davidaulloa/AmericanStories huggingface dataset:
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1897-09-24
INJUNCTION NO. 8 Is DISSOLVED.
Judge Gest Disposes OF II In Short Order
In t he circuit Court.

Judge 9est Disposes OF It In Short Order
In tho circuit Court.
Judge Gest dissolved master in
chancery injunction No. in the cir
Quit court this morning. Mr.. Nc
Mahon was present in behalf Of the
Fultonites. and j. G. johnson and
William jackson for the Woodmen.
The hearing was set for 10 O'Clock.
The court room was nearly filed
with attorneys and interested citi-
zens. Mr.. Mcmahon remained in the
court library searching for new opin-
ions until the court announced that
lie Was ready to hear the case. Then
Attorney johnson notified Mr.. Nc
Mshon, who strolled into court with
o sstchel in one hand and the bill
Of complaint in the other. He
Immediately began the reading OF
the document, in which Parker j.
Bennett. Of Thompson, H.. an al
legged incorporation Of the Woodmen
order, appears as the complain o It,
1t required IS minutes to read the
bill, which Is nothing more than q
rehssh Of the contention set up be-
fore Judge Showalter, the only ma
terial change being the subs tItution
of Bennett for Penn.
When Mr.. Mcmahon had finished,
Mr.. johnson asked Judge Gest il he
desired to hear from him. Mr..
johnson said that ho had made ans
wer to the bill, but that the bill was
practically the same as presented to
the United States court.
"What is there new in that bill?'
asked the court Of Mr.. Mcmahon.
"Why, your honor" replied the
Fulton attorney. "in the first place,
the complainant"
"But 1 mean in the averment,"
answered the court.
McMahon said the difference was
in the distinction of the complain.
ants right as charter member o!
the order, claiming that as such he
held q property right in the organi.
cation.
"But he now ceases to be an incor.
porator," said Judge Gest. land IL
only o member. on the same footing
with the others of the order"
Mcmahon started in to show the
consistency OF the complaint. and
was apparently preparing for one
of his spTead-eagle. long-winded
speeches, when the court intercepted.
Il have sat for hours and hours
listening to these same arguments,
and don't care to hear any more Of
Them" said Judge Gest.
II am not disappointed" replied
NcMahon. land thank your honol
for letting me down SO easily; not &C
abruptly as you did before"
The motion to dissolve ia al
Continued On Fifth page.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1897-09-24

Argus AT the Time the hppliCa-
ton WAS made to Judge jenkins.
The Fulton attorneys have chosen
their own court of ad udication and
they have received adjudication.
The right Of the order to rule its
own affairs has been acknowledged
by that court. The supreme court
ruling Of last spring has been accept
ed by the federal court as settling
all points in the controversy prior
to that time favorable to the order
except as to the removal of the head
Office, and in this the way was point
ed IS lying within the scope OF the
legislature to amend the statutes, and
this has been done. Since then the head
camp has for the best interests Of the
order again decided to move to Rock
Island. Judge Showalter's view was
that Mr.. Penn, of Clinton, could not
claim more anxiety over the future
of the order than did the convention.
He intimated that Mr.. Penn was act
ing for Fulton's selfish interest, while
the delegates at the conven-
ton acted for what they
thought was the best interest of the
organization. He ruled, therefore,
that he could take no other position
than one that Mr.. Penn was acting
purely from personal motive; that
the presence Of the personal motive
made it impossible for the court TO
assume that there were other men,
not in Illinois, who would have the
same interest and might. therefore,
be included in plea In equity. The
Judge ruled from the argument that
the effort to hold the Offices at Full
ton did not arise from desire to
help the order, but to benefit q few
men in Fulton. The jurisdiction be-
longs entirely to Judge Gsst.
The Arguments.
In the arguments before the court,
the Fulton attorneys had the open.
ing and close. and they took up two
days-and-a-half to day-and-a-h ali
occupied by the Woodmen attorneys
Mr.. Andrews opened for the obstruc'
tionists. and was followed by j. G.
johnson, Of the order, who reviewed
the entire history of the controversy
and litigation. Hon. c. M. Osborn,
of Chicago, for the order. spoke or
the question ofjurisdiction and Hon
William jackson, for the order, dis
cussed the principles Of equity in
volved. Then City Attorney McMa
hon. of Fulton, attempted to speal
for his town, after which Mr.. An
drews took the floor and talked anti
just before court adjourned las
night.
| Mr.. Jackson reached home earl,
, last evening, accompanied by Mrs
jackson, and when he came dowr
town and he received an ovation on
, every hand. He left Chicago befor
, the decision was given, and did no
know Of the good news until b.
: reached home, although he had ever
! confidence in q favorable decision
When Mr.. johnson arrived ut 1914
he was met at the Rock Island depo
by Mr.. jackson and a delegation c
, Woodmen and other citizens who's
} enthusiasm would not be sstis6e,
until they shook the hand Of the en-
ergetIc officer OF the order, who ha
stood faithfully to his task through
out the summer. Mr.. johnson wa
= escorted to the Rock Island house b
, his friends and admirers.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1897-09-24

One size smaller after using Aliens
Foot-Ease. Q powder to be shaken
into the shoes. It makes tight or
new shoes feel easy; gives instant
relief to corns and bupions. It's the
greatest comfort discovery Of the age.
Cures and prevents swollen feet,
blisters, callous and sore spots.
Aliens Foot-Ease IL Q certain cure
for sweating. hot aching feet. Al
all druggists and shoe stores, Is
cents. Trial package free by mail
Address, Allen 8. Olmsted, Le BOY
IN Y,
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1897-09-24
Prices of groceries
Down to a Minimum

At store Of this kind they don't stop at
one thing-it's in the air to cut prices and
SO they go on slashing all along the line.
BE with the procession and get your share.
PROFITS LIGHT. PRICES RIGHT.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1897-09-24
1.-THE Wrong
Mr.: Wright

Is the somewhat confusing name of pop
ular play in which it may be seen much
scope is given for funny situations. There
is no possibility of you trading with the
wrong MIR. Shields, now in Rock Island.
There is but one Shields grocery, and there
is where they keep things on the move.
Every time the public gets benefit in the
way of low prices on some special article at
Shields it goes the rounds and other dealers
drop down a peg. That's the manner in
which this store has kept the
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1897-09-24

Ever since l was three gears old
l have been afflicted with that
dreaded disease. dyspepsia. had q
tired and all gone feeling. But after
taking four bottles OF Hoods Sarsa.
parills l am completely cured. lam
sound and well to day, and am
thankful for Hoods Sarsaparilla."
Alice Richardson, Annapolis. Ill.
Hoods pills are the favorite family
Cathartic, easy to take, easy in effect.
% cente.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1897-09-24
TO Be READY MONDAY.
Remodeled No, 8 School Build.
ing Will Be Thrown
Open to Pupils.
THE ASSIGNMENT OF GRADES

Ohilnrsn From Three Dinersns Districts
Will Find ACKNOWLEDGEMENTS Of
Superintendent Young-The Corps Of
Teachers Selected In the Rsopsasd
SCHOOL.
Public school building No. 8, at the
corner Of Nineteenth street and Fifth
avenue, remodeled, enlarged and
modernized, will be thrown open to
pupils Monday morning. Thus one
OF the oldest school houses in the
city, one in which many Of the grown
up people of today first experienced
the training Of the young idea. be-
comes one OF the newest. 1t is q
building about which cling tender
recollections and sentiments. There
are historical associations there that
new paint will not efface. But it
has been rejuvenated, so to speak.
1t is about TO enter upon its second
childhood days.
The building now includes six
rooms, five Of which are assigned to
graded rooms, and the sixth will be
used as training school. The build.
ing will accommodate 200 pupils
The structure has been enlarged by
the addition on the south side. 1t has
been remodeled inside and provided
with the best advantages in the way
of seats. light and heat.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1897-09-24
ROo0d-

At T. H. Thomas' drug store. .
marvellous cure for kidney COM
plant, nervous exhaustion and fe-
male weakness. It is Foley's Kidney
Cure.
Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1897-09-24

Just try 10 ceos boz Of Cascarsts,
the finest Liver and bowel vsgulstos
oveg Uado.
The San Francisco call., 1897-11-12
TRIAL OF SPRNIER WEFERS.
fow There IS only One Witness against
the Champion That he Charged
Money for His Appearance.

NEW YORK, Nov. 1.-THE trial OF B. j.
Wefers. champion amateur sprinter, will
be held at the Astor House on Saturday
before the Amateur Athletic Union regis
tration committee, Messrs. Kelley, Babb,
Fisbburn, Sullivan and DR.. Gulick.
Wefers, who has been accused Of sharing
in the gate It ceipts and of charging money
for his appearance at athletic games, fatty
denies the charges and will be defended
at the trial by Captain Barlow S. Weeks
OF New Y ork Professional athletes who
are said to have made the charges have
refused TO appear before the committee,
and now say that they have nothing
against Wefers and know nothing about
him.. The only man willing to come for
ward is Mr.. A born OF Worcester, who is
almost unknown to the athletic world.
He claims that We.ers' brother came to
him and offered the services OF the cham
piOn for q lite a large monetary considera-
ton. AbOrn declined to pay tor the pres
ence OF the champion. If this witness
cannot substantiate his charges the case
against the record breaker Will undoubt-
edly be dismissed. The secretary says the
investiga will take place whether there
are any witnesses against Wefers or not.
The San Francisco call., 1897-11-12

uERE IS CASE THAT OCCURS DAILY
IL This man has applied for admission to the
army, and the doctor has reluctantly to refuse
him. His general health is all right, but his
nervous system is shattered. Strange that a
man who locks healthy shou be unfit for the
army. But Uncle Sam must have whole men
not half men, This man is the victim of
tollies and the neglect 10 get proper treatment
in time. He was indscIeet. No one knows
just in what way but himself. But he ruined
his nervous system. He must suffer In cOnss-
quence The HUDYAN treatment would have
put his nerves in normal con iition again, but
he did not try it. Even the very worst cases
al cured in an amazingly short space OF
lime Full confidence returns promptly and the
full power of gorous manhood asserts self,
Look your neghbor in the eve once again.
You know now weak you are. You know that
you do not have refres hing sleep. You know
that your hands tremble. You know that you
are going from bad to worse Stop, man
Stop! Think for single moment what the
end will be. Do YOU want 10 lose all your
vital force? HUDYAN Will cure you. 1t will
make you iul OF 10y that you ere alive and
able TO perform all the work, all the duties, OF
man You would rather lie down than
sthnd up to-day, but in week u woh't
know yourself. The fire OF liie shining in
your eyes and on y ur face. The great 10Y oj
belng no longer n weakling will fiji your SOUL
hUD1AN cannot fail, no matter how much
you may nave abused the privileges ". tn
which yon-iike al other men-were once
blessed. Write and ask about it. Surely il is
worth that much trouble. The best medical
advice in the country free for the asking, no
formation about the "tnirty-day blood cure"
Tor blood taint. No charge.
The San Francisco call., 1897-11-12
FIX -erald Explains.

NEW YORK, Nov. u-AttorneyGen-
eral William F. Fitzgerald of California is
in the city. Speaking tonight of tile
fixing Of time for the execution Of Dur
rant, he said: The question of the
necessity for copy OF the mandate OF
the United States Supreme Court being
certified to the State Court before
the death sentence could be executed
was raised by telegraph. l sent a
message saving that it was not
necessary. The habeas corpus proceed
ings are no part of the judgment record
in the case. The Judgment has sto od and
the sentenc has stood III oughout this
proceeding. which merely served to post
pone the execution of the sentence.
'All tnat was needed was the informa-
ton that the appeal had failed to allow
the court to set new day for the execu-
ton, and that information need not
necessarily be impaired by serving copy
o. the mandate of court.
"It has been suggested that the time
granted Durrant to prepare for neath was
ve-y short. BE has had nearly two years
since he was convi cted and sentenced"
The San Francisco call., 1897-11-12
To Pre,erre Lnndn, arks !.

SAN JOSE, Nov. 1.-There was q we'll
attended mee'ing at Germania Hall this
evening, under the auspices of the Board
of Trade, for the purpose of organizing a
central California Landmarks Club, whose
object shall be the preservation OF historic
landmarks.
William A. Beasley. Deputy District
Attorney, presided and appropriate
speeches were made by w. A. Beasley,
Father R. Z. Kenna and John w. Sulli-
van, in behalf of the Native Sons, and
Mrs. +. S. Angu..
The following permanent officers were
elected: Honorary President, Hon. James
Phelan; president William A. Beas-
lev; vice president, Mrs. Carrie Stevens
Walter; secretary and manager, Mrs. F..
;. Angus; treasurer, First National Bank.
The club intends 10 begin active work
at once, as the greater portion OF the
audience present this evening joined the
club,
The San Francisco call., 1897-11-12
Crushed by Grief at the Out
come of the Unfor-
tunate Affair.
STORY OF THE TRAGEDY
is TOLD AGAIN.
The Boys Narrative Supported by
His Brother and Sister.
Jones' Successor.
special Dispatch to THE CALL.

CARSON. Nov. 1L-This morning the
preliminary examination of Julian
Guinan, before Justice Stone, was called.
case was postponed until Monday moru-
ing a 10 o'clock. The postponement of
the case was at the suggestion of the de-
tense from the fact that the funeral OF the
late Charles a. Jones was to take place in
Reno to- morrow and the defense did not
want to seem 10 be rusning matters.
]. E. Jones, father Of the late D strict
Attorney, has expressed himself as deeply
grieved at the sad outcome of the affair,
but furthermore does not feel any ami
mostly toward the Guinan family in their
hour OF trouble. and it was partially at his
suggestion that the case was postponed.
Mr.. Jones has further animated that he is
not averse to Julian Guinan being ad-
mitteo TO bail. as he does not wish to show
any personal antagonlsm toward the
boy, although Mr., Jones is broken down
with his own grief
To-day the boy gave the following
story, which is corroborated by his sister
Jessie and his brother Guy: AS the boy
was in the window watching the meeting
of his sister and Charles Jones be saw his
father coming. and called out to Miss
Jessie that such was the case. Neither
party paid any attention to the warning
and il was repeated a second time. To
this second warning 10 attention was
gwen, and in a moment the doctor was in
sight OF the two.
Guy Guinan confirms the statement and
says he plainly heard the boy giving the
warning. This would indicate that the
first story of Julians was correct regard
ing the motiou of Jones as if to reach for
a gun, and II was not until this motion
was made that the fatal shot was Ii ed.
Judge Hawley received word THIS morn
ing that Sardis Summerhed OF Washoe
County had heen appointed TO succeed the
late Charles A. Jones as United States
District Attorney for the District OF Ne
vada. The announcement OF the appoint
ment came as a surprise in the Re pub
lican camp, and from the tone of many
of the oId-liners the appointment does
not seem TO set well on their political
StOmaChs
The San Francisco call., 1897-11-12
to be any better than it really was. They

to be any better than it really was. They
di not.
II last nights wo ha been scientific
ally planned the EXTERN nati)n OF This
bithering umpa orgy of Donizetu 8
could hardly have been more expeditions
aud complete. Abramoff was concealed
in the programme under the sumptuous
title Of ''Signor Vlctorio Gira-di' and
there were moments in his performance
OF the pie horic work of Com 2osteIla that
we're tagranuy agreeable, and several OF
the ensem bles came dangerously near to
being inoffens sive and Agnortl's Fernandez
was not always beneath tolerance; but
taken aS body the company did its duty,
So did the audience. Even those horny
handed henchmen Of scord who make a
| business OF applaLdIng tie BAD operas
and bad singers at all times and the
good operas at any time but The right one
were shamed into com Darative inaction.
There was little clapplng of hands and not
a single bravo nor psal OF boot-thunder
u lar the solemnity of the occasion.
On the music OF Alfonso, which II
wealthy with long, linge ring tones, Civr1i
brought to bear his trusty tremo'o. Death
was !eisurely, but positive. The Cidiy
Leonora came to yengeance in much the
same corrug gated way at the voice OF Fam
ton, and young woman who cele brates
the name of OLYMPIA Calcagni suffocated
Inez.
was happy to observe that the dem ise
included another musical composition
that has caused much suffering among
sensitive people 1t is called "Sweet
Rosie O. Grady" and the score Will bear
me out that Gaetano Donizeti incor-
porated it in the ''Ah! = alto ardor' duet
in the second act ASHTON STEVENS.
The San Francisco call., 1897-11-12
THE ST. FRANCIS FAIR.
Booths We're Crowded and the
Tickets Sold Rap
idly.
Company M of the League of the
Gross Cadets Attended in
Body.

The fair at ST. Francis opened last
night, and from all Indicate it is likely
10 be a great success. The opening adj
dress was made by Father Finnigan. The
large roomy basement was crowded all
evening, and Company NJ of the League
OF the Cross Cade's attended in a body.
| The boys did their duty maDfully, buying
tickets for everything in sight, from dolls
TO shaving mugs
The Sacred Heart booth, presided over
by NJ ss Fitzsim mons, came in for large
share Of attention. The tickets for the
large portrait OF Father Caraher which is
to be ratf1ed off the last night of the
bazaar, were in particular demand.
Another booth of interest, especially to
the boys, Was presided over by Z. a.
Buckley and J. }. buddy, who did their
best to teach The young idea TO shoot
guns. The Journal, bright little paper,
published at the taIr and edited by Mrs.
P.J. Kennedy, made an instantaneous hit.
Many copies were sold and lar num-
ber of subscribers were secured. It will
have four Issues during the fair, and will
contain all the official announcements
and ult the news.
At The Children of Mary booth silver
was at a discount and god the standard.
The ticke,s for the 500 piece sod at a
rate rapid enough 10 please the most ex-
acting OF boothkeeper and Miss Dowling
was kept as busy as any one could have
wished to b. The booth of the Readin
Circle, of which Mis- GIynn has charge.
the refreshmen and caniy booths ana
ST. Francis boo h. pres .ded over resrect-
iveIv by Mrs. Will am Nichols, Miss
Brougham AM Mrs. Supple, all came in
for their share of patronage.
The prosramme tonight is as follows:
Vocal solo, T. O'Brien: recitation, Miss Rcna
Mascherini; vocal sol Mrs. L. J. O'ConuelI: !:
darky songs, d. c. oheerin; vocal solo, w
Coug hlan; vocal solo, Master Livingston.
The San Francisco call., 1897-11-12
THE MURDERER RETRIEVED
Decision of the State Supreme
Court In Granting a Stay Of
Execution.

SACRAMENTO. Nov. u.-Attorney
Eugene Deuprey appeared before the
Supreme Court here to-day with petition
Tor writ of probable cause IN the case of
Durrant, to stay The execution ordered by
Judge Bahrs. The petition was based on
an affi lavit by Mrs. Durrant, the
prisoners mother, setting forth that the
order OF Judge Bahrs was void, because
when it was made the case OF Durrant on
appeal was pending in lhe United States
Supreme Court, and that there was no rec
ord 10 show II had Leen disposed of. Some
other points were also raised. The court
granted the VIII, directing stay Of exc
Gu ton till further order. Justice Garoutte
dissenting. Subsequently the following
opinion was Fl ed:
This is an applicatio for certificate of
probab' e cause 10 stay proceedings under an
order of the Superior Court fixing day fUr
execution OF the judgment OF death hereto
fore pronounced against appellant.
Ii Is made to appear from the papers on II e
on this appeal, and presented 10 us in support
OF this application, tnat appellant having
been brought before the Superior Court upo n
Novem Der TO- 1897, 1t was by That tribunal |
ordered that the sentence of death be txecu-
ted upon him two days thereafter, TO wit, u pom
Friday, November IL. 1897.
upon appellant to show legal cause why the
order should not be made he by his tounse /
offered evidence showing that he had ap-
peaied to the Supreme Court OF the United
States from an order of the Circuit Court of
the Ninth Judicial Circuit, refusing his appl-
cation Tor Il writ of ha beas corpus, and intro
duelnt III evidence the records OF the Circuit
Court tending to show that this appeal was
still pending and undecided. Such 4 appeal
wnll pend ng stays the hands of the State
Gnd of the State authorities; UNITED States
Revised Statutes. sections 763. 764. 165 and
766; III re Shibuya Jugiro, 14O United states,
291)
Against the evidence thus offered no counter
showing whatever was made. 1t thus hav-
Ing en- esta blished that the appeal is pen d.
ing. 1t will be presumed to be still pending 6
until the presumption is legally overcome.
lC. c. p, section 1868, subdivision 32j.
therefore, SO lar as the record now before US
dlscloses the defendant was subjected to pro-
ceedlngs in matter sub judice before the Su
preme Court OF the United States. Such pro-
cee0lngs are null and void. 70. s. Revised
Statutes, sections 1861
In the present case the question Is not,
what judlc al knowledge has the Supreme
Court oi the United States OF its own decl-
sions? but 1t is, What legal evidence was ad-
duced before the Judge OF the Superior Court
to justify him in pronounciug the order in
question after a showing by appellant that
MS appeal staying the hands of the State
authorities was still pending? II he had no
evidence warranting his act. ana none ap-
pears on the record presented, then the order
Is certainly erroneous and as such reversible
upon this appeal; while in the Jugiro case
The San Francisco call., 1897-11-12
QUARAR7MtS ABOLISHED.
Cnce More New Orleans City Is 0pen
to the Wor d, as the Fever
Is Ab1finn.

NEW ORLEANS, Nov. 1.-THE city
Board of Health tonight by resolution
abolished all qrarantines OF whatsoever
nature, both territorial and house, within
the confines of its iuri dicIion. This oes
away with all guards in the city and
throws New Orleans open 10 the world.
There were twelve new cases of yellow
fever here Today and slight increase in
the number of deaths, six cases ierminat-
ing fatally. The dead: Maria Guisnina,
Mrs. Anna Peterson, Tillle Faire, L. A.
Burdette, Carl Ritter and C. A. Price.
The State of Ala bama reports but one
case and one death to-day, both at Mo-
bile, and the City of Montgomery has
raised its quarantine against Mobile aid
New Orleans.
Mississippi reports one new case at
Edwards