davidaulloa/AmericanStories huggingface dataset:
The record-union., 1898-10-03
(Sac., No. 4S2-Department Two-Filet
Sent Dc 1891

(sac., No. 4S2-Department Two-Filed
Sept. 26, 1889
In the matter of the estate of Mat
thew Healy, deceased Order denying
petition for letters of administration
Affirmed.
The Public Administrator is the
eighth in order of the persons and
classes of persons entitled n, letters of
administration under section 1865, c.
c. P, and he is person interested
within the meaning of section 1874 of
the same code The language of the
latter section indicates that the inter-
est mentioned therein is an interest not
alone in the estate, but, as WELL an in
terest in the question, whose is the
right to letters of administration upon
the estate? Any one asserting a right
to administration may appear in such
a contest.
The power to procure a revocation of
letters, and the appointment Of d nom
inee after letters have been issued to
one not in the first five classes enumer-
ated in Section 1860, c. c. P. is ac-
corded to the members of those five
classes and to their nominees, by Sec
ton 1888, G. G. p. The members Of
class { are not empowered to nom
mate under Section 1860, nor to secure
a revocat ton of letters under Section
1893. Their rights are wholly en-
braced within Section 1879, c. c. P.
Section 1879, G. c. p, is to be con-
strued as applying only in cases where
a vacancy in the administration exists
Under Section 1879, only persons en-
titled to administer are entitled to
nominate, and then the nomination is
submitted to the discretion of the court
which may, if there is good reason for
so doing, refuse TO confirm the nomi-
nee and appoint the person next en-
titled
The record-union., 1898-10-03

George Gray was born at New cas-
Gle, Del. May 4, 1910. He was gradu-
ated at Princeton College when ~ years
old After studying law with his father,
he spent a year in the Harvard Law
School. and in 1868 was admitted to
the bar. He was appointed Attorney
General of the State of Delaware in
1879, and reappointed in 1854, and was
a delegate to the National Democratic
Conventions of 1876, 1880 and 1854. He
was elected to the United States Sen
ate to fill a vacancy and reelected in
1887 and 1893.
The record-union., 1898-10-03
The Beacon.

From dusk to dawn a golden star,
Hung steadfast between sky and sward,
Sends forth across the moaning bar
The shifting of its two-edged sword.
Seafaring men, with babes at home
Asleep and rosy in their cribs,
Beat inward through the curdling foam
That losses to the shivering jibs.
And wistful wives who cannot sleep
Feed little hearth-fires warm and red,
And comforted their vigil keep
With that great star-fame overhead.
Night wears apace; the blacklist night
Wanes when the womb Of morning
breaks.
With lance and spear from heavenly
hight
Her conquering way the new day takes.
And one by one the weary boats,
All drenched and spent. are beached at
last;
The children hug the wet sea-coats;
The good wives sing of perils past.
-Harper's Bazaar.
Mrs. Taddells-How does your new
maid suit you?
Mrs. Wiffells She works like a
charm"
But a charm doesn't work at ALL
Il know it.'-New York World.
The record-union., 1898-10-03
Grim, No. 3S4-Department One-File
Sent d 1898

Grim, No. 3S4-Department One-Filed
Sent. y, 1899
People, respondent; Collum, appel
land. Arson. Reversed
An accessory before the fact is not
recognized in this State. The law de-
clares such a one principal.
In the prosecution of one conspirator
for a criminal offense, evidence of con-
duct and declarations of his Cocoon
spirator in the Offense on the day sub
sequent to its commission is inadmis-
sible.
Such statements are not even ad-
MISSILE for Impeachment purposes I'M
less the witness has made previous
statements inconsistent with L. pres
ent testimony. And, if the inconsist-
ency only appears by inference, and
another inference may be drawn in IA
vor of consistency, then the second
statement is not admissible for i'm
parchment purposes.
The record-union., 1898-10-03
Munyon S Headache and Indigestion Cure

is the only remedy on the market that
will cure every form of Headache in to
10 minutes, correct Indigestion, stimu-
late the nerves and build up the system
1t should be in every home and every
travellers gripsack. At all Druggists. %
cures 25c
The record-union., 1898-10-03
rim, 406-Department Two-Filed

StIl. 70, ISJS.)
People, respondent; Miner, appellant
ManSlaughter. Reversed.
Upon a trial for murder, the ques-
ton of the position of the party at the
time he was shot and of the party who
did the shooting is not one in relation
to which the opinion of an expert can
be properly received, but is for the jury
to determine. None but the eyewitness
can tell the positions of the man who
shot and the man who received the
shot. merely from the course of the
bullet.
The record-union., 1898-10-03

1t is better to be we'll than to be
wealthy. Hoods Sarsaparilla will puri-
fy your blood and make you well, and
few bottles taken now may save you
many dollars Get only Hoods
The record-union., 1898-10-03
IL. A, No. 400 - Department One

4NU fVV
Filed September %, 1889
Stanton. appellant; Singleton ct al,
respondents. Action to compel per-
Torrance of a contract. Reversed.
If by parol stipulation, or. a fortiori,
by the writing itself, a contract is not
to be DENIED complete until other sig
natures shall be added, the contract
The record-union., 1898-10-03

without such addition will not blnd
those who have signed. But II nothing
of this appears, the parties signing Will
be holden, though even on the face OF
it the signatures of others were con-
templated by the draughtsman
1t rests upon the party which has
establish that the delivery was intend
ed to be in escrow.
The allegation that the defendants
made and entered into" the agree
ment sufficiently imports a delivery
O.. A, No. 352-Department Two-Filed
Sept. II, 1899
H. E. Maxson, appellant; William
Llewellyn ct al, respondents Recov-
cry upon negotiable instrument in form
of check. Affirmed.
In all cases it is permissible to prove
fraud by circumstances. In aid Of the
direct facts proven, legitimate infer
ences are permitted to be INDUCED to
establish others not directly in evil
dence.
Where man makes a representation
in the reasonable belief that it is true
fraud will not be imputed to him if it
afterward be shown to be untrue. But
there must be reasonable grounds for
his belief
Section $50. c. c. P, declaring that no
evidence may be received of the terms
of an agreement which has been re-
ducedl to writing, other than the con-
tents of the writing, expressly admits
evidence to establish illegality or fraud.
The record-union., 1898-10-03
SENATOR GEORGE GRAY.
One of the Members of the Paris
Peace Commission.

Senator George Gray OF Delaware
was the last chosen MEMBER Oh the
Peace Commission. He is an anu-eX-
pansionislt, and opposed the annexation
of Hawaii
The record-union., 1898-10-03
NO CURE-N0 FAY.

That is the way all druggists sell GROVES
TASTELESS CHILL TONIC for Malaria, Chills
and Fever II is simply Iron and Qunine in a
tssteless form. Children love it, Adults prefer 1t
TO bitter. nauseatiug Tonics- Price. 500
The record-union., 1898-10-03

These rich black figured crepon dress fabrics
continue to sell well. We have the correct designs
and right qualities. Only reliable fast blacks are
sold here. 1t will pay you to see the seven new
designs in fine black crepons now being offered at
ST yard.
The record-union., 1898-10-03
IL. A, No. 31S = Department One
Filed SAINT EN- her % 1881

Filed September -, 1889
F. w Wood ct al, appellants; Ell
wanda Water Company ct al, re-
spondents. Diversion of water. Partly
reversed
The Civil Code, Sections 1410 ct
seq, confers the right to acquire the
use OF water flowing in a river or
stream, or down a canyon or ravine,
by appropriation, without any reserva-
ton protecting the riparian rights of
the State attached to its lands
then remaining unsold; so that, at
least from the time the Civil Code took
effect. a prior appropriation. acquired
a good right to the water to the eX
tent of the appropriation, as against
a subsequent purchaser from the State
of lands lying upon the stream below
the point of diversion. Lux VS.. Hag
gin, 90 Cal. 90, 374, $40. Held, that
as the State cannot object to an APP
preparation made by its permission. it
is obvious that a subsequent purchaser
from the State cannot, and hence the
statute of limitations can only have
application to acts of the appropriation
performed after the subsequent pur
chasers title has been acquired, wheth-
er from the State or the United States.
Where a question, though argued in
the briefs. was not raised upon the
pleadings, or apparently not litigated
upon the trial, a judgment in that re-
gard being outside the issues, that part
of the judgment will be reversed upon
appeal; should the parties desire to liti-
gate such issues, it must be by amend
ment of the pleadings.
The record-union., 1898-10-03
Special Value in Striped
GrOs= grain Waist Silks, S1.4S.

We have six choice coors in heavy quality
striped waist silks at $I48 yard. Beautiful shades
with black satin cord edge stripe. Strictly up-to-
date in color and design. Price, SLAB yard.
The record-union., 1898-10-03


DR.
the n INTO
the
dieive
when ,heinsi
20 as ationofa
that hasb OF n honndso fpcopeg
s 1
The record-union., 1898-10-03
DIR. Sanders Electric Belt

Or A. T. SAHDEN H San Ii zaa asi Cas- st..
ONCE hours-s A. M TO D. m. Sundays, 10 to !.
Branches Mt Los Angeles. Cal, .04L south Broad
M: 81 teenth ST.; Dallas Tex. 2S5 Main ST.
The record-union., 1898-10-03
WHOLESALE LIQUORS,
CRONAN & WISSEMAN,

ESQ X street and 1IOS-I1IO Third
Street. Sacramento. CAL.
IMPORTERS AND WHOLESALE DEAL
ers in Fine Whiskies, Brandies and Cham
payne
The record-union., 1898-10-03
Black Duchess Satin, ST.

Just now black satin Duchess is being extern
sively used for waists skirts, etc. We offer ex-
ira values in this material at ST and SIPS yard
The record-union., 1898-10-03
SUPREME COURT DECISIONS.
SYILABI.
q. A. No. 3S1 - Department One
Filed September y, 1889

q. A, No. 3Sl - Department One-
Filed September y, 1889
John Wigmore, respondent; X. L.
Buell., appellant Order refusing to dis
solve attachment Affirmed.
There is nothing in the old Constl-
tuition which forbids the Legislature
from passing either local or special
laws except in respect of the forma-
ton of corporations other than munich
pal Brooks VS.. Hyde, 81 Cal, 500.
See also Pasadena VS.. StunsOn, 81 Cal,
23S, and People VS.. Henshaw, 16 Cal,
1876
The Act of March Z, 1873 (Stats.
1878, p. 116), is not unconstitutional be-
cause it gives an attachment for a
trespass and without an affidavit, thus
introducing a remedy different from
that pointed out in the Code of Civil
Procedure, subjecting animals also, eX-
empt by general law from execution, to
the attachment. The power to pass
special laws necessarily includes the
power to make them apply to special
objects without their trenching upon
the operation or resulting in the appeal
of previously existing laws.
The record-union., 1898-10-03
Deal with merchants who display
!, 81 81 IVA 'l|,:'

Two-thicds of the people of the
United States are collecting Sperry
& Hutchinson's green trading
stamps. The other third are Just
beginning. Beware of i1nita-
tons"
The record-union., 1898-10-03
Growing Greater.

The strong, full pulse of healthy, active life,
beats with vigorous throb in every section OF the
store. The laws of health apply with equal force
to enterprises and to individuals. Disregarded,
they breed languor and disease Observed, there
is continuous upbuildng and development. There
is no lassitude spirit OF let we'll enough alone
here. Each day new vitality is infused into this
business. To-day witnesses some development
that unknown yesterday, and SO it goes.
1t stands to reason that it ought to pay you to
keep in touch with so wide awake business 1t
will pay you. And more so to-day than ever!
The record-union., 1898-10-03
Novelty Mixtures at SOC.

We never had a more successful line OF choice
mixed suitings at SOC than those shown this sea-
son. Every color is represented, and better
value cannot be found Absolutely correct style.
soc yard.
The record-union., 1898-10-03
w. P. COLEMAN,

Real Estate SalesroorD, 800 Street
p BOIL. Manager.
The record-union., 1898-10-03
New Fancy Silks, ST.

New designs are constantly added to our dol
lar line OF fancy afeta silks in plaids, stripes, and
broken checks. We can show to-day an almost
endless assortment of the newest waist silks at this
price All the choice color combinations are rep
resented Price, 81 yard
The record-union., 1898-10-03
Special Fancy Goods

The following extra values will be found Q
our Fancy Goods counters at present Infant
black wool mittens at sc pair. Children's pai
black cashmere gloves with neat stitched back
&C pair
Misses plain black silk mittens, good weigh
I4c pair.
Women's all linen handkerchiefs, hand en-
broidered and with half-nch hemstitch Are Sigh
ly soiled from handling and reduced to sc.
In Normandy Valenciennes lace we have tW
special values The lace is inches wide and :
yard; the insertion to match 81 inches wide,
yard The quality is much better than the price
would indicate.
The record-union., 1898-10-03
ITEMS Box Toe Shoes.

There are some men who 2
to their shoes. For such, we h
black leather, with thick soles, b
Congress or hook and lace styl
road men like them.
The times., 1898-05-12
OPPOSED TO ANNEXATION.
Speaker Reed Stands in the Way of
N Vote on the Question


The friends of Hawaiian annexation are
very much encouraged at the prospect of
prompt and decisive action in the House
There is but one obstacle in that body.
but it is a ponderous and potent one-the
Speaker. He is openly and avowedIy op-
posed to the annexation of Hawaii and
in conversation with a member of the
Foreign Affairs Committee yesterday he
asserted that his reasons for this oppo-
sition could not be successfully contro-
verted.
However, the advocates of annexation
are entirely willing to allow Speaker Reed
full latitude for the exercise of his privi-
lege, but they deny him the right to use
the power of his Office to prevent a fair,
square vote on the question
Chairman Hit, of the Foreign Affairs
Committee, labored industriously with
Speaker Reed yesterday to obtain from
him consent to have reported a special
rule for consideration of the Newlands
joint resolutions, which will be agreed to
by that committee today.
The indications are that if the PROPOSE
ton to annex Hawaii can be brought be-
fore the House in definite form, it will
go through by a very large majority.
Chairman Hit said last night that he
was confident the House would be given
an opportunity to vote on the question.
The times., 1898-05-12
STILL IN ABEYANCE.
The Case of the Spy Not Yet Decid-
ed by the Authorities

The trite saying. No news is good
news" is not applicable to the case of
George Downing, spy. The fact that no
definite line Of action as regards the man
ner- of proceeding with him has been yet
agreed upon by the military authorities
seems to have completely unstrung him.
This, however, a gentleman who is well
posted in the case and cognizant of the
kind and strength of the testimony which
has been obtained against the suspect,
says, need not worry him, for, when
the time comes, he will be properly re-
strung, at the expense of the United
States Government.
The fact that some persons are at
tempting TO make capital out of the
statement that Downing cannot be exc
cuted under d sentence rendered by a
eourt-martial or military commission.
II was stated last night, is all nonsense.
and, as matter of fact has nothing
to do with the ease. The put the whole
matter in nutshell, The Times's in
formant stated, if Downing is convicted
OF the crime of which he is charged. and
of which there can be no doubt what
ever then he VIII suffer the fate of all
spies.
Exactly what the legal status of the
case IS IS not entirely plain. Adjt. Gen
Corbin stated yesterday that the matter
md been referred TO Attorney General
GrIgSs for an opinion as to what shall
be the method of procedure against the
pTlsoner-that is, whether he shall be
tried by military commission or by the
civil courts. Attorney General Griggs,
however, said last evening that. up TO a
late hour, the case had not reached him.
lie further stated that he knew nothing
whatsoever of the circumstances of the
case, and consequently could not give
an opinion as to what should be the
course to be pursued
In the meantime, Downing is languish
ing in dungeon cell at the Washington
Barracks, with nothing to commune with
except his own guilty conscience, which
Just now and under the present circum-
stances, Is mighty poor company Since
yesterday, when he failed to get even
the coldest comfort from the guards
which patrol in front of his cell. he has
again relapsed into sullenness. and, dur
ing the last twenty-four hours. has not
spoken a word.
The times., 1898-05-12
AUCTION SALES.
JAMEs ". RATcLIFFE. AuetIonser.

DESIRABLE BUSINESS AND RESIDENCE PROP
ERTY, BEING NUMBER 100 BLADFNS-
BURG ROAD; ALSO STABLE AND STABLE
LOT AT AUCTION
By virtue Of decree OF the Supreme Court
OF the District Of Columbia passed on the Goth
day Of April. A. D. 1865. in Equity cause number
l9,lOS, wherein Lila u. Shacklette is complain
ant and Frances ". Shaeklette is defendant. I
will sell at public aution in ffJnt of the prem
1se5 on SATURDAY. THE l4TH DAY OF nay
A-D., 1893, AT 5: 80 O'CLOCK P. NJ, lot I23 n = s.
Swormstedt's subdivision OF lots rs II6 H.
I'll l22 ard part Of 10 in T. F. WagEamap's
subdivision Of part OF Long Meadows as per plat
Of said SwOrmstedt's subdivision recorded in
Book County number s. page Ig7. OF the records
OF the Surveyors Office Of the District OF Co
lumbla- subject to incusubTance of about 81 500
secured by deed Of trust recorded in Iiber uuun-
ber 2063 at folio 392 ct seq one OF the land re
thereafter parts of lots 100 and 10 in Wagga-
mans subdivision OF Long Meadows, beginning
tor the same at the noTthweStly corner OF said
lot 100 running thence eaSterly along the north
line of said lots 100 and 10 seventy-three and
-orty-four onehundredths feet (734O. thence
southeriy along the east line Of said lot lilo twea
ty-Eve feet (25), thence westerly parallel with
Lewis Street sixty seven and ninety-two one-hun-
dredths feet (5T92) TO the west line OF said
lot 100 thence northeriy with said west line OF
said lot 100 twenty five and forty-one hundredths
feet (25.4D TO the place OF beginning. together
with the right OF way over parts Of lots I09 10
and ll2 in said Waggaman'S subdivision as more
particularly described in said decree
Terms of sale: All cash. A deposit Of 500
on the first piece described and $50 on the stable
lot, to be paid when the property is knocked
down Terms TO be complied with in fifteen Q5)
days from day Of sale, otherwise the Trustee re-
serves the right TO resell the property at the
risk and cost of the deiaulting purchaser All
conyeyanelnS, recording, etc, at purchasers
cost CHAS. W. DARR. Trustee
Equity Building, 81 Four-and- -a-haH Street NV.
The times., 1898-05-12
A FATAL EXPLOSION.
Four Men Killed and Four Danger
ousIy Injured.

OusIy Injured.
Cleveland, Ohio May u.-Four men were
killed and four fatally injured by an ex-
plosion in the new waterworks tunnel un-
der Lake Erie at l o'clock this afternoon.
All of the men were employed as laborers
in the tunnel which, wheE completed, will
be the principal intake for the city OF
Cleveland's water supply. When the eX-
plosion occurred the men were working
$500 feet from the shore end of the tun-
mel The explosion was caused by gas ig-
hitting from sparks emitted by an cleo
tric lamp. The dead,are:
Michael Gaffney, of this city; James An
derson, of Grove City, Ohio; Alexander
McFadden, of this city, and Thomas Cor
rigan.
The fatally hurt are James Black, Dan
iel Maher Ernest Engel and Vito Lejediu
For the last few days the electric light
in the tunnel at the point where the men
were blasting has caused trouble. and the
men have also been bothered by gas from
veins and pockets In the rock. The cleo
trio light often fiickered, and shortly be-
fore noon the globe broke. Anderson was
sent ashore and had procured another
globe. He was placing it in position,
when sparks from the carbon ignited the
gas. There was a binding fash and then
total darkness. The men were blown in
all directions, and so terrific was the
shock that the clothing was blown from
some of the men. Those who were not
killed groped bIindly along the passage in
the direction of the shore.
The sound of the explosion had been
heard above and a rescuing party was
formed at once. The party, on penetrat-
ing the shaft. found the men lying all
about the tunnel, torn and disfgured. The
rescue was accomplished only with great
difficulty.
The times., 1898-05-12
INSURGENTS ENTHUSIASTIC.
They Welcome the Invasion of th,
American Army.


American Army.
Tampa, Fla, May 1.-THE Junta here
has received a dispatch from Col CoIlazo
and Capt Fernandez, Of the staff of Gen.
CaIixto Garcia. They have been fighting
in the Cuban army and We're with Car
cia when Lieut.. Rowan landed in Santi-
ago de Cuba. six weeks ago. When Lieut..
Rowan left Carcass camp. hew as accom-
panied by these two Cuban officers. who
were commissioned by Garcia to see him
safely to the coast and also to bring to
Estrada Palma, the Cuban delegates and
the junta official communications in re-
lation to the campaign that Garcia and
Rowan had mapped out.
They landed Rowan at Nassau in an
Spen boat. two days ago. Rowan went
an to Washington
They telegraphed the junta here that
there is the greatest enthusiasm in San
5iago de Cuba and Puerto Principe over
the prospect OF early cooperation with
the American Army. They reported fur
ther that the condition Of the patriots
in these two provinces under Garcia is
in strong contrast with the condition of
the insurgent army in the west. They
are well fed. clothed and have better
arms and more ammunition
Both provinces. except the seacoast
towns. are absolutely under the control
OF Garcia.