davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1897-04-03

convicted and an appeal is taken to the
Supreme Court the rule in regard to the
presumption of innocence changes. Tnis
must necessarily be so.
1t has been recognized by courts as ele-
mental through all the history OF criminal
Jurisprudence, said Judge Wallace, vet
here for The first time was the spectacle of
the presumption OF innocence following
the defendant to the appellate court. He
could not understand this strange condi-
tion OF affairs, for he read IN the opinion
of the Supreme Court that no errors in
the law had been committed in the trial
court.
Judge Wallace said he could not OK
actly understand Justice Temples re.
mark that the conviction of Buckley was
an outrage. He did not know of any out
rage in the case, as the trial had been
properly conducted, and the jury was
composed OF citizens OF exceptional intel
ligence.
A remarkable phase of the matter, &C.
cording 10 Judge Wallace's ideas, was that
man o. Justice Henshaw's erudition
should have signed the opinion in the
Buckley case, which he said was a clear
divergence from the established rule of
law In criminal jurisprudence, and then
forty y-eight hours Later give utterance to
the learned opinion in the Durrant case,
which is based on the true theory of GRIM
inal law and practice and conforms with
the requirements of the cons .itution of
California. He was forced TO the conclu-
sion that the signing of the Buckley
opinion by Justice Henshaw was the re-
suit OF inadvertence resulting from the
practice of sending opinions around TO
the various chambers of Justices for sig.
natures In the Supreme Court instead of
having the opinions considered at a gem
eraI meeting Of the Justices.
However, 1t appeared that there was
some hope, for as The Durrant decision is
later than the Buckley decision, Judge
Wallace said 1t must be accepted that the
Buckley case was thereby ovelruled, and
proceeding on that theory he would deny
the motion 10 discharge the prisoner from
custody. II the Supreme Court should
issue mandate for the release of Buckley
that order would be obeyed, of course, but
until the doctrine laid down in the Dur.
rant case is reversed by The appellate
court he would not be a party to any such
proceeding.
The second trial was set down for
Nav "a
The San Francisco call., 1897-04-03

I decision Judge Wallace said it appears
that the Supreme Court does not consider
a postponement of one day q postpone
ment at all. If this be true, he remarked.
then the trial courts must be in an unset
tied state touching this question until the
mum ber of days delay required to consti-
tute a postponement has been determ ined
on by the Supreme Court. If one days
delay does not constitute a postponement,
would two? Would 1t be possible under
this rule to say how many days delay
would constitute an actual postpone
ment2
The Supreme Court now complains that
its calendar is congested with appeals in
such matters, yet if this rule is not speed
lily brought to a definite Interpretation the
appeals from the criminal courts all over
the State will be greatly increased in num-
ber.
This phase of the decision, however. did
not receive so much of Judge Wallace's
criticism as did that part in which the
Supreme Court dealt with the alleged in
sutficiency of evidence to sustain the ver-
dict and the rules of law touching the
province OF the Supreme Court in review
ing the acts of the lower court.
His Honor had before him paper con-
tanning extracts from the Buckley de-
cison. put in contrast with other quota
tions from the decision in the Durrant
case, which was handed down two days
later.
Afler reading these quotations. which
for convenience Judge Wallace had placed
In the form OF the ''deadly parallel" so
often resorted to by journalists as well as
jurists, his Honor made some "free- hand"
comments which proved entertaining to
the many members of the bar who were
present.
In regard to the presumption of inno-
cence. Judge Wallace said that no such
presumption exists in the appellate court
When a man Is charged with a crime the
presumption is that he is guilty or no war
rant could be issued for his arrest. When
he is placed on his defense and he pleads
mot guilty. the presumption is in favor
of his innocence. This presum ption must
be overcome by the prosecution, who must
prove the guilt of the defendant beyo yond
reasonable doubt. Alter the prisoner is
The San Francisco call., 1897-04-03
LOOKED VERY ODD
TO JUDGE WALLACE
Two Supreme Court Deci-
sions in Deadly
Parallel.
Alleged Discrepancies in the
Reasonings of the Learned
Justices.
Durrant's Case Contrasted With the
Case of Buckley, Convicted of
Election Frauds.

Judge Wallace made scathing speech
from the bench yesterday touching recent
Supreme Court decisions when the case of
Jerome A. Buckley came up for hearing
on an application to dismiss the prls oner
from custody. Justices Temple and Hen
shaw were referred to in terms polite but
caustic. and the conditions of iurispru-
dence in California were dwelt on al con-
siderable length.
Buckley was an election officer in 1894
and was accused of having altered the re-
turns of the precinct in which he acted
as clerk of election. At the trial the tally
list alleged 10 have DC en- tampared with
The San Francisco call., 1897-04-03
WATCHING FUBLIO BUILDINGS
Union Workmen Determined That They
Shall BE Erected Prmerlx

Union WOrkmen Determined TIL at They
Shall Be Erected Properly.
At meeting of the Building Trades
Council Thursday night a communication
was read from three stone.cutters who
had an unpleasant experience at Sites,
Colusa County, where the stone for the
new ferry depot building is being taken
ont. The writer's are J. C. Pierce of 2I6
Linden avenue, B. F. Carter OF 1854 Four
teenth street and Frank Bealer, who lives
at the New Washington Hotel.
They stated that alter one days work
they were offered by the foreman
20 NeilD 20 cents an hour for nine hours
work, which they refused to accept. They
The San Francisco call., 1897-04-03
ADJUSTMENTS.

FALpwIS THEATER Hamlet"
CALIFoRNJA THEATER--" La Juive"
COLUMBIA THEATER For Fair Virginia"
MoRosco ERA-HoUsE = The Dago.
: hLcAzAR THEATER New Blood
TIvoLI OPERA HOUSE Don juan"
oFPHEUM.- Ugh Glass Vaudeville
GOLDEN GATE HALL-Camil.a Urso, this after
neon
B." OBERoN. Grand Concert.
MECHANICS PAvILIoN--B Bicycle Races
LURLINE BATHs.-Salt Water Bathing, etc
SUTho BATHS Bathing and erformances.
J EE. CHCTRs AND SKATING R1NR-Dahy AZ
1siSht street, one block e; st of the PARK.
- fGCIFICCoAsT JOCKEY CLUB.-Races to-day.
The San Francisco call., 1897-04-03

The cost of crr mating body In France
is only francs, equal to IS 6i,
The San Francisco call., 1897-04-03
AUCTION :ALtS.

.PY ]. c. MUTHER-This day, April 3. Groceries.
at the orner of Golden Gate avenue and Scott ST.,
at II O'clock.
IY VoN. RHEIN & Co.-Tuesday, April 6,
FeAl Estate, salesroom, 5lS California street,
st u O'clock.
The San Francisco call., 1897-04-03
@. CURTIN
Gil and 9l3 Market Street.
IIlA IlIAIA

NEW TOD To-Dax-AMUsEMENrs.
The San Francisco call., 1897-04-03
Town Talk.

In this weeks Town Talk the Saunteier lis
cusses among other light topics of interest
Cissy and her tights, disclosures in Justices
courts, recent engagements, weddings of inter-
est, local Hibernian Journalists erratic dofngs
abroad. club talk, entertainments OF tae i'm
mediate past and future, Mayor Phelan and
the kinetoscope. q darkey story and other
chatty anecdotes Musical critics review re-
cent events, the stage is seen through n crit
les glass and literary matters receive careful
attention. "Our Opinion" treats OF points for
students OF economics, the Valley road and
new constitutional convention. The entire
number is brightly entertaining ana insirnc-
tive.
The cost of crr mating "a hody IN Fr,nca
The San Francisco call., 1897-04-03
Failure of a saddler.

William w. Wade, doing buiness as a sad
dler under the name OF Wade & Co., las fled a
petition In insolvency. He owes S42OI 80
and has no available assets
The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1897-06-24
Who's the Lucky Man?

A fine opening is offered to some per-
son who may wish to buy or rent the
Anidrosis Saniarium property in this
place as the present business is to be
transferred to the Quinnebasset. The
Sanitarum has store, office, laboratory,
eight fine sleeping rooms, with parlors,
30 plate dining room and fine convenient
kitchen, with laundry, coal room,
cellar, ETC., below. A bargain awaits
somebody.
DIR. s. F. CoNANT.
The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1897-06-24
Selling Out.

| will sell you boilers, nickel tea-ket-
ties, pals, pans, agate tea-pots, iron
kettles, cook stoves, parlor stoves, sinks,
gutter, sheet iron, wire, ETC., etc., at
wholesale prices as am going to close
out this week. Yours Respectfully,
NJ. G. BAKER, Island Ave. tin shop.
The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1897-06-24

Have your pictures framed at Folsom
and Varney's. Att
The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1897-06-24
Ladies' Hose.

Full Fashioned, extra length, ribbed
top hose at 80 cents, 4 prs. SI.oo.
Fine ribbed finished foot hose IS cents
pair.
One lot full finished hose at II cents,
prs. 50 cts, worth IS cts. a pair.
One lot extra fine, double sole, high
spliced heels, 3S cents, worth 50 cents
pair,
10 doz. 20 gauge, absolutely fast blacl
hose IS cents, prs. Is cts.
About IS doz. hose 8 cts. pr, ) prs
20 cts.
One lot out size hose at IS cents pair
Extra length, fast black.
The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1897-06-24

p. Shave just received assortment of Prin
and PercaIe Wrappers, Ladies' Leather Belts and SOM
very pretty Shirt Waist sets.
The daily morning journal and courier., 1897-04-30
IYALLING FORD ETENTS.

Circus Manager Goodrich stated early yesterday morning that every time he had ever struck Wallingford he had had some trouble, and expected that that he had always come out all right in the end, and in spite of his difficult said, was a good shown town and SC considered on the road. He wished he tend with and take some method of forestalling the same. An hour later he struck the first installment of his woes. He had got the tent all up on what he supposed was the land he had leased of H. F. Hall when he was sur prised by visit from c. H. Tibbitts who informed him that 1le must move his tent from his (Mr. TibbittsD land and the tent was, of course, changed to Halls land.
 Miss Adeline Florence, from Birming- ham, arrived as an inmate at the Ma sonic home yesterday. There are now thirty-two inmates at the home.
 The selectmen of Wallingford and Cheshire were looking over the boun- dary line between the two towns yes terday.
 James Hayden was before Judge Judo yesterday charged with breach of the peace. The case was nolled on paymen of s7.30 costs.
 Goodrichs circus gave two perform ances yesterday and had a tent full and will repeat the same this afternoon and evening.
 The Clarke association under the management of John J. Clarke will give an athletic exhibition in the armory or Saturday evening, May 15. A dozen ol more we'll known boxers from New York and other places will participate
 John Vibbert was before Judge Judo yesterday afternoon charged witt drunkenness and was fined S1 and costs Last evening he was still in the lookup not having the cash to settle up
 Manager Foragty has been unable t( arrange any ball game for tomorrow.
 Mir. and Mrs. Brice Rundie of William street have new boy baby which ar rived yesterday.
The daily morning journal and courier., 1897-04-30

while actually employed, and shall be allowed for office expenses a sum not exceeding $1,200 in any one year."
 Schedule M, by MT. Keeney of Coven- try in section 6, line Il, strike out the words: "To the acceptance of the high way commissioner"
 Orginal-When a road has been con- structed in any town under this act such town shall thereafter keep such road in proper repair, to the acceptance of the highway commission.
 Schedule P, by MT. Smith, of section 6, line 6, after word "one" insert "one- fourth" In line 8 strike out all after word "constructed" and insert "one- fourth of cost shall be paid out of treas ury of the county in which said road was constructed" In section s, line 2, after word "one," insert town in any one," In section g, line ,, after
 borough" insert roads first construct ed under this act shall be the main highways leading through towns of the nearest city or borough and continual tion of any road or roads under the act of 1895 where such roads have been constructed
 Schedule O. by MT. Frisbe of Farm l ington, in section 5, lines 49 and 50, strike out words owning steam road
 roller and stone crusher." The follow ing clause is the one aimed at by the gentleman from Pennington: When ever the selectmen of any town owing a steam roadroller and a stonecrusher shall desire, in behalf of said town, to do the work of improving public road
 under the provisions of this act, they shall submit their bids to the highway commission at least one day prior to the l day specified for the opening of the other bids, as stated in the advertise
 ment for bids, and all bids submitted in
 behalf of towns shall be subject to the requirements made and provided for in
 this act.
 | Schedule S, by MT. Heath of Vernon,
 in section ?, line 6, add after the word
 allowed" the following: Five hun
 dred dollars or such part thereof as
 may be necessary for" The original
 bill reads as follows; And each com-
 missioner shall be allowed his actual travelling expenses while officially em- ployed, and the commission shall be al-
 lowed it's office expenses not to exceed 1 $1 900 in any one year.
The daily morning journal and courier., 1897-04-30
Brief Mention.
High water to-day at 10:21 a. m. Buy a farm.-R. B. Baldwin.

High water to-day at 1O:21 a. m.
 Buy farm.--R. B. Baldwin.
 Morris Cove lots-$5 down; $5 month Iy; buy of owner, E. M. Clark, AZ Church.
 Ideal building lots, Lake Whitney; get maps. Edward M. Clark, 42 Church.
 Professor and Mrs. James Pierpont start for Europe, May 26, to spend a vacation on the continent.
 The Rev. s. s. Martyr of Derby, late 1y of this city, officiated at the funeral of Mrs. Eunice Thomas in Derby, yes- terday. The interment was in Ever green cemetery, this city.
 The Rev. Dr. Chapman, pastor of the First M. E. church, who will remove his family to this city soon, will occupy a house in Wall street, nearly opposite the Church of the Redeemer, and the church parsonage will be renovated and rented.
 Druggist T. c. Trefry and wife, who left this city, Tuesday for Yarmouth, Nova Scotia, were to sail from Bos- ton for Yarmouth, yesterday. They were accompanied by their daughter and Mrs. Trefry's mother, and expected to remain in Nova Scotia until late in the summer.
 Lewis Huntingdon Hyde, Yale '97 was united in marriage Wednesday noon at the Church of the Transfigura- tion, New York, to Mrs. Mary Stevens of Hoboken, N. J. The groom is the son of Mir. Lewis A. Hyde of Norwich Conn, and is lawyer of New York The bride is a well known society wo- man of Hoboken of great wealth.
The daily morning journal and courier., 1897-04-30
GOLD-FILLED GLASSES

VI V 1 A) l AL C L/ >A LII NI o LI N1 $1.25 Spectacles and Eye glasses. They're the two dollar grade. The price stands good for three days
 Friday, az day. Saturdy, oH day and egenzn,g: Monday, az day and e0emzne. The best lenses and your eyes tested free.
 EYE NEEDS. Such as shades. pads. motormen's eye protectors hand readers, etc All the optical goods priced third under speciality stores
The daily morning journal and courier., 1897-04-30
MILFORD.

Rev. Cornelius G. Bristol of Hartford is visiting his mother, Mrs. Laura P. Bristol on New Haven avenue.
 Dennis Fem had the misfortune to dislocate his shoulder last evening by falling out of his wagon.
 Mrs. F. M Cady of West Haven is street
 Henry F. Wright, one of our veterans fifty-sixth birthday anniversary in a very conspicuous manner, forming a line of march consisting of number of young boys of the town, tin pans, lanterns, flags, banners, jewsharps, etc, on Broad street and paraded through the principal streets, making speeches on different streets. The following was inscribed on one of the banners, Henry Wright is a good man and did not set the hotel on fire, because he was home and in bed" He received many pres ents and also many good wishes, Freelove Baldwin Stowe chapter, Daughter of the American Revolution, held it's regular meeting to-day at the
 residence of Mrs. Henry c. Platt on Broad street. The house was finely decorated with flags and bunting and some very choice flowers. Flags were draped around a large picture of George Washington. After the meeting re- | treatments were served.
 | The Milford Wheel club held it's reg
 ular weekly meeting last evening.
The daily morning journal and courier., 1897-04-30
NEW ADYERTISEMENrs TO-DAY

NEW ADYERTISEMENTS TO-DAY. Bicycle Suits-F. NJ, Brown X Go. Coffee and Tea-Goodmans Tea Store. Cycle Shoes-Surety Shoe Store, tertainment-Hyperion Theater. For Rent-Rooms-64S Elm Stret. For Rent-Storage-4S Winthrop Avenue. Francis-Baker and Caterer.
 For Rent-Houses-Wm II. Beecher x Son. For Sale-Bay Mare-6S4 Chapel Street. Great Sacrifice Sale-C. E Longley x Co. Household Linens-Chas. MOnsOn Co. Lawn MOwers-Linsley X Lightbourn. No Restfiction-O. A. Dorman Co.
 Planos-M. Steinert X Sons.
 Remnant Friday Malley, Nicely X Go. Strayed-Horse-A. D. Kingsbury. Turkeys and Chlckens-D. NJ. Welch X Son. The Spring Shoe Show--N. H. Shoe Co. We Strive to Improve-Howe & Stetson. Watch This Space-Blogg X Brother. Wanted-Situaton-33 Grand Avenue. Wanted--Situation-21 Poplar Street. Wanted-Situation--1 Anderson Street. Wanted-Girl-156 Grand Avenue. Wanted-Horses-4S Winthrop Avenue. Wanted-Position- A. M. Howard Manted-Dressmaker- DiXwel Avenue. Wanted-Situation-111 Portsea Street. Wanted-Situation-45 Webster Street. Wanted-Situation-- This Office. Wanted-Situatlon-4 Putnam Street. Wanted-Situation-2 Church Street. Wanted-Situation-43 Congress Avenue. Wanted-Situation-3 Elm Street. Wanted-Situation- Franklin Street. Wanted-Boy-Colleg and George Streets.
The daily morning journal and courier., 1897-04-30
MAKE YOUR WAIST?

MAKE YOU K WAlS l
 Lots of pretty Irish Linens with dainty dots and tiny stripes on white goods and the hard-to-get black and navy blue. All 36 inch all 48c yd.
 All ready for the summer dresses
 Silk Stripe Batiste, 3a inch, 2oc Plain Batiste, sa inch, 1sc., 25c., soc yd Plain Linens, 32 inch, I5c., 18c., 25c.
 soc, yd Homespun for Skirts, 27 inch, special,
 1oc yd A GREAT BIG TURK
 Fifty inches long, twenty two inches wide. Best Turk ish Towel we know of for 1oHc.
 STERLING SILV'R SALE Friday morning-choose at o7c. Just about seventy pieces. Pretty little individu- la ware, very appropriate for birthday or wedding present giving, such as:
 ALL AT o7 CENTS EACH. Cream Ladies, Olive Spoons. Orange Spoons. Horse Radish Spoons.
 Oyster Forks. Butter Picks. Butter Spreads. Sugar Shells
 Tea Spoons and Forks.
 Ice Cream Spoons.
 All of 'em stambed "sterAng "sz2uer," most of 'em gold lined bowls with rich 'rococco' or dainty beaded handles. Friday, choose at o7c.
The daily morning journal and courier., 1897-04-30
Local Weather Report.
 FoR ApRIr. 2a l9Q1
Mean temperature. 54 Max. temperature, 72. Min. temperature, 36.

Mean temperature, 04 Max. temperature, 72. Min. temperature, 36. Precipitation, 0 inches. Max. velocity of wind. 2s-NW. Accumulated excess of daily mean tem- perature since January l. 240 degr ees: or an average daily excess of 20 degrees. Total deficiency in precipitation since Janu- ary 1, 401 inches
 U. G. MYERS. Observer. Note.--A minus sign (-) prefxed to ther- mometer readings indicates temperature be- low zero.
 A TT" in connection with rainfall indl- oates a trace of rainfall too small to mea- sure.
 Snow Is melted and resulting depth of water not stated.
The daily morning journal and courier., 1897-04-30
GLOVE NOVELTY.

Two-clasp Chamois, made with silk fourchettes' between the fingers, Cheeks perspira- tion-soils.) Iii yellow and whites, heavy black and color ed silk stitch backs. Very cool, very comedy. Are $I.oo OTHER CHAMOIS GLOVES, z5c.
 In two-clasp, four-button or Mousque- taire styles
The daily morning journal and courier., 1897-04-30
Pianos Moved, No Damage in 30 Years,

We will tune the piano for one dollar and move it at the lowest possible price Our men do nothing but handle pianos and as they are constantly handling ouI own expensive and beautifully cased in struments, they have learned to be care full in the minuteSt details.
 c. M. LOOMS SONS,
 ap2S St S33 Chapel St.
The daily morning journal and courier., 1897-04-30
Lot 5. All at 43c.

Very desirable lot of pret- ty, fancy Black Silks. Sur ahs and Choice Chinas. Lengths, one to three yds.
 zHese a0ere 6oc.
The daily morning journal and courier., 1897-04-30
Pianos Moved, No Damage in 30 Years.

We will tune the piano for one dollar, and move it at the lowest possible price. Our men do nothing but handle pianos, and as they are constantly handling our own expensive and beautifully cased in- struments, they have learned to be care full in the minutest details
 c. M. LOOMS SONS, ap2S St S33 Chapel St.
The daily morning journal and courier., 1897-04-30

| Gas consumers contemplating a
 change of residence at this season are requested to notify the Gas Co. by pos | tai, or otherwise as early in advance as | possible. a27 St
The daily morning journal and courier., 1897-04-30
WEATHER RECORD.

AGRICULTURAL DEPARTMENT
 OFFICE OF THE CHIEF
 OF THE WEATHER BUREAU WASHINGTON. D. C.. April a9. 1897, pm. Forecast for Friday: For Connecticut: Increasing cloudiness with showers Friday night; warmer Friday and colder Friday night: variable winds be- coming northery.
 For Eastern New York: Increasing cloudi- ness with showers; colder; northerly winds.
 Local Weather Report.
 FOR APRIL %. 1897.
The daily morning journal and courier., 1897-04-30

The Woman's Seamen's Friend socie- ty will hold it's monthly meeting Mon day, May 3, at p. m at the Bethel, 61 Water street.
The daily morning journal and courier., 1897-04-30

ap28 St
The daily morning journal and courier., 1897-04-30
THERMOMETER TIME

THERMOMETERS TIME Coming along pretty quick Big choosings here in hand some hardwood thermometers brass and nickel trimmed with ma:gulfed quacksa20er tube. All sizes and prices, 3oc to $I.oo.
 1EWELRY MENDING and optical goods repairing both done at the Optical Goods Dept.
The Providence news. (Providence [R.I.]) 1891-1906, 1897-04-29

GAVE UP HER WHEEL,
How the Day Family Of Brooklyn
Was Reunited.
Home Had Been Broken Up Through
Woman's Fondness for the Bike.

Brooklyn, April 2a--Little Mrs. Ellen
Day, who lives on Fiity-eighth street,
near Third avenue has made up her mind
that husbands $ love is preferable to a
bicycle. Her husband being n poor man
she could not have both. She has given
up the wheel.
Mrs. Days husband, Clifford is a
motorman, employed by she Nassau Rail-
road Company He was arraigned i'm the
Butler Street Police Court yesterday on a
charge Of abandonment. Tho charge
was made some time ago and the case
came up for a hearing before Judge
Iighe yesterday.
Day, in his defence, said his home
was happy one until his wife purchas ed
"a bicycle. He earns only Sll week, yet
sne insisted on having "A wheel
III was not even on the ground Of ex-
pense that Day objects most strongly co
MS wife's fondness for cycling. He has
other reasons
His work begins at 4 30 in the morn
ing and ends at 3 o'clock in the after
noon. He says that when he returns,
tireu and hungry. he finds an empty
nome. His wife has gone out awheeling
as general thing ana their child is be-
ing cared for by some ncighbors. often
be had to go to bed hungry or prepare his
own supper.
II told my wife" said Dav. "that she
must give up her wheel or | would leave
her she refused To give up the wheel so
left. Mrs. Day, who had been listen.
ing TO all this, turned to the Justice and
said, with little 500 in her voice
Judge, i have given the wheel away. "
Now, y said Judge Tighe, Il think
the cause of the trouble has been removed
ana you had better make up and be
happy.
Day and his wife thought so, too. and
they went out of the court together,
smiling.