davidaulloa/AmericanStories huggingface dataset:
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01
AN AMERICAN" JURY.
How Blind Tom, the Peddler
Wants to Be Tried.

Blind Tom," a lead-pencn peddler,
was In the City Justices Court yester-
day on a charge of drunkenness Had
the charge been heard Tom would have
convicted himself on the spot, for he
was stiH drunk when placed In the little
peu used to prevent malefactors from
craving into the Judges lap and en-
bracing him.
Tom had taken a tumble somewhere
on the preceding night and his face was
covered with blood, while his Whole ap-
neg rance was decidedly "disreputable. =
Justice Davis took one glance at him
and then ordered him removed to the
iaa to sober up and make himself at
last halfway presentable.
When asked how he wanted 10 De
tried-by the Court or by jury Iom
replied: by a jury Of six Amer1cans-
three Irishmen and three Dutchmen.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01
Matters at Fair Oaks.
Correspondence Record Union.)

Correspondence Record-Un1on)
Fair Oaks. May 31st.
Miss Kate Smith, who has fine resi-
dence on the bluffs, has received four
horse load Of orange trees from Harry
Landisi stock, delivered in his patent
FORMS
Mr.. Abah and family, consisting Of
wife and two daughters, have rented
Mr.. Derby's place for few months
Mr.. Abah came from Northern Wiscon-
| sin, and owns tract, implanted, near
Grant Wallace's place.
Mr.. Swanson paid his family a short
visit this week.
/ A sister of Paul Pause is visiting Fair
Oaks. She is guest of j. E. Hoist.
Mr.. Bittenbender Of Redlands is COM
ing to Fair Oaks to purchase a home.
Several members Of Fair Oaks Grange
visited the Sacramento Grange last Sat-
urday and We're treated right royalty
by the members of Sacramento
Grange. It was the occasion of the
annual strawberry festival.
The past week and that to come are
weeks Of hay harvest. The crop APP
pears to be much heavier than it was
at first supposed to be. Very little hay
$500
year, and many will have hay to sell.
Mr.. Derby will have ripe peaches on
his trees by the middle of June.
Mr.. Ling and family occupy the house
Of Emma Buckholz during her temper
airy absence.
The second series of irrigation runs
will end this week. There has been
some difficulty in the amount of water
in the second run, some tracts not being
able to get water at times, and for
that reason failed to finish irrigation
before the time expired. In the third
run water appears to be abundant,
though the pressure in some places is
very low. This water question, that of
a larger main line, Will have to be de-
termined before many months. Orange
trees are very full Of fruit, which is
developing finely.
Thomas Ward has the finest straw
berries now in the market. They are
the Hood berry, and very large.
Mr.. Fitch has had some of the best
fruit of the season, taking the lead in
quality.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01
An IN sEASONABLE STORM.
WINTER FLOPs DOWN IN THE
LAP OF SUMMER.
A General Rain, with Low Tenn
perature-WiI Cause Some
Damage.

Rain has been falling here quite stead
lily since o'clock yesterday morning,
though the fall has been light. All
kinds of opinions are expressed as to
what the effect on hay, grain and fruit
will be, assuming that the storm would
not last beyond last night.
There seems to be no doubt how
ever that unbaled alfalfa hay will suf-
fer, also strawberries and cherries,
though in this section the bulk of these
fruits have been marketed. There are
some late varieties of cherries that
may escape serious INJURY. Hay other
than alfalfa can be dried out if the
weather should turn bright and warm,
but cool stiff wind would be better
still.
The rain will cause heavy wheat and
barley to lodge in spots, but If the
storm be not prolonged most of it will
straighten up when dried out. In this
vicinity there is not much late spring
grain, but in some places late crops
will be benefited. Take it all in all,
some slight benefit will result from the
rain, but this will be overbalanced by
its bad effects. If the weather should
clear this morning, however, and dry
Liz VILLA Eel Ill, CllS Qd1lldSS WILL OS
slight
Reports received at the railroad COM
pany's office are to the effect that rain
has been falling all through the upper
portion OF the Sacramento Valley. 1t
was also raining UP to near the Sum-
init on the Central Pacific line, while
in the higher attitudes snow was fall
ing.
the highest and lowest temperatures
yesterday to have been SO and 80 de-
grees. with fresh to brisk southerly
winds and rainy weather prevailing,
the highest wind velocity being %
miles from the southeast.
The barometrical readings at a. m.
and p. m. yesterday were 29.S9 and
1918 inches, respectively.
The highest and lowest Temperatures
one year ago yesterday were SO and Az
degrees. with no rain, and one year ago
to-day "a and 81 degrees, with IA of
an inch Of rain.
The average temperature was Sc, and
the normal 6S, showing yesterday to
have been - degrees cooler than usual
for the 31st day of May.
River, Is feet inches and rising.
The Weather Bureau records show
that the last rain of last season oc-
CURED on the 1st day of June, there
having been IA of an inch measured
on that day, being the only precipita-
ton during the entire month of June,
1898.
The storm Of yesterday was more like
a nidwinter one than one coming on
the last day of spring. To-day, June
1st, is supposed to be the first day of
summer, but the temperature feels
more like that of a February storm.
The amount measured yesterday was
"A Of an inch, making "a Of an inch
for this month, as against 1.5O inches
for May Of last year.
The total for this season is now
1856 inches. as against 1901 to an
equal date last year, the latter being
also the total rainfall for the whole OF
last season up to and including June
Both.
The barometer was falling steadily al
day yesterday, with brisk southeasteriy
winds, with clouds low and moving
rapidly from the same direction. Such
conditions in the winter season would
augur well for a heavy storm.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01
HORSE AND BUGGY STOLEN.
The Thief Was Caught Last Night
at Lodi,

Ihere seems to be an unusual num-
Der OF tourists roaming through the
country just now who are opposed to
waking when such violent exercise
can be avoided. Within a week past
several horses and buggies have been
stolen. The latest report comes from
F1orln, where the horse and buggy Of
Il. w. Jones was taken on Tuesday
night.
Later-the Sheriff's Office was notified
last night that the thief had just been
caught at Lodi, to which place he was
traced by Mr.. Jones.
The Constable there expected to reach
here with his prisoner about 2 O'Clock
this morning.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01
THE GAS CASE.
Defendants Motion for a Nonsuit
Denied by the Court.

The case of W. NJ. Smith against the
Capital Gas Company for refusing to
put meters into his store is still on
trial before Judge Johnson The evil
dence for the plaintiff was finished yes
terday afternoon, and he rested his
case.
r. T. Devlin, attorney for the COM
pany, moved for a nonSuit on a large
number of grounds, but the court de-
MED the motion, and some of the evil
dence for the defense was put in, after
which a recess was taken till this
morning
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01
A Four-Legged Chicken.

Mrs. Van Epen, who raises poultry in
Washington, Yolo County, has duck
three, days old that is genuine curios-
ity. The duckling was Matched with
four legs. and it uses them ALL just as
any quadruped would. The legs are all
fully developed, two being in front and
the other pair just where all well-regu-
lated ducks have their legs.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01
GOVERNORS RETURN.
He r. Expected to Be at the Cauitol
TODAY.

Governor Gage left Los Angeles yes
terday, and he is expected at the Capt.
tai either to-day or by noon to-mor-
row. His visit will be brief however.
as he has announced that he will be
in the Yosemite on June Tth.
His summer vacation will soon fol-
low, but 1t is believed there will be
some important political announce
ments before his long vacation.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01
Alleged wife Beatinr

Mrs. Maggie Sullivan, wife of Dan
Sullivan, pressman at the State Print
ing Office, has caused the latter's arrest
on a charge of battery. Her face yes
terday certainly bore evidence of a
beating at the hands Of some body.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01
Seventy Days for Lyn.

Ed. Alvarado pleaded not guilty of
vagrancy yesterday in the City JUS
tees Court, and his case was contin-
ued until to-day in order that he might
get witnesses that he had worked
lately.
Charles Lyn was convicted of vag-
rancy and sent to the County Jail for
seventy days.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01
Free Entertainment Tonight.

There win be a free entertainment
this evening at A. NJ E. Church on Sew
enth street, between G and H, by Mr..
and Mrs. A. Dobbins, commencing at
$50. All are cordially invited to at
tend
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01
The Mayor Enjoined

Louie Chong has commenced sun IN
the Superior Court against William
Land as Mayor, and George F. Meister
Superintendent Of the City Cemetery
TO prevent them from removing certain
Chinese bodies from the Helvetia Cema-
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01
TWICE SIX MONTHS.
Jose Sanchez will Spend Them in
the County Jail.

Jose Sanchez was in the City JUS
tees Court yesterday morning,
charged with petit larceny in stealing
pistol from Milk and Food Inspector
Mcgowan, and also for stealing some
carpet layers tools from the room Of
w. F. Delaney. Justice Davis SEN
fenced him to six months in the County
Jail on each charge, the second SEN
tence to begin at the end of the first
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01
The Cornfed Philo.opher.

'".The man who admits he made mis-
take" said the cornfed philosopher,
usually winds UP by saying you would
have done the same way in his place -
Indianapolis Journal.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01

1t is better to preserve health than to
cure disease. Therefore, keep your
blood pure with Hoods Sarsaparilla,
and be always WELL
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01

For medicinal purposes drink Glen.
brook" sour mash whisky Thee
Blauth, 4O7 K Street. Tel 207.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01
LAUNDRY

work in town is simply to
send us a trial bundle. Our
prices are right and you
get more satisfaction from
the wearing of shirts, col
lars and cuffs by the meth
cd we have of doing them
up. You may always de-
pend on the work you send
here.
Wagons call for and de-
liver laundry to all parts
of the city.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01
Is. F. No. 1415-Department Two-Filed
May &c, 1899

Is. F. No. 1415-Department Two-Filed
May 26. 1899
G. c. Sweeney ct ais, respondents;
Johanna K. Meyer, A. Meyer and
Charles Alsup, appellants. Mechanics
lien. Modified
Under the Mechanics Lien law, held
that the provision of theSlaw as to pay
ments prematurely made is not made
dependent upon the giving or the fail
ure to give notice. The provision is
but fortnight declaration that il a
contractor shall make a payment prior
to the time when it is due, that pay
ment shall be deemed not to have been
been made, so far as affects all lien
claimants other than the contractor
himself. 1t is an arbitrary demand Of
the statute, for the failure to comply
with which the owner must suffer.
Where a demand is made for extra
work, 1t should be shown first by appro-
pirate and sufficient allegations of the
complaints, and second by evidence in
support thereof what constituted this
extra work. Where these facts do not
appear, either in the pleadings or by
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01

any known 10
the tongue of
man. 1t can
invite or repel,
sigh or smile,
be meek or
naughty, tear
a passion to
tatters or hum
l
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01
Is. F. No. 1O17-Department One-Filed
May 26, 1899

Emile G.. Cohen ct al, appellants;
City Of Alameda ct al, respondents. In
junction of sale and to declare assess
ment void. Affirmed.
The constitutionality of the Act of
March 6. 1889, was upheld by the SUI
prenle Court in Davies VS.. City of Los
Angeles, SO Cal. 81.
AS any land Within the limits Of the
proposed street already appropriated to
public use would not be taken for the
Improvement, whether included or ex-
cepted from the description, the failure
to include or except it does not impair
the sufficiency of the resolution Of in
tention. See Whiting VS.. Townsend, 81
Cal. 515; also Williams VS.. Bergin, 116
Cal. Sc.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01

Drink Wilson, Hall & Co.'s Grown
Orange Cider, Sarsaparilla and Lemon
Soda.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01

terry. Judge Johnson has issued tenn
porary injunction and order to show
cause on June 10Th why they should
not be restrained from such action.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01
DON'T
JUDGE

our work by the work Of
other laundries. All we ask
to convince you that we do
the best
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01

glveness.
Il can also tell the
story of health. A
woman who suffers
from weakness and
disease in a woman
ly way sits in sorrow
a,d daiacfiop xvhi1o
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01

SYLLABI.

SYLLABI,
Is. F., No. 941-In Bank-Filed May %,
1899
Gray ct al, appellants; Richardson,
respondent. Mandate. Affirmed
Failure to annex the specifications to
the contract renders the contract in
valid as the foundation of an assess
ment. So, where a contract was shown
to be invalid, the Street Superintendent
was justified in refusing to issue an
assessment therefor
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01
sufficient evidence, it is error for the
court to make the amount asked for ap-
plicable to the liens.

e.~~N>y 49,
piicable to the liens.
e.. A. No. Department One Filed
May 26, 1S99.)
Southern Pacific Company, appellant
Frank A. Wood ct al, and Frederick
B. Jack ct AL, respondents. Contest to
lands. Affirmed.
The accepted construction of Section
6 of the Act granting lands to the rail-
road IA U. 8. Stats. 292) is that as to
lands within the place or primary limits
the words, sbe and is hereby granted
imports grant. in PRESENT.; and when
the lands are ascertained by fixing the
line Of the road in the manner pre-
scribed in the Act, the title Of the
grantee relates back to the date of
the Act, but does not attach to lands
to which the United States did not have
full title at that date, or where other
wise excepted from the opeI ation Of the
grant, even though they should after
ward be freed from the claim or pos
session which excluded them under the
terms of the grant. CNewhall VS..
Sanger, 80 U. S. 1911 But as to in
demnity lands, it is sufficient if they
al z LICE AAOHl pIiSdlC SAdilil az lAO eA4AAS
of their selection by the railroad COM
pany. Organ VS.. Railroad Company,
80 U. S. 1922
In short, the lands granted by the
Act are those as to which the grant is
in present., and refer only to the lands
within the primary limits. AS to the in
demnity lands, the title, when they are
selected, does not relate back to the
date Of the Act, but to the date Of selec-
ton.
That the Secretary of the Interior
acts judiciously, see Wisconsin Central
Railroad Company VS.. Price County,
Is U. s. 496.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01
Is. T. No. 1022-Department One-Filed
Nav 26. 1897

George A. Newhall, appellant; Sher-
man, Clay & Co.. respondent. Fore
closure. Affirmed.
If the complaint does not show that
the claim sought to be enforced was due
and that suit could have been main
tanned for its collection at the time of
the execution of the mortgage, it GER
tainly fails to show that it became due
at any subsequent time and so fails to
state a cause Of action.
When the debt secured by the mort
gage is barred, the mortgage is also
barred.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01
Grim. No 415-In Bank-Filed May %,
1899

People, respondent; Wilter De Carlo,
appellant. Perjury. Affirmed.
In an indictment or information for
perjury or subornation OF perjury, it is
not necessary to set forth the facts CIV
ing Jurisdiction to the court in which
the false testimony was given. See sec
tion 966, Penal Code. So, where the
information stated that the oath was
taken in open court before a Justice Of
the Peace in a criminal case then pend
Ing before him, and that the Justice of
the Peace was then and there entitled
under the laws of the State to admin
ster caths, in such matters and pro-
ceedings, this averment was sufficient
to establish the authority of the Justice
Of the Peace to administer the oath.
Also, the averment that the alleged
false testimony was material to the lis.
sues rendered in said case sufficiently
showed its materially, without specify
ing any particular issue upon which it
was material.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01

Is. F. No. 123S-Department Two-Filed
May 20, 1899
Richard N. Windsor, respondent; vir-
ginia A. Miner and Elizabeth c. Wind
sor, appe nts. Action to enforce spe'-
ific performance of an option to pur-
chase. Reversed.
Specific. performance cannot be en-,
forced against party to a contract in
any of the following cases: l. If he
has not received an adequate considera-
ton for the contract. 2. If it is not,
as to him, just and reasonable.
Specific performance is an equita BILE
remedy, and it is incumbent upon the
plaintiff in an action Of this chara cter
to show both in the averments Of his
pleading and in the evidence at the
trial, that he is entitled to the equitable
relief which he seeks.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01
). F. No. 1O3S4Department Two

lIeo MAY ~, 1891
Della Gately, appellant; H. T. Camp
bell ct al, respondents. Damages for
personal injuries. Affirmed.
The lessor is not liable to the lessee
for an injury suffered by him during
his occupancy by reason of the de-
fective condition or faulty construction
of the leased premises, in the absence
Of fraud, concealment or covenant in the
lease.
The obligation imposed upon the land
lord by Section 1911, c. c., is limited by
the extent Of the privilege conferred
upon the tenant by Section 1892; and
the only consequence of a breach of the
landlords obligation is that the tenant
may either vacate the premises or ex-
pend one months rent for repairs.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01

A vivacious woman's
fan can frequently
speak in more elo-
quent language than
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01

false testimony was material to the lis.
sues rendered in said CASE sufficiently
showed its materially, without specify
ing any particular issue upon which it
was material.
Grim. No. 491-Department One-Fiied
May %, 1899
People respondent; Charles L. West
lake. appellant. Embezzlement Re
versed.
The willful omission of a public officer
of a county to pay over to the County
Treasurer money received by him in
his official capacity is not necessarily
embezzlement. Consequently, an in
struction to the jury that his failure to
pay the money, if unexplained, raises a
presumption Of a felonious appropria-
ton which will authorize a verdict of
guilty is erroneous. The alleged felo-
NOUS appropriation is the ultimate fact
to be found by the verdict of the jury
before judgment Of conviction can prop
erly go against the prisoner.
1t is the rule that when a single in
struction standing alone does not con-
tain all the conditions and limitations
which it should and is thus subject to
legal criticism, the giving of it will not
be error II it can be read in connection
with other instructions and thus make
all the Instructions harmonic as a
whole, and If being read together SUP
plemented by each other they all to-
gether fairly and correctly state the
law. Held, however, that this rule does
not apply when the instruction contains
a plain statement of an incorrect Drin-
Ciple of law. An instruction plainly
erroneous is not cured by correct in
struction in some other part Of the
charge.
It is always proper to cross-exarline
a witness fully as to all facts and cir
cumstances connected with the matters
stated in his direct examination.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-06-01
Is. F. No. 1301-Department Two
Filed May %. 1897

Z 11~et ~'1eey -, 1NOO'I
San jose Water Company, respon-
dent; James H. Lyndon, Sheriff, ap-
pellant. Mandamus to enforce convey
ance Of property sold under lease Of
foreclosure and sale. Affirmed
A mortgage cannot redeem from the
sale made under the foreclosure of his
mortgage. And it makes no difference
whether the foreclosure is in suit
originally brought by him or upon a
cross-complaint in which he prays for
and obtains1sa foreclosure in a suit
brought by another mortgage. Black
vs. Gerichten, 50 Cal. S.
Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1899-10-19

v. B. Carpenter returned last week
from Concord, n. H., where he hadheld a
position as guard In the state prison for
some time.
Rev. W. II. Newton, principal OF the
Methodist seminary at Montpelier, occu-
pied the pulpit here last Sunday In the
absence OF Rev. p. p. Womer.
e. II. Kinney who has been under treat
ment for hernia at a Burlington hospital
for several months, has so far recovered as
TO return to j. NJ. Angeles where he will
labor the coming winter II health permits.
Cards are ont announcing the pending
Wedding OF Miss Eta, daughter OF Mr.
and Mrs. II. A. Fletcher, TO j. Jones Steele
OF East Roxbury. The ceremony will take
place at the church at o'clock Wednes-
day evening. Oct. 25.
DR.. Hannibal p. Wheatley OF Farming
ton, N. d., paid his parents, Mr.. and Mrs.
Nathaniel Wheatley, a short visit last
week. The doctor had the honor OF a
hearty baudshRke from Admiral Dewey at
Montpelier last week. He took position
on the platform of the sdmIral's car and
as the admiral stepped forth the doctor sa-
luted him, saying, "Admiral Dewey, am
Just twenty years TO q day younger than
you are, ana | ardently desire the distin-
guished honor OF clasping your hand,
pledging not to shake the admiral took
him by the hand and, with hearty shake,
said, Young man. am glad to see you"
Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1899-10-19

After seven unsuccessful attempts.
the tirst race for the America cup was
sailed Monday. The course was fifteen
miles 10 windwafd and back. The
Columbia, the American yacht, proved
herself much superior IN wlndward
work and also gained some before the
wind. leading the British Shamrock
ION $. corrected time at the close
On Tuesday. the boats again started
on triangular course. hut had sailed
only lj minutes when the Shamroek's
topmast broke and she was compelled
70 turn back Under the rules. this
race went % the Columbia. which
finished within the time limit. The
third race win be today, If possible.
III Columbia wins. as is expected. the
cup will remain. as the score is best
three out of five.
Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1899-10-19
Millions Given Away.

IL is certainly gratifying to know Of one
concern in the land who are not afraid TO
be generous to the needv and suffering.
The proprietors OF DIR. Kings New Dis
covery for consumption, coughs and
colds. have given away over ten million
trial bottles OF this great medicine; and
have the satisfaction OF knowing ii has
absolutely cured thousands of hopeless
cases Asthma. bronchitis, hoarseness
and all diseases of the throat, chest and
lungs are surely cured by IL. Call on
Drew 4 Leonard, druggists, and get free
trial bottle. Regular size soc. and 81
Every bottle guaranteed or price refunded.