davidaulloa/AmericanStories huggingface dataset:
The herald., 1897-01-31
AN AGENTS POWER
To Pledge the Credit of His Principal in
Making Contracts

An opinion was rendered by Judge York
yesterday in the case of Munger & Grif-
fifth company against Andrew Mullen,
which, while perfectly just and equita-
BILE, appears to bear hardly upon the de-
fendant.
The plaintiff entered into a contract
with the defendants architect to fur
nish certain material and do certain
work in the erection of Mr.. Mullen's
house at Pasadena. His architect had
made one contract with plaintiff before
for materials and labor in the erection
of the same building. In making this
prior contract defendant was consulted
by the architect and directed the arch
itect to enter into the same. Plaintiff
however did not know of the consulta-
tion between defendant and his archi-
tect, or of defendants directing the
architect to enter into said prior con-
tract. After the work was done under
this contract defendant paid plaintiff the
| sums agreed to be paid by the architect
| After the performance of the second
| contract the defendant told plaintiff
that he would pay the sum claimed if
! the architect said it was right. But the
! architect contended that the materials
| furnished and the work done under the
| last contract were included in former
| one, and denied making the last con-
tract. The court holds that the evidence
| shows that a contract was made and
was not included in the previous one
Defendant had the benefit of plaintiff S
materials and labor, and by permitting
| his architect to make contracts without
notice that his architect was specially
| authorized so to do, clothed the archi-
/ tect with greater powers than those
! customary to architects.
| A variety of legal authorities are cited
| to sustain the position taken, and judg-
ment is given to plaintiff, except that
| the foreclosure will be limited to the
| building and the land on which it rests.
The herald., 1897-01-31
BIG JIM'S" BONDSMEN
The Case Tangled Up Beyond Hope c
Being Properly Strengthened Out

The case against Chew Wing Cow,
popularity known as big Jim," is in a
tangled condition.
He was charged jointly with Gong On
Chong with the murder of Wong Chez,
one of the shining lights of Chinese high
society circles. Upon the trial of Big
Jim some monumental liars We're de-
veloped, and after the trial itself affda
Wits and counter affidaVits bore testi
nony to the resources of counsel on
either side and the ability OF afiiants to
treat the truth with the most ingenious
contempt Judge Smith stated from the
bench that the most fragrant perjury
had been committed and that a mans
life could not be sworn away in any
such fashion, and granted the defendant
d new trial.
The district attorneys office then took
a curious stand. An appeal was taken
to the supreme court from the order Of
Judge Smith granting new trial, but
almost simultaneously the charge
AGAINST Gong On Chong was dismissed
in department one. ON the motion of the
district attorney. This appears to be a
contradictory attitude for the district
attorney to have taken, for if it APP
pe9reG so certain to the law officers Of
the state lnal Big jim was peS pl.u
peradventure guilty, and the circum-
stances seemed to warrant an appeal
from the ORDER Of the trial court ii
would also seem as if Gong On ChOng
should also have ben held. The reverse,
OF course. also holds good. If the case
against Big Jim" was so flagrantly in
termingled with lies as to call forth the
scathing denunciations of Judge Smith
and cause the district attorney to move
for the charge against Gong On Chong
to be dismissed. it would seem as if
there was, by the very action of the
district attorney himself, little room for
The herald., 1897-01-31
COURT NOTES.

Judge York yesterday gave decree in
favor of plaintiff in the case of the Los
Angeles Savings bank aginst Acevedo
ct al. suit for foreclosure, for $685. and
an attorneys fee of $50.
After two days trial the case of Gray
Bros & Ward against S. r. McCray,
was submitted in department three yes
terday. The suit arose out of contract
for grading Twenty seventh and Twen-
ty-eighth streets east of Central
avenue, and the amount involved is
about $1,000.
Judge Van Dyke yesterday gave judg-
ment in favor of plaintiff in the suit of
w Farrell VS.. l.. E. De Hay, suit to
foreclose, for $3.50.
In the suit of Schroeder ct al. VS.. Cum
ningham. a suit to foreclose. Judgment
was yesterday rendered by Judge York
in favor of plaintiff. for $4,000 and 5000
attorneys fee. j. B. Gibson was ap-
pointed commissioner to sell the prop
erty, his bond being placed at $4,000.
In department four yesterday in the
suit of Summer & Lemmert ct al, Judge
Van Dyke gave Judgment for S3354.31 to
plaintiff. with S100 attorneys fee.
Louis Claveri, native of France was
yesterday admitted to citizenship by
Judge Allen.
The herald., 1897-01-31
STEALING FROM NECESSITY.
Frank Thompson Urges Vainly That He
is Not in 1t as Business.

A colored man named Frank Thomp-
son pleaded guilty before Judge Smith
yesterday to stealing certain articles of
underwear from Chinese laundry. He
said that he had just been released from
Jail and had no underwear himself; that
he was cold, and took the property to
supply his urgent need and not to sell
again.
Well. Mr. Thompson" said the court,
your not having underclothing is bad
enough, but you must learn that there
is never any reason why you should steal
whatever may be your necessities"
I'm not in it as a business inter-
polated the defendant
"Under the circumstances you will
serve one year at Folsom"
Mr. Thompson collapsed.
The herald., 1897-01-31
PERRY RUNDELL'S BODY FOUND

Coroner Campbell yesterday received
word that the body of Perry Rundell of
this city, who was drowned in Elizabeth
Lake some weeks ago had been recov-
cred. The coroner departed last even
ing for Lancaster to hold an Inquest on
the remains. Perry Rundell and some
friends went up to Elizabeth Lake to
shoot ducks. 1t was said that by the
capszing Of his boat he was thrown
into the lake and drowned, but there is
some mystery about it.
The herald., 1897-01-31
Rupture Cured
in Four Months
LOS ANGELES. Jan. rs, 1897.

LOS ANGELES, Jan. 70, loSt.
I was ruptured some time ago, and
consulted my family doctor. one of the
best in the city, concerning my case
He advised me to consult Prof. Joseph
Fandrey, 821 South Broadway, the Eu-
ropean Specialist. went to the profess
sor at once. and as soon as he examined
me, he said that could be cured and
in short time if were tofollow strictly
his instructions. He fitted me with his
own handmade truss, and I am happy
to say that felt relief and comfort at
once. I am a truckman and have not
lost a days work. In about four months
I was completely cured.
am thankful to Prof. Fandrey, and
recommend him to all who suffer from
rupture. I would only be too happy to
answer any inquiry in regard to my
case. HERMAN ZUBER.
754 CASTELAR, street.
The herald., 1897-01-31
THE DIVORCE MILL.

Judge Shaw yesterday granted a de-
cree to Carrie Cook against Nelson ].
Cook, by default, on the ground of de-
sertion.
A decree was also granted in the same
department to Mrs. c. Huber, from her
husband, by default, on the ground of
failure to provide.
The herald., 1897-01-31
THE BEAUTIES OF CALIFORNIA

Arc best seen On the trip around the
kite-shaped track. You pass through
each town but once. Tickets permit
stop-overs at pleasure. Round trip,
$40 Observation car leaves at a. M,
returning at sos p. m. Stops are made
at Redlands and Riverside for sight
seeing. Particulars at Santa Fe ticket
office.
The herald., 1897-01-31
AN IMPORTANT SUIT.
Begun by the Government Affecting
the Town of Needles

The complaint in an important rail-
road suit was filed yesterday in the
United States district court. and it may
possibly have widereaching effect In
throwing open to settlement some hun
dreds of thousands of acres of land.
The herald., 1897-01-31


FORD-January 2S, 1897, John Henry Ford,
brother of Daisy and Ida Ford, aged
IS years.
Funeral from parlors of John r. Paul,
42l Downey avenue, East Los Angeles,
Monday. February 1st, at p. m. Inter-
ment Evergreen cemetery.
DREYSSE-On the 2Sth inst, at II pm,
Ernest DreySse.
Funeral from Peck. Chase & Co., under
takers. at pm. Sunday, 31st inst.
Mr.. Dreysse was member of the Confed-
crate Veterans association and will be
buried by that organization.
The herald., 1897-01-31
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., 1897-01-31

Hawley, King G. Co., cor. Fifth st. and
Broadway, agents genuine Columbus
Buggy company buggies and bicycles.
The herald., 1897-01-31
BOUGHT THE FAMOUS STOCK

OF clothing and mems furnishing goods
at an immense bargain. Watch for the
sale. Broadway Department Store
Fourth and Broadway
The herald., 1897-01-31
DEATHS

Agents Victor, Heating and World bicy
cles. Hawley King & Co.
The herald., 1897-01-31

Largest variety Concord business wag-
ons and top delivery wagons. Hawley
King & Co.
The herald., 1897-01-31
THE MOST BEAUTIFUL PLACE
IOTTINGS

In California is San Diego and Coronado
Beach-a perfect climate.
The herald., 1897-01-31

Everything on wheels. Hawley, King &
Co., cor. Fifth street and Broadway.
The herald., 1897-01-31

Maximum temperature. 81.
Minimum temperature. 40
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-06-05
sHERlEE.s SALE.

NOTICE Is HEREBY GivKv THAT
IN by ylrtne OF an execution 10 mo directed
IRON tho third Judicial District Court tate
III, nnieigh ana against William II. Folsom,
hiixlbrth q Folsom, his VIE iiyrum u. Iol-
eoin aud Amaze l. olsoHf his wne. and he
Great sat LAKE \ Hot springs halfway COM
pAny, corporation. to satisfy a deficiency
Judgment OF two thousand one hundred and
iorty Two and H.iOU do lars. intcrest
rnon all mo right title. cain and
intSfeet OF William II. FOLSOM AMI Hyrum 4.
FOLSOM, In tho 10 lowing described property.
situated IN sail Lake county. staso 81 utah,
Lots one % to fourteen 90 both inclusive
and Lots seventogn 90 10 twonty six t,u)
both iaelusye. IN illock one ~, and Lots one
Cfl 10 lnrce tsl both inclusive. and Lot SIX go
10 thirty two tag) both inclusive. IN block Two
t2i. and Lot one ~ TO SIX " both inclusive
said addition being In the southeast corner of
tn northwest qusrier Of tile souiheastquar-
ter OF soctOn 'wenty.thtoe l.N. township
ono nortu OF range one west. sat Lake meri-
dian ala" Lots two ~ TO fourteen 40 both IN.
clusicc, IN i.lUc1 two (g), mf al of Bloek SIX
90. Lots two ~ to eign,een (,sl 10Th inolu-
awe In Biock teyen "a, all Of Blocks nine t9).
twelve (l2l and thirteen tl3, Also lots
three (sl 10 ak ~ and nine 81
70 seventeen tlD, IN Block sixteen tle)
and Lots twenty two t2-l to thirty four go,
both Inclusive, IN Block seventeen 40. also
a | OF oct eighteen fisl, all In folsom's al.
SOU invest quarter At tho southeast quarter
and the east one half OF southwest quarter of
Section twenty three ts3l owl ship one NOR h
of Runge ono west. salt Lake Meridian Also
beginning sixty lJol feet foulh. OF the north.
cast corner OF Lot eight ls), Block seventy
eight t1s) Pat "A" salt Lake Lity survey.
running thence west one hundred and forty
(iiD feet thence south ninety-ex Nb)
feet thence east one hundred anu forty (isO)
feet. thence north ninetysix r6) feet TO
place OF beginning. taken n he properly OF
william II. \ olson and iiyrum q Folsom and
will expose the same for sale or so much
thereof hs VIII satisfy the plaintiffs demand.
to-wit: s9,ItAl,, int est and hccruing costs.
NJ the West 'front.' Door OF tho county Court
House, at the city and county of salt Lake,
slate OF Utah. on the tn day of June. A. ID.
1891, at " O'Clock noon, to DO sold as the
nronerty OF William II Folsom and Hyrum
i. FOLSOM. at the suit OF A. IL. Raleigh.
Dated al salt Lake City. Utah. this send day
Va THOMAS p. LEWIS.
Sheriff.
ByJ. q. TIvMoSY. deputy Sheriff.
BARLOW FERGUSON, Attorney forPlainth.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-06-05

The State of Utah sends greeting TO Carlton
W. Vestch. kstollc Veateh. Charles l..
Crane, William o. Thomas and Mrs. ......
Thomas, the wife OF said W. .. thomas,
and David A. Dopue dciendanis'
You arc hereby required 10 appear IN m
action brought against you by the auoVc
named plaintiff In tho District Court of tho
Third Judicial dlstrict OF the state OF Uthh,
and to answer tue complaint hIeu tnerclh
within ten days (excuslve OF the day OF SER
vice. after the service OH you OF THIS sum.
mons-if served W, thin this county; or, u
served out OF this county. but IN inns nlsfict
within twenty days. otherwise withln iortY
uays-0r judgment by default Will BIO taken
against you, according TO the prayer otSa'u
comp amt
that there is due upon the note iorcnaiter
DESCRIBED the sum OF sl.lb2, WIN Interest ~
8 per cent pen annum from september p; lelo'
FOR S7A attorneys fees, and Tor COSTS OF sur,
alleged to 10 duo upon certain promiesory
note, executed by haid defendants Carton W.
Veateh and Charles l. urano TO one l.. Y.
Crosemdn. Tor sl,b0U, November ., lew, no part
of which has been paid except interest 10
November ., lsS2; and same Is now lue hnu
unpaid, same being secured by mortgage OF
even date Herewith on premises hereinafter
described executed by Rnid defendants
Voatcn. to SAID L. o. Crossman, which shii
note was on said date duly sold and astigned
las nlsa ssid mortgaRcl to James thompson.
now decenHei, mat plnintine ~ humlnis-
traitor and executor now own and hold same !;
thar on september y levi said deiendhnts
Thomas, assumed and agreed to pay SAID note
| aud mortgage. TO have tho usual statutory
| decree OF his court FOR the reformation of the
description OF the real estate described IN said
| mortgage, so ns to conform TO the intention or
| the parties thereto. as hereinafter described !
| ;hst said real rals.c be so and prcs"ehs APP
~ icd in payment of amounts dun rs above.
| with accrniug costa; that plhintilis have
| deficiency Judgment against defcndhnth, arr
ION ". voatch. Cnas l. Crane and VIM. ..
/ Thomaa; that n receiver be appointed 10 col
| lect the rents and profits from said property.
| and hold same subject TO the order of tho
court, and Tor other relief.
said property being described bs follows;
| Lots 10 ana II IN Block 2, in Bigg's FIRST Add
| tion TO snlt Lake CITY. tho same being sub.
| division Of lot 20. block H. i've acre plat "A,
| Zig Fisdisurvey, situate IN salt Lake county,
| State OF Utah
And you arc hereby no lied that IL you fan
| to appear and answer tho said complaint aa
| above required, the said plaintiff viii apply To
| the courifor the relief demanded therein.
| Z Witness, the honorable Judges, and the seal
| of the district court OF the THIRD Judicial dis'
riot in and for the State of Utah. this 18th day
| IS Ray. In the year of our Lord one thousand
| eight hundred and ninety.seven
tsEALD DAVID @. DUNBAR,
/ O,erk.
by GEO. D. LOOMS. Deputy ClerK.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-06-05

the state, and prepare he way Tor the
4 laugurati,n of Debl's oo-ppera i've
com nopw-nlth. Following is the
partial III orsry Of the van: Greeley.
June At; Fort Colhns, June 9th;
Loveland, Ju 9 9tb; l. uisv'lle, Jeue
1OIb: l. ipgmont. June lin; b NJ er,
June 18Th; Littletou, June l4ib. From
Littleton the van Will 20 south 10 q j.
orado Springs. taxing In The principal
towns on route, thence to Pueblo,
stopping four or i've days. From
Pueblo they viii 20 10 La Vets, thence
over La Veia pas. into the ssn Lpi'
valley. They viii take obsut tbIee
weeks for the purpose, ana viii visit
he Olaihe colby, a sociaIle,ic settle
ment which was established about two
years age. Then they viii 20 to urat
Junction and MAXI their way bScb,
stopping at Lendville, A-pen anu sl
OF the mining towns.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-06-05

The stnte OF Utah scnds greeting 10 Hugh A.
Arnold and b. q. Veitch defendants
VOU ARE HEREBY REQUIRED 10 Ap.
Il pear IN an action brought hganst you
Court or the Third Judicial District OF ina
state OF Utah, and TO answer the compliant
nled therein within ten days texciusivo OF tho
day or fervicel after the service on yon OF
this summons-f served within this COUNTY
or. II served ont of this county. but In this di,
irict within twenty dhys; otherwise within
taken against you. according to the prayer OF
said complaint.
against The defendants for the sum OF s2is.Il
principal aud interest thereon on at the rate
of sper cent per apnum frora and since June
70. 1898. less 81 pad august ~ isas. spaid
August "a, lsr5, $3.50 paid August 81, 1875 81
paid September 7. 1885. and IS 80 paid October
I. 1850 For ssy attorneys fees and costs OF
sn,.; alleged tS be due me plaintiffs from tho
Ssisnasn n SIaod 1'es To plant hs sia
for Sn The 1hs . a2sA Of f. Que 1nn' in so
s per cent per annum; the same bein g duo
and wholly un paid. save and except the sums
as above set forth. being secured hy i mort.
gage OF even uato herewith on the premise.
hereinafter described executed by the de.
fcnhRnt uugh A. Arnold. and hia wife susan
Arnold, 10 Tie PLAINTIFF; thai these plaintiffs
are tho lawful owners and holders OF said note
and IN origage; mat by the tcrnis OF said mort.
EHEt t0o hboNe utAtuuhut. nuHu a.
Arnold. agreed to pay reasonable attorneys
fec, to have the usna. decree OF this court for
the foreclosure OF sad mortgage. and the ale
of snid premises, adjudginE the proceeds OF
said sale may be applied TO Tho payment OF tho
amount found duo to these plaintiffs. after tho
payment of the costs of the Duu l. and eS.
penses of the sale; that defendant, and all
iereons claiming under them, be barred and
ioreciosed OF oil claim or equity OF redemption
III epld promises and every part thereof, lhGt
plaintiffs have judgment and execution against
The sad defonuhnt Hugh a. Arnold, for any
deficiency which way feniatn after applying
all be proceeds OF the sale OF SAID
premises properly applicable to tho
satisfaction of said judgment That
The plaintiff or any party to.tnis suit mAy 10,
come q purchaser at said sale; that the sheriff
execute a deed to the purchaser; that the par.
on production OF the snerih's aeed therefor;
and that the piaintiiis have such other and
further relief in the premises as TO this court
may seem just and equitable
SAD prcmIscs arc described as follows Lots
nfty.one (bi), 1fty-two (52) IN Block three ~
In Central Park subdivision OF Lois !. land
and ID in Block Al. Ten Acre HAT "a" Rig
Field survey. Same bel & situate in salt Lake
CITY and county, Utah.
Ana YOU are hereby nouned that ~ you fail
to appear and answer the said complaint
as above required. tho said plainliii Will apply
to the Court for Inc relief demanded lherein
Witness the Honorable Judges. ana the seal
OF the District Court OF the Third Ju.
isEALI Utah. this 22nd DAY of January, IN
the yesr Of our LORD one thousand
eight hundred and ninety.seytn
DAVID |, DUMB k CLARK.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-06-05
esTaAY NOTICE.

VIyHEREAS, ON THE 3ist DAY OF MAY.
w 1871. ! received from Da Ia DAVIS
certain black mare, about II years old, small
star in forehead, white spot on nose, hind feet
shoulder, also certificate signed by la Ia
DAVIS. setting forth that the sad animal was
found trespasaing upon ms premises, and that
the amount OF damage or ircspa.s is ~ cents.
Notice is hereby gwen, That II SAID ANNA
IA not claimed and taken away, and SAID
charges and costs all pa d before O'Clock p.
IN on Thursday, the Eth day of June, A d
1891 at the city pound in Bountiful uity. Davis
County. state OF Utah, will at said time aud
place offer snid animal for sale at public auc-
lion, and sell tue same TO the highest bidder
for cash, to satisfy the amount claimed on SAID
certificate and u costs
Dated at Bouutiful City. Davis County. ststu
OF Utah, this lat day of June. 1891.
DANIEL X. DAVIS.
pounl koeper for 1 ouutiful CITY,
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-06-05

An ordinance amending sections y. mud :. OF
chapter 70 OF the revised ordinances OF
ls9g, EMIT ed Licenses. and repeating al
ordinances IN conflict herewith.
Section l. he II ordAined by the CITY
Council OF salt Lake CITY. state Of utsn. thhs
Section 50 of Chapter q OF the he'isen otui.
nsnees OF lsss De smenlel 80 az 70 esnpess
and Job wagons. Carriages, caps' cohonos.
hackE, omnibusea. or other rublic passenger
vehicles, OF any description or name wha,sy
have the iicenss therefor fra eu enu .oVe.su
with glass aud securely httac led 70 tns
vehicle on the right hand sioe thereol IN ruch
manner as 10 be exposed 10 puY' ic view. a, !,
section II. THAT section "a OF chapter ~ OF
tbs revised ordinances OF iesI be smen hn ~
ar to read as follows: Amy person licensed
az aforesaid, usirg n wagon, cart or other
vehicle OF any description or name whatso.
ever, IN the business OF penanns .. nay A ans,
covered with glass and securely attached 10
the vehicle on the right hand side tnsreoi, "
seoiion iii III ord nances and parts there
of in conflict h herewith. are hereby repealed,
Passed by the City Council OF AIT Lake CITY
nnd roieTred to the Mayor for his approval,
(sEAL) DAVID .. n,t
Approved this the 18th day of May, A. ID.
i'''' JAMES oLESDlNNING.
STATE OF UTAH, lss
City and County OF Salt Lake,
nnyd 4 Emery. recorder in aud for salt
Iat a CITY. state of Utah do hereby certify
that the above and foregoing Is a iuil, true ana
correct coy OF an ordnance, emitted An
ordinance amen ing sections ~ and u OF
Chauter i ~ the Revised Ordinances OF lss2.
entitled .Licenses', ard rcpoaling All orli,
nnnoes In conflict herewith" passed by the
City Council OF SAID city May 4th. 1901, and ap.
proved by the Mayor May btu 1871. as appears
OF record in my office.
In witness whereof have hereunto set my
hand and Affixed the corporate seal
IsEALl of said city the 9Th day OF May. A.
DAVID s. EMERY.
Roio City Recorder.