davidaulloa/AmericanStories huggingface dataset:
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-02-03

Waco, Texas, February 2.-iu'
and fine stock breeders OF MclsA,
ty held A mass meeting here !, i' n :
adopted resolutions lado-snss ,ar,t n
mulated by the McLennan .ol 500
men and Live Stock Breeders =. ~
and now in the hands OF w n
county representatives az Aa sstt,. y
is designed tU-protect dairy ~ Svp sssl
factory butter at the iapis ,shsl III
hotel keepers and others " sssiIy "
tory goods SO that guests gay
them from the dairy pfOouV-
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-02-03
RECEPTION AND TEA

reception and tea was given this after
noon at the residence OF Mrs. George NJ.
Massey by the Daughters of the Republic
Tor me purpose of raising funds for me-
mortal The affair was very largely At
tsuued ana large amount was secured for
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-02-03

ing of the beaches and catching all the |
fish, leaving nothing for the visitors, whose |
patronage is large item to the interests of
COlst cities
The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-02-03
Legislative Notes.

Austin. Texas, February Leo J. ROM
tree. chief clerk of the house, has on two
occasions called the house to order This Is
/ is first legislative experience, and he has
readily familiarized himself with the duties
of his office and makes an excellent clerk
AS editor of the Kyle Standardization he
made hard fight for the democratic party.
He is very popular.
MI Staples of Bastrop is very popular
with the ladies'. Today while roll was be-
ing called on vote. the gentleman from
Hastrop was entertaining young lady
friend at his seat In the house. lie was so
interested In his company that he did not
hear his name called. so when the clerk
for the second time called Staples" Mr.
Evans Of Hood announced:
MIR, Speaker the gentleman from Bas-
trop is paired. "
Tho members glanced at Mr.. Staples
desk, saw the young lady and applause
followed.
The herald., 1897-04-10
MORE CRIMINAL GRIST
Another Information Filed Against
"Dr.v Calvin S. Hastings

Another information was filed against
Or" Calvin S. Hastings yesterday by
the district attorney. wherein the de-
fendant is charged with a felony in hav-
ing, on February 15, administered to
Fannie Morris certain drugs for the
purpose of procuring a miscarriage.
An information was also filed against
Julia E. Knox, charged with perjury in
having testified falsely in the township
court on February 10 in the suit of NJ
w. Driscoll vs. Oscar c. Knox and Julia
Knox. The defendant on the date al
legged made an affidavit that her answer
to the complaint in that case was true,
when, as it is charged. she knew posi-
lively it was not true. The specific act
of perjury complained of is that Mrs.
Knox swore that she had never made nor
executed a note for $3.50 to Mrs. Driscoll,
and that she had never seen the note un-
til the trial. and that she had never re-
ceived the sum of $3.50, and that the note
was false and forged. Mrs. Knox con-
ceded that in March, 1895, in the office
of H. A. Pierce, she made a note for 500
and delivered it to Mrs. Driscoll in the
presence of the attorney and her hus-
band.
A third information was filed against
William O'Keefe, charged with assault
to commit murder upon Henry Ander-
son on February 16. A second informa-
ton was also filed against this defend
ant, charging a similar offense COM
mitted on the same date against one
Damian N. Gebhardt.
The herald., 1897-04-10

uncaIled for" was the answer, rather
warmly made.
The assertion was repeated, however
plaintiffs counsel saying: 1T Is true
and 1t was intended as trap"
And say the statement is absolutely
untrue" and for the time being Senator
White had the last word.
But at this juncture the court inter-
posed. "All that ask" mildly sail Juogc
York, "is that counsel be courteous and
| gentlemanly one to the other. No evil
! dence has come under my notice that
anyone has acted unfairly, and it is eX-
ceedingly unpleasant that such state
ments be made" With further ad-
monition to eschew personalities the
court lay back and waited for further
developments. They came.
| IT desire to say" said Senator White,
that l feel confident that / made no
allusion to counsel that is disagreeable' =
That remark brought General Mont
gomery to his feet again. II have spoken
in good faith" he said, land believe II
your honor will read the interrogatory
you will say it was intended as trap"
Suiting his action to the word, counsel
handed up the dubious document that
had provoked the interchange of un-
pleasantly. While Judge York was
glancing at the deposition Senator White
said:
your honor will remember that the
deposition was taken by stipulation, and
IL counsel was not ignorant of his own
case his remark could not but be un-
true, and surely we are not bound-when
we endeavor to conduct our side in as
sentlemanly manner as we can-to listen
to charges of that sort which are wholly
unfounded."
"I have directed that hereafter no such
charges be made" said Judge York.
And il counsel undertakes to say"
answered General Montgomery to the
remark of counsel on the other side, and
ignoring the remark of the court just
made, that what I say is not true, he
says what is false"
The air in the court room was becom
ing lurid; it was charged with electricity.
II find you guilty of contempt of conrt
for that statement" and the court bent
it's judicial brows severely upon the Of
fender.
did your honor hear the reference to
myself?" inquired General Montgomery.
IT think I did. l will treat you fairly.
however; let it be read by the reporter
The reporter read off the last remark
of Senator White.
There is a remark" said Judge York,
"that l will take exception to. Speak
ing of counsel being ignorant of his case
might have provoked General Montgom-
ery's remark 1 will revoke the order
for contempt, but wish 1t distinctly un-
derstood now that personalities must
cease. 1 will not submit to any such dis
orderly proceeding as attorneys accus-
ing each other or insinuating against
each other in court"
The tempest in a teacup ended right
there, and the lost thread of testimony
in the libel suit was again taken up.
The herald., 1897-04-10
THE "CARLING" HOTEL
By Technicality an Owner is Mulct-
ed in a Large Amount

The consolidated lien suits against the
Caring" large private hotel on Sec
ond street near Hill, ended somewhat abb
ruptly in department four yesterday.
Owing to a merely technical omission In
complying with the law, Mr.. Myers, the
owner of the property, will, under the
Judgment of the court, be mulcted in
the full amount of the claims.
The contractor who took the contract
for the erection of the hotel did not
comply with the terms of the specifica-
tions, and ultimately the work was
taken out of his hands after much de-
lay. There was loss to the owner then.
ard by a on-important requirement of
the law regarding the filing of plans
with the recorder, this initial loss is in
creased by his being held liable in the
several suits decided by Judge Van
Dyke. Mr. Myers was not permitted to
testify for the reason that, on objection
of counsel. the contract for building was
only an alleged one and was in certain
way invalid The specifications set
forth that any contract made should
contain the plans, specifications and de-
tailed drawings as part of it. In plac-
irg the necessary documents with the
recorder detailed drawings were not
| incorporated and this omission proved
fatal to the owners case. Judgment was
given by plaintiffs as follows:
For Nauereth & Cass Hardware Co.,
$3.50. 20 and S1o0 counsel fees; Whittier
Fuller company $67. 50 and s1Oo attorney s
fees for cross complainant, John NJ.
Givens, s1S6.SS; for intervenor, Mating
ly. s36.73 and $40 attorneys fees; for
Kerckhoff- Gunner Mill & Lumber COM
pany. s2555.11 and 5000 attorneys fees.
The herald., 1897-04-10
SUPREME COURT DECISIONS
Business of the Southern Circuit Be-
ing Rapidly Disposed of

In the suit Of F. C. Reed, appellant,
against John Cross, respondent, carried
from department six of the superior
court of this county, the supreme court
has handed down rather curious de-
cision. So much of the judgment as is
appealed from by the plaintiff Reed is
reversed, and so much of the judgment
appealed from by defendant Cross is af-
firmed.
The action was brought to recover
S19O3 60, together with interest thereon
from July 25, 1891, for one-half of the
money alleged to have been paid out by
plaintiff for the benefit of defendant, in
a joint enterprise in which plaintiff ana
defendant were engaged, in which soma
eighty acres of land were purchased in
San Luis Obispo county in 1887, for the
sum of $2S,700.
The defendant denied most of the allie
cations of the complaint, set up fraud
in the transaction on the part of plain
tiff, pleaded the statute of limitations in
bar Of the cause of action The trial
court adjudged that % the plaintiff was
not entitled TO take anything upon the
cause of action; (2) that defendant do
have and recover nothing of the plaintiff
upon his complaint; (3) that de-
fendant recover his costs, amounting to
1885.
The plaintiff appealed from as much OF
the judgment as denied his right of re-
covery against the defendant and award :
ed costs against him, and in this he has
been sustained by the supreme court;
and the defendant also appealed from 50
much of the judgment as denied his right
of recovery upon his crosse complaint,
and in this the judgment of the lower
court has been affirmed
The herald., 1897-04-10
THE TIMES CASE
Counsel Indulge in an Interchange
of Compliments

The libel suit of Mrs. Mary Brady
against the Times Publishing company
will close today. All the testimony IS in
and it only remains for counsel on either
side to argue the case to the jury.
The old story of Mrs. Brady receiving
children from the day nursery, OF her
being employed at the county farm, and,
after being proved unsuitable for the
position, being let out; of her connection
in that regard with Mr.. Woolman, at
that time a supervisor of San Diego
county. and all the details of her pover-
ly-stricken condition have all been de-
tailed for the third time to a jury But
the CAGE was not to close without being
tinged with sensation, and yesterday
spat between Senator White and Gen.
Montgomery threatened TO develop into
quite a serious difficulty and contempt
proceedings loomed ahead. AS 1t was,
indeed Gen. Montgomery was adjudged
in contempt, but the order was revoked
when it became apparent that he was not
altogether to blame.
The reading of the deposition of Leon
ard Goodwin was the melting cause to
the contention between counsel. Mr..
Gage had read his deposition, or rather
that portion of it embodied in the direct
examina ton, but leaving out the ques-
tion and answer of interrogatory No. 4
An objection was raiHd by opposing
counsel, and the document was handed
to him to read. Having done so, he re-
marked: "If you expect me to make this
my testimony l will not read it,"
I'VE have no statement to make yet"
responded Senator White; 1--WE haven't
offered it yet"
NO" sarcastcally retorted General
Montgomery Counsel set traps, but I'm
not disposed to walk into them"
There seemed the promise of fun ahead
and everyone in the court room pricked
his ears to catch every word that fol-
lowed: II think we set no trap" said
Senator White; 1--WE said we wouldn't
read it ourselves"
IT understand the trap was the re-
sponse made by counsel on the other side: ::
ut is part of the game"
"That statement is utterly untrue and
The herald., 1897-04-10
New Suits Filed

The estate of William +. Lancaster
deceased-The petition of James r. Lam
caster for probate of will. The estate
consists of 20 acres of land at Duarte.
valued at SIS, 900; 72 lots In the Beardsley
tract at Duarte valued at $35O0, ana
other property aggregating about SlS,0oo'
The estate of Archibald H. MURPHY
deceased-The petition of Lauretta T.
Murnhv for letters of administration.
The estate consists of the home in East
Los Angeles, valued at $500; certain lots
in San Bernardino, valued at SioO'
mortgage for so5eo CT e portion OF tract
No. of the Rancho Paso de Bartolo;
fen shares of the stock Of the Equitable
Building and Loan association, valued
at $1,000, and other property aggregating
in all about $4,000.
Los Angeles Holiness band VS.. Joseph
II. Spiers ct ALA suit to quiet title to
the southwesterly corner of lot l, block
7. of Ord's survey, and running norther-
ly 60 feet along the westerly line OF the
lot to a partition fence. thence easterly
on a line parallel with Fourth street,
along said fence, for 40 feet, etc.
The matter of the estate of Oren G.
Post. deceased-The petition of Mary E.
Post for probate of will. The estate is
valued at $4,000. all being community
property.
John p. Coyne VS.. The Herald Publish
ing company-A suit to recover sos's.lo'
with interest.
H. H. Williams, c. r. Williams, Ger
trude Henry and Dilly M. Bailey VS.. the
Palomares Irrigation company, the Po-
mona Land and Water company and L..
Fleming-A suit to annul contract
and that the defendant corporation pe
enjoined from digging trenches or tun-
neling upon the lands of the plaintins
for the purpose of laying pipes or carry
ing water.
The herald., 1897-04-10
COURT CALENDAR
To Be Called in the Various Depart
ments Today

ONE-Judge Smith:
(2SO3) George McCarty, appeal; hear
ing.
(2304) Charles A. Peer, obtaining mon
ey by false pretenses; to plead
(22s7) Joseph Mimms. burglary; trial
(23O5) William O'Keefe, assault to
commit murder; arraignment.
(2307 Julia E. Knox, perjury; arraign-
ment
(29os) Calvin S. Hastings. abortion; ar
raignment.
DEPARTMENT TwO-Judge Clark:
Nothing set.
DEPARTMENT THREE-Judge York:
(23, 46S) Brady VS.. Times Mirror COM
pany; on trial.
DEPARTMENT FOUR-Judge Van
Dyke:
Nothing set.
DEPARTMENT FIvE-Judge Shaw:
Nothing set.
DEPARTMENT SIX-Judge Allen:
1869 Myers vs. Myers; trial.
TOWNSHIP COURT-Justice Young:
Green vs. Perrier; trial.
Holmes VS.. Pritchard; supplemental
proceedings
Holmes VS.. Philbrook; supplemental
proceedings.
Metzger VS.. Crane ct al; trial.
Hart VS.. Summers; trial.
Rudolph VS.. Anderson; supplementary
proceedings.
Dunwell VS.. Clement; trial.
Berenger VS.. Troger; supplemental
proceedings
The herald., 1897-04-10
AN UNRULY MEMBER
Charles Brant Wants $4,000 for a
Libel on His Wife

The tongue has been pronounced "an
unruly member" and if the claims put
forward by Charles Brant and his wife,
Matilda, are sustained, one Robert
Thompson IS likely to find that the one
he possesses is also very costly one.
1t is alleged that on November 20 OF
last year Brant and Thompson had an
alteration at the corner OF Rosemont
avenue and Temple street. There, in the
presence of several other people, Thomp-
son spoke of Brant's wife in 80 fright
fully opprobrious a manner as to cause
Brant to file complaint in which he
claims $4,000 damages.
The herald., 1897-04-10
Set for Monday

DEPARTMENT ONE-Judge Smith:
(2295) Will Childs, burglary; trial.
(2295) Ed Curtis, burglary; trial.
DEPARTMENT TWO-Judge Clark;
Nothing set.
DEPARTMENT THREE-Judge York:
(25,402) Bailey Loan company vs. Hall
ct al; trial.
(27 ,OS7) Vosburg vs. Shaw; trial.
(27, 306) Vosburg VS.. Shaw; trial.
DEPARTMENT FOUR-Judge Van
Dyke:
(27,624) Curtis VS.. Marcher; trial.
(27,126) German-American Savings
bank VS.. Bryant.
(26, ,S69) German-American Savings
bank vs Seatt
DEPARTMENT FIVE-Judge Shaw:
Nothing set.
DEPARTMENT SIX-Judge Allen:
(27,7S4) Stats VS.. Lemmert; trial.
TOWNSHIP COURT-Justice Young:
Gordon VS.. Burr; trial.
People VS.. Schwaneke; trial.
Mason VS.. Maropolis; demurrer and
motion.
Canty VS.. Day; demurrer.
The herald., 1897-04-10
Upon a Note

In the suit of the County bank Of San
Luis Obispo. plaintiff and respondent,
VS.. Meyer Greenberg ct al, defendants
and B. Schwartz, appellant. the supreme
court has ordered that the judgment ap-
pealed from should be reversed and the
demurrer to the complaint sustained,
with leave to plaintiff to amend.
The action was upon promissory note
made by Meyer, L. j. Greenberg and b.
Schwartz dated March 5. 1894, at one
year, to order of plaintiff, for $4,000. A
general demurrer to the complaint was
overruled, the defendants answered, and
before jury the plaintiff had verdict,
and Judgment was entered against the
defendant. Schwartz, the other defend
ants having been discharged in insol-
YencY pending the suit.
The herald., 1897-04-10
A Sequestered Deposit

A decision was received from the su-
preme court yesterday in the suit OF
Robert Graham. plaintiff and respond
ent. against the Farmers and Merchants
bank of Los Angeles, defendant and APP
pellant, affirming the judgment of the
trial court. The plainti sued to recover
1919. which he had on general deposit
with the defendant, but which the la'-
ter refused to pay upon his order Inc
defense was that the defendant hao paiu
three drafts guaranteed by plalntiu,
amounting to $3.50, which drafts mad not
been paid by the drawee or the drawer,
although demand had been made ana
that thereupon the bank sequestered the
deposit.
The herald., 1897-04-10
Court Notes

c. Anton Was yesterday brought be-
fore Justice Young and fined $40 for ped
ding fruit without having a license
Peter Jacob Wetterlin, Nels Westlund
and Charles Yunquist, three natives OF
sweden were admitted to citizenship
yesterday by Judge Shaw.
The taking of testimony in the suit OF
]. Kenealy against Scott. Wright and
the West End Lighting company on tria
in department two, concluded yesterday
and the case was continued for argu-
ment
The herald., 1897-04-10
THE coLoRED PREACHER
Discharged on Habeas Corpus and at
Once Re-Arrested

G. H. Smith, the colored preacher who
was arrested two days ago on charge
of embezzlement, attempted to escape
from the tolls of the law by the habeas
corpus route yesterday. When he was
brought before Judge Shaw his counsei
proceeded to show that the proceedings
in the case had been quite irregular.
Inasmuch as deputy sheriff OF sac
ramento county was in court ready TO re-
arrest Smith in the event OF his peing
discharged. Judge Shaw did not see nj
to waste time in discussing the matter,
but ordered a writ to issue. Then the
deputy from the north got In his fine
work He read the warrant OF arrest 10
Smith, and the prisoner was taken back
to Jail pending his trip north to the
scene of his former exploits.
The herald., 1897-04-10
Constructing a Ditch

The suit of T. j. Gillian, plaintiff and
respondent, VS. Andrew Brown ct al.
defendants and appellants. carried on
appeal from Kern county, has resulted
in the Judgment being reversed and the
cause remanded for retrial.
The case was an action upon con-
tract whereby the plaintiff agreed to
construct ditch. The defendants are
associated farmers and the complaint
charged them as partners under the
firm name of the Whitney Creek Ditch
company. An agreement was entered
into by the two parties whereby plain
tiff agreed to construct the ditch for
$1,000; the ditch was completed and ac-
cepted, but the sum stipulated was not
paid.
The herald., 1897-04-10
Foreclosing a Mortgage

The supreme court has affirmed the
judgment of the trial court in the suit
of G. A. Sawtelle, appellant, VS.. r. E.
Muncy and Sadie F. Muncy, respond
ents, carried up from Riverside county.
The action was to foreclose a mort
gage executed by defendants to secure
payment of a note for 1926, made Sep
tember 7, 1888, and payable on or before
two years after date, with 10 per cent
interest. The defense was want of con-
The herald., 1897-04-10
0ROCER's sOLlL0QUY

The old story
They threw samples about town
Loaded me UP with goods
At less price than the genuine
Said could make more money
1 bit and got bit
Must work off the stock
To get my money out
1t grinds tho
TO tell an old customer
The imitation is "just as good"
Drives them away sometimes.
About 403 Cereal Coffees
Have sprung up all over
To initiate the original
Postum Cereal Food Coffee.
Every man out of job
Thinks he can make 1t
Just brown some Rye or Barley
And there you are
A Cereal Coffee"
Just as good as Postum
Make pretty packages
Sample the town
Load up the grocer
And drive on.
A fortune for every fool
In four days.
People find out
All that kind of rubbish
Tastes fiat and unpalatabie
1t took over year
OF scientific experiment
To perfect Postum
The only original palatable
Pure Cereal Coffee
In existence.
When properly made IT mas
The color of Mocha
The taste of Java
The elements nature uses
To rebuild the gray matter
In the nerve cells.
Postum is Hygienic
Pure liquid food
Tons of rubbish
Are sold to initiate 1t
But if customers would look
For. red seals on packages ana
Registered U. S. Trademark
They would secure the genuine.
Some good grocers' names
Get Smirched, when used
For "kitties' paws" to rake chestnuts
For some "just as good"
AS Postum Cereal Food Coffee.
Plain, sober, common honesty
And genuine goods in stock
Is the safe way.
1t might pay to throw
All that imitation away
A shortsighted grocer will
Grind away on the counterfeit
Until his money Is back.
A keen, clean grocer
Will sell only the genuine
And keep customers.
The herald., 1897-04-10
TO QUIET TITLE
A Dead Man Held to Consent by His
Deeds

A suit to quiet title came up in de-
partment four yesterday that was
strongly reminiscent of the old days. The
case was that of the city of Los Angeles
against John Moran, special adminis-
traitor of the estate of Bridget Wilson.
Mrs. Wilson left quite large estate
and most of it away from her husband,
who survived her. Old man Wilson took
up a tract of land in part of the coun-
try at that time remote from the little
town of Los Angeles. When Hancock
made his survey, what is now
known as San Pedro street was
run across the property; but this portion
of San Pedro street out beyond Washing
ton was never decided to the city. The ad-
The herald., 1897-04-10
To Consumers Of Coal

Please bear in mind that the genuine
Black Diamond coal is sold only by the
coal dealers who purchase from the Cres-
ent Coal company. who own the Black
Diamond mines. All other coal from Gal
lup coal fields is inferior in quality to the
original Black Diamond. Ask your dealers
for the original Black Diamond coal.
The herald., 1897-04-10

ministrator had no power to deed the
property, so suit was brought to quiet
title. 1t was shown by deeds drawn by
Mr. Wilson that he had recognized the
street boundaries and this was held to
have bound him to acquiescence. A de-
cree was given for the city.
The herald., 1897-04-10

siderat.on, menace and fraud, and de-
PENDANTS had judgment. Plaintif ap-
pealed from the judgment of the court
on the ground that the findings were not
supported by the evidence, and that the
court erred in certain particulars.
The herald., 1897-04-10
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., 1897-04-10
Trip over the Kite-shap.d Track

There is no trip of the same length
where the scenery is so varied and beau
tiful as this one. Tickets permit stop
overs at any point on the track. Round
trip. s4.1O. Ticket office, 200 Spring street.
The herald., 1897-04-10
Anheuser Bar and Cafe,

243 South Spring street. Los Angeles. Cal.
Telephone No. e35 main. Entrance to cafe
through natatorium on Broadway, ad-
joining city hall.
The herald., 1897-04-10

Hawley King & Co., cor. Fifth st. and
broadway, agents genuine Columbus
Buggy company buggies and bicycles.
The herald., 1897-04-10
Laws for Timing Stockholders

The mining laws as revised by the pres
ent legislature. per copy. 10 cents. N. A
Wolcott & Co., 12S South Broadway.
The herald., 1897-04-10

Joe Arnold, agent for celebrated Mexican
cigar, 1858 S. Spring st. Tel main 1856.
The herald., 1897-04-10
For Mirror. or BcveIed Plate Glass

Go to H. Raphael & Co., who are the man.
ufacturers of them, and you will make a
large saving. No. 43S and 440 South Spring
The herald., 1897-04-10

Largest variety Concord business wag
ons and top delivery wagons. Hawley
King & Co.
The herald., 1897-04-10

Everything on wheels. Hawley, King &
Co., cor. Fifth street and Broadway.
The herald., 1897-04-10

Diamond lump coal, IS; Diamond Coz
Co., 235 w. Third ST.. Tel. Main 30.
The herald., 1897-04-10
MARRIAGES

Agents Victor. Heating and World bicy
cles. Hawley. King g. Co.