davidaulloa/AmericanStories huggingface dataset:
Smyrna times., 1898-11-23
A Close Shave.

A circus paid flying visit to a small
country town, and the price of admia-
sion was sixpence, children under 10
years of age half price. 1t was Edith 8
tenth birthday. and her brother Tom,
aged IS, took her in the afternoon tc
see the show Arrived at the door, he
put down ninepence and asked for two
front seats.
"How old is the little grip asked
the money taker doubtfully.
"Well. " replied Master Tom, this
is her tenth birthday. but she was not
born until rather late in the afternoon. "
The money taker accepted the state
ment and handed him the tickets But
1t was close shave. London Tit-Bit
Smyrna times., 1898-11-23

Three things too much and three too
little are pernicious to man-to speak
much and know little, to spend much
and have little, TO presume much and
be worth little. .-Cervantes
Smyrna times., 1898-11-23

The cod fisheries of Newfoundland
have been followed for nearly 400 years.
They greatly exceed those Of any other
country in the world The average ex-
port Of cod is about 1850. 900 owt. per
Rnnum.
Smyrna times., 1898-11-23
REPRESENTATIVES.
NEW CASTLE COUNTY.

NEW CASTLE COUNTY.
First District-James Kitchens, R.
Second-Robert NJ. Burns, r.
Third-James H. Robertson, R.
FOurth-John p. Donahoe, D.
Fifth-Francis J. McNulty, d.
Sixth-Frank P. Ewing, r.
Seventh-George Frizzel, R.
Eighth-John W. Dennison, r.
Ninth-John Pilling, r.
Tenth-H. w. Hushebeck, r.
Eleventh-D. G. Rose, Jr., d.
Twelfth-T. F. Clark, r.
Thirteenth-J. L. Shallcross, d.
Fourteenth-Francis Lattomus, r.
Fifteenth George r. Donovan, d.
Total-1O Republicans, Democrats.
KENT COUNTY.
First-W. A. FAIRIES, r.
Second-E. F. O'Day, d.
Third NJ. Taylor, d.
FOURTH. B. Clark, D.
Fifth-John Satterfeld, r.
Sixth-W. I. Jester, d.
Seventh-Jabez Jenkins, r.
Eight-G. c. Herring, r.
Ninth-William Tharp, R.
Tenth-D. H. Frazier, r.
Total-6 Republicans, Democrats.
SUSSEX COUNTY.
First-M. l.. Davis, r.
Second-G. S. Buell., r.
Third-T. E. Cottingham, d.
Fourth-W. James Conoway, R.
Fifth-William F. King, d.
Sixth-W. P. Short, r.
Seventh George H. West, r.
Eight-Joseph w. Hunter, r.
Ninth-John 7. Wagamon, d.
Tenth-David Hazard, r.
Total Republicans, Democrats.
Grand total-23 Republicans, 10
Democrats.
Total on joint ballot, 81 Republicans
81 Democrats.
Smyrna times., 1898-11-23

There are so different kinds of wood
grown in Arkansas.
Smyrna times., 1898-11-23
ZERO.


Is now within ensY reach of every American.
- days treatment is positively guaranteed TO cure
the most complicated OF Nervous Debility, or
wasting Disease. 1t acts powerfully and quickly.
A New Man. Physically Perfect, Is the result
or the use of REGENERO. Young men will re-
gain their lost manhood. and Old Men will recover
their youthful vgOr II nvigOrates and restores to
iull life and vigOr, all sufferers from Seminal Weak
nesses, lmpOtency Varicocele, Spermattorhea,
Nightly Emissions, Lost Brain and Muscular Power,
Weak Memory Wakefulness. Evil Dreams, DespOn-
dency, Lack OF Confidence, and all effects OF self
abuse. or sexual excess and indiscretion which unfs
one for business study or marriage. REGENERO
goes at once to the root OF the dsease-that Is why
cures 1t Is tho greatest Nerve Tonic in the world
-tiit is why 1t gives YgOr and ctiOn and restores
The Fire of Youth. 1t is a marvellous Blood Puri-
iler-that is why the Pink Glow comes back 20
the pale checks. Insist upon having REGENERO.
Can be carried In vest pocket. BY mail 8 90 per
box or six for $500. We cheerfulIy refund
the money where six boxes do not effect cure.
Circulars free. Address the American Office OF
Smyrna times., 1898-11-23
STATE AUDITOR.
LINGO u

Hotfecker's plurality -2513.
Balls plurality 2738.
Lingo's plurality 2633.
The Single Tax vote was: New Cas-
tie, 125; Kent, 155; Sussex, So. Total,
935.
The Prohibition vote was: New Cas-
tie, 234; Kent, 70; Sussex, 145. Total,
454.
The composition of the Legislature
will be as follows:
Smyrna times., 1898-11-23
BORDEAUX MEDICAL co, 0ai .a& ss,psss; sSs: a.

For sale in Smyrna by CLIFTON & RAY
MoND, Druggists; in Clayton, by r. L.
MASON, Druggist.
Smyrna times., 1898-11-23

The Roundabout Manner In Which
He Secured the Safe Transmission
of His OmcIaI Correspondence to
the Foreign Office.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-07
RELLAIRE
All sorts Of Local NoWS aud GesIlp From
the 03IaaS nitV

All Sorts Of Local News aud GosSlp From
the Glass City.
There was a peculiar jail delivery
Monday night. A cOlored man named
Llttleiohn seems TO have walked out
without any trouble, and 1t is claimed
the door was left open by the night
Waterman, who took supper into the
two prisoners. He feels positive that
he did not, but Marshal Johnson is as
confident that he did. and clrcum-
stances are stated tending TO show this.
The mayor and the marshal held con-
ference yesterday. and decided that the
night-wHtchman should be suspended.
He pleaded for eondonement of his first
offense and another trial, wibh what
result Is not known.
There was a brutal and criminal as
sault made upon young girl Just below
town Saturday evening but the matter
was kept quiet. The girl proved to be
able TO take cAre OF herself, and the
william Is known, hut has not since been
found. The father of the girl Is anX-
iously looking for him.
The Bellalre Bottle Company have
leased the store rooms In the Thompson
property, on the corner OF Guernsey and
Thirty sixth streets, for offices and
sample TOO0ls, ms Is convenient ~
the factory, and viii make a splendid
place for Il sample room, right on the
lire Of the street cars.
]. V. Martin, baggagemaster at the
Baltimore & Ohio station. had the heel
OF his right foot mashed by being
caught In the elevator as 1t went up
to meet train No. IL yesterday after
noon. The injury is very serious one,
and will lay him up for some time.
William Mcdonald, u steel worker
here, and Miss Belle Beckett are said
to have been married by Rev. j. n.
Thomas, at Wheeling last week, and
went to housekeeping IN the Fifth
ward yesterday. They stole a march
on their friends.
Rev. John E. Fulton. OF the Second
Presbyterian church. VIII go 20 Adams
Mills. Ohio, in all probability, as he has
just received a solicited and unani-
nous call TO that place.
The Young Mems Club Is arranging
to have lecture delivered In the First
NJ l.. church holiday week.
]. NJ. Du Bots Is out. after a severe
siege Of tonsilitls.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-07
MARTINS YKRRY.

iiapI and HiiihapS In tas Thriving CITY
Across the Riysr.
The Martins Ferry Belmont BARRIERS
Union have elected the following ohicers
for the ensuing year: President, N. 8.
Hood; vice president, George Fred.
erlcks; secretary, j. W. Hood; secretary
OF finance, Philip Smith; treasurer
George Miller; trustees, Frank myers,
Philip Smith and George Miller. the
above elected officers win be Installed %
their next meeting on January :, after
which a banquet viii be given. All ~:
ture meetings Of the union VIII be hela
ut n. S. Hoods shop on Hanover street
Samuel Beavon, slx-year-oid son OF
Mr., and Mrs. Robert Be3von, residing
ON East Fayette street, died MONDAY
night with Inflammation OF the stomach.
Funeral services will be held tomorrow
afternoon at $3.50 o'clock, lnterment az
Riverview.
The LauehHn tin mill closed down last
night with the third turn, to allow stock
to be taken and an appraisement made,
preparatory to entering the tin plate
combine now being formed, The works
will probably be quiet for a period OF
not more than ten days.
The case Of the Bridgeport Electric
Light and Power Company We. city OF
Martins Ferry. which was commenced
before the common pleas court yester-
day, was continued until this morning
at 10 O'Clock.
Rev. W. f. Shaw, Of Fredericksburg;
o., will hold communion In the Unlted
Presbyterian church Sunday. He VIII
also conduct preparatory services IN the
church Thursday and Friday evenings
A. L. Wetherald, manager Of the
Laughlln tin mill, will resign within the
near future, and take charge OF the man
agement OF q tin plant at Franklin, 1na''
In which he is Interested.
Peter Mcclure. claiming TO be from
Pittsburgh, was arrested Monday night
for indecent conduct and was fined SO
and cost. He will be taken to St
Clairsville to-day.
T. NJ. Fowler, Of Morrisville. Pa, was
In the city yesterday sketchsng the town
for a birds-eye-vlew picture which ne
expects to make.
Charles Westwood fell from a street
car on Fifth street Monday night, and
had one rib broken and was consider
ably bruised.
Mr.. Norris Of the well known firm OF
Morris q Spear, crockery and glass mer-
chants, OF Boston, Is in the city on oust-
ness.
Mrs. Mark Douglas. of Fourth street,
Is confined TO her bed with severe at
tack Of tonslletis.
Marshal Lindemuth has returned from
trip to Akron.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-07
Y.llo,r Jnnntlle. Cured.

Suffering humanity should be sup
piled with every means possible for It's
relief. II Is with pleasure we publish
the following: This Is to certify that
! was a terrible sufferer from fellow
Jaundlce for over six months md was
treated by some OF the best MUSICIANS
IN our city, and all 60 no avail Or.
Bell, our druggist recommended Elcc-
trio BItters; and after taking two bot
ties was entirely cured. now take
great pleasure In recommending them
10 any person suffering from this ter
riblc mnlady. ] am gratefully yours,
NJ. a. Hognrty, Lexington. KY"
Sold By Logan Drug Co.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-07
FOR RBNT.
REAL ESTATE.
For Sale, Rent and Exchange,


FOR sALE-Bullding Site, lij by 80,
East McColloch street. Dirt cheap,
Small farm, improved, II acres. Three
miles from city and river road,
a fine country residence. Pleasant VAL
< cheap home, two-story brick dwelling,
4 rooms and kitchen. on East McColloch
street, Lot 30 By 40. Only $500 Terms
eHsy.
Of Fourteenth street.
Two desirable building lots on Wood
street, Eighth warden very easy terms.
A two-story frame dwelling, rooms
with stable on lot. Lot Is by 100 South
ChnpllnO street, Eighth ward. Only iiS50;
easy terms.
dence, 10 rooms and bath, hot and cold
water, both gases, west side OF Chnpllne,
between 'rwenty-sccond and Twenty.th!rd
streets Possession given now,
4 county residence with grounds. In.
qulrn at once.
For exchange for city property, n well
improved farm at slstersvlllo. 20 acres.
C. A. SCAEFER & co., cS re- aI IIsi': Sc islA
Telephone oil.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-07

OIL CITY-Rlver / foot s inches and
failing. Weather cool and light snow.
BRoWNSToWN-River 0 feet 8 In
ches and stationary.
wNRREN-River foot. Weather
cloudy and Geld.
GREENSBoRo-Flver . feet 10 ln-
ches and falling. Weather threatening.
MORGANTOWN-Rivor 10 feet i'm
ches and stationary. Weather cloudy
and warmer.
PITTsBURGH-RIver rs feet but
rising slowly at the dam. Clear and
cold.
OBSERVATION-DISCLOSURES S feet in
ches and rising. Weather cloudy and
cold.
CAIRo-River 1874 feet and falling.
Clear and warmer.
MEMPHIs-RIver SO feet and falling,
Clear and cool.
pr. PLEAsANT-River H. feet and
rising. Clear.
CINCINNATI-River 1871 feet ard ris-
ing. Partly cloudy.
EvANsVILLE-Rlyer 1Ol feet and
rising. Snow hurrles,
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-07


place Il with GOOD literature, and the
only way 70 IeSd our boyt and Sifis to
read good literature, 81 70 create Wltlln
them Z. tnste for Il. This can be done,
and the teacher who does, deserves 20
Be called what she really r, helper ~
making the racs better, Erahder and
nobler than Il would otherwise nave
been. Many teachers seem 10 forget
that their greatest work Is character
building. Let US keep this thought be-
fore our minds az all times teachers, and
do our work 10 well that the communi-
lies in which we work, VIII feel our In
huence for good.
Pennsylvania Is great state and
boasts Of her system Of free schools ana
yet State Superintendent n. G. Schaener
n his reports states that there are some
districiB In the state that hardly pay
their teachers 4 competency. They dole
out to them a nlggnrdly pittance for DO
Ing the very best Of work. He says In
connection with this that they do not
pay their teachers rs much as would
keep them IN the almshouses. This x
sad commeEtOry on the intelligence OF
the people OF thes districts and & should
not be tolerated. Are there not some
districts in our own state almost as bad,
as far as compensation TO teachers IS
concerned?
on Friday last Prof. Ed Rynearson,
assistant principal OF the Pittsburgh
high school, paid the wheeling high
school q visit. staying some time, In
speeding It's workings. He Will be weE
coined again at any time.
THE PEDAGoGUE.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-07
DR.. WURTa'S OPINION
d 7HE DlsGovERY n HEDICIAE

a Remarkably Successful Remedy for
Dyspspsia, INDICATION and Stomach
Tronblss.
Dr. Wurth, in commenting on recent
discoveries in medicine, said: "There is
none which Is certain to be so valuable
and far-reaching in benefit as Stuarts
Dyspepsia Tablets, the new stomach
remedy; say far-reachlng, because
people little realize how important a
sound stomach and vigorous digestion
Is to every man, woman and child"
Indigestion Is the starting point OF
consumption, heart disease, Brights
disease, diabetes, nervous prostration.
liver troubles; why Is this 80? Simply
because every nerve. muscle and tissue
in our bodies 10 created and nourished
from the food we eat. If that food is.
by reason Of a weak stomach, compelled
to lie for hours, a sour, fermentlng mass
OF half dlgested food, It poIsOns the
blood and nervous system, sreates gas
which distends the stomach and bowels.
causing pressure on the heart, lungs and
other organs, and seriously impeding
their action.
He says further, the point to direct at
tention Is not the nerves. nor heart, nor
lungs, nor kidneys, but the stomach, the
FIRST cause OF oil the mischief.
The remedy to use for indigestion and
weak stomachs Is not some cathartic,
but remedy which will digest the food,
increase the flow OF gastric juice, absorb
the gases. and Stuarus Dyspepsia Tab
lets will accomplish exactly this result
in any case Of stomach trouble, because
these tablets are composed OF the diEes-
tive acids, aseptlc pepsin, Golden Seal
and bismuth, pleasant to taste, and not
being patent medicine, can be used by
any one with perfect safety. believe
Stuart's Dyspepsia Tablets will cure
any form OF indigestion and stomach
trouble except cancer OF stomach.
Full size packages OF Stuart's Dys-
pepsiA Tablets are sold by druggists at
50 cents, or by mail from F. A. Stuart,
Co., Marshall, Mich. A book on stomach
diseases. together with thousands Of
testimonials, win be sent by addressing
above or call on your druggist for them.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-07
THE RIVER


Cincinnati. KEYSTONE STATE, S a, n
Pittsburgh. QUEEN CITY, "a. m.
Parltersburg. H. X. BEDFORD, II q. m.
Pittsburgh, AVALON, s q. m.
Sistersville. .ELOlSE, II a, m.
Matamoras. LEXINGTON, IL a. m.
Slstersville.. RUTH. $50 p. m.
Clarington. D.. LEROY, $3.50 p. m.
Steubenvllle. II. NJ. BAYNE, $3.50 p. m.
BOATS LEAVING TO-DAY.
Charleston. -. KANAWHA, $3.50 a. m.
SistersVllle. .ELOlSE, II a. m.
Pittsburgh. BEN HUR, 2 p. m.
SIstersville., RUTH, $3.50 p, m.
Darlington. LEROY. $3.50 p. m.
SteubGnville. n. NJ. BAYNE. $50 p. m.
BOATS LEAVING TOMORROW.
Pittsburgh. GREENWOOD, $50 a. m.
Cincinnati. :. QUEEN CITY. 8 q. m.
Parkersburrs. n. X. BEDFORD, II a. m.
MRtamorns >. LEXINGTON, II a. m.
SIStersrllie. .ELOlSE. Il a. m.
Plttaburgh.. w. J. CUAiMINS. 8 u. m.
Partnerships. AVALON, 3 q. m.
Sistersvllle. RUTH. $3.50 p. m.
Darlington LEROY. $3.50 p. m.
Steubcnville. IT. ". BAYNIs, go p. m.
Pittsburgh .LoRENA, 2 a. m.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-07
MoUNDsvTLLE
MISCELLANEOUS SIsIango OF Minor NIAt.
ter from MarnhAIUa Metropolis.

MIIceIIRMCOuS MeiRngo of Minor MAt.
ter from MarnhRIrs Metropolis.
The cold weather OF the last few days
has clearly demonstrated that there Is
something wrong with the heating APP
pdratus at the Central school building,
Several teachers had to dismiss their
scholars yesterday because their rooms
were not properly heated. There Is
some talk OF disseminating the use OF
gas IN the furnaces. and returning 10
coal. which is thought viii give better
results.
Rev. D. A. Denton. editor OF he NJ.
T.. Times, OF Pnrkersburg, will I'LL the
regular appointments on the Pleasant
Valley circuit next Sunday. Rev. Mr..
Denton was formerly pastor OF this
charge.
The Independent Hose Company No.
. have their benefit entertainment at
the parish house Saturday night
Gen. George b. Caldwell. OF Wheel
iuE. was attending county court here
yesterday
The NJ. Il. Sowing Society meets with
Mrs. j. W. Burley, OF Fifth street, THIS
afternoon.
a. d. Pierce, OF Fork Ridge, was a
business caller In the city yesterday
Miss Lille Gorby has returned from
q visit to friends at Martins Ferry
Protracted services commenced at the
Baptist church last night
Elbert Mitchell, OF Wheeling, was here
on business Yesterday.
II. w. Vance, Of Benwood, was In the
city yesterday,
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-07
THR sTATE FAIR Else
Considered Yesterday by the Trotting
Association at New York.

Yesterday. at New York, the AmerI-
can Trottlng Association board OF re-
view took up the case OF the West Vir-
glnla state Fair Association, case OF
alleged suppressed time Charges Of
similar nature are pending against the
judges and time-keepers who acted at
the associatlon's last meeting In Sep
tember. Several witnesses were exam
ined who testified that In some In
stances the time recorded was a num-
Der Of seconds removed from the cor
rect time. A decision on the matter
was not reached but will probably be
later in the executive session.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-07
MEDICAL.
ADIESI
VTtL...aaN m.

IADIEsl chiehc,lof's English PcnnToyal Pie
ID .n..nl.l prladl, ptP the best. 81, !.li,st
Iaks 20 ohsls sfnd 49, siall, tef f4ftnlAfai ksat
ChleheStGr ChtmleSi Cos b6llhda'' Pa.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-07

DIR. BULLS Cough Syrup viii stop
your cough at once. Take advice. and
buy a bottle OF this reliable medicine
for 25 cents.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-07
TO LOAN.

MONEY TO LOAN ON REAL Es-
.IHl. TATE. Six per cent interest and one
per cent premium, total seven per cant
Apply 70 THE BUCKEYE SAVINGS 9
LOAN CO.. sd St, BellaIre, Ohio. oel
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-07

WATCHES at the very lowest prices
in the city at McNanee's, 1907 Market
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-07

CEfAMBERLAIN's Collie. Cholera and
Dlarrhoeu Remedy can always be de-
pended upon, and It 10 pleasant and
safe to take, Sold by druggists.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-07
A sERnoN FOR TEN.

The man who earns his living with his
brains cannot afford to neglect his body.
The body is the furnace and boiler that
furnishes steam to the brain. II tue fur.
mace Is permitted to get clogged with clink-
- tie hniler will make no steam, and the
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-07
SIMPSON & TATuM,
RECEIVERS SALE".."""
OfthC Wheeling Drug Company ct
No. 1903 Main ST., Wheeling, ". Va

Tho receivers will sell at private sala,
and ON reasonable terms, the entire stock,
bills receivable good viii and lease on tho
building OF tho Wheeling Drug Company.
Tho house has n large trade and the buIl-
Epect IL Is a rare opportunity for anyone
desiring to engage In tho Wholesale drug
business. until sale Is made tho receiver
will continue 10 conduct the business a.
trade with everything IN the line Of whole.
Il. II. DEVRIEs,
FRANK CRUISE,
nol0 RecolveTh 1
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-07

Rough Riders got tho larger end OF
last nights ten-pln argument with the
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-07

Daisies lost two Of tho thrce games with
on Again last evening. Neither team roll
cd big ton pins. Score:
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-07
TOR SALE.

FOR SAh11s
whitaker Iron & Steel Co. per cent
The Ravcnswood, Spencer & Chenille
Guaranteed Gold Bonds, per cent Bonds.
Corporation Gold Bonds, per cent.
No. ii5 Fourteenth ST., brick dwelling.
No. N23 Main street, brick dwelling.
No. q Virginia street, bargain.
No. Vermont street, frame dwelling.
No, l50 n. Front street. brick dwelling.
No. Maryland street, frame dwelling.
In Pleasant Valley, frame dwelling,
For Rent-No. 81 Fifteenth street, brick
dwelling.
SIMPSON & TATUM,
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-07
Aber Nit surprised some people last night
by defeating Golden Rods In one Of the


SCorerS-J. Fette and Plankey.
Iimplre--J. Baumann. jr.
To-ilght-Frog Horns and La Belle.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-07

lmplfe-AfnihnoNE'
Scarers-Hnnnan and Adams,
Thursday eyeulng-Shaney vs.. Crescer
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-01-18

his official superior and Deputy Marshal the defendant This
paragraph also does forth breach Of the promise alleged
therein The third paragraph forth that the defendant mot
regarding his said several promises and undertakings has not
pad the said several OF money either OF them etc.
The defendant denurred upon the following grounds:
L That complaint does not state of action
- That appears by the complaint that defendant received
the moneys alleged III his capacity Deputy Marshal and
sued individually.
- That the action is improperly brought in asslmpt.
The District Magistrate sustained the demurrer and the plain
tiff appealed to this court.
If either is good demurrer have been
ruled. In opinion neither shown to be bad.
The objection the first that is incomplete in that
it does show breach. But breach is shown namely in
the third paragraph of the complaint This is separate para
graph and intended apply both counts evident
several sums" and either of them
The objection the second Is that it shows
of action against the defendant in his official capacity only while
he is sued individually. There is nothing show that the
defendant rghully received and retained the money in his
official capacity that he bound entitled hold
account for government realization otherwise. 1t is
shown that he received through subordinate who took
from the plaintiff and that in consideration thereof he promised
the plaintiff it. The allegations that defendant and
Deputy Marshal and that he received the money through
police officer are immaterial.
The action properly brought in asmpsi If a
committed the plaintiff might waive it and bring assmpsi
The Judgment appealed from the
to the District Court for such further proceedings be
proper.
Il. 4. Dickey for plaintiff
c. Creighton for defendant