davidaulloa/AmericanStories huggingface dataset:
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1900-06-23

How Jerry Smithers arranged an elop
ment win be told by the Switch Tender
in tomorrow S issue of the Sunday Times
together with some account OF the only
wedding which ever took place on a
freight train.
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1900-06-23
PINE GROVE CEMETERY,

Tho annual lnestiag Of tho Pine Grove Gem
etery association will be held at tho residence
OF the President NJ. J. N. Head. No. Z + .easant
avenue, Woodforis. oa Saturday, June 30 at
Z 30 y. m. for the purpose Of electing ofrces for
the en- uing year alh for any other business
that may properly come before the meeting.
FREDEhICk DUNHAM, secretary.
ie23dit
The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1900-06-23

Among the new things
at this counter, brought
out specially for summer
trade, are many small
articles of a useful sort,
simple in form and de-
sign, easily made, not too
much "work" in them
and very inexpensive.
The right kind to take
away to a summer re-
sort, proper handiwork
for the piazza.
Linen tray cloths, hem
stitched and stamped
ready for a bit of en-
broidery, 25c. Pulp-board
photograph frames with
a linen cover to be en-
broidered, passpartout
shape, oval, square or
round opening, 3Sc. Gov
ers for Medicine Glasses
with movable indicator;
the hours and minutes to
be embroidered. Albums
for the ''Perry Pictures"
including the linen COW
ers-also to be embroid.
cred. Address books
and Kodak books, each
to have a little needle
work about it to give it
originality.
The line of Fancy Pill
lows includes lots of en-
tirely new patterns,
graceful, artistic designs
on all sorts of fabrics.
The "Za Za," one of the
most elaborate ones of the
whole collection, has
much embroidery besides
all Illuminated jewel eff
feet made by colored
glass sequins. "Alice
Nelson Pillows, Chas.
Dana Gibson Pillows,
Golf Pillows, Ballet Girl
Pillows, and no end of
flower designs.
Models of most of them
all made up on exhibi-
ton. For hammocks and
the piazza, crash pillows
with poster designs, at
29c-been SOC.
All materials for art
needlework at this count
err. Lessons given.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-12-05

that Castle, who, in requesting the
to transfer and convey
the property, acted as the attorney of
the life-tenant, had, prior to the de-
mand by the administrator for a res
toration of the property, transferred
and conveyed it to the life-tenant and
to certain other parties subject to the
same trusts, and that the facts do not
bring the case within the rule that
where a voluntary payment is made
under a mistake of law to- an agent for
his principal, the agent cannot be held
liable If, prior to the receipt of any
demand or notice to the contrary, he
OPINION OF THE COURT BY
PERRY, J.
One Antonio Philip, late of Honolulu,
Oahu, died in the year 1859, leaving a
will wherein and whereby he be-
queathed the whole Of his estate to his
widow Anna (also known as Ana Mo-
mona) for life and provided that at her
death it be divided as follows: To
George Friel one fourth; to John Mich
olas Ana, one-fourth; to Antoine Nicho-
las Ana, one-fourth, and to Antoine
Manuel, one-fourth. The will was duly
admitted to probate on November 80,
1859. and on the 2Sth of March, 1870,
complainant was appointed admins
traitor with the will annexed of the
idecedent's estate.
| In September, 1885, respondent Cas-
: tie, as the attorney for the widow, and
taking this action in consequence of
i financial embarrassment under which
! Cleghorn was laboring at the time, re-
quested the latter to transfer to him all
of the funds and property of the es-
tate to be held by him, Castle, under
the same trusts, representing to Veg
;, horn not only that the widow desired
this course to be followed but also that
the other devisees Joined in the-request
for the transfer. Castle further repre-
scented to Cleghorn that upon the lat
ter's so transferring the property, his
liability as administrator would ter.
inmate.
Cleghorn, believing in the truth Of
; these representations and relying
thereupon, paid and delivered over t,
Castle all of the funds and property O.
the estate remaining in his possession
that is to say. cash, S1033.48; two prom
issory notes signed by himself, one TO
$461..52 and one for Sl25.69, and, by deed
lot of land situate at Waihee, Maui
, $1,000. being in all the sum of $3.50. SO
, or Its agreed equivalent, of which sun
Z S3,42O was principal and the balance in
come. (See exhibit "a filed June 2S
? 1885, Probate Record No. 1889. 1t wa
, at the time known to and understood
, by both Cleghorn and Castle that tn
land at Waihee was of the value O
much less than $1,000, but nevertheless
it was accepted by Castle as the EQUIV
, alent of that amount because Cleghor
: had no other property and it SCENE
wise to accept all that could be hat
In an informal interview the probat
judge, familiar with the proceeding
, heretofore had concerning the estat,
had said to Castle that he considere
,, the proposed acceptance of the land a
that value as wise under the circum
, stances. 1t is due to M. Castle tina
this fact be noted.
. In the negotiations Castle represent
D ed to Cleghorn that all the parties
interest consented that the land be tai
t en- as of that value. and Cleghorn re
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-12-05

Joined. None of the other respondents
except Castle filed any answer or other
pleading or made any appearance.
The court below decreed that the re-
spondent Castle pay to the complain
ant the sum of $3.420 with interest
thereon from January IS. 1897. From
that decree the case now comes to this
court on the zeal of the principal
respondent.
The defense mainly relied upon is
that this was voluntary payment by
life tenant, for his principal, made un-
ger q mistake OF law, and that the
agent cannot now be held liable be-
cause long prior to the recetp, by him
of any notice to the contrary he paid
and delivered over the property to his
principal; and that the administrator
remedy is by seeking the trust proper
ty wherever it may now be.
We are of the opinion that the case
at bar is not within the principle Of the
cases cited by the respondent in sup
port of that contention. In making The
suggestion or request to complainant :
that all Of the property of rEe ests-ta
be transferred to respondent, the latter
acted, no doubt, as the agent of the
llife-tenant, but in receiving ami fsol1-
ing the property he acted, not as such
agent. but as a trustee for the benefit
Of all the beneficiaries named in the
! Will: he held the property, not only IN
order to pay the income thereof t. The
life but also to preserve the
principal for the remaindermen and to
distribute 1t among the latter at the
time and in the proportions provided
for by the will. The deed of August,
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-12-05
IMPORTANT
DECISION
Supreme Court in the
Philip Case.
THE PLAINTIFF WINS OUT
w. R. Castle Must Make Good the
Sum Of $3,420 or Convey the
Real Estate.
~HIEF JUSTICE FREAR and JUS

KNuAbr JOo NE HEAfS anu JUS
tice Perry of the Supreme Court
yesterday rendered decision il
the c.se of A. s. Cleghorn, admins
traitor Of the estate of Antonio Phillip
vs.. w. r. Castle, John Nicholas Ana,
Antonio Nicholas Ana, Koleka and
Mary Brown, which has been on the
calendar of the various courts for a
long period. The decision was render
cd by the two justices under a stipula-
ton filed by the respective attorneys
that their decision, in the absence OF
Justice Galb-aith. would be sufficient.
The case is decided ii favor of the
plaintiff. and DEGREES that the defea-
dant, W.. Z. Castle, If he is not in a
position to reccnvey to the 2dministra-
tor certain real estate named in the
cause, should make good its value
stated to be 1000, together with a
cash balance of $3.50, making a tota
of $500, with interest on the tota
amount from January 20, 1897.
The decision read IS follows:
In consequence of a misrepresenta-
ton, though innocent, made by Castle
to the effect that the remaindermen as
well as the life-tenant under a will OF
certain property desired the transfer
and conveyance of such property by
A s. Cleghorn. the administrator, with
said will annexed of the estate of the
testator to Castle and that there.
upon Cleghorn's liability as such ad
ministrator would terminate, A. S
Cleghorn. to whom the representation
was made. relying thereupon. trans.
ferred and conveyed all of said proper.
~ az requested. 1t subsequently ap.
pesred. by decree Of court, that the re-
maindermen had not in fact consented
to such transfer and conveyance or rat
fled the same. and the administrator
was ordered to pay to the remainder
men the amount of the principal o.
said estate.
Held that the administrator may re
cover of Castle the property 81
transferred and conveyed.
Held that 1t is no defense to the sui
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-12-05

Also, twenty cases Of Lawns, Organ
dies, Percales, ETC., which We must
clear out. Thirty-six inches wide at
12kc; usual price 15c. These goods are
all new and clean. Our only reason for
selling them SO cheaply is our want of
space.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-12-05
For the Gentlemen

We have everything that man car
wish for in Furnishings. Our Neck
wear. Shirts, Collars, Cuffs, Hose. I'm
derwear, Pajamas. Bathrobes; also
Towels. cannot be competed with il
this city, both for quality and style.
Trunks in every shape and size a.
economical prices.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-12-05
For the Household

In Domestics we are indispensable.
We offer you 1914 Sheetings at zoe,
Pillow Castings from 10c to 1Sc; big
Csc, 271kc, &c and 35c.
selection.
Blankets, In every shade, per pair,
90c, 81 90, 81. SO. $1.75. 81. so, 1878, 81 So
etc.
Don't forget we are great handlers Of
the best Sewing Machines. to wit: The
Standard, Domestic. Automatic. Nor
wood and Vindex.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-12-05
For the Ladies
Speciality

Shirtwaists, excelling anything OF the
kind ever brought to this town, In all
eolors and designs; latest sleeves, col
lar and cuffs. at soc, Csc. 75c, S5c and
81 90.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-12-05
Bed Spreads

lei UltImo" 75c, Il 90, SIPS each.
Price Is no criterion.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-12-05
fIanneietteS

In most beautiful shades. s 1-sc. 1oc
and 12iHc.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-12-05

Dimities
In great variety, 8 1-3c. 1oc. 121kc, 15c.
171kc and zoe.
The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-12-05

tCOntinued on Page 3D.
New-York tribune., 1900-04-06
IN CONFERENCE AT DANBURY.
THE REPORTS OF THE PRESIDING ELDERS
RECEIvED-FUNDs FOR THE PAYMENT
OF CHURCH DEBTS.

Danbury, Conn. April (speciaD.-Auch of the
mornings session of the New-York East Conference
to-day occupied by the four presiding elders
In presenting their annual reports concerning the
work In their respective districts. James S. Chad
wick spoke for the Brooklyn South District George
Van Astyne for the Brooklyn North District, Joseph
Pullman for the New-York District, and John E.
Adams summarized the results in the New-Haven
District In Brooklyn and elsewhere on Long Island
more than two thousand conversions were reported.
The movement in the New-Haven District for the
payment of church debts, started chiefly through
the instrumentaity of H. H, Benedict, has assumed
vast proportions, and success seems assured. Not
withstanding the progress already made In that
direction SIS 900 additional has already been pledged
for the Twentieth Century Fund. Owing to the
demands of the New East River Bridge the Central
Church building sold to the Bridge Commits
sioners for $4,000 With $4,000 derived from other
sources the total amount in process Of time Will be
applied the necessities of three other Brooklyn
churches the South Second Street, the South Third
Street and the Bushwick Avenue churches.
The Rev. Frank w Crowder. of the Methodist
Church at Stamford, was allowed to withdraw
from the ministry and membership of the denom-
nation. He has announced his intention of en-
tering the Protestant Episcopal Church. The Rev.
DR. w. Warner Clark, the pastor of the Rockville
Centre 0ong Island) church, owing to impaired
health was placed the supernumerary list, with
an allowance for his support Reports having been
character Of the Rev Royal ". Raymond. of Mount
Vernon, n. Y the matter prior TO the assemoiing
presiding elder, Dr. Joseph Pullman to prelim
mary committee of investigation. The report of the
committee fully ated the Rev. Mr.. Raymond.
Dr. w. A. Spencer. of the Church Extension So
ciety, explained its condition. During the fiscal
year closing in November last the receipts exceeded
those of any preceding year by nearly 100000.
Professor NJ. d. Buell. of Boston University, spoke
at length in the interests of that institution.
pathetic incident occurred while DR.. George Van
Alstyne. presiding elder of the Brooklyn North Dis
trict, read his farewell report. he having com
PEELED him to stop. while familiar hymns were sung
to give him opportunity to rally On behalf of
the preachers of DR. Van Alstyne's district DIR. A.
B, Sanford secretary of the conference in brief
address preserl, ed him with purse of money
amounting to $l15. The Rev. A. c.. Gabeein, of
New-York, expressed a desire TO withdraw from
the Methodist ministry. He surrendered his parch
ments and his request granted
In the afternoon the anniversary Of the Women'S
Foreign Missionary Society was celebrated, and
at night the Rev. Herbert Welch, of Mddletown,
Conn. preached the annual missionary
New-York tribune., 1900-04-06
COULDN'T WAKE HIS MAMMA

Agent Murphy, of the New-York Society for tha
prevention of Cruelty to Children brought into
the Jefferson Market Police Court yesterday after
noon bright looking. black eyed boy whose nane
Is George Walsh, three years and three months
Old The boy was found by Agent Murphy with
his year old brother. John. lying on the bed where
the BODY OF their mother. Kate Walsh, lay covered
with hlthy rags. She died about 13O o'clock on
Wednesday afternoon. Attention was called IN
the case by Mary Lane, who lives on the same
floor of the house, No. 34s Hudson-st where the
walsh family occupied single room on the second
hoor. Mrs. Lane had Mrs Walsh ahout
O'Clock in the afternoon. but about an hour later
George went into her and said In his baby
way Mamma is cold all and l can't make her
wake up Mrs Lane saw that her neighbor was
uead, ana caled In an officer of the Charles-st
stauon VINO summoned an ambulance from st
Vincents Hospital. The surgeon said thar the
woman had died from alcoholism Agent Murnhy
said that the single room occupied by the walsh
family was one of the iithiest he ever saw The
youngest child was in such condition that II was
necessary TO send him to Bellevue Hospital. on
the table lay dispossess notice. The neiehbors
say that John Walsh, the husband of the woman
Is longshoreman, earning good wages but that
Mrs. Walsh was almost continually drunk and
took no care of her home children. Walsh bad
not been seen about the house for four or Ave
days. The boy George committed by Magis-
trate Mott TO the of the Gerry society mend
ing effort to find the father.
New-York tribune., 1900-04-06

MOTION TO EXPUNGE GRAND JURYs
CHARGES AGAINST DISTRICT ATTOR-
NEY TO BE HEARD TUESDAY

The argument the application of District At
torney Gardiner to have the presentment of the
March Grand Jury expunged from the records Of
the Court of General Sessions yesterday post
poned until Tuesday
Samuel Untermyer. counsel for Colonel Gardiner.
when the case was called by Judge Foster in Part
1 of General Sessions. stated that he prepared
for argument, but that the Attorney-Gene was
not. Owing to the rush Of business which the
Attorney General has, he could not be present and
argue the yesterday. Mr.. Untermyer said he
willing to have the postponed, though he
desired an immediate argument, provided that the
presentment not brought before Commissioner
Wilcox until the case had been disposed Of by
Judge Foster What he desired stipulation
that the presentment should not be brought before
the Commissioner.
Deputy Attorney General Coyne told Judge Fos-
ter that the Acknowledgement realized the i'm
portance of the argument and did the
presentment stricken from the records. He said
that he did any necessity for stipulation.
The two cases. the presentment and the hearing
before Commissioner Wilcox, separate and
distinct and he intended that they should be kept
make the argument himself, but that pressure of
business would not allow him to appear before
Judge Foster then said that he had received a
telegram from AttOrney-Gener Davies, in which
and that he did not think that delay would
prejudice any OF the parties interested ana that
this was a sort of stipulation.
Mr. coyne persisted that it was not stipulation
before the Commissioner hearing the charges
Mr. Untermyer suggested that if the case was
brought up before Commissioner Wilcox he should
one days notice to the Attorney ey-Generai. Mr..
Coyne replied that this would make Mr.. Inter
Mr. Untermyer retorted that he would not ask
the Attorney-General whether he was injured or
New-York tribune., 1900-04-06
GOVERNOR SENDS HIS REGRETS.
DIsAPPoINTs METHODIST CONFERENCE
DELEGATES WHO EXPECTED HIM
AT THEIR RECEPTION.

The New-York Methodist Social Union gave a re-
ception last night at Grace Church. One-hundred-
and-fourth-st., near Coumtus-ave to the members
of the New-York Conference and the lay electoral
delegates. Nearly six hundred were present
1t expected that Governor Roosevelt would
be present he having accepted the invitation OF the
union some time ago. The following telegram, re-
ceived by President Samuel Williams, expressed
the Governors regrets:
Continued session of Legislature makes it abso-
lutely impossible attend reception Methodist
Social Union. Express my regrets and apprecla.
ton of honor of invitation but being last night Oh
legislative session l cannot leave here.
THEODORE ROOSEVELT.
The second days session of the 101st annual Con-
ference opened yesterday morning in St, Andrews
Church, in West Seventy-sixth-st., Bishop Warren
presiding The Rev Dr. C. w. Mard, of Yonkers.
reported for the New-York District. DR.. Millard
said that there need of system of recon-
struction in the New-York District between Eight
eenth and Fifty-ninth SITS. He would not specify
Just what was needed he said, because he did not
know lust what the changes would be- But the
churches should accommodate themselves to the
conditions
The Rev H. c. Heldon, of the Boston Theological
Seminary, spoke of the policy of the seminary in
permitting the study of the higher criticism ne
study of the higher criticism carried on at the
Boston Seminary he said along with a genuine,
hearty, evangelistic spirit. Driving out a single
professor from seminary or putting the ban upon
New-York tribune., 1900-04-06
newspaper article asking you II you had inspired
It, shaking his hst in your face and asking II you
desired peace or WARP"

newspaper article asking you II you had inspired
1t. shaking his fst in your face and asking II you
desired peace WARP"
IF he had shaken his fist in my face once ne
never would do II again"
What was the result of that interview!
L came TO the conclusion that he was the hght-
est ..nd weight gn,, man ma H. | have ever met s,.
IT is my disposition
II is not your reputation"
IT Is my preference You must not judge Always
by reputation"
The Recorder was about to make some state
ment when Mr.. Untermyer interrupted. You are
witness now not a judge"
Its good for some one l know, that am not, y
retorted the Recorder.
There is only judge here" continued Mr.
Untermyer.
Not three" interjected Mr. Coyne.
corder.
The alluson Mr.. Untermyer's reported aspra-
tions to the Supreme Court bench raised a laugh
to understand. He asked an explanation. but no
one volunteered 1t.
Recorder Goff said he knew of no provision of
law that authorized a judge TO close the court
during charges TO the jury, but he held that a
judge had the inherent right to preserve order
and prevent the spectacular entrance Of District
Attorney torn I preceded by policeman in uniform like
What is your feeling toward the District Attor-
ney?
''Only one of pity
Not one OF dislike and revenge?"
I tell you sir. leaving persihage aside that
feel only pity for Mr. Gardiner for the trouble he
And you have not helped to bring trouble upon
him?'
Recorder Gon said Colonel Gardiner had asked
him more than once how matters going, and
the Recorder said he replied that he was not going
to act as nformer for the District Attorney.
"On occasion l told Mr.. Gardiner said the
Recorder, that the employment OF a certain young
man TO conduct important felony cases as 4 rep
New-York tribune., 1900-04-06
THE DAYS WORK AT PATTERSON.
DELEGATES CHosEN-BIsHoP
VINCENT HOPES FIVE YEAR RULE
MAY BE CHANGED

Paterson. April (specaD.-The Methodist Con-
ference met in executive session this afternoon
and elected II. A. Buttz, president of Drew Theo-
logical Seminary. at Madison; Henry Spellmeyer.
pastor of Roseville Church. Newark: A. II. Tuttle
and the Rev. John Krantz, presiding elder of the
Paterson District. ministerial delegates to the
General Conference to be held in Chicago in May.
half hours devotional service was conducted
at $50 m. by Bishop Vincent, who spoke on The
Studies in Pauls Epistle to Timothy"
At the morning session DR.. J. W. Hathaway;
secretary of the American Sabbath Union, reported
that President Mckinley and Secretary Hay have
ordered that the United States Building at the
Paris Exposition be closed on Sundays
The regular business session convened at $50 a. m
Presiding Elder Krantz, of the Paterson district
presented his report He convinced that the
Church lost many members each year through
carelessness and neglect. He regretted the deca-
dence of class meetings. The finances of his dis
Hubach. II. B. Leach. o. NJ West Arthur Lucas
and George Fountain We're presented for fun ad-
mission TO the Conference They will be ordained
ne said that he hoped the General Conferences
Wouid change the rule regarding the five year
sstant secretary of the Church Extension Society,"
addressed the Conference just before adjournment
The Newark Conference had given s75,G47 to the
society; The Rev DR.: Hathaway described the
work of the American Sabbath Union.
The Women's Foreign Missionary Society met
this afternoon. Mrs: John e Stevens the treas
urer reported that So 70l 10 had received from
the churches in the four districts legacy of 81 $50
from Judge Smith had also been received Mrs
society's good works. Mrs. Mary A. Danforth
returned missionary from Japan, told of her work
in that field.
Albert A, Anderson was received into full com
munion by the Conference late this afternoon. An
ciety and of the Freedmen's and Southern Educa
ton Society were held tonight.