davidaulloa/AmericanStories huggingface dataset:
The herald., 1897-08-04

stock spoke for itself and bore the sig
natures of Bushard and his brother-in-
llaw, j. Mesmer, the latter having been
made by L. G. LIE Sage, nephew of
Nesmers The contention that LIE Sage
had no authority to sign his uncle's
name-and this is the view evidently
that the jury took of the materials
relieved Mesmer from liability for any
part of the Judgment given against
Bushard, but at the same time the action
of LIE Sage takes on new complexion.
If he signed the name OF Joseph Mes
mer to document of this kind, involv-
ing not only the $1,000 of the contract but
the vastly enlarged sums lost by failure
of crops, and impoverishment of the
ground, without any authority, then it
would seem as if his action would suffice
to render him liable in an altogether DIFF
ferent tkind of action than that just con-
cluded
During the trial 1t was currently re-
ported about the court that before the
case began the plaintiffs received an
intimation that if they would accept
$1,000 as damages the case might be set
tied out of court. If that had been done
they would have been just so much
ahead, while now they might gladly
make over the Judgment of $250O against
Bushard to Mesmer if the latter would
just pay the Jury fees.
On the first trial of the case judgment
against both defendants was obtained
for $4,000; on the second trial the amount
awarded has arisen to $2500, but with
Mesmer out OF it the Judgment is waste
it is said, and the third trial may prove
the charm. A motion for a new trial will
be made on the grounds of errors of law
during the trial of the case, and par
ticularly in the instructions to the jury,
and that the verdict was contrary to the
evidence.
The herald., 1897-08-04
EXPRESS COMPANY SUED
By the Atlantic and Pacific Company
for S77,911.12

Wells Fargo & Co. were sued yester-
day in the circuit court by c. w. Smith,
receiver of the Atlantic and Pacific
Railway company for alleged breach of
contract.
The complaint is voluminous, not to
say ponderous document, which prays
for judgment in recovery of the sum of
$77.911.12 and costs, and contains copies
of contracts and other evidence which
claim certain agreements made with the
defendant express company as to rates,
etc, by which it is alleged the latter
was to pay plaintiff 81 ,450, 900 annually,
the railway company to divide that sum
among its tributaries.
The complaint further claims that on
the 9th of May, 1896, the defendant COM
pany entered into new agreement with
the Railway company in the way of busi-
ness over it's lines which was to last from
May 1, 1896, to January 1, 1903, and for
this service the receiver claims certain
sums in payment were guaranteed. He
further alleges that from May, 1896, to
July, 1897 $15,07S.96 were due, Of which
but $9S, 900 has been paid. Therefore the
suit to recover the balance which is
claimed to be $77,911.12, together with
the costs of the suit.
The herald., 1897-08-04
Court Notes

In the suit of Matheason ct al. VS.
Wibbett, Judge Allen yesterday ordered
judgment in foreclosure for plaintiff in
the sum of $25SS. 40.
James B. Collins was yesterday ar
raigned in the justice court with having
embezzled the following miscellaneous
goods from one S. A. Smith: A bureau
valued at IS; a mirror, valued at SO so;
Winchester rifle, $40; camp outfit, $40;
a cross-cut saw, hammer and drills and
halter; the whole outfit being valued
at $65.
The charge preferred against S. Bland,
of cutting ditch at Santa Ana Springs,
was yesterday dismissed by Justice
Young. Marius Meyer the prosecuting
witness and Bland own adjoining prop
critics, and difficulties have arisen over
water rights. Bland lifted the water
gate as he thought he had the right to
do, and if in the wrong Meyers recourse
lay in a civil action.
The man who impersonated Thomas 8
Botello pleaded guilty in the township
court yesterday to the charge of having
obtained $21.35 in cash and goods to this
amount of S11.40 from G. H. White by
false representations. He claimed that
he owned a band of sheep and had mon
ey on deposit in the Kern County bank.
Justice Young sentenced the Sonoranian
to fine of $50 or thirty days in Jail. He
accepted the days.
Myrtle May Porter, Is years of age.
was brought before Judge Allen yester-
day on the application of her father
that she be committed to the home for
feeble minded children at Eldridge. So
noma county. The girl has from infancy
been very backward, and is given to the
bad habits that indicate weak mind.
The girl is however, obedient and quite
tractable, but in order that she have the
training desirable the requisite order of
the court was made.
The herald., 1897-08-04
ALGER HAS A FRIEND
ONE MAN IN LOS ANGELES WHO
BELIEVES IN HIM
Colonel Lawton Recounts His I'M
pressions of the True Inward
ness of Alger's Mind

Col H. N. Lawton, inspector general
of the United States army, who has re-
Gently opened an Office in the Wilcox
building, returned from Washington a
few days ago, where he had long talk
with Secretary Alger in reference to the
San Pedro harbor matter AS a result
of the interview Col. Lawton Is firmly
convinced that the action which has
been taken by Mr.. Alger was not
prompteH by any prejudice which may
have been imputed to him in the matter.
"Mr. Alger stated his position to me
in such manner that no one could doubt
his sincerity in the matter" Col Lawton
said. He gave as a reason for his ac-
ton the ambiguity of the act passed by
congress. He thinks that it will take
S., 900, 900 to complete the work necessary
to make a harbor of refuge and COM
merce, while only $4,000, 600 has been ap-
propriated for that purpose. Under
these conditions he feels that the matter
ought again to be explained to congress
and more deliberate action taken by that
body. Secretary Alger has no intention
of trying to get the work done at Santa
Monica or any other point, but simply
wants to do what is right and for the
best interests of the whole people.
This criticism of his action in the
newspapers is all wrong, and l believe is
done for political purposes. He has re-
ceived many threatening anonymous let
ters from this section since this matter
came up and is aggrieved that he should
be suspected of such motives as are i'm
puted to him?'
Col. Lawton was asked if he thought
from his conversation with General AL
ger that work would begin on the harbor
when the senate had done with the
question, but stated that he could not
say.
The herald., 1897-08-04
AN UNPLEASANT EXPERIENCE
A Visitor Who Was Mistaken for a
Tough Customer

A rather funny little incident took place
in the county Jail the other day, and the
facts have just been permitted to leak
out.
A rather innocent looking German
named Frank Schneipp meandered into
the sheriff's office and asked for pass
to go into the Jail. He told Under
Sheriff Clements that he didn't want to
see anyone in particular but just to
have look around. He was given the
magic paper that caused the ponderous
gates to swing open and at the inner
portal he was handed over to trusty
named Kelly to be shown around.
Kelly didn't waste much time in either
showing Schneipp around or explaining
the processes of every day life with the
average jail-canaries, but took him al
most direct to the bath room-Kelly's
own particular charge. He closed the
door and familiarly, if somewhat gruf-
fly addressed his companion:
Now get move on, chummy, and get
your duds off," he remarked.
Schneipp didn't understand. what's
dot you say?" he inquired.
Holy smoke!" was the somewhat
lidlC cASldlId llOIl, ye lnlIk you came
in here for teaparty? Take your duds
off and have a scrub"
But 1 don't want scrub" retorted
Schneipp II had one on now already"
and look of alarm began to appear in
his eyes.
''I don't give - If you've had two
scrubs you're going to have another, so
look slippy," and suiting the action to
the word Kelly indicated the urgent ne
cessity that existed for haste on
Schneipp's part.
Dutifully garment after garment was
laid aside until Schneipp was almost
ready to pose in the altogether" About
that time one Of the Jail officials hap
pened along the corridor and took in the
situation. He explained to Kelly that
Schneipp was visitor to the Jail and not
a newly arrived prisoner. 1t didn't take
many minutes for Schueipp to again don
his clothes and he made his exit from
the jail at 2:40 gait
The herald., 1897-08-04
THE FRUIT CASE
A Verdict for $4,000 That Does Not
Mean Anything

The jury in the fruit case of Ford
ct al against Bushard & Mesmer were
ready to return a verdict when court
opened yesterday. 1t had taken them
all night, however, to wrestle with the
two special interrogatories presented for
their consideration.
The first of these was: did defendant
Joseph Mesmer authorize L. G. LIE Sage
to sign his, Mesmers, name to the
written document?" The answer made
was no"
The second was: WAS the defendant
Joseph Mesmer shown the contract af-
ter his signature was attached thereto
by LIE Sage, and before the delivery
thereof?" The answer made in this in
stance also was mo-"
When the verdict was read by the
clerk of the court it was discovered that
the jury had awarded the plaintiffs
damages of $250O against the defendant
Bushard. The jury upon being polled
stood nine to three. Foreman Hinckley,
Earl and Taylor were the dissentients.
1t was understood that the first two of
these were for the defendant as against
the plaintiffs and the latter was in line
with the majority of the jurors, only
that ne believed Mesmer to be equally
liza BILE with Bushard.
In certain respects this case has been
an exceptional one. The plaintiffs suf-
fered damage in having nursery stock
shipped to them other than the Wash
ington nave1s and Mediterranean sweets
called for by the contract. That fact
was apparent from the first and the only
point in evidence being presented re-
garding the Homosassie orange stock,
the kind actually supplied, was to mini
mize this damage. The contract for the
The herald., 1897-08-04
THE CREEDE CONTEST
New Points of Dispute Injected Into
the Case

Yesterday when the probate calendar
was called in department two, Judge
Allen presiding in the absence Of Judge
Clark the attorneys concerned in the dis
position of the estate of the late Nicholas
C. Creede were fairly falling over one
another in their attempts to file notices
of opposition and contests.
Mrs Louisa Creede, the widow Of the
deceased millionaire, had previously filed
her petition for family allowance, and ].
S. Chapman, who was appointed by the
court to watch the interests of the little
heiress, Edith Dorothy Creede, yester-
day put in an opposition to the sum OF
$3.50 per month, asked for, with the fam
lily residence, being granted to Mrs.
Creede, and the following reasons:
First-The little girl is the adopted
daughter of Nicholas c. .Creede, deceased,
but not of Louisa Creede. Second-The
rights to an allowance to Mrs. Creede and
the minor child are dependent upon en-
tirely different grounds, and that Mrs.
Creede has no right to the custody or con-
troll of the child. nor is in any manner
responsible for her support. Third-A
petition in on file by Mrs. Edith Scots
Bashford, mother of the minor, asking
.
person and estate of Edith Dorothy.
Fourth-That the guardianship of the
minor is also claimed by William PhNer,
and that no decision has yet been made
determining who is entitled to the GUS
tody and control of the child, or to apply
for a family allowance for the support
of the child, or to receive any allowance
that may be made to her or for her sup
port. For these reasons it is prayed that
action upon Mrs. Creede's petition for
family allowance be postponed. until it
is determined who is entitled to the GUS
tody of Edith Dorothy Creede.
Then Attorney Finlayson put in an
opposition to the petition filed for the
probating of the last will and testament
of the late Nicholas c. Creede. The va
lfdity of, the will is the key to the whole
situation, and therefore the grounds of
opposition are of unusual interest.
The grounds are set forth in the follow
ing document filed as follows:
That Louisa Creede is an heir at law
Of the decedent, to-wit. the surviving
widow, and is interested in the estate
left by him. That the document offered
for probate is not the last will and teta-
ment of the decedent That the docu-'
ment was not signed by the deceased nor
by any person in his presence, nor by
his direction. That the document was
The herald., 1897-08-04
PERSONAL

Mrs. and Miss Larramore left yester-
day for Catalina.
L. R. Garrett left yesterday on a six
weeks business trip in the east.
Frank Dominguez is spending several
weeks vacation at Catalina island.
Judge Thomas of Phoenix, Ariz, is in
the city on his way to the Klondyke.
Judge J. S. Chapman and family are
occupying their cottage at Santa Mon
lea.
L. L. Bowen left yesterday on busi-
ness trip to Denver, Kansas and ST.
Louis.
Rev. w. T. Campbell and wife of Mon
mouth, ILL.,, are guests at the Hotel Ra-
mona.
Juan L. Marshall and sister of Mazat-
Ian, Mexico, are guests of relatives in
the city.
Judge B. N. Smith and family left yes
terday for couple of weeks recreation
at Catalina.
merly city treasurer of Indianapolis, is
in the city with the intention of locating
here.
Mr.. Graves was so well pleased with
Southern California that he is liable to
sell out his Iowa farm and come here to
reside.
George Cook of the Chicago publishing
firm and a we'll known authority on
Sunday school work, is in the city for
several weeks.
Rev. w. Foulkes of Salinas, Kas., who
spent a few days very pleasantly in Los
Angeles, departed yesterday morning
for his home. Mr.. Foulkes preached at
the Welsh Presbyterian church Of this
city Sunday.
Mrs. S. E. Williams, wife of leading
physician of Lake Crystal, Mimi, who
has been visiting relatives and friends
in Los Angeles left Monday morning for
Fairhaven, Wash, where she will visit
her brother, Prof. w. J. Hughes and
family on her way to her Minnesota
home.
A. W. Graves of Coon Rapids Iowa
left for his home yesterday after a
months visit to relatives in this city
where family reunion took place at the
residence of Mr.. and Mrs. N. L. Graves
All the children were present, namely;
Mrs l.. M. Holt and Mrs. j. C. Salisbury
of this city, and A. w. Graves of Iowa
The herald., 1897-08-04
Clear the Way


For the escape from the system of its waste
and debris, which, if retained, would
vitiate the bodily fluids and overthrow
health. That important channel of exit.
the bowels, may be kept perfectly free from
obstructions by using the non-griping,
gently acting and agreeable cathartic, Hos
letters Stomach Bitters, which not only
liberates impurities, but invigorate the lin
ing of the intestinal canal, when weakened
by constipation or the unwise use of violent
purgatives. The stomach, liver and uri-
nary organs are likewise reinforced and
aroused to healthful action by this benefi-
cent tonic and corrective, and every organ,
fiber, muscle and nerve experiences share
of it's invigorating influence. Unobjection-
able, thorough, a most genial and whole
some medicinal stimulant, and owing its
efficacy to botanic sources exclusively, it
is the remedy best adapted to household
use, on account of it's safety, wide scope
and speedy action.
The herald., 1897-08-04
COURT CALENDAR
Cases to Be Called in the Several De-
partments Today

DEPARTMENT ONE-Judge Smith.
In holiday recess.
DEPARTMENT TWO-Judge Clark:
In holiday recess
DEPARTMENT THREE-Judge York:
In holiday recess.
DEPARTMENT FOUR-Judge Van Dyke:
In holiday recess.
DEPARTMENT FIVE-Judge Shaw:
In holiday recess.
DEPARTMENT SIX-Judge Allen.
(22 926) Mills ct al VS.. Sweet ct al.
(27,S97) Eads VS.. Kessler; trial.
TOWNSHIP COURT-Justice Young:
Holmes VS.. Larkin; 80.
People VS.. Botello; 1880.
Begue VS.. Rico ct al; 2:30.
The herald., 1897-08-04
Abstracted Newspapers

Bennie Robbins is a bad little colored
boy. He sells papers and yesterday
morning when he had disposed Of his
bundle insisted in drawing upon the
supply of fellow newsboy smaller than
himself without the latter's consent. He
took two or three papers away from the
boy in spite of his objections. officer
Sparks saw the affair and Bennie was
hustled up to the police station, where
he was locked up on charge Of petty
larceny.
The herald., 1897-08-04
Left for the Klondvke

Eugene Fouk and bride of Redondo
took the Southern Pacific train at Ar
cade depot last night bound for the
Klondyke gold fields. The woman goes
prepared to endure the hardships of the
trip, and determined to do SO rather than
be separated from her husband They
have taken along large supply of pro-
visions and expect to be gone two, years.
The herald., 1897-08-04
To Be Called Tomorrow

DEPARTMENT ONE-Judge Smith:
In holiday recess.
DEPARTMENT TWO-Judge Clark:
In holiday recess.
DEPARTMENT THREE-Judge York:
In holiday recess.
DEPARTMENT FOUR-Judge Van Dyke
In holiday recess.
DEPARTMENT FIVE-Judge Shaw:
In holiday recess.
DEPARTMENT SIX-Judge Allen:
Nothing set
Habeas corpus. Jeanette Thompson.
TOWNSHIP COURT-Justice Young:
People VS.. Compton; $3.50.
People VS.. Ware; $3.50.
People VS.. Davis; $3.50.
Boyer VS.. Martin; 1890.
The herald., 1897-08-04
Jeffersonians Concur

The Jeffersonian society met last night
and unanimously adopted the resolu-
tions which were adopted the night pre-
vious by the Democratic city central
committee in reference to the position
taken by Mayor Snyder, City Engineer
Dockweiler and other Democratic city
officials on the water question.
The herald., 1897-08-04
The Divorce Mill

Mary c. ANYWAY was granted decree
yesterday by Judge Allen, divorcing her
from LIE Grand M. ANYWAY, on the
grounds of desertion and failure to pro-
vide. The couple were married in Feb
ruary, 1891, at Denver, Col. and within
the year the husband cleared out. It
The herald., 1897-08-04
Dyea via san Franci SEQ Ssz

Passengers for Dyea must leave Los An
geles on II a. m. train August 6, 1897. En-
gage your passage of DeCamp G. Lehman,
213 South Spring street.
The herald., 1897-08-04

For steam, gasoline or electric pumping
plants see the Machinery and Electrical
company, 351 North Main street.
The herald., 1897-08-04

Hawley, King G. Co.. cor. 9Th st. and Bwy.
agents genuine Columbus Buggy company
bugges and Victor bicycles.
The herald., 1897-08-04

The electric trolley has supplanted the
use of horses in running the street cars
of Charleston, s. G.
The herald., 1897-08-04

was perhaps the best thing he could do,
for during the months he lived with his
wife he contributed the magnificent sum
of 81 to her support, and that was all.
The herald., 1897-08-04
Our Home Brew

Maier y Zobelein's lager. fresh from their
brewery, on draught in all the principal
saloons; delivered promptly in bottles or
kegs. Office and brewery. 44o Also street;
telephone 81.
The herald., 1897-08-04

Largest variety Concord business wag
ons and top delivery wagons. Hawley
King & Co.
The herald., 1897-08-04

Agents Victor. Heating. World ani
March bicycles. Hawley, King & Co.
The herald., 1897-08-04
DEATHS

Everything on wheels. Hawley, King &
Co.. cor. Fifth street and Broadway.
The herald., 1897-08-04
.IOTTINGS

All prices of wall paper greatly reduced.
A. A. Eckstrom, 1924 South Spring street.
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1897-05-12
Good News for ASSESSORS.

Judge George S. Criswell, of Venango
county, has handed down an important
decision in the case OF John Mcpherson,
assessor, vs.. the county Of Venango, that
will not only affect the assessors Of that
county, but the State at large. The COM
pulsory education law of May l6, 1885,
calls for the enumeration Of all of the
children of each county between the ages
of S and l3 years 10y the assessors and
states what their pay shall be, but does
not state from whom they shall receive
their compensation.
For this reason Mcpherson sues the
county To recover for the work. In Judge
Criswell's opinion he states that as the
county pays the assessors for all other
work they are liable for this also. This
decision viii be hailed with delight by
all of the assessors, as they have attend
ed TO it without compensation so far and
now they will be sure of getting their
pay.
The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1897-05-12
wEBER's REAL WIFE APPEARS IN THE
COURT ROOM.
The Man Cody Denies that he Ever Saw
Her Before.

The hearing of Mrs. Ella Weber .hsrc-
ca with passing counterfeit money. held
ne'ore Judge Burlington in the United
s,laies District Court, at Pittsburg. last
week, developed the fact that the defend
ants alleged husband has wife and fam
lIy who formerly lived at lockwood.
"eoer was placed ON the stand and i'm
reply TO aquestion by the District Attorney
saiu that he was married to the defendant
l. years ago at Ligonier by a Justice Of the
feace. lie refused 10 state .he name of the
Justice and denied that he had married
ahother woman under the name of
oharies +. Weaver in 1871, and lived
with her at lockwood and Johnstown
antil L years ago, when be deserted her
and her seven children.
Mrs. Weaver. said to be the deserted
wife, was then brought into the court
room and the witness denied knowing
her or ever having seen her.
Attorney Griffith said that if he was
Mrs. Weber's husband he was incompe-
tent as witness. Weber lefl the stand
and Mrs. Weber, the defendant, stepped
INTO the witness box. She told the same
story in regard to her marriage as her
supposed husband, but flatly refused TO
say who performed the ceremony or who
was present at the time OF the marriage.
She said her maiden name was Smith.
and denied that her maiden name Vas
Ella Short and that she was a daughter of
Noah Short. She further denied that she
fDFnnarlx- II.
the residence of Charles +. Weaver and
that she eloped with him when he desert
ed his wife and children.
rs. Lydia Weaver, who claims to be
the wife of Mr.. Weber, testified that she
married Weber in 1871 under the name of
Charles +. Weaver. She said the defend
ant Is the daughter of Noah Short. and at
one time worked for her AS a servant and
subsequently eloped with her husband.
Friday was the first time she had seen
him since four years ago, when he visited
his children of which she is the mo her,
who live with her in Somerset county.
She positively identified Weber AS her
former husband.
g. T.. Hoover, OF Hooversville, identi-
fled Weber as having been known under
the name of Weaver and married 10 Mrs.
Lydia Weaver. lie knew the defendant
since she was a girl and said her name
was Short.
Attorney Marshall then placed Mrs
| Weber, the defendant, On the stand. She
insisted that her maiden name WAS
| Smith.
The jury returned a verdict of guilty
and recommended the defendant 10 the
mercy of the court.
Monday morning Mrs. Weber was sur
| rendered by her bondsmen. Only one of
! the former bondsmen was willing to go
her hail. Her attorney finally consented
to become one OF her sureties, and she
was saved from going back to Jail.
! Charles Weber, her husband, was tax
en- from Jail 10 the United States district
attorneys Office to see his wife. lie ask
ed Commissioner :. c. McCandless for a
preliminary hearing at once, but was in
formed by Attorney 5. b. Griffith that
the government was not ready. Mr..
/ Griffith told him not to worry, that the
charge of making counterfeit money, on
which he was now held, is not the only
one to be made against him.