davidaulloa/AmericanStories huggingface dataset:
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-12-16

Dr. BuIps Cough Syrup is true
friend to all suffering with coughs or colds.
This reliable remedy never disapponts. 1t
will cure cold in one day and costs but
21ctg
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-12-16

This is the trade
mark of the great
trunk line of the
South-the South
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-12-16

Don't Trihe With Coughs and colda,
Take Pan-Tina (25c.) and be cured. At
Gruhler Bros, drug store,
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-12-16

To Cure "A Cold i'm One Day
Take Laxative Bromo Quinine Tablets. All
druggists refund the money if it fails to cure.
25c. The genuine has L. b. Q. on each
ta hIet IF
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-12-16
A Good Thing for a Bad Cough.


What? Pan-Tina. 25c. At Gruhler Bro
drug store.
The herald., 1898-06-28
VERY CoNsIDERATE
Old Man Comes Down From San Jose to
Help the County Out

An old man of the Rip Van Wrinkle type
but bearing the unassuming name of
Brown, yesterday made application to
Deputy County Clerk Kutz to be trans
ferred from the great register of Santa
Clara county to that of Los Angeles coun-
ty. Clerk kutz accommodated him in his
usual pleasing and affable manner and in
the course of the proceeding the old man
stated that he had noticed by the papers
that the county was badly in need of men
to work on the revision of the great reg
lister about to be issued and had decided
to come down from San Jose and help the
county out. He said further that he want
ed to see Los Angeles big Fourth of July
celebration, anyway, and so long as he
was able to make his expenses and little
more would not mind the change at ALL
Clerk Kutz pointed to one of the clerks
who was busy catching flies, another who
was studying history of Cuba and third
who was contemplating how slowly the
hands of the clock moved toward quitting
time, and informed the long-haired and be-
whiskered gentleman that Los Angeles
county has men enough to get out 10000
great registers and a few left ito burn"
Old man Brown moved doubtingly away.
muttering something about the darned
newspapers and asserting that he would
see Fourth of July anyway. even if he had
to go to work at his old trade of gardening.
The herald., 1898-06-28
INSANITY DODGE DIDN'T WORK
Effort to Get James Mathews Out of a
Burglary Scrape Fails

An insanity commission examined James
Mathews yesterday in Judge York's court,
Mrs Hannah Mathews, the boys mother,
being the petitioner. Quite an array of wit
nesses testified and an excellent story was
told in order to establish the boys mental
incapacity.
The young man Is 10 years old and was
born in Arizona. When or years of age
he is said to have eaten a stick of giant
powder, and ever since has been victim
of spasms and seemed irresponsible for
his actions. Soon after partaking of this
rather unwholesome diet he is said to have
hung himself to a tree and was so far gone
when discovered that only the most heroic
treatment saved him. He still seemed to
have spite against himself. however, for
at another time he shot part of one foot
off with a shotgun and in various ways
evidenced that he did not like himself at ALL
For some time he has not been at home,
and not long ago, while at San Pedro. he
pushed little boy into the sea and then
laughed as the child floundered away for
his life until bystander rescued him.
His last escapade got him into serious
trouble. About three weeks ago he stole
a suit of clothes from Carlson's tailor shop
at San Pedro and donnng the garments
came to this city and cut great dash for
two days, after which he was arrested on
a charge of burglary. Judge Smith yester-
day set his trial for July g.
Then the insanity dodge was tried, but
the physicians decided that the lad could
not be worse than somewhat weak minded
and he was held for trial as originally in
tended. The family lives on Leroy street.
The herald., 1898-06-28
SPAT IN HER FACE
He Also Beat and Cursed Her, Did This
Cruel Husband

Teresa Marchesi, a buXom seamstress.
who earns livelihood for herself and four
year-old daughter, Jennie by making
vests, was granted a divorce from Angelo
Marchesi yesterday afternoon in Judge
York's court on the ground of cruelty and
non-support.
Teresa was wooed and won by Angelo in
far-off sunny Italy, and they have been in
this country just long enough to acquire
that spirit of marital discomfort which
seems to pervade the very atmosphere of
California Anyway, Angelo began to
drink, according to Teresa's story, and
then he became cross and a constant fault
finder. One day he knocked her down be-
cause her mother forgot to put a fork at
his place when setting the table for their
evening repast. Then he threw plate at
her, spat in her face called her pig and
COW and INDUCED in other little frivclities
unbecoming loving and beloved husband
and, as the wife stated with wide open eyes
and various gestures, to convince the court
Of her sincerity: "Yes, did become very
much frightened, and I-what you call it
oh, yes-screamed, and 1 do not want no
money; just want him to keep away"
The court gave the desired decree and
granted her custody of the child. Angelo
did not appear.
The herald., 1898-06-28
DEFENDANT MUST PAY
Scheme to Get Out of Paying Mort
gage Does Not Work

Judge Van Dyke has rendered an opinion
In the case of S. p. Creasinger against L. H.
Washburne and others, in which he gives
judgment for the plaintiff as prayed.
The plaintiff held a mortgage on lands
situated at Vineland and owned by the de-
fendant, who failed to pay an assessment
OF $61.15 made against the lands by the
Vineand Irrigation district. Plaintiff paid
them and sued to recover from the mort
gagor the amount of the mortgage and the
assessment. The mortgagor contended that
he should be required to pay only the as
sessment or tax upon the land exclusive of
the mortgage, basing the contention on the
clause of the constitution declaring that the
value of the security shall be assessed and
taxed to the owner thereof and that the
debtor pay the tax upon the property, less
the value of said security.
Judge Van Dyke held that the assess
ment made on the land did not constitute
q TAX, and decided that judgment must go
for plaintiff a. prayed.
The herald., 1898-06-28
EXPENSE ESTIMATES
For City Assessor, Health Officer and
Superintendent of Buildings

The superintendent of buildings yesterday
filed his estimate for the coming year with
the city auditor as follows: Salary of su-
perintendent. $1,000; plumbing inspector
$1,000; printing and supplies, $22i.5O.
The assessors estimate aggregates s13.-
1920, divided as follows: City assessor,
$24o0; chief deputy, $1,000; two valuation dep
uties. five months, $775; one map maker, five
months, $3.50; six deputies. January to July
l, 1899, $3.50; fourteen from March to July
l. 44SO; one deputy for July OF this year, $50;
nineteen deputies from July to July 5, in
elusive, $252.7O; expenses and stationery
s425; assessment roll 1S99-19OO, $225; 6OO(
statements, 1899, 1925.
The estimated expenses of the health of.
ficer are $59S25.92. The salaries are:
Health officer, s24OO; clerk meat inspector
and milk inspector, s10SO eacn; three sani-
tary inspectors, $27O0; street sweeping in.
spector, $780, removal of dead animals
$4,000; garbage contract, SIG 099. .92; construc.
ton of city pest house, $1,000; street sweep
ing, $4,000; keeper city hospital, $500; post.
age, stationery, drugs and other expenses
$780,
The herald., 1898-06-28
PROTESTED But PAID IT
RUBIo CANYON ASSESSMENT
WAS ILLEGAL
THERE WAS NO CoMPULSIoN
And Taxpayers Suit to Recover Their
Taxes Is Therefore of No
~ - Avail.

Judge Van Dyke has rendered an opinion
In the case of NJ. o. Randall against the
county of Los Angeles, which will probably
do away with the suit entirely.
1t is an action brought by Randall, repre-
senting large number of taxpayers of
Rubio canyon, to recover the taxes paid by
them for the purpose of sustaining the Ru-
bio canyon protection district, which was
organized under certain laws in 1895 for
the purpose of disposing of the storm wa
ter collecting and flowing on the lands of
the canyon. The taxpayers paid the as
sessment levied on them under protest, and
in October, 1897, the courts declared that
the assessments SO collected were illegal
and void. Thereupon the taxpayers COM
menced this suit to recover the taxes they
had paid for this purpose, and Deputy Dis
trict Attorney Holton interposed a demur-
rer. contending that the facts stated in the
complaint were not sufficient to constitute
q cause of action and that the payments re-
ferred to were voluntarily made despite the
protests and therefore no action for their
recovery could be maintained.
The gist Of the courts opinion is as
follows:
Some of the earlier decisions in this
state seem to have placed the doctrine upon
the somewhat broad ground that if a tax
be Illegal and is paid under protest 1t may
be recovered, assuming that the protest
was sufficient evidence of compulsion to
relieve the transaction from the character
of voluntary payment. But, the illegality
of the demand paid constitutes of itself no
ground for relief. There must be, in addi-
ton, some compulsion or coercion attend
ing its assertion, which controls the con-
duct of the party making the payment. 1t
is the compulsion or coercion which gives
him the right to relief. If he voluntarily
pay an Illegal demand, knowing it to be
Illegal he is entitled to no considerations
and If he voluntarily pay such demand in
ignorance or misapprehension of the law
respecting its validity. he is in no better
position, for 1t would be against the high
est policy to permit transactions to be
opened on grounds of this character
'The allegations of plaintiffs amended
complaint In this case fall far short of the
requirements of the law as thus laid down
by our supreme court, and the demurrer
therefore must be sustained"
1t is said that this will save the county
In the neighborhood of $4,000.
The herald., 1898-06-28
California at the Capital

WASHINGTON, June 25.-D. r. Spoonel
was today appointed postmaster at Moro
San Luis Obispo county, CAL, vice C. F
Schneider, removed.
Frank E. Gushing has been commissioned
postmaster at Red Bluff, and Sarah E
Hacker at Henley, Cal.
Joseph o. Jacobs of California has beer
appointed an assistant inspector in the
bureau of animal industry at $1,000 per an
mum.
Joseph Mcdonald of California has re-
signed a $1400 clerkship in the pension office
California pensions have been granted as
follows: Original-James M. Hutchins oi
San Francisco, IS; Richard P. Legrow OF
Santa Rosa, Sc; John Kisha of Nipomo, Sc
Increase-William Westenfied of South
Pasadena, Sc to IS; Marcus L. Lowell of San
Diego, Sc to IS. Widow-Minor of John Nc
Donald of Round Mountain, $40. Mexican
war survivor Gncrease)-Leonidas w. Wal
ton of Veterans home, IS to s12
The president today sent this nomination
to the senate: Postmaster, Edward Bush
of Selma, Cal.
The herald., 1898-06-28
STEELE WILL ALL RIGHT
Judge Clark's Opinion Forestalls Any
Further Contest of It

In the matter of the estate of Charles A.
Steele, Judge Clark has rendered an opin-
ion which is thought to do away with all
possibility of further contest. Steele, who
was dealer in secondhand goods and a
brother of James j. Steele, now in, the same
business on South Main street, left an es-
tate of about $4,000, to be held in trust and
managed by George B. Shaffer for the bene-
fit of his last wife, Rose B. Wallace Steele,
and their three children, Viola, Hazel and
Fred.
The deceased during his life had six
wives, and two of the children by former
wife attacked the provisions Of the will,
which created this trusteeshp, contending
that the wording was ambiguous. uncertain,
obscure and not according to law. Judge
Clark holds that these allegations are not
true, and in order to identify the parties
who make the attack giving their names
as VIM. M. Steele and Idella D. Steele. the
court states that the opinion that they are
the children mentioned in the will as Will
liam N. Steele and Adela Steele, and ac-
cording to the expressed desire of the de-
ceased are to receive nothing from the es-
tate.
The herald., 1898-06-28
Marriage Licenses

| William S. Mcclellan age &c. a native O
| California, to Mary D. Bates, age 21, a ma
| tive of Honolulu, Hawaii, both residents o
| San Francisco.
| James r. Anderson, 25, native of Illinois
and resident of Los Angeles, to Nellie A
| Graham. 90. a native Of California, and resi-
dent of Downey.
Joseph Smale, 81, native of England, tc
Alverda A. Keyser 81. native of Mary.
land, both residents of Los Angeles.
Grant w. Pennington, 22. a native Of
Michigan, to Jennie L. Tobias %, native
of New York, both residents of Virginia
CITY,
George William Machabee, 27, a native OF
Indiana and resident of Los Angeles, to
Mary L. Kingwell Is, native Of California
and resident of San Francisco.
Charles Wilfred Gaskel, 26, a native of
England and resident of London, England
to Patty P. Miller, "a, native of Pennsyl-
vania. and resident of Los Angeles
Calvin F. Mickey, a. a native of Pennsyl-
van:a, to Mia s. Hamilton, 22 native of
Ohio, both residents of Los Angeles.
Merrill Moore Gregg. 80, native of Penn
sylvania. to Addie Laura Murphy, 30, a ma
tive of Wisconsin, both residents of Los An
geles.
George A. Coleman, 80, a native Of Ne
braska. and residents of Los Angeles, to
Florence M. Cromer, 2S, native of Iowa,
and resident of Pomona.
The herald., 1898-06-28
IMPORTANT OPINIONS
JUDGE ROSS CONFIRMS LAND
GRANT TITLES
Purchasers Who Bought From the s.
p. Will Hold Possession-Deci-
sion for Bear Valley Co.

Judge Erskine NJ. Ross rendered an opin-
ion in the United States circuit court yes
terday morning in the long pending case OF
the government against the Southern Pa
cific Railway company relative to the over
tapping Atlantic and Pacific land grants.
The opinion virtually clears the titles OF
all bona fide purchasers from the railway
company of lands involved in the limits OF
the disputed grant Judge Ross says:
Prom the evidence in the case it does not
admit of doubt that the respective purchas-
ers of the land now under consideration
bought in good faith and in the expectation
of receiving through the railway company
title to the lands purchased.
II am also of opinion that the legislat ation
of congress under consideration is not to
be limited to purchasers who bought prior
to the respective enactments. The legisla-
ton was remedial in it's nature and there.
fore to be literally construed.
THE adjustment directed and provided
for in the various grants necessarily re-
quired time. and great deal of it. Until
adjusted and settled the conflicting claims
of the government on the one side and of
the railway companies and the purchasers
from them on the other continued. Every
such purchaser who bought for value and
in the honest belief that he would thereby
acquire through the grantee company the
government title to the lands so purchased,
Is, in my opinion, entitled to the benefit of
this remedial legislation, regardless of the
date of his purchase; provided he possess
es the necessary qualifications in respect to
citizenship.
"In view of the nature of the legislation
in question and of the liberal rule of con-
struction that should be accorded it, 1 am
not prepared to differ from the construction
thus adopted by the officers of the land de-
partment, especially in view of the amend
atory and supplemental act of congress of
March 2, 1896, under which, as has been
seen, bona fide purchasers for value of such
lands as have been patented to the railroad
companies by the United States are con-
firmed in their purchases even though
they be aliens"
In the case of the Savings and Trust COM
pany of Cleveland, Ohio, against the Bear
Valley Irrigation company to subject to
the lien of their judgment. which was OBJ
tanned some time ago in the San Bernar-
dino county superior court, Judge Ross
rendered an opinion, holding that the lien
of their Judgment had expired and that no
relief would be granted them in this suit.
The herald., 1898-06-28
Supreme Court Decisions

In the case of Thomas L. Rogers and
others against Warren c. Kimball, suit to
recover on a contract and involving about
$1,000, the supreme court has affirmed the
judgment of the San Diego county court,
giving decision in favor of the defendants
In the case of James NJ. Eads against
William ]. Kessler, a suit to recover an
attachment for $500, the supreme court has
affirmed the order of the Los Angeles
county superior courts denying a motion by
the defendant to have the attachment dis
charged
The judgment of the Ventura county
courts in the case of Minnesota Lemon
against M. l.. Wolff and others is affirmed
by the supreme court. The suit was one for
an account for beans alleged to have been
converted by the defendants and the lower
court decided in favor of the defendants.
The herald., 1898-06-28
Justice Owens Back

Justice Owens returned yesterday from
San Francisco, where he went on business
connected with the National guard. His
visit amounted to naught, for Justice Ow.
ems stated that the reorganization of the
guard was exactly in the same condition as
formerly. The governor had not apparent
ly come to any decision regarding the mat
ter. Major Owens visited the Seventh reg
iment in camp, and states that, while the
boys were terribly disappointed over not
being allowed to leave on the Indiana yes
terday, as had been previously ordered
they are in general good health. Natural
ly. everybody was anxious to leave for the
Philippines, but the boys are becoming
discouraged. Major Owens did not offer
any explanation as to the reasons why
the Seventh regiment had not been ordered
away. 1t was claimed the last time tina
the accommodations on the Indiana were
not sufficient.
The herald., 1898-06-28
Court Notes

Low Yuen, who pleaded not guilty to the
charge of robbing Woo Ark of $242, will not
be tried until July Is.
George S. Van Every has brought suit in
the superior court to quiet title on fifty acres
of land in the Lucas tract of Rancho Bal
Iona. John c. Lucas is made the defendant.
Norenan Mccartney has begun suit in the
superior court to collect a promssory note
of $500 from S. Townsend and A. ]. My
rehn.
Hum Sam, Chnaman, was yesterday
ordered deported to the land of his birth
by Commissioner Van Dyke, and was
granted stay of execution of ten days.
Notice of appeal of the case of A. H. Smith
against Lizzie Ballard and VIM. Ballard,
recently decided by Justice Morrison, has
been filed in the superior court
The herald., 1898-06-28
Onlv a Quarrel

Anna Higgins made complaint against
John Lowell and Mary Lowell the last of
the week charging them with disturbing her
peace, and alleging that they so frightened
her that she fed a long distance through
the canyon in which she lived in order to
protect herself. They were arrested and
brought before Justice Young yesterday
when the complaint was changed to threat
enng."
Justice Young examined into the merits
of the case, and on discovering that the
parties were involved in a sort of neigh
bors' quarrel dismissed the matter, on the
ground that there was no cause for action.
The herald., 1898-06-28
Must Give Bond

Arthur C. Rass and F. G. Seymour, who
enjoy the distinction of being the parties
to one of the biggest suits ever brought in
the courts of Los Angeles county, were IN
Judge Aliens court yesterday. Rass has
sued Seymour for about 100000, claiming
this amount is due him as his portion Of
Mexican mining deal which Seymour en-
gineered. AS the plaintiff is nonresident
of California, his homo being in New Mex
leo, the court ordered that proceedings be
stayed until he should give bond for the
costs
The herald., 1898-06-28
Wants a Divorce

Amelia Sutton is asking the superior
court for a divorce and alimony from
Nathan III. Sutton, an expressman of this
city. who alleges that he is not making
enough out of his business to pay expenses
In Judge Aliens court yesterday he was
ordered to pay $3.50 per week toward the
maintenance of the minor child. and the
hearing of the divorce proceeding will take
place Saturday. The defendant will con-
tend for possession Of the daughter
The herald., 1898-06-28
Brought Her Back

Annie Crocker left her grandmother's 5
home in this city last Wednesday and did
not return The old lady complained to the
district attorney that she had reason to be-
lieve the girl, who is only II years old, had
gone to San Pedro and become an inmate of
a house of ill-fame. Constable Menzer was
given warrant charging the girl with a
misdemeanor, and, armed with the docu-
ment went to the harbor town and took the
wayward miss into custody, returning to
this city with her yesterday, when the
charge was dismissed and the girl turned
over to her grandma for disciplining.
The herald., 1898-06-28
Got the Wrong Man

There was an amusing case of mistaken
identity occurred yesterday. Officer Hen
derson was given a warrant calling for the
arrest of ]. Weyler on a charge of bat
terry. The officer went forth to find and
took man named j. Weyler into custody
in spite of the protests of the prisoner
When taken before Justice Morrison the
prisoner proved that he was not the Of
fender, so was given his liberty, with sew
eral apologies to boot.
The herald., 1898-06-28

certain writs of attachment in favor of W.
II. Harbell and p. Hardy against Joseph
Harmon. who claimed that the property in
question belonged to him. The jury in
the superior court found for the plaintiff
and the defendant asked for a new trial
which the court refused. The supreme
court orders that a new trial be granted
on the ground that certain admissible testi-
mony was excluded by the court.
The herald., 1898-06-28
Charged With Forgery

Thomas Newton was arrested last even
ing charged with forgery the complaint
being made by Sam Sullivan, the North
Spring-street saloonist. Sullivan alleges
that Newton one day last week asked him
to cash check for $43 payable at the Bank
of Redlands and bearing the signature of
G.. Glass. Sullivan cashed the check for
him, and it was returned by the bank in
dorsed as a forgery.
Sullivan, who owns the Apex saloon, has
known to Newton for quite while in gen.
eral way, but not intimately.
The herald., 1898-06-28
They Stole Hay

r. G. Tryon made affidavit to complaint
yesterday in the district attorneys office
charging Leonard Giackime and Samuel
Black with stealing in the neighborhood of
two tons of hay.
Giackime was arrested and arraigned be-
fore Justice Young in the afternoon, and
stated that he took about twenty-five
pounds of the hay, but not more. The court
will therefore not sentence him until more
evidence is secured to show how much
of the valuable commodity the man did
take. Black has not yet been arrested.
The herald., 1898-06-28
Lou Sue Stole Water

Justice Young yesterday fined a China
man named Lou Sue the sum of six dollars
for stealing water. The Celestial was ar
rested on complaint made by Louis Salz-
geber, who alleged that the almond-eyed
individual had been pilfering water from
Captain Hunters ranch. Lou Sue pleaded
guilty, and was assessed the amount before
stated.
The herald., 1898-06-28

trial. Attorney Allen who represents the
defense. stated to the court tnat the young
mans father f. B. Clark, went to the Cop
per river district of Alaska in August last
and is not expected back until September.
The court therefore set the case for trial
on September l.
The herald., 1898-06-28


| WALSH-In this city, June 27, 1898, John
Fred Walsh, beloved son of John and
Mary Walsh of 52S Lecouvreur street, a
native Of Los Angeles aged 10 years.
Funeral from the parlors of Robert Sharp
& Co., ISL South Spring street, This morning
att 7:15, thence to Sacred Heart church, East
Los Angeles, where solemn requiem mass
will be celebrated at q. m. Friends and
acquaintances invited.
CATE-In this city, June 27, 1885, Mary ".
Cate, beloved wife of ]. r. Cate, a ma
tive of Santa Rosa, Cal, aged 36 years
Funeral Wednesday at p. m. from the
undertaking parlors of Robert Sharp & Co.,
751 South Spring street.
prescott (Ariz.) and Santa Rosa papers
please copy.)
CLEGG-In this city, June %, 1898, William
E. Clegg, aged 62 years.
Funeral will take place from the parlors
of Dexter Samson Co., 523 South Spring
street, today, at p. m. Friends are in
vited to attend.