davidaulloa/AmericanStories huggingface dataset:
The herald., 1897-02-13
AN AMENDED JUDGMENT
An Opinion Rendered by Judge Allen fn the
Niles Case Against the City

In the suit of N. S. Miles et al vs. the
city of Los Angeles eft al, Judge Allen
handed down an opinion The
1l involved was the right of the
rt, after final entry of judgment
the conclusions Of Law and the
ut.
in his complaint alleged that he
owner of and entitled to the pos
f certain premises, described by
f.- les; that defendant was inter
his possession; and prayed for
lction The defendant denied
ntiH was the owner of or enti-
he possession of the premises in
It described, and alleged fur
1t certain strip thirty feet in
ascribed in the answer by boun-
as a public street
Inc court, upon the trial, found that
the premises in complaint described
were part of public street, and rem
dered its judgment accordingly The
findings of fact, conclusions of law and
judgment were all regularly entered
December II, 1896 Afterwards, on Jam
uary 2, 1897, upon affidavits presented
showing that the the land in complaint
described was of greater width than
thirty feet, and that the judgment and
conclusions of law included in the prem
iseS described therein more Droperty
than was contended for by the answer
or actually found by the court on the
hearing, the court ordered new and cor
rected findings of fact and conclusions
Of law to be filed, and an amended iudg-
ment in accordance Herewith to be en-
tered; all OF which was done
THE defendant then moved the court
to vacate and set aside the corrected
findings and conclusions as well as the
amended judgment, upon the ground
that the same We're made and entered
without authority of law.
IF the amended judgment" SAYS
Judge Allen, was entered in order that
the judgment should conform to that
announced by the court, there can be no
question of the right to make such
amendment (Frst National bank of
Fresno VS.. Dusy, 10 Cal, page 74). But
the only decision announced by the court
as shown from the record is the findings
of fact and conclusions of law; and the
original judgment as entered is in ac-
cordance with the announced decision,
as shown by such conclusions of law.
Freeman on Judgments, section 20
cites authorities to the effect that
amendments of judgments ought never
70 he permitted to modify or enlarge N,.e
The herald., 1897-02-13

davits to be prepared. The matter will
be again taken up this morning, when it
is expected that there will be some inter-
esting developments in the case.
The herald., 1897-02-13
Randsburg Gold Fields

Reached via Santa Fe route. Leave Los
Angeles 1915 am; arrive Randsburg
$3.50 pm. Through tickets, S6.75.
The herald., 1897-02-13

Hawley, King & Co., cor. Fifth st. and
Broadway, agents genuine Columbus
Buggy company buggies and bicycles.
The herald., 1897-02-13

The genuine Browns Bronchial
Troches" are sold only in boxes. They are
wonderfully effective for Coughs and
Throat Troubles.
The herald., 1897-02-13
Our Home Brew

Maier & Zobelein's lager, fresh from their
brewery, on draught in all the principal
saloons; delivered promptly in bottles or
kegs. Office and brewery, 440 Also street;
telephone 81
The herald., 1897-02-13
.JOTTINGS

Latest style of wall paper at A. A. Eek
stroms, 1874 South Spring street.
The herald., 1897-02-13
To Cure a Cold in One Day

Take Laxative Bromo Quinine Tablets.
All druggists refund the money If it
fails to cure, Csc.
The herald., 1897-02-13

Largest variety Concord business wag-
ons and top delivery wagons. Hawley
King & Co,
The herald., 1897-02-13

Everything on wheels. Hawley, King 4
Co., cor. Fifth street and Broadway.
The herald., 1897-02-13

Agents Victor, Heating and World bicy-
cles. Hawley, King &c Co.
The herald., 1897-02-13
For Mirrors or BeveIed Plate Glass

Go to Fl. Raphael & Co., who are the man.
ufacturers of them, and you will make a
large saving. No 43s and 440 South Spring
The herald., 1897-02-13
Court Notes

Minis, the sister. for probate Of will. The
estate Is valued at SSS1.94.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-01-22
National, Clsth,.r., Association.

An organization was effected In this city yes
terday that is to be known as tho National
Clothiers' Association. Its objects. rs set forth
in the preamble. are ITO foster the clothing
trade of tho United States, to promote uni
formity and certainty in its customs and
usages and harmony of action among those
engaged therein. to reform abuses In tho
trade. secure freedom from unjust exact.ons,
acquire. preserve. and disseminate accurate and
reliable Information relative to the clothing In
dustry, to promote more enlarged and friendly
relations among those engaged therein, to on
courage the establishment Of local associations
in every city where the manufacture OF clothing
Is recognized industry, to the end that the
recommendations of this central body may be
carried into effect.
In the spring of 1901 the Clothiers' Exchange
OF Rochester was organized for n similar pur-
pose. so far aa the Rochester market was con-
cerned, and the successful prosecution of James
Hughes for extortiOn and the su bsequent relief
that Rochester experienced from abuses was the
moving cause OF the national organization,
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-01-22
WAS SIZE ENTICED nv H. CELLAR,
A Twelve fcar-OId Girl Fou.d with .
Fruit Clerk, Who 10 Arrested.

a Twelve fear-Oid Girl Fouud with .
Fruit Clerk, Who 10 Arrested.
A few days ago q letter was received By the
Gerry society setting forth that certain men
employed in the fruit cellars adjacent to wash
innton Market were in the habit OF enticing lit
tie girls into these cellars and maltreating them.
Vincent Pisarrs, an agent Of the society. was
detailed to investigate the matter. Yesterday
afternoon Agent Pisarra saw n littlo girl enter
ing Fruit Dealer Augierla's cellar at Washing
ton street and Park place. Agent Pisarra called
Policeman Holmes. who was on duty In the
neighborhood. and the two went into the cellar.
They asked where the girl was.
The clerk In charge OF the place. Charles Sar-
good. denied that any ono but himself was
there. Then Policeman Holmes went into the
rear OF the cellar and found the girl hiding be.
hind u pile OF orange boxes.
She was questioned. and said that she visited
the place 70 get some oranges. SarRood denied
that Anything wrong had taken place, lie was
placed under arrest. however. and lock cd up in
the Leonard street police station. There he
said he Was % years old and lived at 800 W eb-
strr avenue. Jersey City Heights.
The girl said she was Ada Hawkes., IL years
old. OF NJ Charlton street. She was taken TO
the rooms Of the Gerry Society.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-01-22
THE KNIGHTS EXpEL KLEF,
RESULT OF HIS ADHERENCE IN
THE GERMAN RITUAL, X, or

ne Has started an "Improved Order, a,
which the Ritual May Sc In Germ."
while In the Regular Order 4, \, ~
Ensiish-No Defence Before the Trlbuns,
The Grand Tribunal OF the KNIGHTS Of pv,,.
las, sitting in this city yesterday, eyuel,aa
Charles II. Klee Of Bayard Taylor Ltdee, lh7
Of this city, from the order. The action wa,
taken on an appeal by Alonzo Bcdell, IN.
Grand Chancellor Of the order in this STAT.
from q sentence Of three months suspension
passed against Mr.. Klee by the New yo,l
State Lodge at It's session in Buffalo in 1874
when Mr.. Kieo was charged with conduc, dat
rimental 10 tho welfare Of the Organization
The charges grew out Of the decision Of ,hs
Supreme Lodge In 1894. that all the bushes.
and services of the lodges should be conduct.
ed in the English language.
The Knights of Pythias was organized In
the United States. and 10 a thoroughly Ameri.
can body. les membership includes n larus
number Of German.speaktnp people. and 10,
years tho ritual was printed In that lanvuav.
as we'll rs in English. Some years ago an acl.
tation was begun for the abolition OF the Ger
man ritual. and It was successful in isD2.
Kansas City. Mo-. IL was voted TO do away with
tho German ritual. This action was not unnn.
imous; but Il was GENERALLY accented by tie
Ing OF The Now York State Lodge. The resSiu.
tIon was adopted In spite OF the strength M
the ermsn IN the order in this state. II
caused much dissatisfaction. and Mr.. Klee
was one or the men who mast vigorously op.
posed IL.
SO great was the feeling accused that early
in 1904 Mr.. Klee and several other Ger.
mans started an organization known as the
Improved Order. Knights OF Pythias. In
the ritual was TO DO in German II the
members so desired. and other minor liberties
were ~ 90 allow Cd which could got De had ia
the parent organization. Mr.. K1ee was made
the Past Supreme Chancellor OF the new or.
der. bus he retained his membership In the
original knights. At the next State Lodge
meeting OF the older society Mr.. Bedell, as
Grand Chancellor. brought charges against
Mr.. klee. After prolonged consideration the
lodge found Mr.. Rlee guilty on SOM OF the
charges and sentenced him to suspension ior
three months. This punishment did not seem
sufficient to the prosecutor, and the Grand
Chancellor appealed. The appeal was heard
by Samuel p. Hull Of Albany, James J. Baker
OF Ithaca. and Nathan b. Levy OF this cltv,
composine the Grand Tribunal. MIR. Kies
did not appear to defend himself. nor was am
one present 10 represent him. The trial rro
ceeded. however. and on the evidence that had
been submitted 70 the State Lodge and addt.
tional facts that were presented by Mr.. Be-
dell. the sentence of the lodge was overturned,
and expulsion was decided upon.
Tho original order numbers about.500, 900.
What proportion Of them will support Mr..
Klee IL not known. The decision promiees TO
lead TO serious troubles in the original society.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-01-22
BARTENDER 70 UND DEAD.
Police Informed He was Epii~ptic. hut HIS
WIFE says - Gang Had Threstened Hin,

Police Informed He was Epii~ptic. hut HIS
wife Says - Gang Had Threstened Him.
Thomas Smiths 30 years old. a bartender in
the Hoffman House, at Yesta and Atlantic
avenues. Brooklyn. was found dead shortly
after s o'clock yesterday morning. His body
lay on the granite pavement In East New York
and at the extreme west end OF the yesta ave-
nue. platform OF the Canarsie and Rocks way
Beach Railroad. The discovery was made 10y
Thomas Hunt. an employee OF the Long ISL
and Railroad. who stumbled over tie bod.
A deep cut on The dead mans left eye indicated
that he had been q victim OF violence. Both
Coroner Mason and Police Captain Bald win
were In .iined At first to think that thar and
numerous other injuries which were found in.
dicated an assault. and several detecti .res
were detailed TO make an investigation.
smith lived with his wife and baby IN a fat
at Of Wyoha street. Mrs. smith said thar
there was a bad gang. which hung around tie
ra,iroad PLATFORM. and that her husband once
told her that ne had incurred their luminosity
for some reason and that one OF Them had
threatened To Law him out. The police were
informed later that Smith wac an epll.ptic
and had probably received his injuries by faII.
ing and struggling on the. granite pavement
while suffering from an attack Of that NAL.
ady. HIS wife, however,. said that abe had
never known him to suffer from an rpilcptic
attack. Howard Reid. the proprietor OF The
HOFFMAN House, said that during the four
years smith had been employed by hin, he had
never knIwn MIN to suffer ION epilepsy. The
small change that Smith carried in his pocket
and his watch were not disturbed.
Dr. Valentine said last night that he did mot
consider an autopsy necessary, as in his O, in.
ion the injury resulted from an accidental fall
on the pavement.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-01-22

ne won't he Chinese Iaspecter Lo.e After
the New ministrnt Ion Gomez In.

y ne Sntneee inspector Long Atter
the New Administrntion Comes In.
Customs officials a; tho port of New York
read yesterday the Official announcement from
the Treasury Department at Washington that
Chinese Inspector J. Thomas Scharf. now
located In United States District Attorney Mac
farlane's Office. had been turned down again by
Secretary Carlisle. In this particular instance
Scharf, in one OF his peculiar reports. assaulted
Nelsonw Porter, Deputy Collector OF Customs at
Malone. Scbarrs allegations were n repetition
Of those that he has hurled at almost every
customs official within 400 miles of New York
city. They were investigated by Collector
Weed Of Plattsburg and pronounced to be I'M
founded. Secretary Carlisle ~sustains Collector
Weed and Deputy Collector Porter, and thus
again discredito SchRrf.
SchRrf. according to customs officials. has
Chinese Inspector. nearly four years aao. Not .
single report that he has forwarded to Wash
ington on the smuggling In Of Chinese has been
sustained by the Treasury Department. II 10
one OF the puzzles of Official life why Scharf
was not decApitated long ago. Within the last
week or two reports have been received at the
Treasury Department In Washington contain
ing remarkable testimony about Scharf, and
more reports of q similar nature will be for
warded within q day or so. These reports re-
main private unless Secretary Carlisle decides
TO publish them. Whether or not Secretary
Carlisle. In the closing days OF the Cleveland
administration shall decide to make them
county AFFAIR. are " on to Scharf, and he will
be. tolerated by the McKiniey administrator
only long enough for the New York Republl-
cans to name a man IN his place.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-01-22
LABORERs AFTER MIR. WILLIS.
Water bureau Jobs 60 20 Queens County
60 Sway spriuE Elections.

Water Bureau Jobs 60 20 Queens County
Go sway spriuE Elections.
Three hundred mon who until q few weeks
ago were employed In cleaning the ponds about
Valley Stream and Rosedale. from which Brook
Ign gets n considerable portion OF its water sup
ply. are on the trail of City Works Commits
sioner Theodore b. Willis with demands for re-
inst1tement.
For two hours yesterday afternoon the Grand
Jury room In the Kings county Court House
WAS crowded with these unemployed iaborers,
and speeches were made declaring that they
were being Disseminated against In favor Of
Queens county men 40 as to affect tho coming
spring elections IN the latter county.
A that had laid the grievances of
the men before City Works Commissioned
Willis reported that Mr.. Willis had referred
them to the Corporation Counsel aud tho Civil
Service Commissioners The officials named In
formed the comInittce that the Kings county
men were fully as much entitled to work on the
ponds as were Queens county men.
superintendent OF Ponds George SHELTON of
Rockville Centre. who Is declared TO have said
be had mo use for Kings county men," came in
for severe denunciation from several OF those
assembled. Mr.. SHELTON holds his place under
Chief Engineer Verona of the Water Bureau.
A committee Will again visit Commissioner
Willis to-day ana the Board OF Aldermen may
be appealed to.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-01-22
A Liquor Tax c%srtnont May No sle.ea
Tor Debt.

KINGSTON. Jan. CLAN interesting question
arising under the Rsines law has Just been
passed upon by Judge Clearwater OF Ulster
county. A firm doing business In this city pro-
cured q judgment against James Carney, .
saloon keeper at Saugerties. Execution was
duly issued and returned by the sheriff wholly
unsatisfed. On his examination In supple
mentary proceedings Carney testified that
among his assets was his license as q saloon
keeper. which, lie argued, was exempt. because
by means OF II he obtained u livelihood. The
Judgment creditors, who were wholesale LIQUOR
dealers, commended that the license was not ex-
enpt. and that they had the right TO have 1t
sequestrated. Judge Clearwater held that
under the provisions OF the Raines law and the
statute of exemption n saloon keepers license
was a chattel which could be sold for the pay
nent OF his debts, and he accordingly appointed
n receiver, with instructions Ia take possession
OF the license aud sell II at public auction and
apply the proceeds to the satisfaction OF the
Judgment.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-01-22

The Loser an Actress. who Dropped the
Parse ~Contsining Them.

Manager Bleimsu OF the Herald Square Tho
atre reported to Capt. Chapman OF the West
Thirtieth street station last night that May
LaviRne. who plays q subordinate part in "A
Girl from Paris.' had lost some Jewels Mt the
theatre.
He said that Miss Lavigne. as she was going
on the stnge In the second part Of ths play,
handed her pocketbook, containing . small
Tihany watch. a diamond-studded locket. and
four diamond rlnes. one set with AN emerald. to
When she left the stage the purse was handed
BACK TO her by the prompter and she thrust II
into her pocket. Upon reaching her dressing
room she could not find the pocketbook. She
retrnced her steps on the stage In search Of It,
but was unsuccessfuI.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-01-22
sAxx FAILURE nv Dss xorsn.
The German Savings Bank Loaned Toe
Closely ana Kept Too Little Cssh.

h"NNt w. - A&shNto bNh
DIES MONIES, Ia. Jan. 21.-The German Saw
ings Bank. the second largest bank in the city
in point OF deposits. closed its doors shortly be-
fore IL O'Clock. A notice posted on the door
says that the bank is In the hands OF the as
eiRnee, Harry Blackburn. who only two weeks
ago became Its cashier. Francis Geneser is Presi-
dent. and his son. j. w. Geneser, cashier up to
two weeks ago. Is Vice. President. The banks
capital IL $4,000. which IL was about TO In
crease to SIS. 900. as its deposits were up to the
legal limit for present capital.
The bank owed depositors at It's last report on
the 9th inst. 1854, 1853. and It's assets were s8oI.-
04O.53. The failure was n great surprise.
Great crowds surround the door Of the bank.
Chairman Martin Of the Clearing House Assoc
citation gave out the following statements:
the German Savings Banks affairs Yesterday
and this morning. and 1t was decided that It
Snd the ss' request Ssss e w s.' dsn lss "p fhs tronb 5Gr sis;
that tho bank loaned too closely and kept too
little cash for emergencies."
1893.
This evening on petition of j. w. Gcneser. ex-
cashier. II. T. Blackburn was named ~receivsr OF
the German Savings Bank by Judge Holmes.
The change was made by direction of the
Sss. 81 A 4. SssH e cfG.T to d 1,ej HAS n the s CON;
j. 9. Rounds. cashier u The citi1ens' Nation.
Moines Clearing House, telegraphs that $780,
900 IN currency. will reach here tomorrow for
the Des Moines banks.
The Clearing House this evening decided to
take advantage Of the sixty:day clause to-
morrow. None OF the banks did so to-day, al.
though several had considerable runs. the
savings institutions esrecially. All demands
were easily met. however.
The movement for reorganization OF the Ger
man Savings Is taking definite form and II 10
announced that tho stockholders will meet in q
day or two and arrange II possible to secure
new capital and resume. The stockholders are
s!nort all wealthy.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-01-22
ooLUMBIA,s NEW oYMxAsIUM.
Elaborate PIan. for the Physical Cuitur'
OF the Uptown Varsity Boys.

Elaborate Plans for the Physicai Cuiture
or the Uptown Varsity Boys.
Contracts are about being awarded for the
construction OF q splendid gymnasium in addi-
tion to the other improvements in progress at
Columbia University. Attheir last meeting the
trustees decided to take prompt and favorable
action on the report Of tho Committee on Build
ings and Grounds. which put the case strongly,
as follows:
"A atill further requirement remains to be
met-that of physical exercise. The need for
this will at once be recognized as being espc-
cially urgent in a city university. SO closely
are physical and intellectual Development
connected that n university which seeks
primarily to furnish mental training cannot
afford to DISREGARD the physical side. A gym
nasium for Columbia, therefore. cannot DO
regarded as a luxury. but Is q legitimate part
OF the University. and Is. in some respec Is.
at least, fully a, essential MS any OF the purely
educational building. circumstance have
hsretofore made II Impossible for Columb ls 70
offer It's students an opportunity for physical
conditions. Your committee regard IL as one OF
moval to the new site that an opportunity can
there be afforded for giving adequate training
lieve that such training will tend directly 10 .
higher standard OF scholarship and better in
According to the plans adopted the northern
portion of the gymnasium building will be oc-
cupied by n semi.clrculAr room having floor
space Of 1873 by l13 feet and . height of IS feet.
II will lie lighted by twelve large Window
facing north, east. and west The swimming
pool will be under the gymnasium floor and
lighted from the arc on three sides. II also will
be semi.circulaT. and measure 100 by so feet
with a depth OF 10 feet aud facilities for row.
Ing practice when necessary.
The running track will be carried around tho
gymnasium AS n gallery about twenty feet above
the main floor. and along the second story floor
OF the balance ~ the building IL will DO twelve
feet wide and ure-ninth Of . mile in circuit.
Other parts OF the structure will be equipped on
equally. elaborate lines. with liberal accommo-
dalton Tor fencing. boxing. lockers. shower bath,
ana storage. The entrances. galleries. and sie-
vators are also to be noticeable features of what
promises to be a model homo of physical culture.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-01-22
An hnvit states Too Little.

Some time ago the Building Trades section
of the Central Labor Union made n COM
iiaint to Comptroller Fitch stating that
Ryan q Mcferran, the contractors doing
worN Oh the new alcoholic ward Of Belle
vus Hospital. were employing prisoners from
Rlackwel's Island. 1t was also stated that
these contractors were paying less than union
wages, ana that the men were working more
than eight hours n day. An affidavit from the
contractors was sent to the Building Trades
section at its meeting his week. The affidavit
than eight nourn u day. and. AS far as the con-
tractors know. do not work overtime. 1t does
not say anything about the wages paid, or
ha, decided 10 ask for Information on these
points,.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-01-22

a Cousin or the Murderer Arrested at the
Church Door.

MAMARoSEcK. N. Y. Jan. 21.-Two Of Arthur
Palmer's victims, his mother. Mrs. Harriet
Palmer. and his brother. Leonard. were buried
this afternoon In the Rye Union Cemetery. Tho
funeral services were held in the Rye Neck VI.
4. Church. the Rev. J. Z. Holmes. the pastor.
officiating. PRINCIPAL MeiRhan Of Grammar
School 30. New York city. where Leonard
Palmer was n teacher. attended the funeral at
the head Of forty boys. who were pupils Of The
murdered man. The church was guarded byI
three village policemen. George Palmer. N
cousin OF Arthur. came to tho church. but wa1
prevented from entering. and taken In custody
by the police. He was involved in a shooting
affai- last June In q saloon in Larchmont, and
It 10 said had been making threats recenNI
against some NJ his relatives.
A despatch was received to-day from a Toro a
to physician stating that Arthur Palmer's wild
had been Frustrated by tho news OF her husy
bands crime. No trace OF Arthur Palmer had
been found in Toronto.
The inquest was held by Coroner Banning TOD
night. The jury returned the verdict that Mray
Palmer and Leonard Palmer were killed and
Gertrude wounded by bullets from a pistol lid
the hands of Arthur Palmer. used with muir
derous intent. with u strong probability ID
temporary Insanity" |
The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-01-22
Phantom stock Gnmhmns.

At the trial OF Walter u. Valentine md WI
liam Fender yesterday in the Court OF G.n,raI
Sessions for swindling BY pretended dealinrs In
stocks, Arthur Hercksman. a Hoffman Hons,
walter testified that he had bought 200 share.
OF Old Dominion Lumber Company, s,ock
from the firm OF Valentine d 90, which on.
Grated u bucket shop in West rwsntv'ei, MI
street ,hht, was raided by the police. Hercks.
man SAID that he put up n margin OF So in buy-
lnt tme nlleHeu stock, but the margin was wiped
board. On another occasion he had lost a. IN
the same way, Under cross-examination The
going to the bucket shop after tbs police had