postpone the time Of payment,
and the debt thereby becomes due at
once.
II think, from the evidence, the conclu-
sion is reasonable that the note set forth
as the first cause Of action was included
in the sum agreed to be paid as the price
of the interest sold by the agreement
above mentioned, which is set forth as
the foundation Of the second cause ofac-
ton. A recovery on the second cause Of
action is, therefore, all that the plaintiff
can justly claim. Judgment will be en-
tered for the plaintiff for $3.50, with in
terest at per cent from November l.
1893"
The herald., 1896-10-08
SIXTH STREET IMPROVEMENT.
To Come Up Again on a Motion for a
Nonsuit.

The suit Of s. c. Hubbell and others
against the City Of Los Angeles came up
for adjudication before Judge Van Dyke
yesterday.
Suit was brought to prevent the COL
lection of assessments from property
holders for the opening and widening
of Sixth street between Fremont ave-
nue. and the west line Of the Galpin
tract. 1t was contended yesterday by
counsel for the plaintiff that the dis
trict over which the assessments have
been levied is illegal in limit, and in
cludes territory in no way liable for the
mcditated improvement. Then. too. the
place known as Henderson street Is
claimed as private property on the one
side, and by the city IL claimed as q
street on the other. 1t is also claimed
that certain railroad property has been
improperly assessed, and very many
lots in consequence of some being IN
the grade and others not, have be en-
improperly assessed.
When court adjourned yesterday the
case was hanging on q motion on a non
suit. and the matter went over until this
morning to permit counsel to produce
authorities.
The herald., 1896-10-08
THE CoLLUM TRIAL
In the Last Stage OF Counsels Argu-
ments.

The trial Of G. w. Collum, charged
with having forged check for $35 and
attempted to pass 1t, was resumed in de-
partment one yesterday.
The only witness who testified to any,
thing particularly new was man named
Orr. who ran q clubroom in this city for
some months. He was called to rebuff
the fact that Collum ever secured the
check from q man named White.
The witness related conversation be-
tween Collum, his wife and a woman
named Kitty Fuller, at which he was
present. 1t was after Collum had been
arrested. and the women were trying to
get him to choose between them. Pre-
vious to that time, the defendant had
been living with the Fuller woman. The
witness heard her say she could send
Collum lover the road" II she was called
to testify at the trial. She also said, If
he decided to go with his wife, it would
be all right, but she would not let him
go with any other woman. Mrs Collum
said she did not want him, but for the
sake Of their child she would live with
him. Collum. with the air Of a grand
seigneur. said he would not decide which
woman he would 60 with until after his
trial.
After argument, the case was submit
ted to the jury. who retired, and at 1880
o'clock returned with q verdict Of guilty.
The herald., 1896-10-08
ASTHMA CAN BIB CURED
A Leading Physician at Last Dis.
covers the Remedy
A Public Test VIII b Made Today 1t Sales
Drug Store

In the wonderful progress made by
medical science Of the world successful
treatment for most diseases has been
discovered, and those which were at one
time considered incurable are now cas-
lily conquered. Among the mosA dif1cult
and obstinate of diseases, which has
baffled the skill Of our most noted ply
sicians up to the present time, Asthma
ranks first. Thousands Of sufferers
know by their personal experience that
no absolute cure for this disease was
discovered until Dr. Rudolph Schiffmann,
the renowned physician, who has made
the treatment of Asthma and kindred
complaints the study of a lifetime, dur
ing which time he has treated and cured
more cases of Asthma than any living
doctor, perfected a remedy which not
only produces instant relief in the most
severe cases Of Asthma, Hay Fever and
Bronchitis, but has positively cured
thousands Of sufferers who were consid-
cred incurable. Recognizing the skep-
ticism of the public in this age of count
less fraudulent nostrums, DR.. Schiff-
obviate any suspicion Of imposition, re-
quests this paper to announce that from
8 am. today until pm. tomorrow he
offers q liberal sample box OF Schiff-
mann's Asthma Cure to all persons ap-
plying at Sale & Sons drug store, 220
South Spring street absolutely free of
charge. knowing that q personal test
will be most convincing and will vindi-
cate his every claim. This physician
has made a most generous offer to per-
sons who suffer from this most terrible
disease ,and all sufferers arg not only
but cordially invited to call,
and should bear in mind the time and
place specified for the distribution and
avail themselves Of the offer. Persons
living out of this city woh desire to test
the merits Of this most wonderful REM
edy will receive a package free by mail
by writing to DR.. r. Schiffmann. 315
Rosabel street, st. Paul, Minn., provid-
ing their letter is received before Octo-
ber 18th, as no samples can be obtained
after that date.
Sale & Son, the well known druggists.
authorize US to announce that they have
received q quantity Of samples from DR..
which they will distribute
during the hours mentioned In accord
ance with his offer.
The herald., 1896-10-08
PERSONALS

Or. d. r.. Wilder, a prominent Los
Angeles dentist has returned from an
extended trip to Chicago and eastern
cities In the interest of dentistry, intro
ducing his new and painless system Of
correcting Irregularities of the teeth,
etc. DR.. w. has spent the last fifteen
months In associating with the leading
dentists of eastern cities, and has con-
sequently gathered many latest ideas in
advanced dentistry.
Marshall v. Hartranft, the well known
orange broker, has returned from Sac
ramento and is stopping at the Ramona.
II. "A. Burbank of Chicago has return
"a from short trip to the south and is
et the Ramona.
Mr.. and Mrs. r. B. Isaacs and Miss
Susie T. Mackenzie Of San Francisco are
registered at the Ramona.
w. B. Dunning is convalescent after
esevere illness Of ten days or more.
The herald., 1896-10-08
SIXTH STREET IMPROVEMENT
The Jurisdiction Of Justices Courts
Defined
Some Heavy Claims Against the Mount Will
son Railroad
Charge Of Grand Larceny Against @. w
Dennis Dismissed-A Vernon Fam
lily Quarrel-New Suits Filed.
Court Notes.

Firecrackers were exploded, potted
duck and sharks fms, not to mention
other strange dishes, were consumed.
and we'll washed down with thimblefuls
of rice whisky and copious libations Of
tea, and all because the Chinese have
scored victory in the law courts.
On Tuesday the United States circuit
court of appeals reversed a ruling Of
Judge Wellborn in the United States
district court. and as 1t has an important
bearing upon the question Of the legal
ity Of very many Cinnamon in this coun-
try, the decision of the higher court in
sustaining the stand taken by the
almond-eyed brothers has been cele-
brated both here and in Riverside with
all the honors.
The case presents some rather curious
features. A Chinaman named Wong
Fong was arrested at Riverside and ac-
cused Of being unlawfully in this coun-
try, and the facts in the case were SIM
ply these: Wong Fong had resided in
Riverside, where he carried on store.
for thirteen years previous to the open
ing of the registration office. made neees-
sary by the McCreery act Of
November, 1893. In July, 1893, how
down, but was rebuilt and again opened
about October Of the same year. On
November 10 Wong Fong left this coun-
try to visit his kith and kin in China,
and did not return until May, 1895, when
he resumed possession Of his business
at Riverside. He leased some land for
a ranch and employed a number Of men
in raising garden stuff. and was seen by
Inspector Putnam when making applica-
ton In the marshaps Office for license
to send out peddling wagon. He was
arrested in September, 1895, and brought
to trial in the United States district
court. On December he was ordered
deported. on the ground that he was not
a merchant when he left this country
on visit to China, for the reason that
the burning down of his store had de-
stroyed his status. Wong Fong was de-
Tended by Attorneys B. M. Marble and
George P. Phibbs, and they carried the
case to the United States circuit court
of appeals. with the result that Wong
Fong is permitted 10 resume his business
at the old stand.
The herald., 1896-10-08

anos due on material sold within the
last two years.
Harper q Reynolds. on Z note for
$500. March 10. 1886; . second note for
$500. May 20, 1895. and $54S.el due as bal
ance on certain material
Union Ice company, on Z note for 500.
April 8. 1886, and $17s1s. balance due on
material supplied.
Union Hardware ana Metal company,
on q note for 2a01.44. November Z. 1895.
q second note for $500. October II. 1895.
ana $627.01. due for materials.
w. p. Fuller a Co., on a note for $644.19,
May 8. 1896. second note for $500. April
q. 1896. and $98.72. balance due for ma
terial.
w. c. Patterson & Co., on q note for
s937.SS, October 1, 1895; a second note for
s79Ss1, November 1. 1895; a third note
for $102S.S6, January 1. 1886. and $204.05
as balance due for material
The Tuttle Mercantile company. $209,
due for material supplied.
The above claims aggregate SIS. 1881,
and with previous claims make quite a
large sum outstanding against the road.
The herald., 1896-10-08
THE FIGURES TOO HIGH.

TO the Editors Herald-Gentlemen
In your today's reportof proceedings of
hoard of supervisors. referring to the
matter Of election supplies, you say that
the board would have done better to
accept the lowest of the first batch of
bids received, which you say was $2S5
per precinct. If you will refer to the
record you will notice that our bid on
that occasion was 1920 per precinct, the
acceptance of which would have made
sassaving of $16S.3 on thecontract, instead
Of only $6S.3 as you put 1t.
i. Respectfully,
The herald., 1896-10-08
LOST BOYS AT POLICE HEAD
QUARTERS.

Two lost boys were brought into the
police station yesterday afternoon, be-
ing picked up on Main street by police
officers Jack Underwood was only at
headquarters a short time, until his
mother came and took him home. Will
lie Shorb. q curly headed lad Of about
seven years, was not so fortunate, and
late in the evening was still in the Jail
awaiting the arrival Of his parents.
The herald., 1896-10-08
NEW SUITS FILED

Eulalia Bojorques de Rangel, ct a.,
VS.. Ballero Bojorques ct ala suit to
recover possession Of lot at Santa
Monica, to quiet title to the same and
for 500 damages.
j. H. Preston. trustee, VS.. Mary e.
Walters. ct ala suit to quiet title
to lot s. block v. Of Garvanza addition.
Charles H. Carey, receiver Of William
ette Mil and LAUNDERING company, VS..
Marie N.McCroskey. ct ALA suit to re-
cover $9S.45. costs. ETC.. on q mechanics
lien.
Lars Erick Anderson vs.. Hugo c.
Wancke. ct ALA suit to recover $110o
on note. $3.50 attorneys fees. costs and
for decree Of sale.
The herald., 1896-10-08
NOTICE.

Will some benevolent person having
a house Of six, eight or ten room donate
the rent of the same for a charitable pur-
pose? This is a most urgent and worthy
call The property will be kept clean
and respectable. Would like a comfort
able house and a yard. Address B. B.,
box 20, Herald office.