davidaulloa/AmericanStories huggingface dataset:
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-21
THE DEMURRER
In the Case of Adolph Wetzssein VS.. the
Il g. M Was Given Il Hearing.
a rainy da


Il & NJ. Was Given "a Hearing.
The petition for the appointment Ct
a receiver in the case of Adolph Wetz-
stein against the Boston & Montana
Mining company, an action involving
the ownership of a fourth interest in
the Comanche lode claim, came up for
hearing before Judge Lindsay yester-
day afternoon. The defendant present.
the court decided to hear that first.
Wetzstein asks for the appointment
of a receiver for the property and for
an accounting, the receiver to take
charge of the mine pending his appeal
to the supreme court in his suit against
P. A. Largely and others, the predaceS-
sors in interest of the Boston & Mon
tana company, which was decided
against him a year or more ago in
the district court. The grounds of de-
murrer to the new complaint are that
there is another action pending be-
tween the same parties, and for the
same cause, and that the court has
no jurisdiction over the subject Of the
action, and also that the complaint
does not state facts sufficient to con-
stitute a cause of action.
W. H. Dewitt argued that an action
for the appointment of receiver and
for an accounting could not be main
tanned separately, as both were Incil-
liary to another action, and that in the
absence of an allegation that the de-
PENDANT was insolvent there was no
ground upon which to base an appli-
cation for the appointment of a receiv-
err He maintained that the cause of
action had been adjudicated in the
suit of Wetzstein against Largely ard
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-21
Father Tuck's Toy Books

At csc each, size 91Ax1s inches, 16
pages, seven full page illustrations in
colors, such titles as "Noah's Ark
A B c, Oranges" and Lemons
From A to g." "Fairyland,' "A B c."
etc.
At zoe each, size S1ax11 inches, IA
pages, five full page pictures in colors,
Heads and Tails, All Bahia and the
Forty Thieves" Beauty and the
Beast" etc.
At 15c. each, size SIKH inches, IL
pages, four full page pictures in colors,
"All Around the Year. Sweet sum
mer Time" wild Animals" 1.-THE
Sleeping Bee and others.
At 10c each, sixe 7X10 inches, IL pages,
two full page color illustrations, Mail
and Express "Doggy's Doings," The
Old Wowan Who Lived in Shoe" "All
Sorts A B c.
At sc each. size 61axS1a inches, eight
pages, four full page pictures in colors,
titles Three Little Kits" tom
Thumb" Nursery Rhymes" Robin
son Crusoe" and others.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-21

others, which had been decided against
the former.
Attorney Mediation, in reply to Mr..
Dewitt, argued that the same parties
were not in both cases, but whether
or not they were, it was imma tarial
He also said the same subject matter
was not involved in both cases. The
former suit was to establish trust,
and compel a conveyance of the inter-
ests claimed by the plaintiff, while the
second suit was for the appointment
of a receiver and for an accounting.
The arguments We're not ~omplated
when court adjourned and will be le-
sumed this morning.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-21

SOuHlS HSSlCldil SHG6TlH yesterday
filed a charge of insanity against Fred
erick Loeber in the district court.
Two appealed cases of a remarkable
character were tried in Judge Lind
says court yesterday. One was en-
titled Boyer VS.. McNab, and the other,
Vineyard against Esty. The first in
volved the sum of $3.50 and the second
the sum Of $3.50. Boyer sued McNab
in the justice court and lost He APP
pealed the case and it was tried before
jury. The money was claimed for
Lawyer Gilchrist who represented
McNab, has a housekeeper named Mrs.
Davis, and she testified that McNab
paid Boyer for the rent. She was ccr-
rohorated by another lady, who was in
the kitchen of McNabs when McNab
and saw him do 1t, also. Gilchrists
speech was good. He said that there
was a quarrel among the women, and
that when they fell out, Mrs. Boyer
tried to get Mrs. Davis ousted from
her job McNab paid his rent, but had
been sued out of spite. There vas
power behind the throne, woman at
the bottom Of the case. and Boyer was
en-pecked husband.
Il believe Boyer is a good, upright
man, though he did some careless
swearing. But he's a victim; he's a
christ.
Mr. Kirk defended Boyer, and in re-
ply said he had supposed Gilchrist was
single, but was beginning to think he
was married, such knowledge did his
speech display of marital affairs. The
jury found for Boyer for $3.50 and
costs.
In the other case. the defendant was
dismissed with his costs. The costs
amounted to about $50.
In the case of w. A. Clark and broth
er against Terrence Cassidy and Thos.
Rowen, the following judgment was
rendered in Judge Lindsay's court yes
terday: The case being dismissed as
to Rowen, and the plaintiffs proofs
being heard as to Cassidy and judg-
ment entered against the latter for
81 500 and interest at per cent from
September "a, 1898.
In the case of the city of Butte VS..
James Davidson ct al. an order signed
by Judge Clancy, giving the plaintiff
possession of the north 20 feet of lot
40 of block 81 of the city of Butte and
the improvements, upon paying over to
the defendants s1.050, the amount OF
the damages awarded by the commits
sioners in the case, was filed in the
district court yesterday.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-21

What sift would be as pleasing to,
your wife or daughter as an elegant
piano or organ? By our system of pay
ments everyone in moderate circum-
stances can own a fine piano. We have
pianos from $100 up. We have organs
from SIS up. Thirty-five cents per day
enables you to buy an elegant new
piano; II cents a day enables you to
buy the best organ we have in the house,
Call and see us. Montana Music CO.,
119 North Main street, Butte.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-21
rings, S. to $3.50.

Under the management of Nick
Jahreiss, Crystal Springs is now the
most popular health resort in the state.
1t offers relief from Butte smoke at
moderate rates-$2.50 per day, s14 per
week. including plunge and private
baths. Stages leave Langlois' and cor
ner Park and Main SITS. four times daily.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-21
What 80 Will Do,

$40 will pay for one years subscrip-
ton to the Anaconda Standard and
your choice of either one of two hand
some volumes-"From the Atlantic to
the Pacific or History of Spanish
American War" Call at any office of
the Standard or remit to the home
office at Anaconda.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-21
New Train to California.

Another cut in time via the Short
Line--Ogden route to all California
points.
Thirty hours, the quickest route to
Los Angeles; % hours, the quickest
route to San Francisco.
Only one change Of cars Butte to San
Francisco
Call or write us for excursion rates
and particulars.
City ticket office. No. 10 East Broad
way. Butte, Mont.
H. o. WILSON,
General Agent.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-21

$25 reward to any one proving that E.
f. Mayer, 40 West Park, does not put
in the best handspring made for 81.
Watch cleaning, $3.50.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-21

For the first time in Butte genuine
Copley & Durer Prints; now on exhibit
ton in Schatzlein's west show window.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-21

A man with $4,000 to invest in i'm
proved real estate. Must be bargain.
If you want to sell. call to-day. w.
H. Winters, 23 and "a Owsley block.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-21

All kinds of pianos and organs at all
kinds of prices; for sale by Orton Bros,
219 North Main street.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-21

m Diamonds are the best securl-
eLeIs ties. Make your Xmas gife a
~ diamond; it will be saving for
a rainy DAY.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-21

When looking for q useful Xmas
present, don't overlook those elegant
new Home cabinet machines sold by
Sherman, the undertaken, 125 East
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-21

Triplicate mirrors from $3.50 to SO at
Ca1lSinS'
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-21

White potatoes S1.20 hundred: onions
bread flour S5c. Cooks. 331 Sast Park.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-21

m Sterling silver brushes and
eLe2eS combs in case, SIS up.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-21

Ladies' red felt fur top slippers CSC.
at Tassells, % West Park.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-21

California Cafe is the best place to
eat in Butte
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-21

The contempt proceeding in the case
of j. H. Maloney ct al. against Silas
F. King ct al. was postponed to De-
cember IS: also other hearings on mo-
tons and orders in this case and in
the kindred case OF King ct al. against
Maloney ct al, involving the same. par
ties. Wakeman Sutten, the defendant
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-21
A Fine Drum Free RT7
% ;; :,: 81: III: .: 81; ''. 80

Boys Wool Sweaters
Good Serviceable Sweaters, all wool
and warm, colors white, red, navy,
royal blue and green, all sizes for 3 to
years inclusive; price $1.25 each.
Extra Heavy Weight Sweaters for
large boys, colors navy. tan and black,
aged from to Is years inclusive, warm,
serviceable garments. size 26 to "a
inches; price S1.00 each.
Boys Neckwear
A large assortment here in Windsors,
Windsor Bows, Tecks, Puffs, String
Ties, Band or Shield Bows and I'm
perials in plaids, stripes, polka dots,
checks, fancy designs and plain color
ings; prices Csc csc, SOC and 75c each.
Boys Handkerchiefs
or fine quality Japanese silk with fancy
border, 10 different styles and patterns
in the lot; price 25c each.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-21
in the contempt matter, pleaded guilty
yesterday morning.
The court adjourned to December rs.

County Physician Sheerin yesterday
filed a charge of insanity against Fred
erick Loeber in the district court.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-21

and called another member of the bar,
and the latter testified that 5000 was
a reasonable fee, and that sum was
included in the Judgment for the plain
az
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-07-26
Cream puffs on ice all summer at George
Scheider's bakery, % East Coal street. If


Mrs. Victor Ogier died yesterday at her
home in Pottsville, survived by a husband
and two small children.
Edward, 19-year-old son of Levi Mont
gomery. died yesterday at Pottsville, and
iuterment will be made tomorrow.
The funeral of Mary, wife Of the late John
d. Donahue took place this morning from
the family residence at 1O4 West Cherry
street. High mass was celebrated at the An
nunciation church and interment was made
in the parish cemetery. N. o'Neill was the
funeral director
The remains of Petronia Sabalesky, aged /
year and 10 months, and Mary Sabalesky,
aged years and months, were brought
here from Lost Creek No. 2 to-day and in
tered in the Lithuanian cemetery. The
children died Of diphtheria on Monday, last.
The remains of Edward Frenzel, a one
year-Old child, were brought from VIM. Penn
this afternoon and inferred in the Odd
Fellows cemetery.
Thomas Lean, for some years resident of
Ashland, died at his home in Somerville,
California, on Thursday last, after a brief
illness. Deceased was well known in this
town and lived in Ashland up to 1874 He
was brotber-in-law to Mrs. Henry Price
and Mrs. David Powell, of Ashland, and
WAS brother to the late Henry Loan.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-07-26
THE COAL TRADE.
The Scarcity of Cars Threaten a RestrIc-
tIon of the Output,

For the past six weeks the collieries in this
vicinity have been working Ave three quarter
days a week aud the employees around the
colieries have been exceedingly happy
This condition of affairs is again threatened
as the old enemy, bituminous coal, has once
more commenced to make trouble. While
the demand for anthracite is not decreasing
at tidewater points, neither is that for the
softer fuel, and the carrying companies are
not sufficiently equipped to successfully
handle both products. The consequence is
shortage Of cars on all roads.
While this condition of affairs is deplorable
to a certain extent it will not cause a great
deal of inconvenience as the railroad COM
panies are rushing the building Of the latest
improved cars which will enable them to
handle the products of the mines in a more
satisfactory manner than ever before.
Quoting the words Of a coal and iron
official, The prospects for a brisk fall aud
winter trade are growing brighter each day"
1t is not likely that the carrying companies
will let good paying business go by when car
builders can turn out the necessary cars to
haul the product
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-07-26

Recorder Emanuel Jenkyn to-day an
nounced the appointment of Mr.. Bert. c.
Hooks, Of town, to succeed George w.
KEEPER resigned, as transcribing clerk in his
Office. Mr.. Jenkyn was here yesterday look
ing over the field, and as a result the ap-
pointment as above was announced.
which was made to the HERALD by tele-
phone late this afternoon. There were
six candidates for the position, the names of
whom were published yesterday and each
had strong backing Mr.. Hooks will assume
his duties in day or two, and his appoint
ment will create vacancy on the corps Of
public school teachers His position in the
Recorders Office pays 5000 year.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-07-26
MISSING YOUTH RETURNS,
Paul sobizitskl Reaches His Home at
Trenton Exhausted.

Paul Sobizitski, the 17-year-old youth who
left his home at Trenton last Sunday to pick
huekleberries and failed to return, and for
whom a searching party of fifty mon made
an unsuccessful hunt on Monday, reached
his home last night at eight o'clock, in an
exhausted condition, after spending two days
and nights in the woods Yesterday morn
ing he found himself at Tomhickon, and
there secured directions for his homeward
journey. Another searching party was about
to start out from Trenton when the youth
returned.
Sabizitski says that while hunting berries
he was attacked by fits and became weak
ened by them that he was forced to lie in the
woods until yesterday morning. His faith
full Newfoundland dog, which accompanied
him home, remained on continuous guard
over him from Sunday until he was able to
get up and travel yesterday. The animal
then led the way to Tomhickon. Sobizitski
will recover from the effects of his trying
experience.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-07-26
COAL CARS
SMASHED.
Crash on the Lehigh Valley Railroad
Last Night
ONE BRAKEMAN WAS INJURED
A Train Parted While Descending the Noun.
tain Grade west Of Brownsville-T
Engineer Of the First Section
Forced 10 Stop and
Await the Crash.

A singular accident occurred on the Lehigh
Valley Railroad between eight aud nine
o'clock last night and it is remarkable that
no person was seriously injured.
The accident occurred on the western out
skirts Of the borough and was caused by the
breaking Of a coupling A long train Of coal
and freight cars was descending the
mountain grade from Raven Run, with
an engine in the lead and one at the
rear, when a coal car coupling about in the
middle of the train parted. The engineer of
the front section discovered what had
happened and sign iled the rear engineer, but
the speed and heavy grade made il impussi-
BILE for the latter to do anything other than
try to reduce the speed The engineer
of the front engine concluded that the best
plan to avoid crash on this dangerous
part of the line was to keep his section of
the train ahead until the reverse grade and
curve at KOhinoor Junction could be reached
and then allow the rear section TO gradually
draw up. He put on speed at point be-
tween the old Brownsville station and the
telegraph office and at Kohinoor junction he
was tagged, on account Of shifting of coal
cars being in progress at the latter point
Here the engineer found himself between
two fires. To ignore the signal meant q
crash into the shifting cars, to obey it meant
a crash at the rear. He decided to obey the
signal and stopped his section. A moment
or two later the second section came, and
then followed great crash in which about
fourteen small loaded cars were crushed into
a mass of chris. A brakeman was the only
one to suffer bodily injury. A leg and arm
were hurt, but not seriously.
The east and west tracks were covered with
the debris and all traffic was cut off, A
wreck train crew from Delano WAS sent to
the scene and at II o'clock the west bound
passenger train which should have left town
at 9:2S got through. The east bound track
was not cleared until 6:15 this morning,
great heap of wrecked cars marked the scene
| Of the accident to-day.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-07-26
REASONS FOR NEW TRIAL.
Counsel For Thomas brennan state why
He should Have Another Chance.

Counsel for Thomas Brennan. Of New
Philadelphia, convicted Of the murder Of
Harry Elliott, will on Monday agree for
new trial for their client. before Judge
Bechtel. They have already filed the follow
ing reasons,
1st. The learned court erred in forcing
the defendant TO trial at this term (Juno
sessonsl.
End. The court erred in not quashiug the
indictment
3rd The court erred in not sustaining the
defendants challenge for cause in the case Of
Juryman Amandus Zehner.
4th The court erred in allowing the
Commonwealth to stand aside tho jurymau,
VIM. W. Davis.
5th. Tho court erred in not quashing the
special panel
9th. The court erred in not directing the
Commonwealth to call as their witness
Edward Flanagan.
7th. The court erred in not allowing the
defense to ask their witnesses II Brennan
was not a man Of kind disposition.
sth. The court erred in allowing the
Commonwealth TO call back their witnesses
in rebuttal on the question Of the defend
ants intoxication.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-07-26
A COUNTERFEIT.
boy Arrested Last slight For Circulating
Spurious Coin.

Anthony Bslkawicz boy about 16 years
old and residing on West Raspberry alley,
was arrested last night for passing counter
felt half dollar upon Barney Friedman. a
West Centre street storekeeper. Friedman
alleged that tho accused came into
his store at late hour and
purchased Eve cents worth Of apples,
rendering a supposed half dollar silver
coin in payment and receiving forty
five cents in change. 1t was subsequently
learned that the coin WAS a counterfeit and
Friedman hunted up Balkawcz. The latter
declared that the coin he had given was
genuine one The arrest followed The
accused was put under 5000 bail. Chief Of
Police Murphy looks upon the case rs Of
more importance than the facts appear. He
says the secret service men have had this
town under surveillance for some time, as Il
is believed there are men in it responsible for
the large circulation Of counterfeit coin in
this region. The present case, he thinks.
may give clew by which some important
developments can be brought about
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-07-26

From Pottsyille Tribune.
Testimony in the bond issue controversy
was taken before Judge Marr until 5:45
o'clock last evening, when court adjourned
until next Monday morning. The court in
sists upon the presence Of John F. Finney, a
material witness in the case. Telephone
communication was opened with Mr., Finney
yesterday for the purpose of giving him
ample time to get here next Monday. Mr.
Finney stated that his cashier was dead and
that his presence at the sub-treasury was an
absolute necessity This, however, did not
satisfy the court and Mr.. Finney must b,
here to testifY.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-07-26

This evening there will be formal trans
fer by Mrs John Daddow Of a property on
North Jardin street TO the United Evangelical
church, the purchase price being So, 500 The
property adjoins the church on the south
side and will be transformed into parson-
age. Workmen have already started on the
Improvements. The front of the building
will be remodeled and porch added Sew
eral improvements will also be made to the
interior of the building.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-07-26
A New Telephone Company.
From MahanOy City Record.

FROM Mhhhnoy Clty hecoru.
For the past week there has been repre-
sentative of an independent telephone COM
pany in town enlisting the aid of prominent
people in the enterprise and the matter has
now assumed tangible shape. The telephone
service provided by this company, which has
several lines in operation in number Of the
adjoining counties, is said to be the very best,
and at price that is reasonably low. Those
who have been approached will subscribe for
stock in the new undertaking and give it
their hearty support. We have learned from
a source that is entirely trustworthy that the
new line is foregone conclusion.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-07-26

Mr.. and Mrs. John Higgins, of Tamaqus
have received a letter from their son, George.
stating that the latter is seriously i'll at the
government hospital at Key West. from
rheumatism and complication of diseases
The young man was on duty aboard the
Chicago" which has been cruising in
southern waters for the past six months.
His parents and friends are much worried
over his Illness
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-07-26
Deserted Intended Bride and Enlisted

Hazleton, Pa. July 26.-Miss Ger
trude Williams, of Sugar Loaf valley,
and Lloyd Naugle, of Seybertsville,
were to have been married Monday
night, but Naugle failed to put in an
appearance. Instead of getting mar
ried Naugle came to Hazleton, enlisted
at the local recruiting station and was
sent yesterday morning with a number
of other recruits to Camp Meade Maui
gle may be placed under military ar
rest and brought back.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-07-26
THE FELDSER FAILURE.
Law Suit to Follow the Sale of Household
Goods.

The household effects Of Samuel Feldser,
whose millinery business was yesterday sold
out at Sheriff's sale, were to-day sold by
Constable Taliesin Phillips under levy
made by NJ. H. Kehler for eight months
rent under the lease which will expire
next April. The claim amounted to $500. The
goods brought S. 65 and were bid in by Mr..
Kehler's attorney, S. G. NJ Hollopeter, Esq.
There were no opposing bidders. George j.
Wadlinger, Esq, was present and gave notice
that the goods did not belong to Mr.. Feldser,
but to his wife, and that they could not be
legally sold. Mr.. Wadlinger stated this
afternoon that Mrs. Feldser will institute a
suit for damages in trespass against Mr..
Kebler
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-07-26
Challenge Accepted.

The HERALD is authorized to state that the
challenge issued by Elias Hopkins, manager
of the VIM. Penn (lower patch) base ball
club is accepted by the VIM. Penn upper
patch base ball club, provided the game is
played for no less than S25 a side The
players on the latter team range from 16 to
1s years of age Communications should be
addressed to William Jones, VIM. Penn.
The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-07-26
His skull Crushed. /.

William ]. Corby, of st. Clair, was work
ing at the foot of the plane at the Herbine
cOlliery, and ON the mountain side above him
party of men were blasting rock. A piece
of rock assembled and came down on Corby's
head, crushing his skull. He died a few
hours after being removed to the Miners
hospital. Corby was popular young man,
and was a member of the National Guard.