davidaulloa/AmericanStories huggingface dataset:
Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1897-01-06

top board of the double-runner and n
is a sectional view of the top board
of the front sled. A stout bolt acts as
a pivot, around which the two pieces
NJ and N, which are screwed to c and
d, turn. The dimensions are given in
the figure.
The back sled now remains to be fas-
tened in place. Fig. shows a very
ingenious device. 1t is side view
At Fl there is a hinge which allows
the front part of the sled to tie up
when the double-runner is going over
hilltop. The bar marked K is firmly
screwed to the long seat board P. The
Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1897-01-06
Remnant Cinghams

Short Ter gths, light colors will make up fine
10c goods, close at
Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1897-01-06

that of the sled, viz, ten inches. The
top board P is five feet long.
Having fastened the back sled to the
top board as described above, the
double-runner is finished, except that
it needs some steel runners and coat
of paint. Therefore go to blacksmith
who likes boys, and get him to make
runners to fit the sleds. Fasten them
on, and paint the whole double-runner,
top and bottom. You will then have
n sled fit for king.
Naturally.
Doctor-How did the child sleep?
Mother-With her eyes closed
Truth.
The herald., 1897-02-18

it must be answered in the negative.
And if the purpose of counsel was to
have determined the legal sufficiency
of the defense set forth in the answer
and herein before referred to, that pur-
pose has not been attained"
In giving his reasons for arriving at
this conclusion the court says that 1t
Is for the attorney general to consider
the policy of allowing the action and
to explore the mind of the relator and
ascertain his position and motives And
when he has exercised this discretion and
brought the suit in the name of the peo-
pie, it is for the court to try the issues
of law and fact presented, by the rules
that govern the trial of ordinary cases.
Il am of opinion, therefore, says the
court, that the defendants cannot now
be permitted to explore the mind of the
relator and investigate the motives that
prompted him in making complaint to
the attorney general, or to show that
he was instigated by the Los Angeles
Lighting company, or that the expense
of the proceedings is to be paid by that
CORPORATION But this should not be
construed as a ruling that the defend
ants cannot be permitted to show in
defense that judgment excluding them
from the exercise of the franchise would
work public injury, and for that reason
should not be made.
"If the purpose of counsel was to
bring before the court by the offer of
proof on the motion for continuance, that
purpose has not been attained. The OBJ
lection to the offer as made are sustain
ed The case will, upon stipulat ton or mo-
tion be set for trial"
The herald., 1897-02-18
A MEAN SWINDLER
Who Represented Commo, Stock to Be of
Budded Varieties

There are many mean men in the
world, and many and varied shades of
meanness, but it would seem as if one
James j. McKenna deserves at least
dishonorable mention for particularly
mean trick he has been playing upon the
ranchers of certain portion of the
county.
He appears to have made a practice
suade to buy what he represented to be
budded stock of various kinds when, as
a matter of fact, the young trees had
never been grated at all, and were of
the most ordinary variety Yesterday
a. Mcdonald of Lamanda Park, made
complaint in the district attorneys Of
flee, and upon his representation Mr..
James drew a formal complaint, which
was filed later in the day a Pasadena
The artful Mckenna sold to the COM
plainant Mcdonald 40 young apricot
trees which he represented had been bud
ded and were of the variety known as
Royal apricots," having been budded
upon a Seeding root The trade was
made upon this basis, and Mcdonald
paid over $3.50 for the lot. In reality the
young fruit trees were not budded stock.
but this fact did not develop until they
had been planted out and time had
elapsed.
lnasmuch a. many sales have been
made on similar representations halt
has now been called and McKenna tried
for obtaining money under false pre-
tenSeS
The herald., 1897-02-18
THE JAMES JURY
Defending Counsel Draw a Distinction Be-
tween "NuIgar' and "Obscene'

Counsel in the case of Capt James, of
non-partisan in-fame, are determined
apparently that SO far as they are con-
cerned the jury shall be a capable one
Messrs. Laid ana Hughes are defend
ing the accused and were petitioners
yesterday in the United States district
court in seeking to inquire what distinc-
ton each individual juryman drew ir
his mind between the terms vulgar
and "obscene." In legal phraseology
these words have a more accurately de-
fined meaning than when used in ordi-
nary conversation. and it may be that
the defense set up will be that inasmuch
as the Partisan" did not laud and
eXtol vice. it may have been vulgar"
but certainly not obscene" in the legal
sense.
All day the examination Of jurors pro
ceeded until the panel was exhausted
and a special venire issued made re-
turnable this morning when the jury
VIII be completeG and the taking Of tes-
timony will begin, The particular charge
laveled against the defendant is that
Of having misused the United States
mails by forwarding obscene literature
The herald., 1897-02-18
HAD TO TELL HIS WIFE
Burbank Italians Spree With a Swede
Where Is His Wagon NOW?

Joe Silvano resides in a one-room,
windowless shanty mile and half
northwest of Burbank. His wife keeps
a small grocery on Upper Main street.
Joe keeps bachelors hall and trims plum
orchards.
les in his one-horse wagon, having just
received a sum of money for trimming,
to purchase a supply of groceries. He
bought about $40 worth of bacon, bread
wine coffee, etc. Before starting home
in the evening he entered a saloon to
moisten his tonsils and met Swan Pot
hou, a Swede, who was lubricating pre-
paratory to a jaunt to Randsburg. He
had a supply of groceries also The two
compared notes and piled all the stuff
into Silvano's wagon. They then drank
a few times and started north. About
nine miles away is combination grog
gerry, grocery and hotel, at which they
stopped to take in more liquor. They
tarried a long while. and when they
came out the vehicle and horse We're
gone. The Swede. in disgust, turned
back and went to bed.
1t was quite late and very dark
Whether the nag had broken loose and
strayed up against some victim of the
existing stringency of the money marget
who looked upon the outfit as an adj
vance agent Of prosperity and appropr-
ated the goods, or had been unhilchel
and driven off by thief was the riddle
Joe and his jag started out to solve
it, He floundered through fields. bitches
and gardens and over to the eastern
The herald., 1897-02-18
THE LIGHTING FRANCHISE
Judge Clark Holds the BaIanc. Between the
Opposing Companies

The question of the electric lighting
franchise again has been brought to the
surface by an opinion, handed down by
Judge Clark yesterday, in the case of
the people ex rel. Kenealy VS.. Scott ct al.
The action was in the nature of a writ
of quo warranto, brought by the attor-
ney general at the relation of John Ke-
nealy, to obtain a judgment declaring
void a franchise to erect poles, string
wires and construct conduits for the
transmission of electricity and electrical
energy through the city. granted by the
mayor and council to the defendant on
July Is, 1895, and as signed by Scott to
the West Side Lighting company. The
bid Of Scott was for $107, and to furnish
electric lights for the city hall durin g
the life of the franchise. One Spruance
bid the sum of $506, and it was contended
by plaintiff that Scott was not the high
est bidder, and for that reason the action
of the mayor and council in awarding
the bid was void. The answer of defend
ants, after alleging that the bid Of Spru-
ance was not made in good faith. with
the intent to accept and carry out the
conditions of the franchise. but was in
fact made in the interest of the Los An
geles Lighting company and for the pur-
pose of preventing competition in the
I-dtlGl W Iu4 Il4SHlNS tleclIlC lSlt, neat
and power to the city, and that the
council in awarding the franchise t.
Scott legally determined that his bid
was the highest and best made in goO6
faith contains many allegations which
reduced to a residUum. amount to this.
Admitting that the franchise should rot
have been granted to Scott for the rea-
son that he was not the highest bidder
still the court should not pronounce it
void, for the reason that the defendant
has expended large sums Of money under
the terms of the franchise, and as being
used by defendants is of great benefit
to the city and its Inhabitants, and to de
clare it void would not work a public
benefit but public detriment in that
1t would prevent competition and tend
to establish monopoly.
Upon trial the defendants moved for
continuance upon the ground of the
absence of a material witness. and If
was then stipulated that the competency
of the facts which defendants claimed
to be able to prove by such witness
should be submitted upon briefs. and in
the mean time the cause stand conttn-
ued. The facts which defendants offered
TO prove were that the action was brought
in the interest and at the expense Of tho
Los Angeles Lighting company and the
object of the action was to benefit thar
corporation. 'The question presented
10 the court say counsel for defend
lants, in their brief, is whether or NOT
I'VE have - right TO explore the nina
OF the relator and inquire into the mo-
dyes which underlie the action
.sS"If this be the question:" says Judge
Glark, am inclined to the opinion that
The herald., 1897-02-18
A CONFLICT OF TESTIMONY
In Welsh's $4,000 Rail-
way Damage Suit
The DAnfR| SUIT again IN COURT
XFaceff0Gs SWindIer Arrested
by Federal Authorities
THE LIGHTING FRANCHISE
An Opiaion by Judge Clark on a COL
lateral Issue
The Speckens Case Given to the Jury
Yesterday
Difficulty In Getting a Jury In the James
Csse-Maggiora Purged of His
Contempt-A Quick
Capture
THE LIGHTING FRANCHISE
An Opiaion by Judge Clark on a Col.
lateral Issue
The Speckens Case Given to the Jury
Yesterday

There was a wide divergence in the
testimony yesterday in the suit of
Thomas Welsh against the Los Angeles
Railway company to recover $4,000 as
damages.
The story of the plaintiff, in detail
was published in full yesterday. He
contended that while holding an alter
cation with Chapman, conductor OF the
car on which he was travelling from
Eastlake park toward Sichel street, he
was thrown from the car by the con-
ductor. Whether it was that car or
the next one, going eastward, that ran
ever him plaintiff could not state, but
he was very definite about the alterca-
ton and his violent ejectment.
Yesterday Chapman, the conductor,
and Smith, the motorman on the car
upon which Welsh travelled testified
positively that upon the car reaching
the terminus of the road at the PARK
Welsh got off and did not return on
that car at all, but started to walk down
the track toward his home on Sichel
street. Parker and Waddleton, the con-
ductor and motorman on the next east
bound car, testified to seeing the body Of
a man lying between the outside rail
and the bank as they approached. The
motorman did not espy it until about ten
feet away, and then put on the brake
with such suddenness that the car
thumped for a moment or two. Welsh
was found lying as indicated, in very
much battered condition. and the neigh
bors were aroused and, after being
placed in their care, the car made the
run out to the park and returned and
picked up Welsh and brought him into
the city.
The only inference to be drawn from
this testimony was that Welsh had
walked down the track from the park.
intending to go home, but that being in
a sleepily drunk condition he lay down
beside the track and was run over bv
the next eastward car in the accidental
manner indicated.
Both DR.. AinsWorth and DR.. Bryant
testified that Welsh when brought to
the receiving hospital, was drunk but
to some extent rational in mind. They
questioned him separately regarding
his injuries, and the manner of receiving
them. In each case he said ''he didn't
know" how he had been injured. His
wife, however. who talked with him al
o'clock next morning, sWore that he told
her that the conductor of the car did
him up" and DR.. r. c.. Taylor of the
county hospital learned from Welsh, on
the 18th instant, five days after the ac-
cident, however. that he had had trouble
with the conductor when he said he was
going to ride back to Sichel street. ami
he was thrown off the car as as it
started.
These are some of the difficulties the
jury will have to pass upon. The talk
ing Of testimony closed about $3.50, and
Lucien Earle. esq. opened the argu-
ments on behalf of the plaintiff, and had
not closed at the time of announcement.
The herald., 1897-02-18
THE MAOGIORA DIVORCE
II Took Over Month for the Husband to Purge
His Contempt


The Maggiora divorce imbroglio is in
a quiescent state-for the present. The
defendant refused to pay the alimony
ordered by the court-not actively by
word of mouth, but passively by simply
lying back and failing to let his divorced
wife see the color of his money.
Cited to show cause why he should not
be punished for contempt. Maggiora
urged that he had no money, but his ex-
wife was on hand and made such a show
ing as to convince the court that her
statement was nearer to the truth than
that Of her spouse. He was sent to Jail
and, after cooling himself there for
time, was again in court and subjected
to rigid examination. He again failed
to convince the court that he was the
penniless fellow he said he was and was
again consigned to the sheriff's care.
Yesterday Judge Shaw ordered him dis
charged. after having been in confine-
ment for thirty-two days.
The herald., 1897-02-18
New Sui S Filed

The following complaints in new suits
We're filed yesterday in the superior
court:
Frank Bartlett Post, No. 6, G. A. r.
A petition to change its name to Bart
lett-Logan Post, No. g.
Jean Marie Campau VS.. J. Maria Moil
and Jennie Moll.-A suit to recover $3.50
on a note given July IL, 1895, with inter-
est and costs.
NJ. I. F. Browning VS.. Frederick
Stock.-A suit to recover $3.50 on a note
given at Santa Ana June 81, 1895, 800
attorneys fee, interest and costs.
The estate of John c. McCallum, de-
ceased.-The petition of Harry F. Nc
Callum for letters of administration.
The estate is valued at $50, 259O 90, includ-
ing personal property valued at $4,000.
The Security Loan and Trust company
VS.. Lavinia E. Tufts, ct ala suit to re-
cover $3.50 on two promissory notes, at
torneys fees, interest. costs and that a
decree of sale be ordered against the
mortgaged property.
W. a. Kinghten ct al, VS.. Maria S. de
Sanchez ct ala suit to quiet title to
land upon which a portion of Grace
Methodist Episcopal church rests, being
lot %, block of the Sanchez tract.
The herald., 1897-02-18
Two ArmI..--tne Re :uIar and Irregular

To which would you prefer to belong?
The regular, undoubtedly. The irreguars
are. admittedly. the most numerous. hut
they are in very undesirable state of no.
discipline. Hostetters Stomach Bitters
liver or bowels. Biiousness manifests
itself in yellowness of the skin and eye
balls. sour breath, furred tongue. morning
nausea. discomfort in the vicinity of the
liver. vertigo and sick headache. Hosts Of
people suffer thus. These signs of insub-
ordination to the governance of health. to-
gether with An irregular condition of the
bowels, are soon regulated by the Bitters,
which also overcomeS malaria, dyspepsia
rheumatism. neuralgia. nervousness and
kidney trouble. AS means of checking
premature decay fastening convalescence
and mitigating the infirmities of age, the
great tonic is without a parallel.
The herald., 1897-02-18

hand carriage as he was crossing the
street, was really very mild and we'll
behaved animal. The son of Sleek, the
defendant, testified to being its owner.
and stated on the witness stand that
had the brute not been mild tempered he
would not have permitted his daughter
to drive it all the time
The arguments occupied some time In
the afternoon, albeit the defense had
little to say and at 4 o'clock the jury re-
tired.
At 10 o'clock the jury, after six hours
deliberation, returned a verdict for the
defendant
The herald., 1897-02-18
A FACETlOUS FAKlR
He Catches Bargain Hunters but 1lsuses the
Mails at the Same Time

If all accounts are true. ]. B. Kelley is
a swindler but of the good-humored,
facetious kind. Judging from his ac-
tions he has a very pretty wit, but un-
fortunately for him, he allowed the ex
uberance of his spirits to run away with
him until he ran full tilt into the open
arms of Uncle Sam.
Kelley advertised extensively in the
papers. among others the San Fran
cisco Examiner, over the name of "The
Southern California Silk Co." and made
offer of some very alluring bargains in
silk goods. He offered to forward by
express ten yards of silk to any one
who would send 81, and he did it, too,
but the bargain-hunter received in ex-
change for their coin only ten yards of
silk thread in return. This, on its face,
is rather funny than otherwise, but at
the same time it is illegal, and Postal
Inspector n. H. Flint gathered Kelley
in on the charge of using the United
States mails for fraudulent purposes.
The herald., 1897-02-18
THOSE OVERLOOKED LANDS
Lands Estimated to Have Declined in Value
From SI2s to S3s Per Acre

From SIPS to $3s Per Acre
The upper corridor of the courthouse
presented quite a lively appearance
again yesterday. The damage suit Of
Danerf against the Southern California
Railway company was again up for fur
ther hearing in department four, and
all the friends and neighbors of the
plaintiff, not to mention the witnesses
on both sides. fairly swarmed around
This suit is not only of some interest
on its own account, but has an added i'm
portance when it is remembered that il
is, virtually, a test case. In the event
of the plaintiff being awarded dana sas
the trial of the remaining cases of kin
dred origin, though with different in
dividuals figuring as plaintiffs, will be
very much simplified.
Yesterday there was put in by counsel
for the plaintiff a mass of testimony
tending to show the value of plaintiff :
land before the flood, and its value after
it had been devastated by the waters
of the river at the time of the break
in the levee.
The following We're among the wit
nesses: H James, ]. G. Bell, J. j. Moore,
j. NJ. Butler, NJ NJ Shirley, B. A. Lugo
Pedro Lugo and A. c. Ramirez
All of these witnesses testified to the
effect that the land in question was
worth from 500 to $125 per acre. The
soil was before the flood, ricn
and deep and was capable of
producing valuable crops. At pres
ent the same lands are, according to the
testimony, worth anywhere from $40 to
$35 per acre. On account of the heavy
deposit of sand no crop of any value can
be raised, and as since the flood they
have been subject to overflow during
each rainy season plOughing is of no.
cessity very late and the ground is kept
constantly damp.
The further hearing of the case will be
continued today.
The herald., 1897-02-18
LARGE CAPITAL STOCK
Corporation Planning OPERATIONS on a
IarUA Scaie

A corporation P-anniIR O)erauonS on
Large Scale
The ORC Vista Consolidated Mining
and Milling company filed Incorporation
papers yesterday.
The purposes of the organization are to
locate, purchase operate and sell miner
al lands, mines, mill sites and the erec-
ton of mills and the operation of the
same for the reduction of ores; the To-
eating, developing and selling of water
claims and water rights appurtenant to
such mining and milling enterprise.
The capital stock is fixed at $1,000, ,000
divided into 100000 shares of the value
of 81 each and of this amount 100000 has
been subscribed.
The directors are named as follows:
Charles S. Lemon. San Bernardino;
William A. McGovern, Clarence H. Ell
lott, L. A. Litterer, John B. Galivan,
all of Los Angeles; George w. Lupton,
Azusa; and Charles E. Hamilton, John
H. Morrissey and Cyrus F. McNutt, of
Los Angeles.
The herald., 1897-02-18

foothills and back He raped at farm
ers' doors in vain. imploring aid in locat-
ing himself, and was savagely ordered
away under penalty of death from
buckshot or bulldogs. Both he and his
rig were lost. About 4 o'clock Sunday
morning he was attracted by a light
glimmering on a brick wall, which
proved to be the campfire of few hobos
quartered in the ruins of the old furni-
ture factory at Burbank. He succeeded
in getting one of the tramps to accom-
pany him to his home. but no trace
of his lost outfit could be found. His
overcoat was also missing. He searched
the neighborhood in vain for his prop
erty until yesterday morning. when he
walked into Los Angeles to tell his wife
that his horse and wagon were no longer
in his possession.
The herald., 1897-02-18
Court Notes

Wilbert \. Bell, native of Canada,
was yesterday admitted to citizenship
by Judge Shaw.
In the suit of Morrison VS.. Creditors
the latter yesterday elected @. f. Grubb
assignee of the estate and Judge Allen
fixed his bond at 81, 500
Minerva Atkinson was granted a de-
cree OF divorce yesterday by Judge AL
len from George l.. Atkinson on the
ground OF his failure to provide.
The suit of Tanzala VS.. City of Los
Angeles to quiet title to certain property
resulted in judgment being ordered in
Depal tment six yesterday fer plaintiff.
D. c. McArthur carrying on business
a PA South Spring street yesterday
filed his petition in insolvency. His
debts and liabilities are placed a So
599 l6; the stock in the store, s., 00O and
household effects S1G0
The jury took just half an hour yes
terday in the United States district
court to return verdict of guilty
against Salvado Murillo, charged with
pension fraud. He will be brought up
for sentence on Tuesday next.
Frank A. Gammer, searcher of titles
from the law department of the South
ern Pacific company's office at San
Francisco, has been making the ROUNDS
of the recorders, assessors and other
county offices during the past few days.
In the suit Of Rubens VS.. Rose, an off
shoot of the protrated suit of Rubens VS..
Mead, Messrs. Brooks and Trask were
ordered substituted as council for plain
tiff in place of John d. Pope, ESQ. and
VIII D. Gould, Esq, plaintiffs, counsel
of record.
The order made by Judge Shaw week
ago restraining the West Side Lighting
company from erecting any more poles
at the instance of the Los Angeles Ma
tional bank, was yesterday modified so
far as to permit defendant to erect
pole at the northeast corner of Spring
and First streets The order citing the
Lighting company to show cause was
continued to March l,
The herald., 1897-02-18
THE SPECKENS CASE
The Strand, of Evidence Gathered Up and
Civ IN to the Jury

The Speckens case, wherein plaintiff
seeks to recover $1,000 as damages, went
to the jury at about 4 o'clock yesterday
afternoon
The testimony yesterday on behalf of
the defense was not of particularly in
teresting character. 1t was shown that
the horse claimed by the plaintiff to
have run away and dashed into his
The herald., 1897-02-18
A LugubriouS Business

The Hollywood Cemetery association
yesterday filed incorporation papers.
The purpose of the incorporation is as
set forth in the civil code of the state.
The directors named are as follows:
f. w. Samuel lson, Humboldt, Neb.; Mrs.
NJ. w. Gardner, Santa Monica; ]. D.
Radford, G.. Smith and I. r. Wallace,
all of Los Angeles.
The capital stock is fixed at s120,000
divided into ,000 shares of the par value
of $100 each and of this amount $50, coo
has been subscribed.
The herald., 1897-02-18
DEA THIS

LLOYD-In this city, February 18th, John
Fl. Lloyd aged "a years.
Funeral Thursday. February 18th, from
his brothers residence, No. GAS West Six
teenth street at p m. Interment at
Rosedale cemetery. Friends invited.
SEITZ-At her late home, 10ll South Hill
street, Mrs. Annie NJ Seitz, aged 70
years, beloved aunt Of Mrs. Lizzie C.
Black.
Funeral from residence, 1011 South Hill
street. Thursday, February 1Sth 1897. at
o'clock p. m. Interment, Rosedale ceme-
terry.
RAYMOND-In this city, Feb. 18th.
Thomas Raymond of Santa Ana, aged 43
years.
His remains can be seen by his friends at
the parlors of Peck & Chase company to-
cay from II to 2 p. m. Interment in Santa
Ana.