davidaulloa/AmericanStories huggingface dataset:
The record-union., 1898-09-03
NOTICE OF COMMISSIONERS SALE.

| NOTICE is HEREBY GIVEN BY THE
| UNDERSIGNED. Charles B. Strong, Commits
| sioner Of the Superior Court of the Coun-
| ty of Sacramento, State of California, in
| the action wherein Maurice Leavitt Is
plaintiff and Mary e. Howard, as the ad-
ministratrix of the estate of Madison
| Howard, deceased, is defendant, that in
| pursuance of a decree of said court made
and entered in said cause on the 18th day
| of August. 1895 and an order of sale is
sued out Of said court in said action di-
rected to me as such Commissioner,
| wherein and whereby | was directed to
/ sell the property hereinafter described in
| satisfaction of said Judgment, which said
| judgment directs the payment of my costs
| and expenses and fees, and the costs of
| said action amounting to $3.50 and $50
| attorneys fees allowed plaintiff therein,
| and also S3363 43 due to plaintiff, together
with the interest thereon from the date
| of said decree at the rate of per cent.
| per annum I will on MONDAY. the 18th
| day of September, 1898, at the hour of ID
| o'clock a. M, at the front door of the
| County Courthouse, northwest corner of
/ Seventh and l streets, Sacramento City,
| California, sell at public auction for cash
| in gold coin of the United states, the
| laEds and premises described In the said
/ decree. to wit:
| The northeast quarter and the southeast
| diagonal half of the northwest quarter or
| section twenty-seven, in township seven
| north range five east, Mt. Diablo base
| and meridian, together with the improve
| ments thereon and the tenements, heredi-
| taments and appurtenances thereunto be-
| longing, or In any wise appertaining.
/ Dated Sacramento, September 2. 1895.
] CHARLES B. STRONG,
/ Commissioner.
Hiram w. Johnson, Attorney for Plain
The record-union., 1898-09-03
A NUDE BATHER.
He Was Gathered in by a Yo1o
Constable.

Constable Russell of Washington,
Yolo County, yesterday visited the Sac
ramento side Of the river, a short dis
tance above the city limits, and ar
rested Fred. Summerhalter, who was
enjoying a nude bath in the river in
full view of a score of Washington
cottages.
Summerhalter, who is a fisherman,
was taken before Justice Gill, where
he entered a plea Of not guilty and de-
manded a jury trial. He was lodged
IN the Jail on this side Of the river for
safe-keeping.
After his arrival here he signified
his willingness to Constable Russell to
withdraw his former plea this morning,
and enter one Of guilty.
The record-union., 1898-09-03
AS USUAL.
The McMahon-Ba11et Women
Victim Keeps Out Of Sight.

Fannie McMahon, the woman recent
" arrested on suspicion of having
robbed a we'll known young man of $40
in a lower L street place, was oe1ore
Justice Davis yesterday, but owing 10
the fact that the man claiming to nave
been robbed would not swear to a COM
plant against her. she was discharged
Claude Ballet, the colored damosel IN
whose house the robbery was said TO
have been committed and who accused
the Mcmahon woman Of turning the
trick" was also discharged.
The record-union., 1898-09-03
IS. F., No. 1,OS6-Department Two


Filed August 80, 1899
William Plass. respondent; Catherine
Plass ct AL, executors, etc., appellants.
Action to declare trust for plaintiff
as owner Affirmed and reversed.
Where the tenant out of possession
sues the tenant in possession for rents.
issue and profits, it is essential to be
averred that the latter occupied the
premies upon an agreement with the
former as receiver or bailiff of his
share of the rents and profits. 1t is es-
sential to recovery that this circum-
stance exists
The rule under which resulting trusts
are created had it's origin in the natural
presumption that he who supplies the
money means the purchase to be for
his own benefit rather than that Of an
other, and it has been held that the
burden of proof rests upon the nominal
purchaser to show that the party
from whom the consideration moved
did not mean the purchase to be in
trust for himself, but a gift to the
stranger. But this presumption cannot
aid or produce the presumption that
the money was furnished by and be-
longed to the person claiming as cestui.
And the burden of proof on the whole
case rests on the one who seeks to es-
tablish a resulting trust to show by
clear evidence the necessary facts.
It is incumbent upon him who would
claim that trust exists in his favor
to establish the fact by clear, convinc-
ing and unambiguous testimony, the
presumption that the person in whose
name the legal title to land is vested
Is the absolute owner thereof is ont to
be overcome by surmise or conjecture,
or by any evidence that fails to afford
satisfactory proof of the fact to the
tribunal before which it Is presented.
If he would claim an interest pro tanto
according to the proportion Of the con-
sideration furnished by him, he must
show the precise amount paid by him
as we'll as the amount for which the
purchase was made, in order that the
court may determine the respective
rights of the parties in the property
purchased. The presumption Of owner
ship arising from the legal title will
not be overcome unless the interest OF
the claimant can be determined, and
the testimony presented in support OF
the equitable claim must clearly show
not only the existence of the trust, but
also the extent to which the property
is held in trust; otherwise the legal
title will prevail
The record-union., 1898-09-03

the shafts Had the men in the cart
been on the side Of Fifteenth street
where they belonged, there would have
been no accident.
Mr. Barwick says if the parties IN
the cart are gentlemen they will make
themselves known, and pay for the
damage resulting through their care
lessness in taking the wrong side of the
CT
The record-union., 1898-09-03
PLAZA CONCERT.
To-Morrow Nights Program by the
Forester Band.

The Foresters' Band, under the lead
ership Of George G. Holbrook, will pre-
sent the following choice program Of
music at the Plaza on Sunday evening,
from 7:30 to $50 o'clock:
March, 1.-The American Belle. r. B. Hall
Overture "Romantique". Keler-Bela
Waltzes, "Reminiscences" Ed. Kiessler
Potpourri, plantation Songs. Coates
IrtermeZZo-
(a) Smiles and Tears '......... .Voellxer
(b) Twilight Whispers. e. .Laurendeau Il
Selections, "Parisien Life" "..... .Ofenbach
Medley, THE Irish Fair" ........... Clark
Overture, "Strathmore" Bel net
Dance characteristique, Happy Lite
CoonS .....:.................. Quinn
March, "The White Navy. ....... Burton
The record-union., 1898-09-03
CARELESS DRIVING.
It Results In a Collision, but No
One Was Hurt.

On Thursday evening, about 1:30
O'Clock, Observer Barwick was driving
on the right side of Fifteenth street,
going from l. to K, and was collided
with by a cart containing two men
who were driving quite fast.
The shock to the phaeton occupied
by the Observer dented the metal rim
of the forward hub, bent the shaft
irons and broke the crossbar holding
The record-union., 1898-09-03

IN THE SUPERIOR COURT, STATE
of California. County of Sacramento
In the matter of the estate of FRAN
ZISKA LOFFLER, deceased.
Notice is hereby, given that ,50I FRIDAYa, Z,
O'Clock a. m. of said day, and the court
room of said court, at the Courthouse, in
the City of Sacramento, County of Sac
been appointed as the time and place for
proving the will of said FRANZISKA
|LOFFLER, deceased, and for hearing the
application of Henry Wuttke. and Mrs;
Dora Fuchs for the issuance to them or
letters testamentary thereon
Witness my hand and the seal of said
court, this I'd day of September 1898.
issa By = wschhorat M Deputy clerk. erSrA'
Indorsed: Filed September 2 1898.
w. B: HAMILTON, Clerk.
BY E. S. Wachhorst, Deputy.
Miller & Brown, Attorneys for Petit
tinnar Se2-10t
The record-union., 1898-09-03
Hotel Arrivals.

Arrivals at the Golden Eagle Hotel
yesterday: NJ. c.. Fish, New York; F.
A Kenny, Portland; J. NJ. Thomas and
wife, Columbus; A. B. Tenant, De-
troit: D. A. Arrasmith, Oakland; H.
Edwards and wife, A. G. Glenn, E. B.
Castlen, J. Hart, c. D. Steiger, L. w.
Leavitt, San Francisco.
The record-union., 1898-09-03
State Labor Day.

Monday next, the 5th, will be what is
known as State Labor Day, and there
fore legal holiday. The day is not
otherwise observed, however, the Ma
tional Labor Day, in October, having
quite obscured it.
The record-union., 1898-09-03
CLOSE CALL.
A Boy Knocked Down by a Loco
motive.

Antoine BaZoni, boy about - years
Of age, was struck by a switch engine
at Twelfth and B streets last evening
and severely though not seriously
bruised and shaken up. Antoine was
standing on the track, and did not see
the engine approaching until too late
to get out of the way.
The boy was taken to the Railroad
Hospital. near by, where his injuries
were attended to. He was subsequent
ly removed to- his home at Fourth and
o streets,
The record-union., 1898-09-03
Out for the Assembly.

P. A. Byrne, one Of the regular
wheel horses of the local Democracy,
informed a "Record-Union" reporter
last night that he will be in the field
as an independent candidate for the
Assembly in the Twentieth District.
Pete" declares he is in earnest about
The record-union., 1898-09-03
Unusual.

John Doe-He bought gold brick
when he was in the city
Richard Roe-That's nothing. Other
men have done the same thing.
But this brick was really gold and
worth all he paid for It,"
The record-union., 1898-09-03
Sundays Wheel Races.

In addition to the Anchell- Millzner
bicycle race on Sunday there will be
another one-nile dash between Con
Conrad, Chris Grze and Dick Israel.
The same gentlemen will officiate as
judges, etc, as in the other race.
The record-union., 1898-09-03
st. Joseph's Academy.

The school at st. Joseph's Convent,
under the management Of the Sisters
of Mercy, will reopen next Monday
morning. the 9th instant.
The record-union., 1898-09-03
SUPREME COURT DECISIONS.
IS. F., No. 563-In Bank-Ffled Angus
80, 1889

80, 1889
Daniel Meyer. respondent; John H.
Hegler and M. NJ. Johnson, defend
ants; John H. Hegler, appellant. Re-
versed, Harrison, Mcfarland and Van
Fleet, J. j., dissenting.
The holder of a note who indorses' it
and procures it to be discounted always
receives and is entitled to receive the
value Of the note and to use the pro-
ceeds in his business, but he does not
for that reason become directly and
Internationally indebted to his in
dorsee
The record-union., 1898-09-03

Profanity is forbidden by both the
army and the navy regulations Of the
United States.
The record-union., 1898-09-03
SPECIAL NOTICES.
NEW TODAY.

NOTICE TO cREDIToRs.-EsTATE
of FRANK RIDER, deceased. Notice
executors Of the estate Of Frank Rider,
deceased to the creditors of, and all per-
sons having claims against the said de-
ceased to exhibit them, with the neces-
sary vouchers, within ten months after
the first publication of this notice, to the
said executors, a the office of Hol q
Dunn. Attorneys No. 610 K street, Sacra-
mento City, California, the same being
heir place for the transaction of business
of the said estate in the said city and
county Of Sacramento, State of California.
WILLIAM RIDER,
CHARLES RIDER,
Executors Of the estate of Frank Rider,
deceased.
Dated September 2, 1898.
Holl & Dunn, Attorneys for Executors.
se3-5tSa
The record-union., 1898-09-03
ST. JOSEPH'S CONVENT.

SCHOOL WILL REOPEN MONDAY
MORNING. September 5th Sunday
school on Sunday September 4th. - se3-2t
The record-union., 1898-09-03

A-For morning. P-For afternoon.
SUNDAY excepted. MONDAY excepted.
T. III. GOODMAN. Gen. Pas. Agent.
THE LOW RATE EAST-PHuIJPS-
Judson Excursion is the only excursion
having the low rate east of Chicago. The
great scenic route. Through managers to
Boston. A visit is made to Niagara Falls
No additional expense for ticket Get
the best. 1s Montgomery street. San
Francisco or apply to c. J. Ellis. Agent
Southern Pacific Company. Sacramento.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-01-10
GREATEST GUN IN THE WORLD.
VIII Weigh 1876 Tons and Throw a r.
6OO-POund Shot Sixteen Miles.

NEW YORK, JAN 9. - Unless some un-
foreseen accident occurs, the largest can
non in the world will be in the possession
of the United States government by March
15 Advices received at the Army building
this forenoon from the Bethlehem Pa,
iron works were to the effect that this
great weapon is to be completed by that
time. The gun is five feet longer and six
tons heavier that the gun exhibited by
Krupp, of Germany, at the Columbian expo
sition, hitherto considered the heaviest
piece of ordnance manufactured The
American gun is to weigh 126 tons and be
forty-nine feet in length. In a vertical
line through its breech the gun will be six
feet in diameter When completed the gun
is to be part of the new system of fortifi-
cations to protect Greater New York, being
located on Romer shoals in the lower bay.
The makers have been at work upon 1t
more than a year. They are sanguine that
there is no vessel afioat that can stand one
shot from the gun. They are probably right,
When IL is considered that the concaI shot
as large as the body OF a man and five feet
SIX inches in length, is to weigh more
than 2,5VO pounds and is to strike with a
velocity of 1879 feet a second. Besides the
damage to the ship itself every man within
hfteen yards of the spot where the shot
strikes would be killed outright by the
shock The gun is to be of sxteen-inch
Sai4pSI anu dbOuI 1,VUV POUNDS powder Will
be necessary to send the steel projectile over
its computed range of sixteen miles, The
longest known range ever attained was that
of sixty-seVen-ton gun, which threw a
observation-disclosures projectile twelve
miles
Secretary Alger has engineers at work
on plans for powerful turret in which
the gun is to be housed. This turret is
TO be of the best Harveyized steel plates
nearly two feet thick. Behind this outer
armor there is to be a steel backing and
more armor, bringing the total thickness up
to more than three feet. No vessel could
carry turret of this thickness as the
weight would capsiZe any battle ship ahoat
The turret is to be forty-fve or fifty feet in
diameter. The turret foundation of granite
and steel is to be sunk through the sand on
Romer shoals to the gness rock that under
lies 1t. 1t is TO stand twenty-five feet above
the surface of the bay at high water. The
roof is to be egg-shaped, so that rain of
projectileS from q hostile fleet would glance
from it. Torpedoes are to be guarded
against by series of underwater barricades
The gun range is to command all the chan
nes of the harbor, and, supplemented by
twenty ten and twelve-inch rifles at Fort
Hamilton, fifteen more at Fort Wadsworth
forty rifled mortars at Plum island and
twenty mortars and twenty-five guns at
Sandy Hook, it is likely TO give any unwel-
come visitor that tries to get into The harbor
a reception that will become historical.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-01-10
PERISHED IN A MINE.
Bodies of Three Diggers Taken from
a Kansas Coal Pit.

PITTSBURG Kan. Jan. 9.--The bodies of
John Posing, Charles Winters and Antoine
Weinberger the miners who it was last
night thought were alive in the Mount Car
mel Coal Company's mine, were brought up
at noon to-day. Neither Weinberger nor
Winters showed any signs of having suf-
ferred any violence and it is believed they
were smothered to death Posing was hor-
ribly burned and was almost unreeogniz-
able. James Zimmerman, who was last
night reported as among the rescued, was
the last man taken out to-day. Although
badly burned. ne will recover. Posing was
twenty-nine years old and leaves a wife and
three children; Winters, who was twenty
five years old, was the sole support of aged
parents; Weinberger was single The bod
les We're removed to the company's store
An inquest was held. but adjourned till to-
morrow.
The mine is badly damaged. Although the
cause of the explosion has not been de-
termined, it is believed to have resulted
from dust created by one of the shot tirers
No. is the largest shaft OF the Mount Car
mel Company and this winter it had been
worked by three shifts. aggregating 500
miners.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-01-10
SIX DEAD, TWO DYING.
Result of the Explosion Of the Tow
boat Percy Kelsey's Boilers.

PITTSBURG, Jan. Six lives were lost
by the explosion of the towboat Percy
Kelseys boilers Saturday. The list of dead
now is: Daniel Gamble, cook; Milton L.
Wood, pilot; Thomas Flynn, second en-
gineer; Lee Webster, fireman; John Smith,
deck hand, body not recovered; Lee Bech-
told, fireman body not recovered. The
eight men who were injured in the explo-
sion will all recover with the exception Of
Harry Hamlers and William Alexander,
whose wounds will probably result fatally
The wreck lying In the river at Glenheid
caused the towboat Hornet, with tow be-
longing to James Jones x Sons, to lose four
loaded barges and boat early this morn
ing. The channel is always narrow Just at
Glenfield, and the kelsey's hull made it
more difficult than ever 20 pass The corner
of the tow hit the afterpart of the wreck
and four barges and a coalboat were sunk
The Hornet was on her way TO Cincinnati
in charge of Captain Henry Doud Other
boats that were ready TO start out tonight
did not venture down on account of the
obstruction. The packets coming up from
the lower river about midnight also had
little trouble
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-01-10
A MURDER CONFESSED.
George Manchanda Tells How His
Communion KILLED james PITTS.

Companion KILLED James Pitts.
NEW YORK. Jan 9.-George Manchanda,
who is now in Jail at Elizabeth, n. j., de-
tanned as a witness against Louis Rosel,
who is in the same Jail charged with as
saulting Mary Davis, and on suspicion OF
numbering James Pitts at Summit, n. j..
on the night of Sept. 9. has made full
confession which bears out the authorities
in arresting the men.
James c. Pitts was a wealthy farmer liv-
ing outside the village alone, except for
Mary Davis, an old colored woman, his
housekeeper. On the night OF Sept. Mrs.
Davis staggered to the house of a neighbor.
She was covered with blood. which flowed
from a deep cash in her head An alarm
was given and several neighbors were soon
at Mr.. PittS's house. They found the old
man lying on the floor, dead. His skull was
crushed in and he had been beaten until
his head was almost a jelly Mrs. Davis
recovered consciousness after time. She
said she lay down after tea a sofa in
the kitchen and fell asleep. She last saw
Mr.. Pitts sitting on a chair in the same
knew she started up to find two men in
the room beside her employer, who had Just
fallen to the floor. One of the men had a
big club and aimed blow at her head AS
she ran for the door she was struck several
times. She managed to reach the neigh
bors house. For several days it was
lHOuSlI hIS. DdVlS must also ole, but she
has recovered and will be able to testify.
After long search Louis Resell, one of
the men suspected, was arrested on Staten
island. The second, George Manchanda
was arrested on farm in New Jersey. He
has made a sworn confession, stating that
on Sept. he and Resell left New York
shortly after o'clock. They alighted be-
fore the train reached Summit and went to
the farm after dark. They entered the kit
chen Resell had armed himself With a
heavy gambrel and with this he struck
Pitts on the head. He then turned TO strike
Mrs Davis, but she got away and her
screams frightened them so they ran away
instead of following her They ran and
walked to Maplewood, where they caught
q trolley car and eventually reached New
-
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-01-10
THROUGH A BRIDGE.
Day Coach OF an Alabama Passenger
Train Drops Fifteen Feet.

MONTGOMERY, Ala, Jan. g. - At /
o'clock this afternoon a day coach in west
bound train No. SO Of the Western of Ala
bama Railroad, went through the Cuba
hatchie bridge, twenty-one miles east of
Montgomery, falling a distance of fifteen
feet. Conductor Law and Flagman Pope
were seriously injured and eighteen passen-
gers received bruises or other injuries none
OF which is serious. Among the injured
We're: G. b. Woodson. OF Louisville Va
slight bruises; George Howard. of Balti-
more, Nd, arm and knee hurt. The OFF,
cials Of the road feel no blame can be at
tached to the company as the bridge was
rebuilt in January, 1881
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-01-10
WAGON WHEAT. 01S
ACME MILLING CO.,
Old 352 West Washington st.

forms, and long before the existing meth
DDS find any trace. The physicians present
ing argued that if the disease can be To-
Gated in its earliest stages. the chances of
ultimtae cure are vastly improved. In its
normal state the lung is not pictured by the
Roentgen rays. but when attacked by tuber-
culn the diseased portions are shown the
same as bone, or any impenetrable object
The stages of the disease, as exhibited by
the tests on the five patients, were shown
by the varying density of the shadows cast
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-01-10
PREFERENCES IN FAILURES.
Decision of Importance to Lawyers
and business Men Generally.

MILWAUKEE Jan. 9.-An important de-
ciston has been rendered by Judge Ludwig
in the case of the Southern National Bank
of New York against the garnishers of H.
S. Mack, which affirms the validity Of all
the preferences to the amount of 100000.
made by II. s. Mack at the time of his
failure. excluding all creditors who have
no preferences from their share in the as
sets. This decision is matter Of great in
terest to lawyers and will attract much at
tention among merchants, in that it places
new construction on so-called preferences
In business failures. II. S. Mack & Co.
consisting only of Herman S. Mack, failed
in December, 1894. Mack transferred his
stock to several preferred creditors, who in
turn were sued by the Southern National
Bank. The decision rules that no creditors
OF Mr. Mack are entitled to anything except
those to whom he conveyed stock
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-01-10
Wntchmnn Murdered.

MIDDLETOWN, N. Y, Jan. 9.-Frank
Beckwith, a watchman in the employ of the
Ontario & Western Railroad, while in the
performance of his duties last night no.
ticed man acting suspiciously in the
freight yards. He grasped the man about
the arms from behind, but he broke loose
and Immediately drawing a revolver, shot
Beckwith twice through the lungs. Beck
with died to-day. The murderer was Ed
ward Simpson, a former inmate Of the FL
mira Reformatory, out on parole. He had
no sooner committed the act than he be-
came penient and told the whole story to
the persons who came up to him at the
sound of the revolver Simpson helped to
carry the wounded man to his home.
The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-01-10
FOR EXAMINING LUNGS.
x Rays Said TO BE Invaluable I'm dag
nOsing Consumption.

NEW YORK. Jan. 9.-what is claimed TO
be an important discovery in the battle of
science against tuberculosis was demon
strated before the Orange Mountain Medi-
cai Society at Brick Church. N. ]. Many
eminent New York specialists in lung dis
eases we're present DR.. J. Edward Stub
bert. the specialist in charge OF the Loomis
Sanatorium for Consumptlves at Liberty, n.
Y. made the demonstration. For several
months he has employed the Roentgen rays
for the purpose of examining the lungs of
the sufferers at the sanatorium. He as
serts that the Roentgen rays show the
presence Of the disease in it's most incipient