davidaulloa/AmericanStories huggingface dataset:
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04
Notice to Creditors.

To the creditors Of christopher filings
north, decd.
In pursuance of a decree of the Cir
cult Court Of the county of Berkeley,
State of w. Va, made in q cause there
in pending, to subject the real estate of
the said christopher Allingsworth, to
the payment of his debts, you are re-
quired to present your claims against
the estate of the said Christopher ALL.
ingsworth. for adjudication, to W. B.
Colston, Commissioner in Chancery, at
his Office in the Flick building in Mart
insburg. W. Va, on or before the sd
DAY of March. 1899.
Witness, Z. D. Gerhardt, Clerk OF
The said Court this It'll dayof Febraary
1899.
L. D. GERHAaDT,
Oil st. Clerk.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04
Commissioners Notice.
Amanda Eversole
VS.. IN CHANcRRY
VIM Mc(Jarfv or oil I

AMANDA EVersOie
VS.. IN CHANcERY
VIM. McCarty ct. al.
COMMISSIONERS OFFICE,
Martinsburg, W. Va, Feb. 7, 1899.
TO all persons Interested in the above en-
! titled cause:
BY a decree of,tbs Circuit Court of
Berkeley county, W. Va, entered in
the above entitled cause, On the 28th
day Of January, 1899, the same was re-
ferred to me with instructions to as
certain and report.
FiISt-The debts against the estate
of Susan M. Eversole, together with
the dates, amounts snd priorities of
same.
Secondary other matters deemed
pertinent or which may DO required by
any OF the PARTIES il Interest DO be
specially aated.
Yeu will therefore take notice that
I have fixed on Wednesday. March q,
1899, at 10 o'clock 4. "a, as the time
when, and my Office in the Flick build
ing In MartfasbHYg, W. Va. as the
place where, will proceed to execute
the said order ef reference, ana if, from
any cause the same be not completed
on that DAY. 1t win be adjourned from
time 30 time, ct the saMe place until it
is completed.
Given under nay hand this 7th day of
February, 1899.
W. B. COLsTON,
Com. In Chancery OF said Court.
2-l14t.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04
PERSONAL MENTION.
Your Friends Coming and Going

Mr.. G. II. Miller, of Gcrardstown,
spent Tuesday in town.
Mr.. w. Ward, of Winchester,
was in this city Wednesday
Miss Mary Kcsler, of Magnolia, is
visiting friends in this city.
Hon. Stuart W. Walker speot
Wednesday in Washington.
Mr.. Il. W. Greer spent a short
time in this city Wednesday.
DR.. F. NJ. Woods returned from
Chambersburg Tuesday night.
Mics May Faulkner went to
Washington Thursday morning.
Miss Mary stribling spent Tues
day afternoon in Chambersburg.
Mr.. VIM. F. Smith, Of Hsgers-
town, spent Tuesday in this city.
Mr.: P. II. Irwin, of Westminster,
Md, was in this city Wednesday.
mr.. Harry G. Hewitt, cierk Ut the
Berkeley, spent Tuesday at his home
in Winchester.
Miss Lille Davis, of Virginia ave.,
spent the day, Tuesday, with friends
in Hagerstown.
Mr.. Thomas Stewart, of Bunker
Hill, was in town Wednesday morn
ing on business.
Mr.. G.. F. knight, of Charles
Town, was among the visitors to
this city Tuesday.
Mr.. VIM. Campbell, of Charles
Town, was in this city on business
Tuesday morning.
Mr.. and Mrs. Jas. W. Ofett, of
Cumberland, Md, spent esday
with friends in this city.
Miss Grace Gruver, of Virginia,
is visiting her brother, Rev. W. F.
Gruver, E. Pennsylvania avenue.
Mrs. L. B. Eyster, of Chambers
burg, Pa. is visiting her daughter,
Mrs. W. A. Gard, W. King street.
Mr.. Chas. R. Hollis, of Washing
ton, formerly OF this city, is spend
ikg few days with relations here.
Misses Ciola Barker a nd Carrie
Scheelky have returned home sf.
ter an extended visit to Baltimore.
Mrs. 0. 81. Hobbs returned Wed.
nesday from a visit to her husband
at the Queen City Hotel, Cumber-
land.
Mr.. G. l.. Wagner, representing
the Ordway Piano Co., of Hagers-
town, was in town on business this
week.
Mr.. E. S. Ferguson, representa-
tive of the Graichen Glove Co., of
Winchester, was in this city We'd
nesday.
Mrs. Frank Baker, who has been
visiting her sister, Miss Bessie
Lamon, at Washington, returned
Wednesday.
Mr.. q. s. G. Pitzer drove to
Ridgeway, W. Va, Thursday morn
ing to attend the funeral of his uncle
Mr.. II. 3. Pitzer.
Mr.. Chas. W. Kilmer left Thurs
day morning for Brucetown, Va
where he has accepted position in
the Wooden Mill at that place.
Miss Edith Keck, who has been
the guest OF Miss Bette Wild dur
ing the past month, returned to her
home in Washington Wednesday
afternoon.
Mrs. VIM. Morgan, of Gerards-
town, passed through here Wednes-
day morning on her way to West
minister, Nd, whers she will visit
her sister, Mrs. P. Fl Irwin.
Mr.. A. Grattison Potts, who has
been spending a month with his par
ents, near town, left Tuesday after
noon for Elizabethtown, Pa, to take
work on new railroad that lie being
built there.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04
Monaghan Phesants.

Oakland, Md, March 1.-The
Cheat Mountain Sportsman's As
ISOLATION, with extensive preserves
in Randolph county, W. Va, last
spring set free all that remained OF
its stock Of Monaghan pheasants.
The bird cannot be reared success
fully in captivity, but thrives in this
latitude when free. The pheasants
had contracted poultry diseases and
minks killed some. The seven or
eight birds liberated are expected
to stock the mountains.
B. M. Yeager, who was in charge
OF a surveying party, saw pair OF
them few days ago twenty miles
from where they we're let out. The
Mongolian pheasant is beauti-
full fowl about the size Of a chick
en-. 1t has long tail and is mark
ed with the colors of the peafowl.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04
The Absurdiry of 1t.

London, Feb. 27'-The Times EN-.
phasizes "the absurdity of most OF
the stories regarding friction be-
tween the Germans aud Americans
at Manila, = says;
"The German cruiser Irene left the
Philippines over fortnight ago and
is now on her way from Hong Kong
to Annoy. AS for Vice Admiral
Won Diedrichs, he left the Philip
pines months ago."
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04

A Deputy Sheriff with writ OF
hsbeas corpus, after desperate ride
OF 80 miles, swimming streams and
through the blizzard, without
change of bronco, arrived at Choc-
taw capital just in time to stay the
execution of Tonaka, the Indian
base ball player. 1t was desper-
ate ride for life, and at one time,
both horse and rider, slept from
sheer exhaustion. That fool Indian,
his only bail bond was his word, to
appear for death, and he kept it.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04

You need not grind the points,
hut you squint an eye in threading
the needle, for next o. S. President,
as we'll as next U. S. Senator from
this State. The reckoning comes.
1t is too premature to nominate all
OF the old office holders, but really,
to supply good officials, there should
be other "pebbles on the beach"
There are some billets in revenue
and otherwise, fellows, ready and
strange to say offered, every place,
who may as well be pensioned, and
have a tombstone ready.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04
Eewsboy Gets Damages.

Hagerstown, March IA jury in
the case of Ohio G. Ardinger, this
city, a newsboy, against John Liv'
ers, of Gettysburg, for $4,000 dam
ages for false arrest and imprison-
melt Oh the charge OF picking up
Livers' pooketbook in a Baltimore
and Ohio train, awarded Ardinger
$3.50 damages.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04

Typhoid fever is increasing again
in Philadelphia. The chief Of the
Water Bureau denies that there is
direct pumpage at Queen Lane
Reservoir, thus giving impure
water.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04
Drying preparations sim.

ply develop dry eatarrh; they dry
up the secretions which adhere to
the membrane and decompose,
causing a far more serious trouble
thsn the ordinary form of catarrh.
Avoid all drying inhalants and use
that which cleanses, soothes and
heals. Ely's Cream Balm is such a
remedy and will cure catarrh or
cold in the head easily and pleas
antly. A trial size will be mailed
for 10 cents. large for so cents. All
druggists keep it. Ely Brothers, Sc
Warren Street, New York.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04
Pneumonia Feared.

London, March 1.-The Rome
correspondent Of the "Daily Mali
says: at i. feared the Pope has
pnenmonia a.d vii not recover
aCardinal OFeglia. Doyen CT the
Sacred College, has been in the
apartment of his Holiness the entire
evening.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04
no Orders Given the Iowa.

Washington, D. c.; Feb. 27.-It
is stated by naval officials that the
department has given no orders to
the Iowa to proceed from San Fran
cisco TO Manila, and that none are in
contemplation. 1t will be at least
two months before the repairs to the
Iowa can be completed.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04
Pneumonia Follows LaGr1rpe

bat pneumonia cannot follow the use
Of Foley's Honey and Tar. Pneu.
monia is striking down hundreds of
those who thought they were cured
of la Grippe. Foley's Honey and
Tar, taken during or after la Grippe
is guaranteed to prevent pneumonia.
For sale by E G.. Williams.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04

Rev Or. John Wstson, known in
literature as Ian Maclaren, spoke be-
fore the Presbyterian Social Union
on the crisis in the Established
Church of England.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04
Notice to Creditors.

TO the creditors of Swsan N. Eversole,
deed:
In pursuance of a decree of the
Circuit Court Of the County of Ber-
kelley, Stata of W. Va, made in a
cause therein, pending, to subject the
real estate of the said Susan M. Ever
sole, to the payment Of hsy deb4s, you
are required 30 present your claims
against the estate of the said Susan NJ.
Eversole, for adjudication, to w. B.
Colston. Commissioner in Chancery, at
his Office in the said county, on or be-
fore the 22d day of March, 1899.
Witness, J.. D. Gerhardt, Clerk of
the said Court, this 7th day of Febru-
airy, 1899.
L. D. GERHARDT,
211.6t. Clerk
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04

The Senate Committee entirely
exonelated Senator Mark A. Hanna
of the charge Of bribery, preferred
after his election.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04
Indictment Qaashed in Wade Grants Case

Parkersburg, w. Va, Feb. 81
In the criminal court today Judge
Jackson quashed all indictments
against Wade Grant, the negro
charged with assaulting various la
dies on account of the statutory de-
fects, and remanded the prisoner to
jail to await the action of a special
grand jury summoned to meet to-
morrow TO take up the case a second
time. Grant is the negro which a
mob tried to lynch and whom it was
necessary to move to Wheeling for
safe keeping.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04
U. S. g. Pitzer, Exec'r.
of Elizabeth A. r.
Daley, decd.

U. S. q. Pitzer, Exec'r. ~
of Elizabeth A. r.
Daley, decd.
VS..
j. II. G. Daley, John j.
Daley and Sophia
Daley, his wife; Chas
G. Daley; j. r., @. IN oHAso'Y
Daley. Jr., and Ger.
trude Daley, his wife;
T. F. Daley and Lot
tic Daley, his wife;
Maggie Belle Russler
aud Samuel 81. Russ
Ter, her husband.
Amended bill of complaint.
The object of the above suit is to
have the court judicially construe
the last will and testament of Eliza.
beth A. R. Daley, Decd, and it
appearing on affidavit fled in this
suit, that the said defendants, Mag.
gle Belle Russler and Samuel n.
Russler are non residents of this
State, they are hereby reqrired to
appear at the said Clerks office,
within one month from the lIth day
of February, 1899, (the date of the
first publication hereof, and do what
is necessary to protect their interests
in this matter.
L. Dew. CERHARDr. Clerk.
U. S. G. PITzER, Atty for Plaintiff.
2-1l-4t.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04

Newfoundland is anxious for a
reciprocity treaty with the United
States.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04

Hearth was sSreas
tfcoe's Ssssac ar.4..- zSss

rcoc Sssea I. ssfs4.s- 80.
scfas :..se - isea s.ssss
81 wss tss.5 s.ss: ss.t.. -slif' iSssssis.
face, Witch appeass-' li.ss s7F
health &c 50 rc1sss ;se . sss
advise salso isi SCR ..ssiss
bs.ii:i arr ssss -. =; s;--
Reio, 80 s.-s-.. s4ss.s o5 ~ a,s.1i,s.s
foun1 IA. Syas -. .,asss. Got = fess
better ri igA.. assa tx Refreshed + I II.
morniH I gai1ea u desc and sEacss !
had fi.-s Z. ! re six bct.las INC sores ca
ny face hz5 81 diaaYpeaTec.n J.B. BOD
DIE, Postmaster. Na hgiI.s, .ryc. Csroiias,
ftee sr1.nilsr Len soss leg scr IS
years, fo..f lcsss.ss1 Of Hoods Sarsayssri...n
madea complete cure. It is sssvessi years
since l took Hoods SsrsapariIls, bat
have not suffered with any sore or eryssp-
eIns In that tiTre.n ERs. NJ. j. HAgT1Ey,
Lovett, Georgia. Remember
Hoods SaEsap arilaa
Is the Best the One True Blood Purifier. Be
sure 20 get Hoods and only Hoods.
- kr~1-< .,an -.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04
rs Acres,
more or less, Of.
Good Timber,

located about 200 yards from the house.
Possession Of this property will be given
on the first day of April, 1899.
TERMS OF SALE:-One-third of the
purchase money cash in hand on day of
sale. the residue in two equal annual pay
ments of one and two years, the deferred
payments to be evidenced by the promis-
sorry notes ofthe purchaser bearing inter-
est from date, the title to be retained until
all the purchase money has been paid.
]. NELSON WISNER,
FORREST W. BROWN,
H.H. EMMERT,
Special Commissioners.
STATE OF VIVA. BERKELEY &C. To-wrT,l
Clerks Office, Feb. Sth, 1S99.l
hereby certify that Fl. II. Emmert, one
Of the Special Commissioners in the case
of John u. Wright, ct al, VS.. Jos. H. Nor
gan, Executor, ct all, has this day given
bond as required by law with approved
security.
L. DEW. GERHARDT, Clerk.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04

4Cnky 0llluRoWOItu,
ct. al.
COMMISSIONER OFFICE,
Martinsburg, w. Va. Feb. 7. 1899.
| To all persons interested in the above en-
/ titled cause:
By decree OF the Circuit Court of
Berkeley county, w. Va, entered in
the above entitled cause, on the 21st
day of January, 1899, the same was re-
ferred to me with instructions to ascer-
tain and report.
/ First-TO state and settle the ac-
count Of j. I'll. Smith, Sheriff, Commit
tee 3 dm'ro of Christopher Allingsworth
decd.
I Second-What real estate Christie
pher Allingsworth, died, seized of,
with the fee simple and annual rental
value thereof.
/ Third-To convene the creditors of
said Christopher Allingsworth, decd
and to ascertain and report all the in
debtedness against his estate.
F0urth-To report any other matters
deemed pertinent, or which may be re-
quired to be stated specially, by any of
the parties in interest.
You will therefore take notice that
I have fixed upon Thursday, March %.
1889, at 10 a. n, as the time when, and
my Office In the Flick building in
MartinsburE. W. Va, as the place
where I will proceed to execute the
said order OF reference, and if, from
any cause the same be not completed
on that day, it will be adjourned from
time to time. at the same place until it
is completed.
Given under my hand this 7th day of
February, 1899.
w. B. CoLsToN,
Com. in Chaneery of said Court.
2-1l-4t.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04
ORDER OF PUBLICATION.

The State of Vest Tirgtnsa.
At rules held in the Clerks oMce
of the Circuit Court of Berkeley
County, the 9th day Of February,
1899.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04
Special Commissioners Sale
Or Valuable
REAL ESTATE.

BY virtue of the authority vested in them
by a decree of the Circuit Court of Berke-
ley County, w. Va, on the 9th day of Feb
d. Wright, ct al, against Joseph H. Msr-
gan, Executor, etc., ct al. now pending in
said court. the undersigned Special Com
missioners will offer at public auction at
the front door of the Court House, in Mar
tinsburg, w. Va, on
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04
POSTPONED SALE
From December 81, 1895, to
March 4. 1899.

By virtue of authority vested in the
undersigned Special Commissioners by
decree Of the Circuit Court of Berke-
ley County, West Virginia, entered on
the 9th day Of September. 1898, in the
chancery cause of Jas. n. Smith, Ad-
minis.rator, etc., VS.. Pleasant johnson,
ct al, therein pending, they will offer
for sale at the front door of the Court
House, In Martinsburg, West Virginia,
on
SATURDAY. MARCH 4, 1899
at 100 O'Clock, p. M, the fee in the fol-
lowing real estate, subject to the life
estate of Pleasant johnson, to-wit
Said realty known as the
HOUSE AND LOT
situated in Russell's addition, in Mar
tinsburg, W. Va, as Lot No. 8, and
being the same property conveyed to
Mahala Johnson by John IL. Redman
and wife, by deed dated the 18th day
of February, 1888, and duly recorded in
the Office Of the Clark of the County
Court of Berkeley County, w. Va, in
Deed Book No. 86, page 269.
Said property is in a good state of
repair,
WE'LL IMPROVED
with outbuildings, fencing, etc.
TERMS OF SALE:-One-h half of
the purchase money Cash in hand on
day of sale, and the residue in two
equal payments, of six and twelve
months from day of sale, the deferred
payments TO be evidenced by the notes
of the purchaser, bearing interest from
date. and the title to said property to
be retained until all the purchase
money has been paid.
F. VERNON ALER,
STUART w. WALKER,
j. NELSON WISNER,
Special Commissioners
/ hereby certify that F. Vernon Aler,
one of the Special Commissioners, APP
pointed to make sale of the real estate
in the chancery cause Of JAS III. Smith,
Administrator, etc., VS.. Pleasant john
son, ct al, has executed bond with ap-
proved security in said cause, accord
ing to law
l.. DEW. GERHARDT,
Clerk Circuit Court.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04

or Drlnker Farm" containing -
2Io Acres, :.
and describe !, follows: Situated iu Mill
Creek Dis, ct, Berkeley County, W. Va,
one mile est of Bunker HILL, In said
county, ard lying one mile west of the
Nartinsbur5 and Winchester turnpike; it
adjoins the properties of o. B. Lafevre
and Alvin Clendenning on the east; the
property of Gold Ballinger on the north:
on the west and south by the public road.
This farm lies in one of the best Lime
stone agricultural districts of the county.
and is known far and wide as one of the
best producers in Berkeley County; the
improvements consist of a
VERY LARGE STONE HOUSE,
in good condition and large enough for
two families, large stone and frame barn
practically new, corn crib, wagon shed,
hog pen and all other necessary outbuiId-
ings; large cistern, never failing well
of water, and stream of water running
right through the place; the fences are
good, and all the improvements have been
well kept up; machinery can be run on all
of the fields of the farm.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04
SATURDAY, nARcH 4, 1899.

Congress--the war Congress, has
expired. Let Peace follow.
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04
Saturday, March 4, 1899

at 1870 O'Clock, p. M, that very desirable
farm known as the Daniel Clendenning
or Drinker Farm" containing
Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1899-03-04
SATURDAY, MARCH 4, Isa

at 1.30 o'clock, p. M, the fee in the fol-
lowing real estate, subject to the life
estate of Pleasant Johnson, to-wit:
Said realty known as the
Arizona republican., 1899-03-26

longer mayor, could not be, and if
 there were no legal successor to him, no one could be.
 A demurrer was also filed to the
 complaint denying the jurisdiction of | the court The questions raised were not those of law or fact but was leg | islative or political questions The legislature in enacting the law provid- ing this manner of extending the city limits could not, in contravention of the original act delegate its power to the court. Numerous decisions were cited by the attorneys for the addi- tions which served to cover precisely similar cases.
 City Attorney Bennitt made reply in the afternoon He admitted that leg islative functions could not be dele gated to the judiciary but denied that it had been done. He read a lengthy decision from a federal report in the Hammond. H., case, in which the su preme court of the state had taken the position occupied by the attorneys for the addition But the case had been reviewed in the United Sta,cs circuit court, which held that while the ques- tiOns to be passed upon were not mat tcrs of law or fact, they were questions of which some one must be the judge. 1 ne loSlSldUuIc III jlG nature OL CuIHSS could not be and the exercise of this judgment was in no sense the exercise of any legal function. This federal court decision in this review included all the cases cited by the attorneys for the additions.
 The case was taken under advise ment by Judge Street.
 In the attachment cases of Kessler & POyle and J. w Doris VS C. H. Rieb- ling, judgment was taken by stipula- tiOn. Tn the case of Ward vs Balsz, Q motion for new trial was overruled. A decree of divorce was ordered in the case of W. F. Doplace vs Ollie Do- place. The divorce suit of Funge vs Funge was dismissed on account of the death of the plaintiff better known as Hattie Cornelius Tn the damage suits of Dean vs the Maricopa & Phoe- nix railroad and Bliss against the same defendant, demurrers were over-ruled.
Arizona republican., 1899-03-26
CITY EXTENSION
several Interesting Law Questions
 Argued Yesterday.

The city annexation cases came up Tn district court yesterday. All the cases were merged into one, the va r1ous additions being represented by Attorneys c. F. Ainsworth, Thomas D. Bennett, Joseph H. Kibbey, 5e4ry -diI- lay and J. B. Woodward. City At torney Walter Bennett appeared alone for the petitioner.
 The proceedings were preceded by the filing of plea in abatement by the contestants setting up that there was no party to the suit The city itself could not be the petitioner. The city council was also precluded, and while the city could, through the council au- thor1ze the mayor to petition for the taking in of the addition. and had done so, that petitioner, J. c. Adams, had passed out Of existence as mayor leaving no successor. It was con- tended that he can have no successor except by popular election. It was de- aied even, that the council had power 70 name an acting mayor and that here was none in fact. The council could name presiding officer with none of the functions of the mayor According to this view there could be no one to be held responsible for the costs. The city certainly could not be. Thf original petitioner, since no