davidaulloa/AmericanStories huggingface dataset:
The herald., 1897-10-22
Travel in Kentucky

I was trying to find my way to Col.
Ted Baxter's on George Greek, eastern
Kexztucky, and got lost.
1 met an old man with a gun on his
shoulder and six hounds at his heels.
I'm trying to get to Col BaXter's,"
said, as I drew rein.
Don't keer ef yer ar" returned the
old man, unlipping a gill Of tobacco
juice ard looking up sharply in my face
I'm lost" coCtinued.
"Well, eff you know emmy O. the land
marks, We so straight on this road till
We come to whar old Bob Peters cut the
gizzard, outen ole Tobe Mason. Thar the
road splits, an you go to the left, about
200 yards till ye reach the'spot whar Ben
Carpetner split ole John Capfield's brain
box open with er handspike. Go orthen
little furdsr whar Johr1 Simpson let
daylight into ole Nose Turner with
butcher kife, an thar the road cracks
open, agin, an, you take to the right an
go on till ye cum to whar sent gourd
full O. buckshot into ole George Lem
mos lungholder. Thar ye take to the
left agin, an keep goin' till ye reach
house whar an ole man asS an ole wom-
an are drunk in the front yard, cuss.n
an fightin'. AK if Col. Baxter lives
thar, an he'll say: Vas, darn ye. Git
down, take a short o. moonshirIa, an
make yerself to home! "-Chicago
Tribune
The herald., 1897-10-22
To Show for All His Legal
Documents
PLUMMER'S FUNNY POSITION
CHILD REFUSES THE LOVE OF
HIS MOTHER
Coal Companies, Like Others, Must
Sue With Clean Hands-Stray
Papers A Diamond Suit

Judge Van Dyke was busy most O.
yesterday in listening to the case of M
NJ. Hays vs.. Eugene r. Plummer, Mar
cia A. Plummer. w. N. Hollway and
John p Mccormick, suit for judgment
on $500 note, given August IA, 1896, by
Defendant Mccormick and secured by
q mortgage which Mccormick had or
property Of the two Plummers at Po-
mona, and which Mccormick had as
signed 10 Hays. Judge Van Dykes de-
cision of the matter brought to close
a chain of unusual and diverting Incl
dents.
On August 5, 1896, Mccormick, a con-
tractor, agreed to build a house and
barn for Plummer and his wife for $11S3,
and the Plummers, to enable Mccormick
to raise some money, mortgaged the lot
upon which the buildings were to be
erected to Mccormick.
Mccormick assigned the mortgage to
Hays nine days later as security for a
loan of $500, with interest at per cent
a month With this money Mccormick
bought about s100 WORTH of building ma
terial and placed it on the Plummer
property. Hardly had the work of con-
etruction begun when Hollway brought
suit against Mccormick for sS3, which
he claimed as commission for having Sc
cured the Plummer contract for McCor-
mick In this suit Hollway was sue
cessful, and secured judgment for s5S,
having been paid s25 during the pendency
of the suit.
The building material on the Plummer
lot was sold to satisfy Hollway's judg-
ment, and this left the lot as innocent of
buildings as it was at the very beginning.
Mccormick was unable, then, to put
up the house and barn.
The Plummers sued Mccormick on a
bond on the contract to build, signed by
A. H. Statham, and secured judgment in
the full amount of $11S3. AS McCor-
mick and Stathan, however, had no Wis
ible money or property, the Plummers
gained nothing from their judgment.
About this time Hays began the suit
which was heard yesterday. The suit as
to Hollway, was only to quiet title, and
he did not appear. The court decided
that there was no consideration for the
$11S3 note, except McCormick's agree
ment to build, which not having been
Carried out, Ildue the HOle NOlUI as TO NC
Cormick. 1t was found, also, by the
court, that as Hays knew for what pur-
pose the note was given, he could not
gain any more advantage from it
than Mccormick, and that therefore the
noNe was void as to him also. The note
being disposed of, the mortgage fell with
It, and there was nothing left to Hays
but his $500 note against Mccormick.
Upon this Hays was given judgment
The title of the Plummers was decreed'
to be free of the void mortgage.
The only man, with the exception Of
the attorneys in the case, who appears
to have made anything out of the two
notes, mortgage, contract and bond is
Hollway, who is $S3 in cash ahead of all
the rest
The herald., 1897-10-22
COURT CALENDAR
Cases to Be Called in the Departments
Today

DEPARTMENT ONE-Judge Smith.
Nothing set.
DEPARTMENT TWO-Judge Clark.
N. P. Q7sS) Jaret-Simpson; petition to sell
real estate.
N. P. (224S) Emma M. vanderlip; probate
of will.
Q1,66O H. c. Lincoln; final account.
(95S6) Hiram Francis; final account.
N. P. (65) Michel Wagner; final account
and distribution.
Q5,4S9) Bridget c. Kennedy; confirma-
tion of sale of real estate.
o. p GOD Jean Louis Vignes; letters with
will annexed.
N. P. (626) Camilla w. Lanford; final ac-
count. and distribution.
N P. (2163) Moses c. Dunkelburg; letters
with will annexed.
N. P. Qs3S R. A. c. Wilson; petition to
set apart whole estate to widow.
N. P. (2224 Isaac c. Williams; probate of
will.
N. p Q19O Louise Madeline Stout; mat
ter of estate and guardianship; second
annual account.
n. P .(221S) Henry Eisfeler
DEPARTMENT THREE-Judge York.
26,76G Brown VS.. Mill.
DEPARTMENT FOUR-Judge Van Dyke.
(2s,675) Woollacott VS.. Hoppe.
DEPARTMENT FIVE-Judge Shaw.
(2S,529) Bush VS.. Way.
s,0O6) Morlux VS.. McLain.
DEPARTMENT SIX-Judge Allen.
(2S,740) Henry VS.. Gerdts.
TOWNSHIP COURT-Justice Young.
Gibson VS.. Tobin, supplemental proceed
ings; 4:30 p. m.
Smith VS.. Sadkes; 4:30 p. m.
Dorsey VS.. Beatus; 4:30 p. m.
Cleburn vs. Decker; 4:30 p. m.
Howard VS.. Whiting, trial; 80 p. m.
Adcock VS.. Cowell, trial; 2:30 p. m.
Hersey VS.. Shibley, demurrer; $3.50 a. m.
To Be Called Tomorrow
DEPARTMENT ONE-Judge Smith.
2434 Frank S. Crandall; to plead; murder
2435 Ralph Lowell; burglary; arraign-
ment.
DEPARTMENT TWO-Judge Clark.
(29153) A. Ionic VS.. NJ. T. Owens.
DEPARTMENT THREE-Judge York.
Nothing set.
DEPARTMENT FOUR-Judge Van Dyke
(27933 Los Angeles Safe Deposit Co. VS..
Pasadena and Mt. Wilson Railway Co.
DEPARTMENT FIVE-Judge Shaw.
Nothing set.
DEPARTMENT SIX-Judge Allen
Nothing set.
TOWNSHIP COURT-Justice Young.
Holmes VS.. Brown; trial; $3.50 a. m.
Schumacher VS.. Prizgirt; trial: $50 a. m.
Richard VS.. Appel; supplemental pro-
ceedings; p. m.
Vawter VS.. Lewis; trial; 1870 p. m.
The herald., 1897-10-22
COAL COMPANY DEFEATED
Its Petition for Protection Against a
Rival Denied

A demurrer to the petition in the ca ase
Of the Crescent Coal company vs.. the
Diamond Coal company was sustained
by Judge York yesterday in an opinion
which sets forth the reason why the
plaintiff is not entitled on his pleadings
to an order restraining the defendant
from using the name Diamond Coal
Company" and black parallelogram
with the word. coal" thereon as busi-
ness devices.
The plaintiffs petition recites that ii
has sold other coal than that of the kind
designated as BLACK Diamond COAL"
and has used the same black palallel-
ogram to designate it, with Miners of
Black Diamond Coal'' thereon instead
of the words before mentioned The
court concluded his opinion with the
statement:
"a pleading is to be construed most
strictly against the pleader. If there
is any doubt as to the meaning of Ian
guage in a pleading the doubt is to be
resolved against the pleader On such
rules of construction it appears that the
plaintiff has been engaged in the bus-
ness of selling other than Black Diamond
coal as Black Diamond COAL and
on the reputation which was es-
tablished for the Black Diamond coal.
This is deception of the public, and by
reason of such deception the plaintiff =
action necessarily asks the court for
assistance to maintain that deception.
1t is obvious that such a position can
not be maintained. A party who comes
into court of equity asking relief must
come with clean hands The allegation
referred to being true, the plaintiff can
not maintais an action for an injurc-
ton. 1t therefore follows that the de-
murrer should, be sustained and it is so
ordered"
The herald., 1897-10-22
SUNSET CLUB
To Discuss Reasons for Failure of the
Administration of Law

AT its monthly dinner, to be held this
evering at the Maison Doree, the Sunset
club will listen to symposium on rs
the constitution of our courts, the law
yer or the layman responsible for fail
ure ira the just administration of the
law?" The discussion will be opened
by NJ L. Graft. Esq, and as the mem
bers have taken an active interest in the
subject some interesting views are ex-
pected to be presented. Dinner will be
served at 6 sharp.
The herald., 1897-10-22
New Suits Filed

The following new suits were filed in
the county clerks office yesterday:
Union Mutual Building and Loan As
sociation vs. Annie Keen ct al.-Com-
plaint for foreclosure of mortgage on
lot T. in block 81, Of the Los Angeles I'M
provement company's subdivision of
lots 2, 8. and S, block 80, Hancock's sur
vey. The promissory note which the
mortgage secures is for $780,
Theodore Pickens vs.. Electa c. Rouse
Suit to quiet title to irregular parcel of
land in Los Angeles county.
Charles ]. Shepherd and William Card
we'll vs. Natividad Redona ct al.-Suit
to quiet title to sixtyfoot lot on New
High street.
Fred Barrett VS.. Frank Lewis ct al
Suit to quiet title to two lots in the Wash
ington Heights tract.
The herald., 1897-10-22
SOME DIAMOND LAW
Identity Established by Circumstan-
tial Evidence

Judge York rendered judgment in ths
case of Augusta Truman vs. John w
Young yesterday, that the plaintiff
should, be given possession of diamond
which was set in ring stolen from her
nearly two years ago. The diamond was
sold by the thief to Young for 500, a.
though its market value was $685. 2-3
at the time. The plaintiff was unable
to identify the diamond positively at the
trial, but the court decided that its
identity was established by the fact that
it was of the same general appearance
and quality as the one stolen from the
plaintiff, and also by the great difference
between the amount paid for it and its
real value which threw suspicion on the
title of the seller. The court found also
that the defendant had admitted that
the diamond probably belonged to the
plaintiff, although he did not say go at
the trial.
The herald., 1897-10-22
COURT PAPERS DISAPPEAR
A Badly Mixed Appeal Case From
Calabasas

Judge Ballard of Santa Ana, now hold
Ing court for Judge Shaw, yesterday
listened to evidence in the case Of NJ
L. Reyes vs. Vincent Yturaldo, on ap-
peal from Justice of the Peace Browns
court, of Calabasas. Both parties were
present with great array of witnesses
and sympathizers, although the amount
in dispute is only $299 Reyes wants that
amount for damages which he says the
sheep of the defendant did when they
broke through the division fence and
ran over his horse pasture. Justice
Brown evidently did rot consider the
matter very serious, wher he had it ir
his court, for he gave the plaintiff judg-
ment for only 81 and costs.
1t was discovered, after Judge Ballard
opened the case, that the transcript Of
the proceedings in the lower court had
The herald., 1897-10-22
Loved His Grandmother Best

Judge Clark was engaged yesterday
in the hearing Of the petition of Guada-
lupe Reese for the custody of her L
year-old boy Edward. Since his father
became insane, the little chap has lived
with his grandmother, Mrs. Ramona
Reese, and when recently Mrs. Reese
went to the old lady's home for her in
FAINT son she met with a fiat refusal to
surrender the boy. The grandmother
had grown to love him and he had for
gotten his mother, clin'ging tenaciously
to his grandmother. A decree was grant
ed by the court awarding the child to his
mother, but it was found necessary to
literally tear him away from the wo-
man whom he has come to look upon as
his best friend.
The herald., 1897-10-22
Court Notes

In Judge York's court John R. Thur
man was ordered to pay his wife s25
month alimony and SIS costs, pending
the disposition of the divorce suit recent
ly instituted against Thurman by his
wife.
Judge Allen gave judgment yesterday
for $596s44 In favor of the German Saw
ings and Loan society and against A. W.
Eames ct al. and for foreclosure of
mortgage on two lots in the Mooney &
Meyer tract.
Supreme Court Justice Hen shaw went
to San Francisco yesterday. Chief JUS
tice Beatty and Justice Mcfarland will
leave tomorrow for San Francisco, the
former on the steama1p Queen, and the
latter by rail.
The herald., 1897-10-22

gone glimmering. The court endeavored
to ascertain. from the attorneys. where
the papers were. but without success.
Then he tried to ascertain what the
papers contained and was told by each
attorney stories which tailed pretty
closely with the interests of their re-
spective clients As this line of pro-
cedure was unsatisfactory, the court
asked Justice Browrs what he thought of
the matter, and the justice had to admit
that his recollections concerning the
case were somewhat vague. AT o'clock
the case was dragging wearily along,
with the hearing of witnesses, and was
continued till this forenoon.
The herald., 1897-10-22

1t is evident that Stephens & Hickok. the
Columbia bicycle representatives, have
found regular Klondike in Columbia
Chainless, now being shown at their store,
.33 South Broadway.
The herald., 1897-10-22

for stealing it. Thus the two state
ments differ and it will be left for JUS
tice Morrison to decide between them
when the case comes up for trial on the
30th inst.
The herald., 1897-10-22
To Facilitate Mail Delivery

The serious inconvenience that has
been found at the postofflce in handling
the eastern mails will be in great me as
ure, done away with by an order just re-
ceived from Washington, which author
ICES Chief Railway Mail Clerk j. M.
Johnson in sending two men to Bagdad
every day to sort and distribute the east
ern mails before they reach the city,
H. G. Shung and w. r. Hanna are the
clerks appointed for the work.
The herald., 1897-10-22
Tha San Gabriel ELECTRIC compan,

The San Gabriel Electric company, now
developing the water powers in the San
Gabriel river, will be in position to supply
arc and incandescent lights and power for
all purposes February l, 1898, at prices
lower than can be made by companies
using steam. They would. therefore. re-
spectfuly request that users Of light and
power make no contracts extending be-
yond February !, 1898. Consumers will find
1t to their interest to wait. San Gabriel
Electric Company.
The herald., 1897-10-22
.IOTTINGS
Our Home Brew

Maier = Zobelein's lager. fresh from their
brewery. on draught in all the principal
saloons: delivered promptly in bottles OF
kegs. Office and brewery. 40 Also street:
telephone 81.
The herald., 1897-10-22

Hawley King & Co. .cor.5th st. and Bwy..
agents genuine Columbus Buggy company
buggies and Victor bicycles.
The herald., 1897-10-22

Largest variety Concord business wag-
ons and top delivery wagons. Hawley,
King & Co,
The herald., 1897-10-22
FUNERAL NOTICE

Everything on wheels. Hawley. King
G. Co.. cor. Fifth street and Broadway.
The herald., 1897-10-22
Brirhs,s snec,al neI.x.ex

Will check baggage to any part Of the
world. One trunk. 35c; round trip, 5Oc
iO4 S. Broadway; tel, main 40.
The herald., 1897-10-22

Agents Victor. Heating. World and
March bicycles. Hawley, King & Co.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1897-05-19
Not In Accord with Stage.

Alonzo Stage, the Chicago university
athletic director, seems to have stirred
up connection in the west because he
does not like the A. A. u. registration
plan. J. II. Maybury, president of the
Western Intercollegiate association, has
received the following from Gustavus
Kirby, wEo represents the National In
tercollegiate association at A. A. U.
conferences: 1.-THE Intercollegiate Asso-
citation of Amateur Athletes, to which
many of the colleges of the Western In
tercollegiate association belong, is not
in accord with the stand taken by Alonzo
Stagg of Chicago university in regard to
the registration of college athletes. The
relation of the A. A U. and its regis
tration legislation to the colleges is
probably misunderstood New York
Sun.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1897-05-19
ALL SORTS OF SPORTS.

Casper Leon and Jack Ward were
matched recently to box 20 rounds early
in April.
Charley Mitchell, the pugilist, has de-
posted 3d. to bind match with
John l.. Sullivan.
Aug - and II are the dates set for
this years national regatta at Philadel-
phia. If the national bicycle meet could
be run off the same week, Philadelphia
would be called upon TO entertain a
great crowd of visitors
William Gilfoil says that Jack Cur.
ley, the middleweight, will box An
drew'Walsh at l5S pounds, and he says
that if any club will take the bout he
will promise one of the liveliest enconn-
ters seen in long time.
Allen Risk, the Connecticut trainer
who bought the PAGER Reward j, 2:104,
at the Lackey sale, will probably cam
paign him. A private match at live
birds between Peter Murphy of Phila-
delphia and NJ. o. Feudner of San Fran
cisco is talked of for decision shortly.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1897-05-19
IN BEHALF OF BRUSH.
Good Words For the Manager of the Gin
cinnati Baseball Club.

No matter where the Cincinnati club
may land in the championship race the
coming season. there will be no open
ings left for the enemies of the club to
accuse Mr.. Brush of being stingy or
lacking enterprise. The top notch has
been reached in the matter of bonus
money by that club. Not in years has
any league or association club spent as
much money for the privilege of nogo-
tiating with players as the Cincinnati
magnate has.
Already about $11, zoo has been paid
out by Mr.. Brush for talent with which
to strengthen this years team, and
from indications it looks as though still
more cash would have to be parted with.
This large sum of money is a substantial
rebulle to those who have been continu-
ally harping on the idea that John T.
Brush is always looking for the best end
of it i'll a financial way. At the close of
last season Mr.. Brush said that no
money would be spared to strengthen
the Reds and put them in the race this
season. Captain Manager Ewing select
ed Breitenstein but, although costing a
cool $4,000, the mighty left handler
was quickly landed.
Then Short stop Corcoran was spotted,
and again the Cincinnati owner went
cunning but this time he had to deal
with Charley Byrne, past master in
/ the art of trading players, and before
/ the deal went through Smith and Fisher
/ and 81 600 had to be given up by the
]
| and 800 had to be given for Short Stop
Richie, whom the Brooklyns had draft
ed from the Eastern league last fall
| Should Ritchie fail to fill the bill in the
short field additional money will have
/ TO be given up.
Corcoran would come down off his
perch for about $500, but John T. has
taken it into his head to discipline the
stubborn short stop, and there is no tell
! ing who will win the battle If the Gin
virrati club does not start off with the
bunch and keep in the first five clubs
until the middle of the season, barrels
of money will surely be lost, and a
weakness in the infeld would very likely
drop them back into the second division.
Captain Ewing has not given up hope
of landing Corcoran and has written
him several letters, unknown to Brush,
bat so far without result. If the Gin
cinnati club should fall down, Cor
coran's wait would be a good one, but
should the club win and Richie prove
a capable fellow Mr.. Corcoran's name
in the future can be written without
capital letters. Washington Star.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1897-05-19
Screen
Doors.

Fancy FRONT c Rem DOORS
Window Screen good ones
Pain and Fancy lt's time you
were let'iug these summer ne es-
Il les. Flies and mosquitoes will
soon nc help in AZ undan"e. And
your home hould be proof against
these pests.
There is not ing Ike go d fly
and mosquito pro f house for real
true erjoyme t
We keep in touch with your
needs.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1897-05-19
BASEBALL BREVITlES.

The New Yorks have had some very
bad weather at Lakewood, n. j.
Holmes signed with Louisville Oh the
same terms as his last years contract.
Billy Lush, the Washington right
fielder, will practice left hand hitting
this spring.
The Cincinnati players are delighted
with the form shown by young Richey,
the new short stop.
Atlanta is to have ball club, not
withstanding the disbanding of the
Southeastern league.
Nick Wise, with the Brocktons last
season, is looking for position on some
eastern or western league team.
The Bostons will be given great re-
ception in Baltimore on the 22d of
April, when the season opens there.
The Georgetown university team of
Washington set the ball rolling in a
game at Washington with Johns Hop
kins university.
On the score cards this year Sockalex-
is, the perambulating cigar sign of the
Spiders, will answer to the Jerry Simp-
son title Of Sock.
Paul Hines has given up hopes of Sc.
curing minor league franchise and
will accept an office in Washington un
der the present administration.
On the Orioles are three sons from
out the occident and all from San
Francisco-Back Stop Clarke, Second
Base Man Reitz and Twirler Joe Corbett.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1897-05-19
OF Course Nome Came.

First Burglar-How did yer keep the
coppers from interruptin yer?
Second Rurglar-While / was crackin
the safe / just kept yellin, "Perlioe"-
Pearson's Weekly.
The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1897-05-19
The Reason Why.

"How my mouth waters!" exclaimed
the Mississippi river.
"That's because you are coming to a
bar, replied the gulf of Mexico. Chicago
Tribune
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1897-02-18

well guarded what they have left that
all the fun of stealing it has gone
But it was q great time while ii lasted,
and the men who did not own q foot
of timber, and yet sold from $40, 600 to
800, 600 worth Of logs every year, were
many. There were men who could
neither read nor write who did q busi-
ness of $50, 600 a year, and did all the
figuring in their heads, who are now
working at small pay for the lumber
companies they used to deal with.
Fortune, says the proverb, knocks once
at every mans door, but often he is
not a home. Fortune in this case was
kicking at every lumberman's door
hard enough to break it down.
- G.. C.. KELLY
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1897-02-18
SUB Rosa
DOUBLE AFFLICTION.
". 81. Chadbourne Loses Wife and Child
). Within Twelve Hours.

w. ii. Chadbourne Loses Wife and Child
So Within Twelve Hours.
A double sorrow has entered the
house of W. II. Chadbourne, who lives
at the corner OF Seventh avenue and
Pine street, within twelve hours.
Hardly had the husband and wife fully
realized that their little son was dead
before the. dread messengerca again.
and took the wife and mother away.
About four years ago Mr.. and Mrs.
w. II. Chadbourne were married at
Los Angeles, Cal. They were as happy
t "a couple as one would care to see, and
when a son was born to them two and
a half years ago, it seemed. as if their
Icup of happiness was filled to the brim.
The little one was not strong, however,
and Saturday evening it passed away
from consumption. At noon yesterday
Mrs. Chadbourne died from the same
cause. Mr.. Chad bourne has lived in
Seattle for nine years. He is well
known and has many friends who will
mourn with him in this double sorrow.
Seattle Post Intel ligencer, Feb. s.
The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1897-02-18
S RAY FERNS.
LAKE FREMONT, Feb. I6, 1897.

LAKE FREMONT, Feb. is, 1897.
Tom Kaliher and Gus Swanson are
home from the pineries.
B Fred a. Pratt was up from Mime
apolis the first of the week.
It showed nearly every day last week
and ended Saturday with an old time
blizzard
Miss Daisy Bailey, OF Meadow Vale,
has been engaged to teach our school
this spring.
Mr.. Robertson, the renter Of the
Bowles farm, is pressing and shipping
hay to T. NJ. Roberts, of Minneapolis.
f I. W. Bean was in Princeton the lat
ter part of last week with some dressed
poultry which was shipped to Duluth
and Brule, Wis.
crp Poe 4s