davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1901-08-11
DISPUTE ABOUT AN AWNING
Its Ownership Decided From AMONG
Several Claimants.

A unique case was before Justice j.
barton Miller, of Georgetown. Yesterday.
growing out of the sale of an awning.
Davis & Harper were plaintiffs and
Dement, & Padgett defendants. The
court room was crowded with witnesses
The plaintiffs claimed s14, the value of
an awning alleged to have been sold To
defendants. The latter claimed that thew
had never agreed to purchase the awning
and that the plaintiffs had bought it of
one b. w. Barnham, who had purchased
II of Copeland. the awning maker; that
Barnham had never paid for it; that
copeland bad asserted his ownership on
the removal of Barnham from the prem
lses, and that pending the settlement of
the controversy regarding ownership they
tthe defendants), though they had moved
into the store lately occupied by Barn
nam ana used the awning. refused to
negotiate with Davis & Harper the al
legged owners 1t was shown that the
plaintiffs had repeatedly sent bills for
the value of the awning to defendants,
which were always returned.
Mrs. Mary \, Schwartz, the owner of
the premises rented by Dement, & Pad
gett, gave the case another phase by
claiming the awning. as she asserted it
was attached to the freehold. The de-
PENDANTS were represented by Alexander
Fl. Bell.
The justice held that Davis & Harper
had failed to prove their case: that Cope
lands action was against Barnham: that
he had no legal claim to the awning; that
the awning belonged to Davis & Harper
by right of purchase and as their prop
erty could be removed.
1t is understood that now, as Davis &,
Harper's ownership has been recognized.
Dement, G. Padgett will enter into nego-
tiatons for the purchase of the awning.
The Washington times., 1901-08-11
THE PRATHER WILL FILED.
Valuable Property Bequenthed to
the Immediate Family.

By the terms of the will of Joseph
Prather, dated January Is. 1891, and a
codicil dated August l. 1901. which were
filed yesterday for probate. he directs the
following disposition to be made of his
estate: .xraf
To his son, Jesse iJ.. Prather, lot No 12G.
in square No. 237; to his daughters, Lyle
}. Baird and Josephine +. prather, lot 50,
in square No. 242. The remainder of the
estate is lett TO the testators wife, Mar
tina J. Prather WHO is Also named as ex-
ecutriX. Upon the death of his widow
the testato" directs that the estate shall
be divided equally among his children.
N1e codicil ratiteS the terms Of the Will,
with very few EXCEPTIONS
In the division Of the estate after the
death of the test;Itor's wife the devisee
requests that his real property in the
District be allotted as follows: To his
son, Jesse J. Pratbsp part Of lot S. in
square Az. part OF lot 10, in square Al
and lots a to 81. i'll square 5l2; to his
daughter, Josephine Il. ,Prather. lot l, in
square 5i5. part Of lot q In square 5la
lot II. in square i53. part of lot y. in
square 5l3 part Of lot %. in square 5l3
being premises 100 and 1924 Fourth Street
northwest; to Lyle J. Baird, lot 2. in
square 5l3, lot 46. in square 5l3. The re-
mainder of the estate. il is requested. be
kept by the children, as a whole for fu-
turc division.
The Washington times., 1901-08-11
ALLEGED DEPREDAToRs HELD.
baltimore Detectives Say the De-
fendaufs Lived I'm Tint City.

On a charge of depreciation on private
property, Louis KENNEL Daniel Kirby,
and Samuel Barnes, who were arrested
early Friday morning by Policeman Nc
Quade on suspicion of having attempted
to break into a show case in front of the
Bon Marche, were yesterday committed
to jail to await hearing in the Police
Court Tuesday morning. The case on
which the present charge is based in
wolves the entrance into the house GIG
Twelfth Street northwest, and the car
rying off of water and gas fixtures, bath
tub lining. and all else portable, involving
a loss of $50 to Mrs. Elizabeth C. Dufief,
the owner of the property. Detective
Herndon, who worked up the case, has
several witnesses who say that they saw
the accused leaving the house in ques-
ton about 1880 o'clock Thursday morn
ing with suspicious looking packages in
their hands.
Captain Boardman received commun-
ication from the Baltimore authorities
yesterday, giving the record of the two
boys, who it is believed are residents of
that city and not Philadelphia, as they
stated at the time of their arrest. The
real name of Barnes is George w. Watts.
He was arrested by Detectives POhler
and Humphrey in Baltimore, February t.
1900, charged with breaking the show
window of B. T. Rabbit, of 122 North
Howard Street. and stealing forty plat
ed charms. rings. and bracelets, valued
at $3.50, tried, and, on being con-
victed, was sentenced to one year in jail.
John ]. Klincke, who was convicted at
the same time of having assisted him,
was sent to the house of correction for
a similar term. Kirbys real name is
Thomas McEneany. He was arrested in
company with William Jones, colored,
August IA. 1897, charged with breaking
open the show case of Bently NJ. Melvin,
427 East Baltimore Street. and stealing
shirts He was convicted and sentenced
September l. to eight months in jail by
Judge Stock bridge
The Washington times., 1901-08-11
A PECULIAR LOSS OF MEMORY.
Murray Anxious to Return Home
After His Experiences Here.

A peculiar case of loss of memory was
brought to the attention of the police
yesterday morning, when Joshua F. Muir
ray, who afterward said that he was
thirty years OF age, and that he was en-
ployed in the chemical works at Amber.
Pa was found in an unconscious con-
dition on the commons in Southeast
Washington with a badly confused wound
of the face At the hospital where he
was taken it was said that he had been
suffering from an epileptic fit.
Murray was soon revived and told the
doctors that he did not know what
brought him to this city and that since
leaving Amber. which is between Phila-
delphia and Norristown, several DAYS ago,
he had no recollection as to what had
occurred When he had sufficiently recov-
cred he left the hospital with the IN
tention of returning to his home.
The Washington times., 1901-08-11
DR.. EDWARD KOCH
LEAVES GERMANY
and Is OH His Way to America.

Having been to Germany to investigate
the new treatment discovered for Con-
sumption and Asthma, he went to the
tuberculosis Congress, which met in Lon
don. England, last week. to discuss the
subject of how to cure consumption.
After the congress of physicians ad-
iuurned both Dr. Edward and DIR. Robert
Koch returned to Germany. where DR..
Edward remained until August 5, when
he cabled that he would sail for America
and will arrive here about August 10.
After remaining in New York about five
days he will visit all Of his American
offices. which are at 627 + st. N. w,
Washington d. c.; As w. I'D St. n. Y;
1884 Arch St, Philadelphia; sol N. Eutaw
St. Baltimore, Md; w. Court Square,
Asheville, N. c.; 40 Exchange St. Roch-
ester, n. Y: 2T7 Franklin St, Buffalo, n.
Y, and many other cities.
The Washington times., 1901-08-11
FEES PAYABLE IN ADVANCE.
Justice CIabauGh Rules That Imme
diate Settlement Is Proper.

In connection with the litigation over
the administration of the estate of John
T. Saffell. Justice Clabaugh yesterday de-
cided that all papers and documents shall
be paid for when offered for filing The
question came M on the petition of VIII
liam A. Young. who asked that Charles
II. Saffell, who was granted letters of
administration on the estate. be required
to show cause why the letters should not
be revoked.
The Register of Wills refused to Gocket
the return of the United States Marshal
for the District in the case until the fee
was paid. The matter was carried TO JUS
tice Clabaugh for Il judicial decision and
he ordered that the docket fee should be
paid by the party at whose instance the
proceedings were taken.
The Washington times., 1901-08-11
AN IMPORTANT TAX RULING.
Security Deposited with the State
Held to He Part of Capital.

John w. Yerkes. Commissioner of In
ternal Revenue. yesterday rendered an
important decision, in which he held that
trust companies doing a general banking
business must include as part of their
capital in their special tax returns
moneys required to he deposited as Sc
curity with the Treasurer of the State, as
required by State laws, before doing bust
ness.
The decision is made at the instance of
John w. Linsel, revenue agent. at Gin
cinnati.
Mr.. Yerkes states that the sum of $780,
OO0, required to be deposited in cash or
securities with the Treasurer OF the
State. by trust companies. should prop
erly be regarded as part of the capital
or the trust company.
The Washington times., 1901-08-11
SUIT AGAINST A CONTRACTOR.
A PIasterer Files II 10000 Claim
for Alleged Damages.

Albert Rusher. Il plIsteror. whose leg
was broken last winter while he was at
work. yesterday filed suit against Fran
els f. Smith, builder and contractor.
by whom he was employed, TO recover
$4,000 claimed as damages for his in
juries.
Rusher alleges that the platform or
scaffolding upon which he was at work
was carelessly constructed and a result
he fell and ore of his legs was broken.
He states that he was otherwise perma-
nelly injured T. l.. Jeffords IS named as
counsel for the plaintiff.
The Washington times., 1901-08-11
CAVALRY ON THE MARCH.
Two Troops From Fort Myer Cam
paignfng In Maryland.

Acting under orders from General
Brooke, commanding the Department of
the East, about 100 men of Troops l and
L. Eleventh Cavalry, under command of
Captain Brooks, left Fort Myer yesterday
morning upon a short trip into Mary
land for the purpose OF camping and
practicing with small arms
The two troops went as far yesterday
as Roekiy's farm, near Brunswick Md.
where they established a camp. They will
be absent from the fort for nearly q
month.
The Washington times., 1901-08-11
EASY FOR THE COOK.

As the warm days approach. 1t is well
to give some thought to an easy way to
prepare breakfast. a food that is already
cooked and simply needs to be treated
with little cold milk or cold cream, is
ideal on that point. and such food can
be found in Grape-Nuts, at 10 cents per
package.
1t is sold by all grocers. and is so
highly concentrated that not more than
three or four :easpoonfuls are required
for the cereal part of the meal. This
makes the food very economical and does
not overtax the stomach with great
volume.
The Washington times., 1901-08-11

obligation imposed upon you as
commissioned officer of the Navy of
the United States. which 1 accordingly
do"
The letter to ex-senator Chandler fol
lows:
The Washington times., 1901-08-11
A RBPRIMAND FOR EVANS.
The Rear Admiral Censured for
His Attack on Chandler.
Acting Secretary Hackett Informs
the Naval officer of the Depart
ment's DispIemsurc ut His Conduct
-Court-MartinI May he Demanded.


Rear Admiral Robley D. Evans has re-
ceived a scoiding for the uncomplimen-
tary manner in which he referred to his
former chief, ex-senator William L.
Chandler, in his recently published book,
"a Sailors Log" After the matter has
been before the Navy Department for six
weeks or more it has suddenly been taken
up and acted upon.
The cause which prompted the depart
ment to reprimand Admiral Evans at this
time is somewhat of a mystery, and 1t is
limited that ex-senator Chandler may have
made some further demands that the case
be considered. His first letter to Secre-
tary Long was written six weeks or more
ago, and Admiral Evans was not called
to account. Then on July Is Mr.. Chan
der wrote another letter, which is said to
have contained very entertaining reading
matter, although 1t was never published.
Secretary Long had this letter for two
weeks before he left Washington upon his
vacation.
Several days after Mr.. Hackett took
charge of affairs at the Navy Department
as Acting Secretary he discovered the let
ter. and declared that 1t was written in
Mr.. Chambers characteristic style, and
fun of fire" 1t was then said that the
letter did not make any demands for a
court-martial or anything OF that kind,
and that it would be left for Secretary
Long to dispose OF.
On Friday last, however it was taken
up by Acting Secretary Hackett, who
wrote letter to Admiral Evans repri-
handing him for his language used
against the former Secretary of the Navy,
saying the act is the more reprehensible,
in this instance, because of your long ex-
perience in the service" This leads to the
belief that Mr. Chandler. after having
waited a reasonable time, may have made
a still further demand that action be
taken upon the matter.
Acting Secretary Hacketts letter to
Rear Admiral Evans is as follows:
Navy Department
washington, Aug. 9. 1901.
Sir: The Hon. William r.. Chand-
Ter, President Of the Spanish Treaty
Claims Commission, lately a Senator
of the United States, and formerly
Secretary of the Navy. has complained
to the department. as you are aware,
of certain structures upon himself in
your book entitled a Sailors Log.
THE structures i'm question are in
the nature OF aspersiOns upon the Off
cial conduct of the then uSsi) Score
tary of the Navy.
THE text of your book il is not nee
essary here to recite Nor Is 1t need
full to ask of you an explanation why
you felt yourself justified in publish
Ing what you have. 1t is obvious to
any reader that you speak extensively
OF Secretary Chambers action. that
you impugn his motives, and other
wise traduce him in respect to orders
given you by the Secretary in the dis
charge of the duties of his office.
You are informed that this deliber-
ate publication of yours has justly in
The Washington times., 1901-08-11

Admiral Evans Immediately acknowl-
edged the receipt of the letter from Act
ing Secretary Hackett. Mr.. Hackett was
not disposed TO enter into the contro-
yersy. as he had been absent from the of
flee when 1t began and the case was in
the hands OF Secretary Long. Another
reason why he desired to have nothing
to do with It is that he expects to retire
from the office soon. 1t is said, however,
that Secretary Long requested that he
take up the matter and act upon it, and
accordingly Admiral Evans has been CEN
sured.
Whether or not this action will close
the incident is an uncertain question. Mr.
Chandler may still insist that Admiral
Evans be tried by court-martial for his
conduct, and Admiral Evans. on the other
hand, may request court of enquiry to
determine whether or not he was guilty
of any unbecoming conduct in writing
what he did especially as ex-senator
Chandler Is now a private citizen and had
not been connected with the Navy De-
partment for many years. Admiral Ev
ans has insisted that ex-senator Chandler
is a private citizen and that therefore in
criticising him he committed no breach
of discipline.
The Washington times., 1901-08-11

Washington. ID. c.. Aug. 9. 1901.
Hon. William q. Chandler, Water
loo, n. II.
"Sir: Referring to recent correspond
ence upon the subject of alleged
structures made by Rear Admiral Rob
ley ID. Evans upon the conduct and
motives of the Secretary of the Navy
in 1854, published in his book entitled
"A Sailors Log l have the honor to
inform you that the department re-
CARDS this action of Admiral Evans as
deserving of reproof
Accordingly the department has
censured that officer. as will appear
from copy Of letter to him of this
date. herewith enclosed.
Il have the honor to be, yours, re-
spectfully, F. w. HACKETT,
Acting
The Washington times., 1901-08-11

$I.25 to baltimore and Return Via
II. & o.
Saturday and Sunday, August 10 and IL
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1901-02-28
News of the Courts

ing but little left he did not lock the
safe. He says he always thinks that
if het hasn't much money in the safe
it is better to let any possible maraud-
er get it without destroying the safe
and he will have at least his safe left
when the burglar gets through There
was some scrip in the safe, but Mr.
Burglar was sharp enough to know
that to try to dispose of that would
give a clue to the perpetrator of the
burglary.
To get to the safe from the place
where the entrance was made the in
truder had to make his way through
two dark Easements and up flight OF
stairs He undoubtedly had a light or
knew the way like blind man knows
the streets of the town where he has
lived all his life. for there could be no
darker place imagined than those
Easements are in the night and there
was not a burnt match on the floor
this morning.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1901-02-28

A letter has been received by the
chamber of commerce from DR.. VIM. b.
Phillips professor of field and econom-
ic geology in the University of Texas.
in reference to the action recently TAX
en- by the chamber of commerce in
adopting resolutions favoring the pass
age of the bill providing for a mineral
survey of the state. Prof. Phillips
says:
Il am greatly obliged to you for the
interest you are taking in the mineral
survey bill and for the action of the Ell
Paso chamber of commerce.
1T has been of distinct value to us
in connection with this matter and
coming, as it did. entirely unsolicited.
it is particularly acceptable.
1.-The bill passed to engrossment in
the house by a majority of two out of
a total of 80. What will be its fate on
the third reading no one knows. In
the senate it has not yet been engross-
ed. although it has been discussed to
some extent.
Il do not lose hope until the last
possible chance has been taken and the
matter disposed of finally. The mem
bers of the Legislature from your part
of the state are helping us and Senator
Turney has been especially active. We
shall see what we shall see.
Il have made up my mind to one
thing. even if the bill does not pass I
shall spend a part of the summer in FL
Paso county on my own account, look
ing into things there and lending my
help to the development of the mineral
resources of that part of the country
Secretary Russell also informed The
Herald that the secretary of the South
west International Miners association
has received letter from Governor
Ahumada, acknowledging receipt of
newspaper articles recently sent him
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1901-02-28

No remedy in the world means so
much to the sick and suffering as
Paine'S Celery Compound.
No remedy in the world has been in
dorsed and recommended by men and
women whose only motive is their love
for their fellowmen, and the hope that
what Paine's Celery Compound has
done for them. it may do for the read
ers of their testimonials.
Paine's Celery Compound is not a pat
ent medicine. and must be distinguish
ed from patent medicines. 1t is pre-
Scription which is put within the reach
of every man and woman in the civil
liked world-the prescription of the
greatest of American physicians-the
browning result of his years of study
and experience. 1t is the wonderful
prescription of Prof. Edward E. Phelps,
NJ. D., LII. D.. of Dartmouth College.
The following letter from Bishop
Michaud, one of the ablest priests in
the Roman Catholic church in this
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1901-02-28

stating the action taken by the execu-
tive committee of the Miners associa-
ton with the object of sending an ex-
hibit of minerals to the Pan-American
exposition. Governor Ahumada says:
Il shall take great pleasure in doing
all in my power to aid the association
to carry out it's plans for sending an
exhibit of minerals to the Pan-Ameri-
can exposition at Buffalo,"
Said Mr.. Russell further:
1T seems to me very important that
the people of this mining district
should make every effort for proper
and representative exhibit of the min
eral resources of this region at the eX-
position. L know of nothing so con-
ducive to the development of this coun-
try as a result of the advertising it will
receive. We have the nucleus for one
of the finest mineral exhibits in the
country and all it needs is interest and
action in the matter from the people
interested in the improvement of this
country Then we have been asked to
send some of our grapes there. While
the agricultural industry of this sec
tion is in rather a languishing condi-
ton at the present we should make as
good showing in that way as we can.
The soil here is fertile with plenty of
water under it. and when the people
quit waiting for the dam and go to dig
ging wells this will become one of the
finest agricultural sections anywhere to
be found"
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1901-02-28

rely upon Paine's Celery Compound as
tonic and strength-giver.
In my own household, one of the do
mestics has taken Paine's Celery Com
pound for liver trouble of long stand
ing, and says: 1T has done more good
than any other medicine"
Several priests have spoken to me in
praise of this remedy and 1 believe it
has the confidence of my associates
Even did 1 not know from personal
observation of the worth of Paine's
Celery Compound, should feel like
praising it for the simple reason that it
is prepared by the Wells & Richardson
Co.. firm whose members 1 have
known for nearly a quarter of a CEN
fury. and in whom 1 have perfect con-
fidence. Very truly John s. Mchaud.
Coadjutor Bishop of Burlington.
There is no household in the land
that can honestly afford to be without
this remery. 1t is a simple matter to
test its astonishing efficacy.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1901-02-28
He is One of Our Pioneers, and Maybe
He Will Come Back Some Day.

E. A. Stewart, owner of the Pioneer
Grocery store, is in Ell Paso on a bust
ness visit.
Mr.. Stewart lived in Ell Paso when
it was a small western village and first
opened a store here in a tent Several
years ago he placed his property in the
hands of agents and went to Los An
geles. He engaged in business there
and made a fortune but was still dis
satisfied and moved to Seattle, Wash,
where he now resides.
Mr.. Stewart says that Seattle is the
best town in the country except Ell Paso
and if he ever moves from there he
will return here He is an old friend
of "A. p. Coles, the real estate man.
Mr.. Coles told a good story on himself
this morning when talking about Mr..
Stewards career in FL Paso. Mr.. Coles
came here from Tennessee when Mr..
Stewart was running a grocery store
and the first job he had in Ell Paso was
IN that store. Mr.. Coles was not used
to measuring sugar and coffee and
Stewart fred him after weeks trial.
Now. however. Stewart is renting a
building from Coles on San Antonio
street and the two are as good friends
as ever.
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1901-02-28

country, tells on its face of his kind
hearted desire to be of service to the
people, and breathes a sincerity that
can leave superiority of Paine's Celery
Compound over all the so-called rene
dies that have recently been clamor-
ing for attention by adroit and snowy
advertisements:
Wells & Richardson Co..
Gentlemen have been asked why I
recommended Paine's Celery Com
pound, and I desire to put on record
frankly my reasons for this endorse
ment. hoping that my words may in
spire those readers who need health
and strength with faith to try Paine's
Celery Compound and prove to them
selves its worth
At the Fanny Allen Hospital, an in
stitution in which 1 am deeply inter-
ested. Paine'S Celery Compound has
been used successfully.
The Sisters of Mercy at Mount st.
Mary's Academy, on Mansfield Ave,
El Paso daily herald. (El Paso, Tex.) 1881-1901, 1901-02-28
DUKE OF MANCHESTER, WHO
SPENT a DAY HERE. WILL BE
SUED ON SOME PUPS.

NEW YORK, Feb. est is announc-
ed today that the Duke of Manchester
He had bought the animals but had
not paid for them. The dealer de-
manded his money. The duke said he
didn't have the stuff. The father-in-
law also refused to pay the bill.
The duke. however. started to take
the dogs to England with him. The
dealer grabbed them on the way to the
steamer and will also sue his grace.