davidaulloa/AmericanStories huggingface dataset:
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-11-21
ARGUMENT FOR LAMB
In the Burns Will Case.

Judge w. M. Coldwell commenced
his argument in the Burns will case at
9 o'clock this morning. He had pro.
vided himself with q large number OF
law books which were placed on the
table in front of him and from these
volumes he frequently read extracts
in support of his contention.
He produced many authorities to
prove that oral declarations were
perfectly admissible to show that
Burns, long after the making OF the
alleged Patterson will, of July "a,
1897, had no idea Of having w1lled his
property to anyone but Lamp ana
Lambs daughters and had no knowl-
edge whatever of the existence OF the
Patterson will or any other.
Attorney Coldwell was several times
interrupted by the court to exPound
fine points of law and he was found
equal to the occasion.
After Attorney Coldwell had read
considerable law aud argued Tor q time
he was interrupted by Judge Walthall
who asked: nae.
s'Suppose q certain party was pos
sessed of q sound mind and dtsposinR
memory, as has been proved to be q
fact in Burns's case. what effect would
that have on the will of July "a, 1872"
Coldwell: We do not deny that
Burns had sufficient mind to make the
will but we brought in the declarations
of many witnesses to show that he had
no knowledge of having made 1t, long
after it was made. We admit that
Burns was of the same mind and me
mory when he wrote the first will In
favor of the heirs but we contend that
he had no knowledge OF the existence
OF any will in favor of Patterson. We
introduced declarations to show that
Burns thought he had made no will in
favor of Patterson, and the condition
OF his mind in regard to 1t long after
July "a, 1897.
did not Patterson and Wallace
stand in q position to abuse the conf
dence of Burns? Was not Patterson
his attorney and Wallace his amanuen-
sis? The same typewriter wrote both
Wills"
At this juncture Judge Walthsll
due influence to get Burns to come up
and sign, what would be the effect on
the will?"
Coldwell:-"It would be wrong and
the will would be invalid"
Walthall:-'If Burns was still in
possession of all his mental facul-
ties?'
Coldwell:-"If he was as sound as a
dollar; if he possessed as much sense as
most famous decision, the will would
have been invalid. The decisions are
more numerous on that point than on
any other"
Attorney Coldwell read from Pome
roy on the relations of attorney and
client as effecting the validity of wills
in favor of the attorney. my oppo-
nents claim" said the speaker, "that
the will was likely genuine because
Patterson had vast opportunities for
influencing Burns and great power
over him. On such arguments as this
the words of Pomeroy fall like the AK
OF the guillotine upon the neck of the
criminal. But if they had shown that
Burns's heart as we'll as his hand con-
veyed the property to Patterson then
the will would be valid. They have
shown neither.
"a will must not be a mere physical
act but a mental or spiritual act.
"Even the S20O,given to Lamb in tina,
will was not the free gift of Burns
they swore that. Wallace gave il
that he might deprive the heirs OF
$1,000. l contend that Wallace and
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-11-21
The Latest Thing

In beautifiers is the La Marguerite
powder. Each box of powder contains
q email box of the very newest thing
in rouge for the cheeks. It is perfec-
ton. Try it. Price Soc. at Albers's
drug store,
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-11-21
Nothing In 1t.

Pat Garrett was seen going in the
direction of the E. p. & N. E. depot
this morning and the rumor at once
started that he was going after Oliver
Lee. The train pulled out but Garrett
did not go and that settles the rumor.
Deputy Sheriff Meadows went north
but he was returning, after taking some
prisoners to Las Cruces from the up
per country.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-11-21
TEXAS VS.. NEW MEXICO.

Championship Baseball Game, Ell Paso
vs.. AlamOgOrdO, at AIamOgOrdO,
Thanksgiving.
The Ell Paso & Northeastern will
run a special train, leaving Ell Paso at
O'Clock q. m, November "a, 1898, to
allow the Texans to go and "whoOp it
up' for their team. Grand ball in the
evening under the auspices of both
clubs. Good floor. Good music. Come
along and bring your girl. Train will
leave Alamogordo for Ell Paso immedi-
ately after the ball. Fare for round
trip. 50.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-11-21
Ladies'.

We have just received from Berlin a
new line of Wooden Dress Goods and
suitings, the novelties of the season,
which we will sell cheap on account OF
closing out the business. Come and
avail yourself of the opportunities. J.
GOODMAN, Port of Liverpool store, G.
Tuarez
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-11-21

Proposals for fresh beef and mutton
contracts for Forts Bliss, Brown Clark,
Mcintosh, Point, Ringgold, Sam Hous
ton, and camps at Corpus Christi,
Eagle Pass, and other points are ad-
vertised in today's HERALD. The con-
tracts are for six months and bids will
be opened December 10.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-11-21
Another Will Contest.

You are named as an heir. BY the
terms of the will you can get lap robes
and horse blankets at West Texas Sad
dlery Co. cheaper than any place in
the city but you call az corner Oregon
and Owe rland streets before they are
all sold.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-11-21
For Over Fifty Years.

Mrs. Winslow's Soothing Syrup has
peen used for children teething It
soothes the child, softens the gums
allays all pain, cures wind collie and is
the remedy best for diarrhoea
Twenty-Five cents bottle.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-11-21

Attend the closing out sale of the
Port of Liverpool store in G. Jmarez,
and save money. Goods going at great
ly reduced prices.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-11-21

Ladies' of the Baptist church will
have their usual cake sale at Nations's
market, Wednesday, Nov. %. Orders
taken Saturday and Monday at Spring
er's store, Mrs. DR.. Turner's, and at
Murr6V's store
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-11-21
Resident Milliners.

For the latest styles in Fall MILL
merry call on Miss 8. A. Carr & Co.,
next to Slack's grocery. Remodeling
q speciality. All work guaranteed.
Give us call.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-11-21
Now

We have q full line of genuine
Ebony, silver mounted Toilet Goods of
the finest make.
GEO. w. HICKOX & HIXSON,
Ill San Antonio St., The Jewellers.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-11-21

Two new modern dwellings nearing
completion in good location to be sold
when completed. Inquire of A. M.
LOOMS, los Mesa Ave.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-11-21

gard for their regulations.
'It's this polluted money they crave;
this money wrung from prostitutes.
"Where are the members of the bar
his comrades of the professionalism
they didn't get on that stand and say
that Wallace was worthy of belief on
oath? Lawyers are clannish. They
to be traduced. They would have
flocked to his rescue. By their silence
they condemn.
''By their silence they have admit
ted that they had no confidence in his
evidence and yet these lawyers ask
your honor to believe it.
"There is no law that says Judge
must believe as Judge what he dis
believes as q man."
Judge Walthall here said: "Suppose
Burns did execute this Patterson will,
because of his Indebtedness to Patter-
son and because Patterson was press
ing him for money, with the idea that
the second will would be defeated by the
first, Is it necessary to believe that
this second will was forged and that
these witnesses perjured themselves, If
Patterson will and executed 1t with
that intention?"
81 have two arrows in my shaft, " re-
pied the speaker. "One contention ie
that this will was the result of fraud
and the other that 1t resulted from
Burns's ignorance. Admitting that
everything Wallace and Van Pat
ten and Patterson said is true as holy
writ, then we have Patterson with the
power to ruin Burns If he did not sign
the will"
After the conclusion of the argu-
meut at noon Judge Coldwell received
the congratulation of those present for
making an able speech. Attorney Stan
ton speaks this afternoon.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-11-21

A photograph of oneself is always an
accepta BILE Christmas gift. "Bushong
and Feldman" should be on the card.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-11-21
GET OUT YOUR GUNS"
The Ell PasO & Northeastern BY Will
Run Quail Train.''

Leaving Ell Paso at 500 q. M,
Thanksgiving morning. November "a
1898, will stop at any place along the
line tc let hunters of. Quail are
plentiful. Trains arriving at Ell Paso
at $50 in the evening will stop to pick
the hunters up. Fare to any point
within forty miles.$1; over forty miles,
81, round trip. No extra charge for
quail. Everybody eat quail.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1898-11-21
AFTERNOON SESSION.

M. w. Stanton commenced his arRu-
ment at o'clock in favor of COntestee
Patterson. He opened by reading
considerable law and briefly comment
ing thereon. His speech closes the
contest and the next thing in order is
for Judge Walthall to render his de-
cisiOn.
Barre evening telegram. (Barre, Vt.) 1898-19??, 1898-06-04
TIE CLIO CLUB.
MISS EDNA PERRY GAVE THEM A

MISS EDNA PERRY GAVE THEM A
BANQUET LAST EVENING.
Miss Edna Perry gave banquet to
the Clio club at her home on Elm
street last evening, at $50, in honor
of the annual meeting of the club. The
rooms were darkencd and then lighted
with lamps and three candalabra, con-
tanning II wax candles. The table
and rooms were very tastefully deco
rated with palms, ferns and flowers, a
large decoration of ferns and pansies
at one end of the dining-room being
quite noticeable, while two flags on the
wall at the other end of the room in
dictated the prevailing love for patriotic
decorations. Altogether it was a very
pretty effect. l6 covers were laid and
all the members were present with
one exception.
The banquet was presided over by
Miss Perry, hostess, and Miss Abbey,
president of the club The menu in
cluded hot rolls, cream rolls, cold
tongue, salads, olives, jellies, straw
berry ice cream, all kinds of cakes,
and chocolate.
After the banquet u short literary
and musical program was given, con-
sisting of two readings by Miss Page,
song by Miss Mathicson, and piano
solo by Miss Hopkins. Then a flash
light picture was taken after which the
club sang college songs.
The annual election of officers was
held and the new board is as follows /:
President, Miss Pape; vice president,
Miss Perry secretary, Miss Wetmore
treasurer, Miss Hanson; committee on
program for the coming year, Miss
Mathieson, chairman, Miss Booker and
Miss Wishart
The club has just received new pins
which have "Clio' engraved on them.
The favors which We're laid beside
each plate were decorated on the cover
like the pins. Before leaving, each
member inscribed her autograph in
each favor.
The Clio club was organized about
Is months ago and is composed of the
following young ladies: Misses Pape,
Page, Booker, Williamson, Hanson,
Hopkins, Mabel Hopkins,
Eastman, Darling, Mathieson,
Wetmore, Abbey, Boyce and Perry.
They meet once in two weeks. 1t is
a literary club and American literature
has been the topic of the past year.
Barre evening telegram. (Barre, Vt.) 1898-19??, 1898-06-04

been taken for the puppets OF u re- "i".
..punch and Judy" show "o"'' "o
not Mr.. Inspector be in much oe''ef
condition if the old town system OF gov,
eminent was restored, which wo"'"
rive the voters the right to decide these
o,ost;ons for themselves? Come no"
Mr. Inspector of the club you have seen
fit to call loafers, crokers are engaged
in censuring the council for this uncalleo
for and unexpected action IN m"N'"s
such conditional bid, you shoulo ~
least LET them alone, for they at least are
more loyal and patriotic to the cry '',"'
YOU who pass them bye. Wen Mr. III
spector why do you not advance some
excuse for the city council buying the
wafer works before a price was fixed on
tbomp You cannot? | am now posi-
tive from your contortionist answers IN
tbe TELEGRAM last night that you are a
member of the "Ring" which have run
orr local affairs both city, village and
town for a hundred years. am not Il
resident of very long duration in Barre
7 am in no sense of the word lover OF
the Green Mountain State, but was
told long before the State became my
local residence of the tradition which is
told regarding the name OF this OLD
town. and | Judge if such men as you
Mr.. Inspector are to continue to denounce
every honest man who dares express an
opinion regarding local affairs than it
NAV be necessary to resort to the same
tactics used when the old town became
Barre. When this becomes the method
it would be a good plan to commence
with the Inspector, and other wise men
who try to point out the "straight and
narrow path in which all our people
should walk. When the Referee calls
"Ready" the Inspector will have occa-
sion to remember the follower OF Greedy
who now rests at the desk of
THE CRITIC.
Barre evening telegram. (Barre, Vt.) 1898-19??, 1898-06-04
COUNTY CONVENTION.
WILL BE HELD IN MONTPELIER ON
JUNE so.

The Republican committee of Wash
ington county held q mectin" yesterday
afternoon in Montpelier in the county
clerk $ Office and decided to hold the
convention on June 80 in Montpelier.
Those who attended the meeting were
nr. {. +. Camp of Barre. c. NJ Ladd
of Worcester, +. w. llmtly of Dux-
bury, Judge Mears of Marshticld, CIV.
Richardson of Waitslicld and j. M,
Fisher of Cabot.
The number of delegate. allowed each
city and town in the county at the con-
Vcntion are as follows
Barre city II, Barre town Z, Berlin 7,
Cabot Z, Calais Z, Duxbrlry ). East
Montpelier I, Fay ston ,, Marshfeld I,
MiddleseN 7, Montpelier 10, Morctown
>, Mortified II, Plainlicld ., Roxbury
., Waitsield I, Waterbury II, Warren
I, Woodbury. ), Worcester 5.
Two candidates for state senator, two
for associate judges states attorney,
sheriff. high bailiff. judwc of probate
aud county commissioners will be NOM
mated at this convention
Barre evening telegram. (Barre, Vt.) 1898-19??, 1898-06-04
EAST BARRE.

The East Barre Baptist society has
invited Evangelist j. II. Lingley of
Worcester, Mass, to remain there for
the summer at least, and he has con.
scented to do so. Mr.. Linglcy is man
of conservation, earncstness and eXpc-
ricnce. He has been very successful
as an evangelist under the auspices of
the Worcester County Christian En-
dcavor Union. In many places where
he has laborcd, the community has
been revolutionizcd and the church
made more effective than ever before.
The Baptist society is to be congratu-
lated on securing such man.
Tomorrow's services in Partridge's
hall are as follows: Sunday school at
2. p. ~, preaching at 3, evening serv-
ice at $50, subject, "Kadcsh-barnea".
Hereafter the services will be at II
n. M, Sunday school at -, and even
ing service at 1850.
Barre evening telegram. (Barre, Vt.) 1898-19??, 1898-06-04
From the Critics Desk,

In no way satisfied with the faint weak
and wandering replies to my fair and
honest questions, hesitate before dar-
ing to ask this bold farbricator for anv
more replies. For where | had every
reason 10 expect the truth have only
been furnished with the false. Such
men are not worthy of answer and for
that reason | shall not at this time carry
my previous questions further but will
present some more for this "Great De-
tective-likc literary rascal. Why do
you not Mr. Inspector censure the city
council for allowing the city to lose the
fine opportunity for leasing room in
the new city hall building for post
ofliccP Is it not the most handy place
in the city, Would not vote of the
city today show that large majority of
our citizens desire the postoflice to be
placed in the new city hall building?
Why should we allow few men to die
tate our affairs in much way that the
city finds itself to be with any income
from the government building except
what can be divided from the unholv
amusement house in the upper storyp
VIII you kindly inform us Mr.. Inspec-
tor OF what benefit the city government
Is or ever has been to this cityp A few
men have been allowed to run our affairs
10 suit themselves while the pnblic have
Barre evening telegram. (Barre, Vt.) 1898-19??, 1898-06-04
TO LAY 1900 FEET.

superintendent George A. Murch met
the street commissioners last evening
and asked that he be given permission
to lay the remaining 1 300 feet of track
near the Berlin side.
The commissioners objected at first
as they were afraid that if he was given
permission to lay the 800 feet, he
might leave the city in the lurch with
out grading the side of the highway and
fulfilling the contract.
Mr.. Murch promised to carry out
The agreement and he was given per-
mission to lay 300 feet, thus leaving
100 feet. Before he can lay the re-
naming 100 feet nc will have to grade
the highway. The work will commence
today.
Barre evening telegram. (Barre, Vt.) 1898-19??, 1898-06-04
A BAD SMA SIT UP.

Edwin Farnham who works on Geo
VIII caton's quarry came to the city last
night and hitched his horse, which is a
3 year old colt in depot square. The
horse broke loose and started for North
Barre at full speed. In rounding the
first corner the buggy collided with an
electric light pole and one wheel was
lett behind to tell the sad story of de-
parture. The horse continued his joum-
ely uninterrupted until he suddenly
brought upon the doorstep of William
Nc Keoin in Durkec place. The buggy
was distributed thoroughly along the
whole route.
Barre evening telegram. (Barre, Vt.) 1898-19??, 1898-06-04
BAPTIST CHURCH.

Rev. W. A. Dawson of Montpelier
will occupy the pulpit tomorrow morn
ing in exchange with the pastor. In
the evening at O'Clock Mr.. Fuller
will deliver missionary lecture on
"Burma", which will be illustrated by
65 beautifully colored views by means
of powerful stereopticon. These
views are pictures of places, people,
superstitions and incidents of mission
airy life among the Burmans. The c.
+. prayer-mceting will be held at $40
instead of 6.l5. The other services as
usual.
Barre evening telegram. (Barre, Vt.) 1898-19??, 1898-06-04
METHODIST CHURCH.

At Hedding NJ. +. church the pastor
will speak morning and evening on
these two themes, 1.-The Pre-eminence
of Christi, and 'The Talking Book. A."
The hours of service in the afternoon
have been changed to accommodate the
hour of holding the evening service,
which will be uniformly Z o'clock in
all the churches. Hereafter, the Jun
ior league will meet at o'clock, the
intermediate league at 4.45, and the
Senior league at 5.45.
Barre evening telegram. (Barre, Vt.) 1898-19??, 1898-06-04
ELECTED DELEGATES,

a business meeting of the Epwortl
League of the Methodist church was
held last evening and delegates were
appointed to the annual State Conven
ton of Epworlh Leagues in Burlington
june 2lst. Delegates elected are Rev
and Mrs. A. +. Awater, Miss Mabe
Gale, Mrs. w. ii. Petre, Miss Elizabeth
Hanson. Mrs. j. w. Vaughn, Mrs. L
Nj. Lyon, Mrs Williams, and Mrs. Bach
elder. a social was held after the bust
ness meeting.
Barre evening telegram. (Barre, Vt.) 1898-19??, 1898-06-04
COMMISSIONERS APPOINTED

In the county court yesterday after
noon Il. j. Dcavitt of Montpelier, Joel
Foster of Montpelier and II. ii. Lance
were agreed upon between the city of
Barre and the representatives of the
Barre Water company as commissioners
TO appraise the water plant.
1t is not known when they will COM
mcncc their work but probably the LIST
of july.
Barre evening telegram. (Barre, Vt.) 1898-19??, 1898-06-04
Waste Basket Mistakes.
BY TIE OFFICE KID.

The office cat has started out to in
spect the track of the electric railroad
company so that the city council may
be satisfied with the work of the con-
tractors and the contract with the city
executed.
Some of our professional gentlemen
will know better than to fish on u Will
Jamestown posted brook in the future.
Goddard Seminary is well represent
ed ut the front. Foster of the regular
army and Badger of the volm-
teer militia are the two captains who
have read their lessons at Goddard
Perhaps there they learned chow to
Shoot,
The local bicycle brigade are armed
for any attacks by Berlin Pond dogs.
Perhaps it will be a regular old-fash-
Toned victory. Our wheelmen know
how to "Dewey" it.
We would not wager any large sum
that the other base ball team which is
booked to play Goddard on Monday
will make their appearance. 1t would
be contrary to their usual custom.
When will our wires be buried .
just when our taxes are put where
they belong. Bury the high taxes be-
fore putting the wires underground.
The private line between certain Of
fees is reported to have been cut.
Another American victory. The Span
ish were badly routed.
Barre evening telegram. (Barre, Vt.) 1898-19??, 1898-06-04
COMING ONCE MORE.

Withcrell & Doud's Uncle loms
Cabin Co., which is greatly enlarSeo
this season, with almost an entirely new
company, larger band and orchestra ana
refitted throughout, will exhibit at barre
Thursday evening, June 8. Their s,iee'
parade, which by far excels anything
ever given by any dramatic company III Il,
this country, will take place, ~
11.3O. Their tents will be erected Oh
Batchelder's lot near the Catholic ch''lc'
Admission, 35 cents; children, 20 cents