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The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-28

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The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-28
A Pleasant Musicale.

A very pleasant musicale was given at the
residence Of r. II. Morgan, on South White
street, last evening, by Prof. Zeitz and his
class, composed Of Harry Goldin, violin,
with piano accompaniment by Miss Jennie
Goldin; Miss Eva Brewer, violin, with piano
accompaniment by Miss Mile Schmidt,
Piano solos were rendered by Misses Ellen r.
Morgan, Mile Schmidt and Jennie Goldin.
The evening was a very pleasant one, and
the hostess entertained her friends in ex-
cellent style.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-28

A quarterly meeting Of the ~Schuylkill
Homeopathic Society is in session at the Fer
guson House this afternoon. Owing to the
delay Of railway traffic on account Of the
storm but few members had arrived up to
W o'clock this afternoon. They were II, A.
and j. V. Klock, Mahanoy City; e. /. Straub,
Minersville; Grant NJ. Kistler; j. S. and NJ.
S. kistler and ID. w. Straub, Of town.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-28

Ia the matter of the application Of Joseph
Anderson, Of Shenandoah, to be appointed d
County Detective, NJ. NJ. Burke, Esq, fled
Injections with the court to the applicants
appointment. The reason set forth is that
The applicant is wholly incompetent for the
position.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-28
array POINTS.
happenings Throughout the Country
Chronioled for Hasty Perusal.

C~hronicled for Hasty Perusal.
Congressman NJ. II. Kulp, of Shamokin, is
enjoying the climate of Florida and his
friends trust his shattered health viii soon be
restored.
Tho employees in the Ashland and Girard
willie districts will be paid on Friday, the 29th
inst.
NJ. J. Seaman, Of town, made payment on
his 1895 duplicate at Pottsville yesterday.
Shenandoah Commandery, No. 16, S. Of A.,
will hold installation of officers on Thursday
evening next, by District Commander W. II.
Zimmerman. A number of visiting members
from Mahanoy City will be present.
Frank Graham, of Gordon, has been offered
the position Of generalagen for the Diamond
Drill Company, of Tamaqua.
The Kickapoo Medicine Company left town
this morning and will pitch their tents at
S%hepptOn.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-28

A crowded house witnessed the production
of 'O'Flynn's Stone Wall" at Robbins opera
house last night and Tommy and Lottie
Waters made a great hit in it. The skit is a
mirth creator Of considerable merit, but is
not as full of localisms as its name would
infer. 1t was well received by the audience.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-28

VIM. Krick, the South Main street hard
ware dealer, has secured the agency for
Shenandoah, Mahanoy City and Girardville
for the Sunlight I~ncandescent Gas Lamp. 1t
saves more gas and is more brilliant and
durable than any other burner in the market.
1-2O-6t-eOd
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-28

All the p. q r. {. & l. collieries win shut
down tonight for the balance of the week.
The working schedule for next week has not
been announced. but it is rumored that for
the next month or two the collieries will be
operated on very irregular time and with the
opening of Spring a boom will set in.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-28
Arm Fractured.

At $3.50 o'clock last evening Michael Yam
kolski, residing on West Poplar street, frac-
tured his left arm between the wrist and the
elbow, at Ellangowan colliery. The fracture
reduced by DIR. w. N. Stein.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-28

The mission that was interrupted by the
destruction Of st. Joseph's church, Locust
Gap, by the storm Of September 30, 1896, will
be continued commencing Sunday, February
Z, by the -Redemptorist Fathers, of New
York.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-28

Our sacriGce. shoe sale for both sexes has
excited the people. It's still doing it and
viii continue. We almost give them away.
At Womer's, 1874 North Main street.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-28

The following cases of measles were re.
ported to the Board of Health this morning
Harry Higgins, 4 years, 412 West Oak street
Delroy Ferguson, 3O5 South West street.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-28

At Tunnel Ridge colliery yesterday, Henry
Peuant, aged "a, a %wsll-known miner, met
death beneath falling coal. A piece Of coal
struck him on the back of the neck. He is
survived by a widow and five children.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-28

James Hughes and Name Mcdonald, both
of Ashland.
Andrew Malcovsky and Annie Gynricsko,
both of Shenandoah.
Joseph Parglski and Stanuldwa Kinks,
both of Shenandoah.
Thomas j.. Kenney and Mrs. Bridget Colo
han, both of Ashland.
Enoch Davis and Lena Hess, both Of Shen-
apdOah
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-28

Soothing toI burns, scalds, chapped hands
and lips. Healing for cuts and sores. In
slant relief for piles, stops pain at once.
These are the virtues Of DeWitt's Witch
Hazel Salve. c.. II. Hagenbuch.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-28

GOODS PILLS cure Liver Ills,
E~aIiousness, indigestion, Headache
A pleasant laxative. An Druggists.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-28

Ask your grocer for ne Royal Patent
-four, and take no other brand. 1t is the best
hour made.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-28
GLOBE PRINTING Co.,
st. Louis, Mo-.

Feb'y. A-Grand Musicale i'm Trinity Re
formed Church.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-28

We make up funeral designs in any shape
or form and i'm the best manue possible.
Also wheat sheaves, wax work, etc. Rates
Reasonable.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-28

Buy Keystone flour. Be sure that the name
& BAER, Ashland, Pa is printed on
every sack.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-28
PROPOSALS

Sealed proposals will be received by the UNI
d%ersigned, the tontrollero Of Schuylkili county,
az his office In Pottsyille until . o'clock %. u..
Tuesday, February ., 1897, TO print, furnish and
deliver according 10 Jaw. an the official and
specimen ballots necessary for the ensuing
Spring election.
Bids TO specify price per column Of 2i inches
wide, including voting square at right OF candle
dates name. Sample of paper can be seen and
other information be received at the office OF
the Controller and Comm ssiouers Mark ems
velopes Proposals for Election Ballots.
The right is reserved TO accept or reject any or
all bids.
By order Of the County Commissioner.
3. H.. EYEHN
81 County Controller.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-28

So, 1000 HSSigs {, g 4 iof 4. o. Bs aS5s %o', 1t559:
ney-at-Law. l2-28-lm
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-28

DOR RENT.-A nice room. second floor.
IL suitable for Office purposes. Apply at
HERAL Office
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-28

DOR RENT.-Store room and dwelling No. II
Il North Main Street. Apply to Jacob Noll,
Ia North Main Street.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-01-28
Al

DOR SALE-Three horses, three single
II carriages, three cutters, one three-seated
sleigh, three sets double harness and three sets
single harness, one coal wagon, moving wagon,
one double carriage and other articles connected
with a frst-class livery stable. Apply at HER
AID Office. LOW
The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1897-12-22
J. j. FITZGERALD

Mrs. Ada Woodman, of Rock Rapids,
Iowa, step-daughter and Mrs. Miller, of
Waubay, S. D., sister-in-law of j. A.
Davis Of this place will spend the Christ
mas holidays with the latter.
l.. T. Lobdell of Spring Valley, Mimi,
is the guest of N. D. McGillivray. J. F.
Van Doozer of Ashland, Wis.,, is also in
the city. These gentlemen are looking
after their real estete interests. here and
paying taxes.
Adam Kherwood OF Iowa has been
looking over Lake county with a view to
locating. He>will moro hither in the
spring and rent a farm nea Wentworth.
MIR. Kherwoldt has eight sons to to look
after in his investments.
1.-The local Itent Of Improved order of
Red Men held its annual election of
officers last evening, electing the follow
ing roster: j. G. Ooffey, sachem; H. H.
Dick, ST.. S%aganore; NJ. F. Berther, Jr.
Sycamore; w. j. Tierney, prophet; H. A.
Stahl, chief Of records; j. E. Cross,
keeper OF wampum.
Besides routine business transacted at
the school board meeting the other
night. a resolution was passed requiring
the %janitor to remain at the school build
ing at noon until the return of some OF
ike teachers in order that the doors be
kept open and children allowed to ca,
their dinners in the school rooms.
The local Castle of the Imperial
The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1897-12-22

Mystic Legion, the youngest of the fra.
ternial insurance orders doing it's good
work in our midst, held it's annual elec-
ton of officers last evening, resulting as
follows: Regent, Henry Neill; vice
regent, Mrs. Hattie Beardsley; past
regent, E. b. Davis; secretary, Mrs, Ina
Davis; treasurer, Elmer Sheridan;
guard, G. A.. Angle; watch, Fred Curtis;
trustee, W. NJ. Beardsley; herald, VIM.
Dixon; warden, Mrs. Mary E. jerks;
knights, E. G. Keith and Geo. B. Wall.
Installation of these officers will be held
frsa Friday evening in January.
Sylvester O'Gar, the excellent passen-
ger engineer of the S. division, went
to Lacrosse to-day IS enjoy his annual
holiday vacation with relatives. Yes is
one of the most reliable passenger en-
eineers on the road, steady as a clock,
held in high esteem by his employers
and the travelling public, popular among
his associates lin society, and with bust.
ness men. Few young men have at.
tanned the substantial position in the
estimation of his acquaintance Mr.
O'Gar enjoys, which is an example OF
what can be done by a young man who
attends strictly to business and is true
to the trust reposed IN him by biz
employers.
One Minute Cough Cure cures quickly
The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1897-12-22
81 DAILY LEADER
MADISON, SOUTH DAKOTA.
WEDNESDAY,, DECEMBER %, 1897.
Local Time b

local Time Table.
Chicago, Milwaukee 3 ST. paulHa'lway. which
sook effect, sunday, December 5, 1857:
TRAINS GOING EASY.
Passenger, No. 4, departs II 100 a. IA.
Freight, No. Sc, departs $50 .. M.
Freight, No. -, departs $3.50 p. m.
TRAINS GONE WEST,
Way freight, No. 81, departs 4:15 y. m.
TRAINS From THE KAsT.
Passenger, No. /, arrives 400 p. M,
Freight. No. IS, arrives 2.45 p. M.
Freight No. %, arrives $3.50 a. m.
TRAINS FROE THE WEST.
\ Freight, No. Y8, arrives 10:40 a. m.
y Ali the above trains carry passengers; bnt
f,eights only when passen gers are provided with
~ickete.
Passenger trains going east make connection
It ERan for ell pointe south.
nADIaoN u RRIeTOL LINZ.
Nos. oOl and 20e run Mondays, Wednesdays and
FRIDAYS, only, leaving Madison, north. at 4:lO p.
m: arriving at Madison at $3.50 y. IL.
Nos. a3 and 2Ot Iun Tuesdaya, Thursdays,
and Saturdays, only, leaving Madison, north, at
II a. M; arriving at Madison at 1880 u. m.
r. j. HOLMES. Local 5 gent.
The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1897-12-22
THE CITY.

LOCAL BNEylTs e..
Ethel Clough returned from Egan.
See change in Frank Smiths adver.
tisement.
DR.. Mobiles OF Howard spent the day in
Madison.
Holiday prices on rugs at Nc
Gillivray's.
Rev. l. o. Burlin Of Winfred spent the
day in the city.
u Smyrna, Wilton, Moquet add fur rugs,
Cheap at McGillivrsy's.
Aug J. F. Boyer proved up on his tree
claim in Wayne township to-day.
Bargains in fur, Moquet, Wilton and
Smyrna rugs at McGillivay's Holiday
prices.
A marriage license was issued to s. J..
Nicholson OF Lakeview and Ida L.
Rnndle Of Leroy.
Celery, lettuce, radishes, Malaga
grapes, and cut flowers, for Christmas,
at Thos. Carey's.
Miss Fuller's department Of public
school is broken up at prseentb by the
prevalence of measles smongA6e pupils.
Auction tonight and tomorrow night,
of the most handsome chinaware and
other useful articles, at Thos. Carey's.
Nellie Walden, John DAILY, Clyde Bel
KNAPP and Josephine Olson came home
this evening to spend their school vaca.
tions.
The beautiful prize which was to have
been given to the ladies this afternoon,
will be given this evening. at G. II.
Woods.
The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1897-12-22

One Minute Cough Cure cures quickly
That's what you want!
FRANK SMITH
The advocate., 1897-06-23
No. 1855.
SYLLABUS.

/. Upon motion for new trial on the
ground that the jury was guilty Of misconduct
In arriving at a verdict by adding the amounts
named by each OF the twelve Jurors and di-
viding the aggregate by twelve, when tried by
the court upon evidence offered by both par
ties and a finding made thereon, such finding
will not be disturbed by this court whore IL Is
sustained by the evidence; and such deteTmt-
nation will be treated like the determination
Of any other question Of fact by the trial court.
g. Where the,record brought to this court,
upon which to review o case, contains only
motion and the order OF the court denying
the same, II will be presumed that the trial
court correctly denied a motion for new
trial upon grounds not supported by testi.
mOny contained in the record.
All the judges concurring.
true copy.
Attest: w. II. GATES,
TsEALl Clerk
The advocate., 1897-06-23
1897

what facts have been proven, but not to de.
aide upon what an admitted fact tends TO
prove. ,.,-, -.. D.,
Dhvsical pain and for such mental pain and
suffering as grow. Immediately out of, or re-
suit directly from the physical pain he en-
dured, there is no good reason for requiring
these elements OF damage TO be divided into
40 divided In answer to questions propOunded
by the plaintiff In error, the court commits no
error in refusing to eliminate from the judg-
ment the award made for mental suffering,
the result Of physical pain.
Opinion fled June Is, 1897.
All the Judges concurring.
A true copy, ...,.,..,,,
Attest: +. j. WESTGATE,
[sEAL1 Clerk.
By G. L. GARRIGUEs, Deputy.
The advocate., 1897-06-23

note with the knowledge OF these facts, states
good defense to such action.
g. The record In this case examined and
found to contain sufficient evidence 10 sus-
tain the verdict OF the jury upon said defense.
All the Judges conCurung.
A true copy.
Attest: w. II. GATES,
[sEAL Clerk.
The advocate., 1897-06-23
SYLLABUS.

I. A garnishee who has, by stipulation In
the case, been released from the liability OF
having Judgment rendered against him and
converted by such stipulation into n mere
stakeholder or custodian of funds, holding
them subject to the order OF the court Is not
o necessary party to u petition In error TO
review an order dlscharging such funds so
held by such garnishee from the lien OF said
garnishment
2. This court has Jurisdiction to review an
order disch8rglng funds gaTnished in cause,
upon o petition In error fled before final
Judgment in such cause and while such cause
10 yet pending In the trial court for trial upon
the merits between the plaintiff and defend
ant, under section 4G4l Of the code.
All the Judges concurring
A true copy.
Attest: w. II. GATES,
GsEALl Clerk.
The advocate., 1897-06-23

that she should have no other land, and In
consideration OF all the services her son had
done for her, and the amount she had ac-
knowledged to owe him, made said convey.
ance," and "The value OF the land conveyed
above membranes 20 be fairly worth $8,50O' [;
this amounted in substance to finding that
said conveyance was not voluntary, and that
1t was for good, valuable and adequate con-
sideTAtion.
2. A party buying land for an adequate
price, In consideration OF bona fde indebted
ness due him from the grantor, takes the
same free from any claim OF lien for indebted
ness not q legal Hen on said land at the date
OF purchase.
All the Judges concurring.
A true copy.
Attest W. GATES,
[sEAL CLERK.
The advocate., 1897-06-23
STATE OF KANaAs, S.. :

l, ,E. J. Westgate, Clerk OF the Kansas Court
of Appeals, Southern Department, Western
Division, do hereby certify the above and
foregoing to be full, true and complete copies
of the syllabi In the therein entitled cases, as
the originals thereof remain on file in my
Office.
In testimony whereof, have hereunto affixed
my hand and the seal OF said court
lsEALl at the city Of Garden CITY, Kansas
this 18th day Of June, A. d. 1897
e. J. WESTGATE, Clerk
BY q. L. GARRIGUEs, Deputy.
The advocate., 1897-06-23
SYLLABUS.

T. In an action to establish n lion upon real
property, under section 1888 OF the general
statutes, knowledge Of such unlawful use OF
the property may be shown by showing
that the agent OF o nonresident owner had
knowledge OF such unlawful use, where such
agent is In charge OF tho property, renting and
collecting the rents thereof, Notwithstanding
the direction OF the principal TO such agent
not to rent tho property FOR such unlawful
purpose.
O. In order to authorize the enforcement OF
such lien In behalf OF the State for fne and
costs for the violation Of the prohibitory law,
10 Is not necessary that the tenant convicted
OF such oifense shall be kept In confinement
under sentence OF the court until after the
establishment Of such lien; 1t is sufficient
that he be adjudged to be committed to the jail
until the fine and costs are paid, and that he
bo actually and in good faith committed
thereto and o release from such commitment
by order OF tho Board OF County Commission
ers, after such action to enforce the lien Ia
begun, will not defeat the States right 10
such Hen.
All the Judges Concurring.
true copy.
Attest: w. H. GATES,
[sEAL1 Clerk.
The advocate., 1897-06-23

plaintiff to show that the maker had notice
OF the transfer before ne made the payment
thereof
All the Judges GoncuTing
true copy.
Attest. W. II. GATES,
fsEALl Clerk.
The advocate., 1897-06-23

!. In an action upon negotiable prOmissory
note in the hands OF an indorsee, an answer
that AYERS that the note was procured by false
and fraudulent promises upon the part Of the
pAyee therein named In that they falsely and
fraudulently promised the makers, to induce
them to buy q stallion and pay s400 In cash
and give their three several notes for 81 200,
payable In one, two and three years, that they
would at the end Of the first year receive she
stallion back, refund the S4OO, return the notes
and pay to the makers s1OO In money for the
keeping OF the horse, when In truth they did
not intend 30 10 do but made the promise
solely for the purpose Of obtaining Che money
ana the notes, and that the plalmtsn took the
The advocate., 1897-06-23
SYLLABUS.

!. This court will hear allidavlts or other
competent evidence, upon application OK the
plaintiff in erTCr, for the purpose OF showing
that the amount In controversy Is sufficient
to give the court Jurisdiction TO hear and de-
termine the cause upon the merits, whore
such amount is not disclosed by the record OF
the proceedings OF the lower court In the
cause.
9. Where the certificate OF the trial Judge is
necessary, in cases involving less than 500, to
show that such case Is within the exception OF
the statute, this court will permit an amend
ment TO the record by filing and attaching
such certificate, upon apple atiOn OF the plain
tiff in error, il the record does disclose that
such cause Is within the exception provided
In the statute.
8. A mortgagoT and owner Of real estate in
possession thereof, whose duty 10 ts at the
time to pay or see that the taxes upon such
property are paid, cannot become purchaser
at tax sale Of such property as against his
mortgage.
T. Nor can such mortgagor assign tax sale
certificate on his property to another so as TO
make such other a bona fde purchaser and en-
titled to claim the benefit OF such sale there
under as against such MORTGAGE
5. An attempted purchase by the mOrtgagor
under such circumstances is In substance and
In law payment of the tax and discharges
the property from the lien for such tax.
All the Judges concurrlng
A true copy.
Attest: w. II. GATES,
TsEAL1 aw' Clerk
The advocate., 1897-06-23
Kansas Court OF Appeals, Northern DepaFt-
ment, Central Division.
No. 21S.

No. 2IS.
George W. selders, plaintiff in error.
Vs.
Ellen Boyle, executrix Of the last will and
testament OF John Boyle, deceased, defend.
ant In error.
Error from Cloud County District Court.
AFFIRMED.
SYLLABUS.
L. There IL no statute In this State preclud-
ing the courts or Judges OF this State from
discharging the duties OF their offices upon
Thanksgiving day
2. I'm proceeding to revive dormant iudg-
ment In the name OF the executor OK the 90.
ceased ia dgment creditor notice pFopefly
Continued on paga IG.)
The advocate., 1897-06-23
Kansas Court OF Appeals, Northern Depart
ment, Central Division

Kansas Court OF Appeals, Northern Depart
ment, Central Division,
No. AZ.
The Provident Trust Company, corporation,
plaintiff In error,
Ys.
Phllias COron and Delirna COron, defendants
in error.
Error from Cloud County District Court.
REVERSED.
SYLLABUS. BY THE COURT. MCELRoY, J.
l. Pleadings-Separat Causes Numbering.
Where two or more causes OF action are
stated in the same petition, and not sepa"
Tately stated or numbered, IL is error for the
court to Overrule motion Of the defendant TO
require the plaintiff TO separately state and
number the several causes OF action stated In
his petition.
All the Judges conCurring.
true copy.
Attest: VIII. GATES,
GsEALl Clerk
The advocate., 1897-06-23
PER CURIAM.

This is an application for a rehearing fled
by the defendant in error. The opinion OF the
court in this case was delivered by GtlkesOn,
Presiding Judge, on January 1lth, 1897. The
Judgment OF the trial court was reversed and
new trial ordered.
The application for o rehearing in this case
does not set forth and show that some ques-
tion or decision which was duly submitted by
counsel was overlooked by the court, or that
the decision Is In conflict with an express
statute or controlling decision TO which the
attention Of the court was not called either in
the brief or oral argument, which was over
looked by the court,
From careful examination Of the opinion
of the court, we find that all the matter pre-
sented by the defendant in error were duly
considered by the court.
The application for a rehearing will be de-
MED.
All the Judges concurring.
A true copy.
Attest; W. II. GATES,
TsEAL1 Clerk.
The advocate., 1897-06-23

Kansas Court Of Appeals, Northern Depart
ment, Central Division.
No. 2lt.
The Financial Association, plaintiff In error
vs.
The State OF Kansas, defendant In error.
Error from Clay County District Court
AFFIRMED.