davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1896-01-16
THE FLEMING LIBEL SUIT,
Preliminary Examination Com
menced Before Judge
Conlan.
Defendant Framed the Charges, but
Denied Giving Permission to
Publish Them.

The preliminary examination of Jam es
B. Fleming, ex-superintenient of the
Public Pound, was commenced in Judge
Conlan's court yesterday morning. The
complaining witness is F. A. Osborn,
Poundmaster, and the alleged libel was
contained in an article published in THE
CALL on December Is last.
When the case was called Attorney
Cabaniss, for the defendant moved for a
dismissal on the constitutional ground
that the Police Court had no jurisdiction
to try cases OF criminal libel where the
punishment provided by law was more
than fine of $1,000 or Imprisonment for a
PERIOD of more than one year. He con-
tended, therefore, that such cases were
pla inly without the jurisdiction of the
Police Courts. The prosecution in cases
OF indictable misdemeanors, such as crimi-
nal libel, must be founded either upon
Indictment by the Grand Jury or by direct
proceeding in the Superior Court, which,
he contended, had original jurisdiction.
The Judge was of the opinion that he
had sufficient jurisdiction and ordered the
examination to proceed.
The reporter who wrote the article for
THE CALL testified that he simply pub
lished the alleged facts as he received
them from the defendant. He was in
formed at the time by the defendant that
he had prepared specific charges to be pre-
sented TO the Grand Jury. The defendant
permitted him to copy the charges and he
was allowed to publish them after consult
ing Judge Partridge.
The article furnished by the defendant
to the reporter was introduced and the
prosecution rested.
TIE defendant in his testimony admitted
framing the charges, but denied that he
had given permission for their publication.
He said that the reporter had promised
not to publish the story without first hav-
ing secured his permission, or until after
the Grand Jury had concluded its in
vestigation. He admitted giving the re-
porter permission to copy the charges.
The case by consent was then continued
to Saturday.
The San Francisco call., 1896-01-16
TO GUST STATELER.
The Strong Fight Being Made by
Special Trustee John Chet-


The fight Special Trustee John Chet-
wood Jr. of the California National Bank
is making in the Federal courts to oust
Thomas X. Stateler from the position OF
agent took lively turn in the chambers
yesterday before Acting Circuit Judge
Morrow.
Attorney A. W. Thompson for Chet-
wood gave notice of an intended deposi-
ton from D. F. Parker, secretary and
manager of the Standard Soap Company,
to throw some light upon the disposition
OF the 1920 shares of the banks stock
which Soap King Thomas voted for
Stateler at the July g. 1894, meeting. At
torney r. B. Mitchell for the other side
was up in arms in an instant.
The purpose of having Parker's deposit
tion introduced is to show that the 1920
shares of stock which at the Alameda
County Insolvency proceedings were said
TO have been transferred to D. L. Bowling,
ana which subsequently were alleged to
have been sold to Parker, had never been
purchased by Parker. In the light of such
eviderce it would be made to appear that
lowing made false statement when he
swore he had sold the stock to Parker.
Mr.. Chetwood is inclined to think that the
stock is now in Attorney Mitchell's pos
session.
For while there was considerable
locking of horns by the combative law
yers,. but finally the court ventured the
opinion that it thought the evidence of
Parker should be admitted. 1t did not
make any such decision just then, how
ever, but postponed action in Difference to
the attorney for Mr.. Stateler
The peculiar phase of the proceedings
just now before Judge Morrow is on the
question of Federal jurisdiction. Mr..
Stateler's side contends that the court
does not have the power to enjoin him
from acting as the banks agent. On the
other hand he has counter suit in the
same equity court to have himself iudici-
ally declared its agent and the bank S
affairs wound up.
The San Francisco call., 1896-01-16
! aging such appeals and indemnifying the re-

aging such appeals and indemnifying the re-
spondent.
The court, after long and mature delibera-
ton, unanimously decided that defendants
entered into fraudulent conspiracy to de-
fraud the stockholders OF the Hale & NorcroSs
Mining Company, aud that the facts found by
the trial court justified its judgment that the
company and its stockholders had been dam
aged through said fraudulent conspiracy, on
one item alone, $2l0,197 30. and ordered that
amount TO be entered in judgment as of the
Gate of the judgment of the trial court, June
IL, 1899, with interest from that date
The stockholders had right to expect the
immediate payment of this sum of money.
Their stock became worth in the market upon
the announcement by the court of last resort
about 50 per share. But when this appeal was
perfected the stock fell from 50 to S5 cents,
its expenses, thus entailing burdens and losses
on the stockholders, and no doubt forcing
many TO part with their holdings at the de-
preciated prices
This is an aggravated case and demands an
lnflctien OF heavy damages to meet its require
ments. The damages should be 25 per cent OF
the judgment.
Z. s. Pillsbury, who is associated with
Mr.. Baggett, followed in brief discourse.
He presented some of the points of law
bearing on the case, and pointed out the
difference between "a final judgment"
and .'the final judgment" arguing that
the Supreme Courts judgment in this
case was 1.-The final" one.
This forenoon the debate will be resumed
by representatives of Hayward and Levy.
The San Francisco call., 1896-01-16
Supreme Court Arguments on
the Appeal From Entry
of Judgment,
HEARING BEGUN YESTERDAY.
Attorney Wood Presents the Case
for Alvinza Hayward - Mr..
Baggett's Reply.

The seven Supreme Court Justices tilted
and rocked in their high backed chairs
and the lawyers in the Hale & Norcross
case talked on.
1t was yesterday afternoon that the ap-
peal from the entry of judgment was taken
up, and Attorney w. S. Wood made the
opening argument for Alvinza Hayward
and other defendants against whom the
Supreme Court had ordered a judgment
for little more than $40, ,000 Judge Heb
bard of the Superior Court had entered
judgment according to the instructions
handed down by the higher body, but the
defendants attorneys found technical
grounds for an appeal from that judges
action, alleging that the judgment was
premature, raising questions OF iurisdic-
The San Francisco call., 1896-01-16
FAVOR A FREE MARKET,
An Innovation Among the Com
mercial Institutions of
the City.
M. S. Kohlbe1g of the Merchants
Association Speaks of the Mar.
ketS in the East.

The projected establishment of free
market in the City seems to be causing no
little interest in commercial circles. AS
might be expected, some of the commits
sion firms, if not the, majority of them,
regard the idea with little favor, since its
realization will be tantamount to q dimin-
ution in their volume of business. Among
the more influential mercantile houses,
however, may be found number of stanch
advocates of the movement, some of whom
wax enthusiastic when they can be started
talking on the matter.
In the Merchants Association the
scheme has found NUM- Der of warm sup
porters and the organization has taken an
official cognizance of the project by re-
mitting it to the consideration of the COM
mittee on trade and Finance, which con-
ssts of M. S. Kohlberg, first vice president
of the association, and Directors J. w. Car
many, A. ]. Fusenot, 4. T. Osborne and
Joseph Simonson, and which will hold a
special meeting at the rooms of the asso-
cation for the purpose of devising some
practical means OF making the proposed
free market one of the established COM
merciai institutions of the City.
Among those who will address the meet
ing is mentioned w. HI. Mills who is said
to be thoroughly versed in the matter
under consideration, having seen mum be RS
of free markets in successful operation in
various large cities of the Union.
Harbor Commissioner Chadbourne is
also expected to speak. He has already
on more than one occasion signifed his
Willingness to do all in his power to secure
site for the market in some easily acces-
slble portion OF the water front, and is
considered one of the strongest supporters
upon whom the project must count for its
success.
Mr.. Kohlberg, chairman of the commit,
The San Francisco call., 1896-01-16
formed of the true state of affairs in the
A NEW MANAGER.
August Muenter of Stockton In
stalled-A First Dividend of 80
Per Cent Declared.

Per Cent Declared.
Mr.. Montpelier, who had been manager
of the bank for years withdrew yesterday
at noon and his place was taken by
August Muenter of Stockton, who will
have charge of the liquidation pro-
ceedings.
the directors held meeting yesterday
and resolved to pay so per cent of the en-
tire Indebtedness Immediately, beginning
today. The bank will be kept open for
two hours daily for the payment of debts.
Other payments will be made as fast as
money can be collected from the varied Sc
curities. Meanwhile expenses have been
cut to the lowest possible figure.
"On the assets marked doubtful we are
collecting very nicely said Mr.. La Rue,
land as for all other assets we expect to
be able to collect easily without pressing
borrowers or injuring stockholders in any
way.
1--WE have a lease on the bank premises
for year at $500 month, and are trying TO
lease the offices to an insurance company,
our desire being to move into small
office with low rent until the business shall
have been wound up"
The San Francisco call., 1896-01-16
See Yups Attack a Sam Yup.

Along Clay street, between Dupont and
Stockton, yesterday afternoon there was almost
general Chinatown riot. The trouble was
started by See Yup who objected to another
Chinese purchasing groceries of a Sam Yup.
The Sam Yups patron became victim of the
aggressive See Yup's pugilistc tendencies and
a mob of See Gup sympath1zers soon appeared,
vacating that associations headquarters on
the northwest corner of Clay and Dupont
streets to indulge their factionalism. Police
man Amos Williams promptly took the See
name at the California-street Police station of
All Wau, and his calling as that OF a cook The
sam fup escaped up Clay street, quaking with
sailant.
The San Francisco call., 1896-01-16
TO SCALE TAMALPAIs.
The Scenic Railroad Has Filed Articles
nf In

The Scenic Railroad Has Filed Articles
of incorporation.
The Mill Valley and Mount Tamalpais
Scenic Railway has filed articles of in
corporal ion with the County Clerk.
The articles state that the corporation is
formed to construct mountain railway
with rails of steel or other meta" =" and to
establish restaurants and telephone or
telegraphic communication between the
term!ni or along the branches of the road
The road itself, it is estimated, will be
about eight miles long. Tie directors are
William c. B. de Fremery of Oakland,
Cornelius Toohey, William C. Savage and
Sidney B. Gushing of Marin County, and
Charles e. Green, Arthur A. Martin and
David Mckay of San Francisco. The cap
ital stock is $20O, 900, $4,000 of which has
been subscribed.
The San Francisco call., 1896-01-16

OF the appeal which. in its opinion, is appro-
pFlate 10 the ends OF justice. This power to
moolly judgments that the ends OF liuga-
tlon ml6h be reached and exact justice done
mas oeen often exercised by this court and can
no longer be questioned.
But appellants say that they are making no
attack upon the Judgment of this court, but
are questioning the validity of the judgment
VI tne lower court, and, while pretending to
aamlt the right of this court to make any judg-
Hient IL may see fit, they challenge the power
OF the lower court 10 enter judgment upon
one OF the issues in cause before dis posing of
the remainder.
This, we say with such resDec1 rs we should
snow, is absurd, for they certainly know that
the judgment from which they have taken this
appeal is nothing more nor less than the judg-
meat OF this court if it has been entered as di-
rected Dy this court. 1t is not the judgment OF
ira! court In the sense and within the mean
lng'oi the several cases cited by counsel for re-
sPoHuehls declaring that trial court cannot
ehter separate judgments upon the several
issues made by the pleadings in cause.
When TINS court has heard an appeal and has
determined tor itself what judgment the trial
court should have rendered, the judgment
that 1t orders to be entered is the judgment of
lhls court, whether it be a judgment OF affirm
ance, reversal or modification. judgment of
the superior Court when modified by the order
or direction OF the Supreme Court is not
judgment OF the Superior Court If modified as
qlrected; 1t is TO all intents and purposes the
Judgment OF the Supreme Court, and ap-
peal from the entry of modified judgment
would not be allowed, but for the possibility
that the Judgment entered is not in accord
ance with the directions of the appellate court.
If 1t be conceded, as counsel pretend to con-
cede, that this court could order the entry of u
Judgment upon one issue and further trial of
other issues, and the judgment was ntered as
directed, their appeal is but an unwarranted
attack upon the judgment OF this court; 1t is
al appeal TO this court from its own judgment
Clearly the appeal in this case is frivolous
ana VeNatlous and was taken for delay; it is a
hagraut abuse of the privilege granted by the
law in such cases and is contempt of this
court. III is, furthermore anDHrpntlV.
CANT defiance of the law and of the judgment
OF this court. This court should in this and all
similar cases assess heavy damages for the
purpose OF Furnishing such contempts, discour-
The San Francisco call., 1896-01-16

SHOWS an enrolment OF 1O2 children and an
expenditure of $3.50. The managers are
very grateful 70 their many friends and
the public for the substantial kindnesses
shown them and hope that the coming
year will see no din,inution in the interest
in this noble charity. The following Of
ficers were elected for the ensuing year:
President, Mrs, Albert S. Lavinson; first
ice-president, Miss a. Bremen; second
vice-president, Miss J. Blum; correspond
ing secretary, Elizabeth Emanuel; record
ing secretary, Miss Rose Steinbart; treas
urer, Miss A. FrapOlli.
The San Francisco call., 1896-01-16
Fighting for Time.

The booksellers are all fighting for time in
the Police Courts with the object of not having
their cases heard till after the decision is given
In the Superior Court on the Givens appeal
case: Yesterday Attorney Lennon, for Gilbert
Blodes, asked and was granted q further con-
unuance till Saturday in Judge Joachimsens S
court and William Jackman got a contin-
uanee till Monday after waving jury. In
Judge lows court Thomas McQuade and NJ
Levy were granted continuances till Tu esday
next.
The San Francisco call., 1896-01-16
OCCIDENTAL KINDERGARTEN.

Annual Meeting of the Association and
Election of Officers.
The annual meeting of the managers of
the Occidental kindergarten Association
was held Monday, January Is, at the
rooms of the Young Women's Christian
Association. A review OF the years work
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-12-17

LOOKING hHEAD. Golden Medical
Discovery. 1t doesn't work miracles :;
but it does what other medicine can't do
and what doctors say can't be done-llil-
til they see it done right under their noses
it cures consunption.-Not always; to
say that would be an eXaggeration, but
i'll large majority of cases i'll advanced
cases which have been given up as hope
less.
The Discovery " is not called n con-
suinption-cure it is a blood-maker. It
gives energy to the blood-tnalSing organs
TO create new blood, full of healthy red
corpuscles. This rapid supply of pure
rich, red blood drives out all diseases that
have their roots i'll the blood Corsunp-
ton is one of these; scrofula, malaria,
eczema, erysipelas, catarrh-are others.
1t is absurd to doctor them separately as
lung, or skin, or head diseases. They
must be driven out of the blood. You
can rely on the "Golden Medical Dis
covery" to do this every time.
1t is not patent medicine. 1t Is the
perfected result of 80 years, practical ex-
perience by one of the most skillful ply
sicians and eminent medical authorities
in this courtry:-Dr. r. V. Pierce, Chief
Consulting Physician to the Invalids' Ho-
tel and Surgical Institute, Buffalo, N. Y.
DR.; psrse,s 1903 Rags s book The " 2 Ie9pIe's les
enormous sale of $4,000 copies at $I.so each.
This enormous sale having paid him fair profit
on the great amount of labor and money ex-
pended In producing 1t, he is now giOing away
absolutely free 100000 copies, the recipient only
being required to mail to him, at the above insti,
tuition, 2I one-cent stamps to cover cost of mail.
Ing only and the book will be sent postpaid.
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-12-17
Your Soy Won't Live a VI ontn.

So Mr. Gilman Brown, of 30 Mil ST.,
South Gardner, Mass, was told 10y The
doctors. His son had Lung trouble,
following Typhoid Malaria, and be
spent three hundred and seVenty-fye
dollars with doctors, who finally gave
him up saying: Your boy wont live a
month" He tried DR.. Kings New
Discovery and few bottles restored
him to health and enabled him to go
to work perfectly well man. He says
he owes his present good health to the
use Of DR.. Kings New Discovery, and
knows it TO po the best in the world
for Lung tro Cle. Trial Bottles Free
at W. H. ot5 er'5 Drug Store
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-12-17
OIL Lines New Owners.

LIMA, OHIO, DECEMBER 15th-The
wealthy Deitrick syndicate, which own
the Chicago gas plant and many others
throughout the country, today assumed
the control of the Ohio and Indiana
Pipe Line, which was recently bought
by them at figure reaching a couple
of million dollars. The transfer was
made this morning and the new own
ers elected the following officers: Chas.
DeitricS, President; A. b. Pool, Treas
urer; c. II. Cole, Secretary; Samue,
Murdocl', General Manager, and !. d.
S. Neelcy, General Superintendent.
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-12-17


cept the offer, but should they do so
they may be expected to give good
account of themselves.
The officers elected for the ensuing
year by Harmar Lodge, No. 800, T.. and
A. NJ, are as follows: d. f. Kidwell,
Jr., w. M; Henry Savage, S. W.; L.
p. Moorse, j. W.; Robert Sbires, Treas.
G. NJ. Payne, Sec'y.; j. c. Saner, S. D.;
James Squires, j. D.. j. A. Steadman
Tyler. The installation will occur De-
cember 30th.
Attorney Aug. NJ. Campbell, of st.
Marvs was in the city on business
Wednesday.
MIR Charles NJ Coffman has been
filing the position of Conductor Ed.
Reynolds on the u. S o. r. Railway
during the absence of the latter in
Columbus.
+ inc lot of mixed candies at FIVE
cents per pound. Magnani e. Lippi.
Mr.. William Ohle, of Petoskey,
Mich, is in the city, the guest of his
sister, Mrs. Jacob Lander.
The case of the State VS.. Lindsay,
indicted for assault and battery, was
not tried in Common Pleas Court We'd
nesday, Lindsay's attorneys stated
that their client was i'll at Mounds
vile, w. Va.
The Cincinnati Post has the follow
ing: 'There is nothing as sweet as
faith. That Parkersburg manager de-
clares he will sign 'only such players
as will win the pennant hands down !"
He will find that there are Others"
Mrs. j. d. Payne left Wednesday
for Bartlett on visit to her daughter,
Mrs j. " Goddard.
Colonel d. p. Bosworth returned
Wednesday from visit to Boston.
Mr.. j. r. Thompson, assistant oper-
ator in the Western Union Office, left
at 11:25 Wednesday night for Eaton,
o., to which city he was called by the
death of his neice.
Route Agent Tool, of the American
EyDroce Con,r,,v :; in tba oi+v on
b,sinass
'H'''' iA'io'' 'e' 10 '''i''t'S
=
-Ihe u D. recruiting station winch
mas oeen IN operation here Tor the past
six months, with headquarters at the
Commercial hotel, in charge OF Lieut..
''sH H'' ""@ N'e'' .''""| 'i,' 'il"a
~! 9, ~ y ',''i'"s' 'o'n 20. ,''i'S' .',0
Ind p,rl,ors,,rro, sor,fro,
.,
10''. 0S " W.
,'-T' -, 3 - - - P'', WV
''''o - ''''' ''7 20 - 'lo - 't.0' y
p, ~ - -,
,'''' ''''''''''' .,', ~ nc. y o'' 'l'0
~ say "o - go MY i-1'' ~ :
~, "a" ''''''''"' ""0 "'9 a. l'''e'
.l,i. ,f.o,,,,,, 1,[,ee,.., p,.1-,,.;.l,
r,,a ,,.,,.,.,,,t o,,t Ca,,4 1,,r,a,
.7,s',;.1..5 ,s5 .f,N
''' ,''' r,0''' ''7 ~T''.'-'
ueU "H''. oi0'N' i'".ii,'n "e'Ns
nei 'i' vuc ,,., wa a. ','"o' ~ l'Ay i'
i''V ~ '''i'''' VI '''9'"' - an" S1"
mere %cSIeIuuy 70 "e eAecuIeU' 'uos'
Looms Oh N'rle1I" Is engage" IN Aah
mans defense We are informed tha'
Mr. Hannan will institute suit for $50,
OO1 duInarcs AGAINST the comDlaiuants
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-12-17

GaJ- FOR SALE.-25 Lots on Emerson Heights
subdivision and six acres adjoining Corp. line
at low prices and easy terms.
20 Residence properties in the city for sale
on easy terms
Farm in Decatur township for sale or eX-
change. Farm in Wood Co., W. Va, for sale
or exchange.
Two new houses on West Side on easy terms
Can and see us il wanting to purchase pro.
perty. Oil leases for sale.
WARD & STORE,
Second street.
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-12-17
If vou could look

If you could look
ahead a few montlls
and see what was
coming from those
spells Of weakness,
loss of appetite,
wasting of q e sh
a IL d energy you
wouldn't wait for
diseas e to get a
| grip OH you. You
would begin right
away to tone up
your constitution
1vitI, Dr DiarCp'e
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-12-17

DR.. Woods Norway Pine Syrup is
pleasant 10 take, positively harmless
TO the most delicate constitution, and
absolutely sure to cure the most OBJ
stinate cough or cold. , household
boon,
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-12-17

from A. c. Wendelken, corner Mulberry and
Poplar streets. Nov 9th If.
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-12-17

~ Who wants to make nice Christmas
Gift Of Piano? We handle the lnabc Eehr
Bros. V0se s. Sous Pianos, and we can sell
them as cheap as any Firm on earth.
FRED. ISRAEL
tl.Doc 18th % Front Street
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-12-17

Gl.3" We have a nice Upright riano, second
hand in fine condition. At u bargain.
FRED. IsRAEL, i27 Second Street.
tl.Dec .2jth,
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-12-17

~" MONEY TO LoAN.--Apply at Room S,
Mills Building, Cor. 2pd and Putnam Sts.
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-12-17
BUSINESS LOCALS.

gg FOR SALE. a house of 81; rooms
and fire hajf LOT on upper Front street Call
on or address IE&RY LEONARD,
Whites Road between Fifth and sixth near
Putnam, slarietta, Ohio
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-12-17
Examination Of Teachers

of washington County viii he held from s a.
NJ. until 4. M. AT the Marietta High School
in the second Saturday OF each month eXcept
January, July ana August.
MARI ~ R ANDREWS
sept TO, '06 Pres B'd OF Examiners.
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-12-17

III Wliiam S, Bell, Expert Piano Tuner
Leave orders at Dlumo's Jawel,y store, 252
Iran. a.r-et
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-12-17
Here'Sa 'C0rkGr' Sure

When your purchases at my store
amount to SO you are entitled to an
order on j. w. King, the Photographer,
on presentation of which, together
with s1.5O you will receive Six of
Kings Best Finished Cabinets and One
Steel Engraving Photograph on an
India Tint Mount
This offer is for a Limited Time.
Take advantage of it.
CHARLES BLUME
THE JEwELER
R0TIcE--i have removed my stock OF
goods to No. 252 Front street.
Periodical tickets given.
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-12-17

81 FOR SALE. Sand in the river bank.
~ miles this side o; Waterford. Enquire of
NJ, II. HART, 2a3 Second Street.
Real Estate Agent.
Marietta daily leader. (Marietta, Ohio) 1895-1906, 1896-12-17

1k13H DO you want It home: # so, ] can IL.
you out. Lots to sell on easy monthly pay
merts. Desirable houses at low prices and
easy terms Farm lands in four states.
Timber lands, mining lands and oil territory,
Money always on hand to loan. Persons de.
siruus Of investing money safely ON first mort
gages are invited 10 correspond.
J J. GUYroN,
Room 10, Law Building.
Marietta O.