davidaulloa/AmericanStories huggingface dataset:
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-04-21
DISSENTING OPINION OF JUDD, CD.
Following are the facts of this case:

Following the facts of this
Joseph Lazarus dc eased left will which duly admitted
probate by judy Perry of the Circuit Court First Circuit,
chambers tie 9th of August 1897 Some of the heirs
law appeared contestants but put evidence and
the order admitting the will being made, appealed terefrom
the Circuit Court of that Circuit. Their notice of appeal
filed the 9th of August. The accrued
paid the bond for future filed within ten days after
the order of probate
When the appeal called the term Of the Circuit
Courtthe special of December, 1S97-a motion
appeal ground the
paid the bond for filed within ten days after the order
in chambers appealed from. The notice made before Hon
E. G. Hitchcock, Circuit Judge of the Third and Fourth Cir
cults, presiding in this in the Circuit Court Of the First
Circuit of the disqualification of both the Circuit
Judges First Circuit Judge Hitchcock granted the
ton and dismissed the appeal and counsel for the contestants
jury under the Act of 1864 which allows appeal
probate certain of facts w.t. that the
value of the exceeds $500 that the appellant claims
interest in the property by virtue of will by the statutes
Of descent and taking his appeal to the appellate court II
of fact be in issue his motion have the issue Of fact
tried by jury shall not be denied.
Costs were paid bond S filed by the appel
liant the Both of August which than days after
the date of the order appealed from, bat before the opening
Of the Of the Circuit Court
Tt is contended by the appellants that there is statute in
existence which requires appeal from Circuit Judge in cham
bers to be made by noting the appeal IN i've
days and peectng by payment Of costs accrued and ming
bond for future within days after the hing OF the
order appealed from
The present regulating appeals from Circuit Judges
of the Laws of 1892 amendatOry OF
Section 50 Of the Act Reorganize the Judiciary. It reads
Appeas shall be allowed all DECISIONS judgments orders
of circuit judges chambers to the Supreme Court
except in which the appellant entitled to appeal to
Jury the party appealing shall file notice Of his appeal
within five days and shall pay the costs accrued and deposit
sufficient bond in the of fifty dollars conditioned for the
payment of the further in he is defeated In
the appellate court money the amont, within
appealed FROM provided however that in which the
law allows appeal from the decision Judgment order
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-04-21
DECIDED April l., 1898.
JUDD, CD, FREAR AND WHITING, JJ.

of
appellant
Judge chambers the for
the filing
order appealed applies appeal
when to the Supreme Court
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-04-21

SUBMITTED DECEMBER y, 1897.
The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1898-03-30

There are evidences that Uncle Toms s
Cabin is never going to die. 1t seems to
have lost none of its popularity during
the past decade. OF course the perform
ance is given at popular prices, but no
other attraction would draw the houses
this historic drama draws, no matter
how cheap the admission price might be.
Uncle Toms Cabin has the attributes of
great poem, or masterpiece in prose,
or vital product of brush and ehisel, 1t
has illed its tlagon at the fountain of
youth.
The Davis Company will present at the
opera house next Wednesday, April 6,
what is said to be the best production of
Uncle Toms Cabin ever put on the stage.
Popular prices 10, 20 and 30 cents. Seats
on sale at Adams drug store.
The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1898-03-30

Two young men of this place hired a
two horse rig from one of our livery
stables, Saturday evening, and started
east with the intention of calling on
their best girls. No difficulty was en-
cOuntered with the bad roads until
about two and one half miles from town
when the buggy became stuck in the
mud, and the horses in their efforts to
pull the unfOrtunates out, broke the
buggy and harness, thus making it
nearly impossible to proceed further.
The young men not to be outdOne and
more determined than ever to reach
their destination, mounted the horses.
Undoubtedly they were not used to
this, as they baked and per-
sisted in lying down in the middle of
the road. Even under such circum-
stances the young men reached their
journeys end, more in appearance like
"hObOOs" than otherwise. One was
minus an overcoat, and both looked as
though they had taken mud bath.
The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1898-03-30

The will of Rutillus P, jackson late of
Elyria, admitted to probate.
Will of ThOs, II, Jackson late of Elyria,
admitted to probate.
Frank YOsker of Pittsfeld, adjudged
insane and ordered conveyed to Toledo
asylum.
H. P. Chapman appointed assignee of
Emily G. HObill of Elyria, for the benefit
of creditors.
Will of ThOs. Walton late of Elyria, ad-
mitted to probate.
F. j. Peters, guardian of VIM. Witt ct
al. VS.. Vim. Witt ct al, petition for order
to sell land.
John Nelson of Oberlin, adjudged in
sane and ordered conveyed to the Toledo
state hospital.
j. T. Haskell appointed administrator
of the estate of John S. Griggs late of
Wellington.
Will of Isaac S. Metcalf late of Elyria,
admitted to probate.
L. L. Crane appOined appointed admin
istrator of the estate of 0. P. Roberts late
of LAGRANGE.
The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1898-03-30
FOX TRIAL BEGINS.
Graphic Story Told by Mrs. West-The De
fense VIII Claim Packenbeusch was
Kicked by Cows.

Graphic Story Told by Mrs. west-The De-
fense VIII Claim Packenbeusch was
Kicked by Cows.
The trial of Joseph Fox for the mur
der of Fred Pachenbeusch is now going
on at Elyria.
The court succeeded Monday evening
in getting jury. Four men were
drawn besides the thirty-six first drawn.
Three out of the forty did not appear.
The following were the jurors finally
selected.
Quincy Sage, of Oberlin; John Young
lass, of Avon; Noah Peck, of Ridgeville;
Morris Tuttle, Of Oberlin; H. H. Ken
nedy, of 0berlin; R. N. Nichols, of LO-
rain; G. W. Turner of Oberlin; Clarence
Beardsley, of Grafton; H. W. Hall; Of
Wellington; F. A. Edwards of 0berlin;
Alfred Walker, of Avon, and William
Bennington, Of Elyria.
The court room was nearly full when
the trial opened this morning. About
fifty witnesses were present. Seventy
three subpOenaes had been issued but
about dozen witnesses were subpOen-
aed by both sides. Charles f. West, at
whose home the murdered man was
working at the time of the murder was
first called. He was away at the time
and knew nothing about the murder un-
til his return.
Mrs. West was the next witness called.
She gave graphic description of her
finding Pachenbeusch soon after the
murder and of all that transpired until
he died about two hours later. The muir
dered mans bloody cap which lay some
distance from where he was found, his
clothing and plot of the barn were in
trOduced during her testimony. Her
voice was clear and unhesjtating as she
told how she found Pochenbeusch sitting
at the foot of the stairway in the barn in
a dazed condition, grOaning and wiring
ing his hands, his head bleeding, and
one of his feet bare while the other was
covered only by stocking. The cross
examination of Mrs. West had just COM
menced when court adjourned for the
noon hour Mrs. West was again called
to the stand after noon.
From the questions asked by the at
tOrneys for Fox, the indications are that
they may attempt to show that Pachen-
beusch was kicked to death by the cows.
Fox, pale but we'll dressed, appeared
more like spectator than a man on
trial for his life. His conduct since the
murder has all along been peculiar for
one resting under such charge.
rain Times.
The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1898-03-30
WIN. CRoSIER.

DO not wait until tornado destroys
your property, but take policy to-day
with R. N. Goodwin, the old reliable in
surance agent.
The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1898-03-30
Court of Common Pleas.

W. A. Braman vs.. W. A. Nesbett sset al.
Accounting, foreclosure and equitable
relief,
Thos, Monroe vs., Daniel Monroe ct al,
partition.
j. ". Moore VS.. P. j. 0sterman, mon
ey only.
Lee Comstock vs.. Geo. Terrell, money
only.
Minnie F. Thomas vs.. Albert C. Thom-
as, divorce.
VIM. NJ. Hurst vs.. W. S. Garfield, mon
ey and attachment.
Minnie Williams VS.. Frank William,
divorce, alimOny, equitable relief and
custody Of children.
The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1898-03-30

On April and 10, the Chicago, Mil
waukee & st. Paul Ry. will sell round
trip excursion tickets good 21 days. from
Chicago, Milwaukee, and other points on
its line to great many points in North
and South Dakota, and other western
and southwestern states at greatly reduc-
ed rates. Take trip west and see what
an amount of good land can be purchased
for the least money. Further informa-
tiOn as to rates, routes, prices of farm
lands, ETC., may be obtained on applica-
tiOn to any coupon ticket agent, or by
addressing any of the following named
persons: W. E. Powell, general immigra-
tiOn agent, 410 Old Colony Building, Chi
cagO; H. F. Hunter, immigration agent
for South Dakota, 291 Dearborn ST., Chi
cagO; Or Geo. H. HeaffOrd, general pass
enger agent, Chicago. Ill.
The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1898-03-30
Wanted.

Competent girl in family Of three.
Mrs. l., n. WadswOrth. II.
The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1898-03-30

"Yes, and the Maine board of inquiry
has submitted its report to congress.
THAT sol What was it?"
"Why, external eXplOsiOn--submarine
Spanish, probably"
Sand now what?"
"W-e-l-l-, that's hard telling. Maybe
war, and maybe not. Pretty big question
for even man like Mckinley to answer
so soon. Have to wait few days and
see what congress does. They've been
having some mighty stormy sessions late
ly, you know"
The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1898-03-30
Cheap Rates to the West and Nortnwe.,.

On April 5 and 10, the Northwestern
Line Chicago & Northwestern Ry,) will
sell home seekers excursion tickets at
extremely low rates to large number of
points in northern Wisconsin, Michigan,
northwestern Iowa western Minnesota,
Nebraska, North and South Dakota, in.
cluding the famous Black Hills district.
Better own farm. Start pOwl Apply
TO nearest ticket agent, or address
D. W. Aldrich, 127 The Arcade, Cleve-
land, Ohio,
or W. B. Kniskefn, % Fifth Ave.. Chi
cage, Ill. ID
The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1898-03-30

Four new battleships of the most pow
erful type have recently been placed in
commission in the navy, the battleships
Kentucky and Brooklyn, and the ram
monitors Katahdin and MaintOnOmOh.
They will add greatly to the strength of
the present navy.
The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1898-03-30

Chapman & HOrr Bros. have sold over
$2500 worth Of fine HOlstein cattle in the
last month, at prices ranging from $50
for calves to $3.50 for mature cows.
These cattle were shipped to different
points in this country, and also in Can
ada.
The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1898-03-30
Say, Mister,

Are you going to build this'yeaf2 Do
you want it up-tO-datep If So, see me
and l will use you as welIas any man in
Wellington or out Of it for quality, qtian-
tity or both, and not charge you two
prices, either. S.'F. Black.
The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1898-03-30
Public Sale.

E. A. Briggs will offer at public sale
at his residence on North Main street.
first house north Of Mrs. D. L. Wads-
wOrth's, on wednesday, April 8, 1893,
III of his household goods. Carpets,
brIl'mom furniture, chairs, tables, sofa,
pictures, hard coal stove, soft'coal stove,
cooking stove, coal oil heater bedding,
cooking utensils, dishes, garden tools,
hard coal, books, etc.
T.lR. Hefrick, .AuCtioneer.
The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1898-03-30

Illinois is getting all the benefit of the
waste water running loose. The floods
are doing even more damage there than
has been done in this state.
The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1898-03-30
Novelty Store.


II you have, you probablyneed relia-
bic medicine like FOley's Honey and Tar
to heal your lungs and stop that hacking
cough, incidental to this disease.
The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1898-03-30
Look Here.

To close the estate of the late Orline
Hamilton, the house and lot on North
Main street may now be bought at an
extremely low figure. This is certain
ly rare chance to get good home
cheap. r. N, Goodwin, Executor. tt.
The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1898-03-30
CITIZENS TICKET.

For Mayor,
GEO. L. COUCH.
For COuncilmen,
W. D. HALL, NJ. W. LANG, c. SAGF
For Treasure,
H. C. HARRIS.
For Assessor,
R. n. GOODWIN.
For Clerk,
F. A. CHAPMAN,
For Marshal,
B. L. WHITEHEAD.
For Street Commissioner,
L. H. DIBBLE.
For Township Trustee,
L. f. CLIFFORD.
For Township Clerk,
A. H. PIERCE.
For Township Assessor,
VIM. STEVENSON.
For Cemetery Trustee,
VIM. VISCHER.
For Justice of the Peace,
j. B. D0LAND.
For Board of Education,
J. S. MALLORY, f. W. BENNETT,
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1898-01-15

with the disease; and one case has
resulted fatally.
AS soon as the public become
fearful that it was diphtheria, steps
were taken with all possible speed
to ascertain the truth of the matter
from medical authority, and to
take precaution to prevent the dis
ease from spreading. A joint
meeting of the trustees of Bonner
port and Eaton was called accord
ingly. The meeting was held at
Casey & Cranes store. The Bon
nerport trustees present were
Messrs. B. G. Hemminger, VIM.
Elderton and w. NJ. Crane; from
Eaton, Messrs. Thos. J. Jones,
Charles O'Callaghan and S. D.
Taylor. Bartlett Sinclair, Esq,
acted as clerk of the meeting. 1t
was decided to employ physician
from Spokane to come and exam
inc the cases and report to the
trustees as to the best course to
pursue. DR.. Dutton, of Spokane,
was summoned. He arrived on
Tuesdays train, pronounced the
disease diptheria and, of course,
recommended isolation for the
patients and their nurses to pre-
vent the disorder from spreading.
The town trustees have not
established regular quarantine
by ordinance, but have recon-
mended that the public voluntarily
observe such rules of conduct as
are customary in such matters and
it is hope that will be sufficient. as,
otherwise, regular quarantine will
have to be established, with all its
attendant inconvenience, trouble
and expense.
The HERALD believes that there
is but little danger of the disease
spreading to any serious extent
1t appears to be very mild type
of diphtheria and we judge that il
! is not of a nature that spreads very
fast from the fact so few new cases
resulted from the first cases tc
which all the children attending
school were exposed. However, il
might run into a more malignant
form at any time, and the utmos
care should be exercised to proven
its spread, as it is a disease of most
dreadful proportions.
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1898-01-15

time active work was in progress
there were removed from the SO
miles of river next below Bonner's
Ferry 159 snags, ranging in length
from IL feet to 104 feet and in
average circumference from 5 inches
to 3 feet.
RECOMMENDATIONS AND REMARKS.
AS more than half the part of the
river to be improved has been gone
over and more than half the total
number of snags which were visible
last fall removed and considerably
less than half the appropriation ex-
pended, it is certain that the river
can be thoroughly cleared of the
snags in it at present. 1t is pro-
bable, however, that other snags
will lodge in the river, and that in
the course of few years the work
will have to be done over again. AS
the appropriation amounts to the
estimated cost of improvement, no
recommendation is made in regard
to future appropriations.
FUTURE oPERATIoNs.-The re-
naming snags in the river, and any
new snags coming in, will be re-
moved as long as there are funds
available.
MONEY STATEMENT.
July 1, 1896, balance un-
expended .... .-...$5,000.0C
June 30, 1897, amount ex-
pended during fiscal
year ..,. .. 2,163.O5
July 1, 1897, balance un-
expended -. .$2,S36.97
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1898-01-15
KoOTENAi RIVER IMPROVEMENT
Annual Report of Capt. Harry Taylor
U. S. Engineer IN Charge.

Improvement of Kootenai River,
Idaho, between Bonner's Ferry and
the International Boundary Line.
The appropriation for this work
was made in the river and harbor
act Of Tune 3, 1896.
Description OF ORIGINAL CoNDI.
TIoN.-The portion of the Kootenai
River for which this appropriation
is available is about 60 miles in
length, has a gentle current, and a
depth sufficient for navigation, but
was INSTRUCTED by many snags,
which had lodged in the river.
A description of this part of the
river is published in the Report of
the Chief of Engineers for 1898,
pages 3456-345S.
PLAN OF IMPROVEMENT.-The
plan of improvement is to remove
the snags in the river and the lean
ing trees on the banks which are
liable to fall in and become OBJ
structions.
The estimated cost of the improve
ment is $4,000.
RESULT OBTAINED DURING FISCAL
YEAR ENDING JUNE 80, 1S97.-The
worst snags were removed from
about one-half of the stretch of
river to be improved.
REPORT OF oPERATIoNs.-ln OctO-
Der, 1896, an examination of the
river showed that there were over
200 snags in the river at that time
1t was also found that there were
no American boats on the river
adapted for use in snag pulling
Arrangements were therefore made
for the hire of a barge, which was
to be specially built and fitted NJ
with hosting machinery for the
purpose of pulling the snags. BE
fore the boat could be completed n
enormous rise in the river, followed
by severe cold weather, caused worl
to be suspended until spring. Snal
pulling was commenced on Marcel
81, 1897, as soon as the river wa
free from ice, and continued unit
May 6, 1897, at which time tn
river had risen too high to permi
of advantageous work. During tn
The Kootenai herald. [volume] (Kootenai, Idaho) 1891-1904, 1898-01-15
Dlphtheria

The people of Bonner's Ferry
awoke last Sunday morning to the
unwelcome fact that diphtheria
prevailed in the town, when the
news flew from house to house that
little Marion Elliott, daughter of
Mrs. B. w. Elliott, had passed
away during the night from a
malady that bore the symptoms of
diphtheria.
For the past two months dis
order has been prevalent in Bon
ner's Ferry that has been pro-
nounced everything from Group to
diphtheria. 1t was pronounced the
latter by persons who have had
experience with the disease, but as
there were no serious results, and
as it was not declared to be diph-
liberia by a physician, little atten.
ton was given to the matter un-
til the dreadful tidings spread that
the diseased had resulted in a
fatality.
1t seems certain now that we
have had II cases to date. OF these
5 have convaiesced; 5 are now i'll
The San Francisco call., 1898-02-12
WHERE WILL THIS END2

I MESS there IS some mistake concerning the | facts disclosed ill the recent exposures o otf- O cal corruption in this city and elsewhere, the popular belief regarding such matters will have to be modified. We have always been led to understand that official bribery found its in the unlawful designs of some conscienceless corporation some conspiring dishonest knave. The narrowing picture of upright tax-eater manfuy resisting temptation has often been presented by the "anti" organs and orators as foundation for the allegation that but
 for corporation bribe money there would be no governmental corruption.
 An altogether different theory is disclosed by the recent exposures. School Director Walters virtue not attacked by political boss nor by a poodle school teacher. He himself searched for a man who wanted to get teacher into the School Department and proposed to procure the place for him for $500 No grasping corporation approached" Supervisor Delany in the pound matter. That valiant warrior himself asked Wadham how much money there was in the treasury of the Society for the Prevention of Cruelty to Animals, and, according to Wadham's sworn statement, proposed for $500 to secure the control o the pound to the society. Nor is there any evidence that political boss or the en1issary of corporation laid i'll wait for the integrity of Super visor Haskins of School Director Ragan. Ac- cording to the persons who charge them with ruption, they solicited the business personally
 Nor does the testimony so far giver in the suit brought by the Parafine Paint Company against the Harbor Commission develop any different condition The witnesses in that generally agree that the business" worked up by the Harbor Commis- soners. Mr. Bibb says Commissioner Co1non called on him personally and asked how his negotiations with the man sent by him to make arrangements" were progressing. In fact, on every hand there is evidence that the accused officials themselves were anxious to sell their votes and influence, and were seeking to create situations which would compel somebody to brbe them.
 So we say that if we are to accept the facts dis closed by these exposures as true we shall be forced to modify our ancient view of the causes of official corruption In of the cases referred to were there any monster corporations with a retinue of br1be-glvers to tempt the virtue of the tax-eaters Colonel Mazuma nowhere in sight The officials themselves were out in pursuit of poodle and hunting for bribe-givers with bated breaths No opportunity was given to approach anybody. The tax-eaters did the approaching" and the persons who have precpltaed the scandals those who ordinarily are supposed to be the tempters.
 There IS but comment to make on this sub ject as have outlined it. and that may be placed in the form Of question: What is the country coming to when seek office for the purpose of soliciting br1bes? And this question gives place to another: Is it not about time that it is reasonably certain that we are being ruled by thieves for the people to cast about for anchorage? Surely things cannot go on this way very long,
The San Francisco call., 1898-02-12
COLLECTED IN
 THE CORRIDORS.

F. F. Johnson, a fruit-grower of San Jose, Is at the Lick.
 A. Arnold, a Iancher of Oakdale, Is at the Grand on his way to Alaska.
 Dr. von Deburgh, the resident physician at Los Gatos, Is at the California.
 John F. Wood, a banker of Stockton, Is one of yesterdays arrivals at the Grand.
 G. McM. Ross, wealthy mining man of Copperopolis, is registered at the Occi- dental
 z. W. Christopher, superintendent of the Mirabel mine, is a guest at the Oc- cidental.
 Harry Anger, young Londoner, on his way around the world, is registered at the Palace
 c. N. Doodson, a well-known business man of Vancouver, B. C., is at the Palace with Mrs. Doodson.
 Professor Edward D. Starbuck of Stan ford University is staying at the Grand on short trip up to the city.
 Colonel Charles F. James, son of the x-Postmaster-Genera is at the Palace on pleasure trip to the coast.
 Lieutenant M. c. Gorgas, U. S. N., has come down from Mare Island with his wife and is staying at the California.
 L. M. Maddox, trustee of the lone In- dustrial School, has come up to the city to attend a meeting of the directors of that institution. He Is at the Grand.