davidaulloa/AmericanStories huggingface dataset:
The herald., 1897-04-29
THE FAIR WILL
Under the Precedents Will Be Fully
Sustained

SAN FRANCISCO, April 2S.-The su-
preme court has rendered a decision in
the suit of Bennalach vs. Richards ct AL,
from Nevada county, which is parallel
case, which practically sustains the de-
cision of Judge Slack on the validity of
the trust which James G. Fair attempt
ed to create by his will.
1t will be remembered that the first
battle in this great legal contest was
over the trust will of September 81, 1894
That will was dis'tasteful to the children
of Fair and they united their forces to
break down the trust. Charles Fair COM
menced suit to test its validity and
Judge Slack decided that no legal trust
had been created by that document.
The will, in effect devised the estate
to four trustees to hold until the death
of the last of his three children and then
convey to the certain heirs. 1t wac
merely trust to hold and convey, Judge
Slack decided that no such trust can be
legally created in real estate.
Under this decision Fair could have
created trust "to sell the real estate
and apply the proceeds to certain pur-
poses," or he could have created trust
to mortgage or lease the real estate for
the benfit of legatees, but he could not
create valid trust in real estate merely
to hold and convey as he attempted to do.
The herald., 1897-04-29

clerks detected her In the act of 81
creting a pair of shoes under her cloai
He detained the woman, and an Office
was called and the woman placed unde
arrest.
At the police station Mrs. Stanto
was apparently very repentaHt. an
when her name was asked by the clerl
she broke into a flood of tears. Sh
claimed that she came to Los Angelo
from Hanford to stay until after tn
Fiesta; she said this was her first OF
fense, and that her conduct was due t
the influence of liquor.
The officers went to the woman's roor
in lodging house on South Main street
and found a large amount of plunde
there. consisting of millinery, gloves
and the like, all of which is suppose
to have been purloined from differen
stores in the city. 1t is thought by tn
police that an expert shoplifter has beei
Gagged.
The herald., 1897-04-29
A CHILD FOUND DRUNK
LYING UNCONSCIOUS UPON THE
SIDEWALK
Who Are the Unknown Parties Who
Got the Boy IntoxicatedP-A
Thin Story

A little boy only years old was found
street by an officer last night in an
unconscious state of drunkenness. He
was lying on the sidewalk at the time,
and there was no one near him. The
officer picked the lad up in his arms and
carried him to the receiving hospital at
the police station. DR.. Hagan was sum-
moned and when he arrived the stomach
pump was applied, relieving the boy of
a large amount of liquor which he had
drunk.
He soon regained consciousness suf-
ficiently to state that his name was Clar-
ence Grey and that he lived on Pearl
street. officer McLain was sent to no
tify his parents of his whereabouts.
Shortly after. o'clock two men drove
up to the station and came in to take
the boy away. He had been put to bed.
however, and the officer in charge re-
fused to let him go.
The men refused to give any clear
statement of who they were. When
asked for the boys name, they said that
it was Willie Smith, and one of them
gave his own name as John Smith.
When he learned that the boy had al
ready made a statement, he admitted
that he had given a name which did
not belong to him.
He stated that Clarence had gone to
visit at the house of Mr.. Avery, on
South Pearl street, at about o'clock.
He protested absolute ignorance of
where the boy had got the liquor or
who was responsible for his condition.
In his statements he repeatedly contra
dicted himself and was evidently un-
willing to tell all he knew about the
matter.
1t was subsequently learned that the
man lived at 542 South Pearl street.
When reporter called at the house at
o'clock this morning he absolutely re-
fused to make any statement whatever
regarding the matter. He had just
moved into the place and Is not known
in the neighborhood
The herald., 1897-04-29
The Vrooman Act

SAN FRANCISCO April 2S.-The SUI
preme court today passed upon several of
the provisions of the act of 1885, relative
to street improvements, and usually termed
The Vrooman act The city council of
Stockton called for bids for grading cer-
tain streets and the bid of Contractor Nc
Carthy was the lowest presented but the
council set aside the award to him, let
ting 1t to Contractor Owens. J. Simon be-
came delinquent in his assessment for the
work and suit was brought against him by
the contractors. The defense was that the
work was not properly constructed and
that the council did not have the power
to set aside the award of Mccarthy The
supreme court decides that the city coun-
ell had the power to determine if Mccarthy
was responsible bidder and that upon its
action proclaiming that he was not there
was no appeal; also that the defendant
lost his right of contest in not appealing
to the city council within thirty days after
the completion of the work upon his state
ment that the work was not performed ac-
cording to specifications.
The herald., 1897-04-29
VALIANT SURVIVORS
WILL NOT LONG SURVIVE THEIR
sUFFERINGs
Three of the Men Comatose and
Each Has Lost His
Reason

ST. JOHNS, N. F., April 2S.-Anxiety
is felt at st. Pierre as to the condition OF
the four survivors of the wrecked
French brig Valiant, which struck an
iceberg on the grand banks on the night
of April 14th and foundered almost i'm
nediately. Three of them are in coma
tcse condition, and 1t is feared that one
will not live through the night.
Their sufferngs are terrible. 1t was
found necessary to amputate the arms
and feet of three Their ears and noses
were shockingly frozen, and the flesh
presents a CHASTITY appearance. AS if
this were not wretchedness enough,
their reason Is temporarily, if not per-
manently, gone. AS they lie in their cots
they rave in distracted recollection of
their awful experiences.
1t seems from what can be snatched
from their incoherent rawlings that four
dories were overturned at the moment
of the wreck. '-aasof the men on board
the rescued dory were taken from the
water, almost drowned. They were the
first to perish. The third who died was
a young fellow about 16 years old.
Four boats are known to have got
safely away from the ship, but the cap
tain's boat was the only one afterwards
seen by the occupants of the rescued
dory. The intense cold made 1t almost
impossible for them to do anything in the
way of navigating the dory, and they
were compelled to drift helplessly.
The most horrifying incident of the
experience was the cannibalism to
which they were driven by the pangs
of hunger. The dead body which they
used for food was frozen so stiff that
they were scarcely able to hack off the
flesh with their knives. For two days the
lives of the survivors we're sustained in
this way.
Everything that is possible is being
done 10 find the missing boats. Outgoing
boats will make a close search of the
waters north and south of ST. Johns
but there is little hope of further res
cues.
The herald., 1897-04-29
WEYLER's WAR
Has Not Yet Reached the Stage of
Massacre

HAVANA, April 2S.-The correspond
ent of the Associated Press declares as
absolutely without foundation the story
telegraphed from Havana to a New
York evening paper. giving alleged de-
tails of the total destruction by a band
of euerrillas under command of Captain
Diez, of small village ten miles from
Sancti Spritus and of the massacre of
$50 inhabitants. There is no truth what
ever in the story.
The dispatch in question alleged that
the inhabitants Of the village had re-
ceived permission from the commandant
at Sancti Spirltus to remain at their
homes and grow crops but that on Cap
tain General Weyler's visit to Sancti
Spiritus 1t was suggested to him that the
Spanish government had received a con-
sideration for allowing the villagers to
remain. The dispatch went on to say
that Weyler ordered Captain Diaz to
remove" them and the order was taken
literally by Diaz, who with force of 300
men started from the village, fired the
houses and shot the defenseless people
down as they emerged from their homes,
sparing neither age nor sex.
The herald., 1897-04-29
THE BLACK JACK GANG
MADE SMALLER BY ONE CUT
THROAT'S DEATH
After Running Fight the Other Des-
peradoes Make Good Their Es-
cape in the Mountains

DENVER, April 2S.-A special to the
Republican from Santa Fe, N. M, says:
United States Marshal Fred Higgins
ard posse of five today had a running
fight with Black Jacks gang of des-
peradoes in the mountains of western
Grant county, fifteen miles east of Cliff
tn, Ariz., and killed Sid Moore, one of
the desperadoes. The others escaped.
Under secret instructions from the
postoffice department at Washington,
United States Marshal Hall of this ter
ritory has kept the Higgins posse in
the field along the New Mexico and Ari-
zona border for two months on the look
out for the Black Jack gang. Last night
a dispatch came to the marshaPs office
from the postmaster at Clifton saying
the desperadoes had been seen yester-
day afternoon fifteen miles east of that
town. Higgins was ordered to the scene,
and striking the trail at dawn this morn
ing he followed it until 0 o'clock, when
he and his men overlook the Black Jack
party. which includes some of the most
notorious cutthroats ever banded to-
gether in the west. A hot fight ensued,
but when Moore fell from his horse, shot
through the heart by Higgins himself,
the desperadoes wheeled their horses
and escaped to the mountains.
Moore's body was taken to Clifton to-
night. He is believed to be one Of the
two men who some weeks ago called at
the ranch home of George c. Smith, the
wealthy stockman in western Socorro
county, and, after dining with him
murdered him and seriously wounded lis
cook.
The Masonic fraternity offers $500 re-
ward for Smiths murderer, and the
United States will pay $500 for each OF
Black Jacks band, dead or alive
Moore is supposed to hail from Texas
He had but recently Joined the band, and
Is the fourth member killed by officers
of the law within six months. These
desperadoes have operated for year
along the New Mexico and Arizona
be undary line, and have killed sever
men and have robbed score of country
stores, postoffices and mail coaches.
The herald., 1897-04-29
For Glory and Twenty
Five Per Cent
STAKEHOLDER SMITHS TALE
CHECKS RETURNED TO STUART
WERE BOGUS
Winners of the League Ball Games.
Results at Ingleside-Great
Race on Saturday
Associated Press Special Wire.

Associated Press Speclal WIRE
NEW YORK, April 2S.-The Press
says: AL Smith, stakeholder in the Car
son fight, astounded group of friends
in q prominent hotel today by declaring
that Fitzsimmons did not receive a cent
of the purse.
More than that" said Smith, II can
tell you this, and you know what my
word is worth: Fitzsimmons did not
go into the ring to fight for the purse.
Before going into the ring he agreed
with Dan Stuart to waive all right to
the purse and accept instead % per cent.
II have hesitated Of speaking of this, y
Smith added because did not wish to
discount Fitzsimmons victory in any
way. All other arguments aside, he was
q better man than Corbett that day, but
1t has panied me since the Carson affair
to read the vainglorions speeches t1tz-
simmons has made If Fitzsimmons was
SO confident of defeating Corbett why
did he waive his right to the purse?
Before the fight Dan Stuart told me
that so far as Fitzsimmcns was con-
cerned there would be no purse. To ver-
ify this / sent for Julian, who said this
was all right. L of course held the
checks for a purse of $4,000. but these
checks were not certified, and after the
fight in accordance with an agreement
entered into between Julian and Stuart,
I delivered the checks to the latter"
The herald., 1897-04-29

Grand Lecturer. Visiting members were
taken to Menlo Park and Stanford Uni
versity.
The grand parlor transacted very lit
tie business today and instead devoted
most of the time to sightseeing. The
proposed reduction OF the grand secre-
tary's salary to $24OO was defeated.
The event of the day was an excursion
to Palo Alto and Menlo Park. The dele
gates inspected the university and look
ed at the blooded horses at the stock
farm. Tonight there was dance at the
pavilion, which was gaily decorated for
the occasion. 1t is proposed to organize
a grand camp of Argonauts which will
meet at Grass Valley during the next
session of the grand parlor at Nevada
CITY
The herald., 1897-04-29
ON THE DIAMOND
Losing Leaguers Begin to Score Some
Points

LOUISVILLE, April 2S.-The Pirates
stopped the Colonies winning streak
today. Hill pitched better game than
Hawley, but two misplays by the home
team were fatal. Score:
Louisville l, base hits 4, errors 2.
Pittsburg q base hits 5, errors 0.
Batteries-Hawley and Merritt; Hill
and Wilson.
Umpire-McDermott.
CINCINNATI. April 2S.-The Reds
made it three straight today by shutting
out Tebeau's Indians. The visitors could
do nothing with Damman, the young
left-handed pitcher of the Reds Score !:
Cincinnati 5, baee hits TO- errors l.
Cleveland 0, base HES 6, errors 1.
Batteries-Damman and PETIT; Cuppy
and O'Connor.
Umpire-Sheridan.
BALTIMORE, April 2s.-The Orioles
today won the odd game of the series
from Brooklyn. Both batted well, but
the excellent base running on the part
of the home team piled up their scroe !:
Score:
Baltimore 13, base hits IS, errors 2.
Brooklyn 6. base hits 12, errors 8.
Batteries-Corbett and Clarke; Ken
utuy anu OTlln, buTTlll.
Umpire-Emsle.
PHILADELPHIA, April 2S.-Boston
defeated Philadelphia today in the most
interesting game of the series. This Is
Boston's first victory and Philadelphia
first defeat. Score:
Philadelphia 5, base hits 10, errors /.
Boston 6. base hits s, errors q
Batteries-Fifield and Grady; Klob-
danz and Yaeger.
Umpire-Hurst.
ST. LOUIS. Mo-. April 2S.-Both teams
played poorly today, and the game was
slow and uninteresting. The game was
called at the end of the eighth inning on
account of rain. Score:
st. Louis 5, base hits 10, errors 2.
Chicago 6, base hits 0, errors5.
Batteries-Hart and Mcfarland; Grif-
nth and Anson, Kittredge.
Umpire-McDonald.
NEW YORK, April 2S.-Young Sey-
mour was the hero of the game this az
ternoon. The diminutive left-hander
had the visitors puzzled. Score:
New York II, base hits II, errors 8.
Washington 3, base hits 4, errors s.
Batteries-Seymour and Warner.
Morton, King and Mcclure.
Umpire-Lynch.
The herald., 1897-04-29
Says He Was Jobbed

Constable Mechanism, who was arrest
ed on a charge of having shot McCo;
Pyle a few days ago, claims that he |
the victim of plot He claims that tn,
suit of clothes and the pair of handcuff
which he had said were stolen from hin
and which were subsequently found u
his room were taken out and then re
placed in order to incriminate him. Nc
Camish claims that he has witnesses b,
whom he can prove this fact, and tha
he will have no trouble in establishing
his innocence.
The herald., 1897-04-29
HORTICULTURlSTS
THE BIENNIAL MEETING OF THE
STATE BOARD
Officers Elected and Craw Continued
as Quarantine Director-Work
Done During the Year

SACRAMENTO, April 2S.-The state
board Of horticulture met here today
Secretary Lelong presented his report
for the past year, showing in detail the
business of the board including the re-
moval of the office to Sacramento, ex-
aminations made, bulletins and reports
published and new legislation affecting
the horticultural interests.
The report of the quarantine officer,
Alexander Craw, showed that there had
been inspected fifty-eight steamships
and sailing vessels, arriving at the port
Of San Francisco since last November.
The imports consisted of 779 large cases
and crates, 81 bundles and "a small boxes
of trees, plants, etc, also 1913 sacks of
pineapple plants for Florida.
The election of officers for the next two
years resulted as follows President,
Hon. Ellwood Cooper of Santa Barabar;
vice-president, Frank II. Buck of Vaca-
vile; chairman of the finance committee,
r. d. Stephens of Sacramento; secre-
tary. r. NJ. Lelong; treasurer, Fred G.
Miles of Penryn; quarantine officer, Ella
F. Hallahan of Oakland.
A communication was received from
F. M. Fighter. president of the Campbell
Fruit Growers union, relative to the ap-
pointment of a committee of five compe-
tent men to report to the next state fruit
growers convention az to the marketing
of fruits, ETC., and that their report be
the first business to be considered.
The board appointed r. d. Stephens of
Sacramento, F. M. Fighter of Campbell.
B. F. Walton of Yuba City and John E.
Boal of National City, the fifth member
to be appointed after further considera-
ton.
All commissions hereafter to be issued
to quarantine guardians throughout the
state are to be charged for One dollar
each is the price fixed as a fee.
The spring meeting will be fixed in
July and will be held somewhere in the
southern part of the state.
Commissioner Stephens and the sec
retary were appointed committee of
arrangements for the next convention.
Commissioners Fred G. Miles, +. A.
Kimball and Frank H. Buck were ap-
pointed a committee on program.
The herald., 1897-04-29
Ladies' Waists
In all the latest fabrics /.
Notice
THE HERALD PUBL,

THE HERALD PUBLISHING CON:
pany, corporation. duly organized ana
existing under and by virtue OF the laws or
the state of California, and having Its prin-
cipal place of business in the city OF Loe.
Angeles. county OF Los Angeles, state OF
California.
Notice is hereby given that at meeting
of the above entitled corporation. to.wit
The Herald Publishing Company, held on
the 25th day of March, 1897. an assessment
of ten dollars (s10) per share upon the capi-
tai stock of the said Herald Publishing
Company was levied upon the. said cepi.
tai stock payable on or before the 3oth day
Of April, 1897, to the treasurer OF the cor
poration, the First National Bank, At it,
banking house in the city of Los Angelees
county of Los Angeles. state Of California,
and that any stock upon which the assess.
ment shall remain unpaid on the lSt day
OF May, 1897 shall become delinquent and
shall be advertised for sale at public aucs
tion. and unless payment IL made before.
will be sold on the 18th day Of May, 1@7,
nj twelve o'clock M, to pay such delinquent
assessment, together with costs Of adyer
Using and expenses Of sale.
FRANK A. GIBSON.
Temporary Secretary Herald Puhushing
Company.
Angeles, Cal.
March "a, 1897. Oy4
The herald., 1897-04-29
FOR THE BENEFIT CONCERT
The Apollo Club Rehearsal-Mme.
de Seminario

|
The members of the Apollo club and
Nine. Yda de Seminario, soprano, who
are to give a grand concert in about two
weeks, for the benefit of the unemployed,
had full rehearsal at the club rooms
on South Broadway last evening. The
program is of exceptional merit and the
rehearsal indicates a rare musical treat
for those who attend the concert. The
Merchants and Manufacturers associa-
ton chamber of commerce and the Fiesta
committee have endorsed the club in its
proposed benefit for the unemployed and
the concert will undoubtedly be largely
patronized.
Nine. Yda de Seminaro is not only a
gifted soprano, but lady of wealth and
refinement. She came to Los Angeles
recently from San Francisco, where she
resided for some time and was well
known in musical and society circles.
She appeared as soloist in the grand
oratorios of the Redemption" and the
Messiah" directed by James Hamilton
Howes, which included the best singers
of San Francisco, San Jose and Oakland
with chorus of 300 voices.
She has voice of good range, remark
able power and purity. Nine. de Semina
rio has studied under the best English,
French, Iatlian and German masters,
and is also an excellent foreign linguist,
Her husband is now in Ecuador, where
he has extensive cocoa plantations. He
also has business interests in Paris and
Berlin. The madame and two cons have
located in Los Angeles and Senior de
Seminario is expected here shortly. Gen
Ricardo de Seminario, nephew of the vice.
president of Peru, who led the victorious
army in the recent revolution in that
country. is a relative of Nine. de Sem
mario. He was in San Francisco short
time ago and was given important public
recognition.
The herald., 1897-04-29

most certainty that there will be at
lest seven or eight starters on Satur--
day, which will be the biggest field in
the history of recent long distance rae
ing.
The special match in which Ruin
hart and Buckwa figure has at last been
arranged. The Pacific Coast Jockey
Club has agreed to add $3.50 for a mile
race on Saturday The starters and
weights are: Buckwa, 1926; Ruinhart,
1872; Altamax, 107, and The Roman l04.
This should prove to be capital race,
and If the weather permits this sea.
sons sport at Ingleside will close in
blaze of glory.
RACES AT FRESNO
FRESNO, April 2S.-A large crowd
witnessed some good racing at the fair
grounds this afternoon. The first race
a inie-sixteenths of a mile dash, was
run within half second of the worlds
record, Quicksilver winning in 541s see
onds. The second race, a half-mile dash
for ponies, equaled the worlds record
for that class, Lady Fleet winning in
so seconds fiat. Two favorites and one
second choice won the events. Wealth
er fine; track fast.
Nine-sixteenths of a mile-Quicksil-
yer won, Red Light second, Durango
third; time, :541a.
Half mile for ponies-Lary Flint
won, Perrine second, Paro third time,
80.
Three -eighths of a mile and repeat
Sontag won, Jennie d. second, Lady
Kern third time, :35ia. Sontag won the
repeat, Jennie d. second, Lady Kern
third; time, :351s.
THE TROTTING SEASON
SAN FRANCISCO. April 2s-The
trotting horse men of the state are look
ing forward to a prosperous season
The board of directors of the Pacific
Coast Trotting Horse Breeders associa-
ton met today. Nearly every part Of
the state was represented. A PROPOSE
ton was received from the citizens of
Chico, and a similar one from Willows
offering to raise $1,000 by subscription
among their citizens if the Breeders
associate would give trotting meet
ings in these towns.
The board by resolution accepted the
offers from both towns, and will give
meetings If the conditions are complied
with and enough entries are secured to
insure the success of the meeting.
From reports laid before the board
it is known that there are $50 trotters
and PAGERS in actual training in this
state for this years circuit. About
fourteen consecutive weeks racing will
be given, commencing the last of July
or first of August at Oakland, and end
ing the last of October at Santa Ana.
THE EPSON MEETING
The prince of Wales, Prince Chris
tian and large party attended the Ep-
som races today. The city and subur-
ban handicap of 1000 sovereigns was won
by the duke of Devonshire's Balsamo;
l.. Brassey's bay Ronald second, and
Sir ]. Miller's Largesse third. This
event was one mile and a quarter.
Fifteen horses ran, including Diakka
of the Beresford-Lorillard stables, and
Richard Croker's Santa Anita.
The herald., 1897-04-29
The Closing Exercises

NEW YORK, April 2S.-The closing exer-
cises of the Grant monument ceremonies
took place tonight in the form of recep-
tion in the Waldorf hotel to the naval Of
ficers of the foreign war vessels and those
from the United States. Nearly 1900 invi-
tations had been issued and the spacious
chambers, saloons and corridors of the
hotel were thronged early with men and
women in handsome toilettes. Both ball
rooms were thrown open to the guests at
the reception. Mayor Strong. representing
the city, received with Mrs. Strong. They
were assisted by Elhu Root. Mrs Horace
Porter, Mrs. Henry E. Erben, Mrs. Parke
Benjamin, Mrs. William c. Whitney, Mrs.
George j. Gould and others.