ErrTSBOTynATOH, satdedat - ootoberio; ism;.
SHAKESPEARE'S TOMB.
Wakeman the Wanderer Visits the
Bard's Birthplace and' Grave.
M-OLMOWtf IN MODEM SETTING
Respects Are Paid to the Ancient Cottage of
Ann Hatha-way.
ENEELING'IN THE OLD CHTJRCHTAED.
rCOBBESrOSBEUCE OPTHI DISPATCH.
ETTtATFOBD-ON-AvoN, Oct. 1. If there
thall ever 3ppear a true and comprehensive
Narrative of Dreams, I think it -will be
found that-one of the most frequently re
curring experiences of dreamers is that they
seem to lack, the power of close and genial
companionship with the voiceless person
apes whom they meet in sleep. There is
ever a filmy veil of unrecognition even
where recognition seems most complete:
and atwaking there is always the sadden
ing longingto have seen clearer, to have
got closer, andto have more firmly trod or
clasped tho outstretched band.
Something akin to this tende feeling of
unrest and vague consciousness of unful
fillment possesses you in this sweet old
town of Stratford-on-Avon. From first to
last the entire experience is tinged with the
nature and wrought in the very tissue of
dreams. It has been your dream to some
time know this greatest of all literary
shrines. Yfhile you are within its strange
influence, you wander and dream as. in the
actual region of dreams, among dream-bom
folk who are themselves dreaming within
the dream.
OItB ASD JTEW-INCONGRUITIES.
If you come to this shrine by railway
and its interminable changes, giving you
glimpses of all forts of midland towns, from
ancient "Warwick with its stately battle
ments to Leamington with its modern glit
ter, you have reached a pleasing state of
confusion not remote from the vagaries of
dreams. If you have coma to the place on
the box of" one of those 'famous coaches
which spin to various points of interest
throughout th shire, von will have seen in
a lew Hours a countless succession ot the
most beautiful and dreamful countryside
pictures in England. And if you should
come on foot for tho 11 miles, as I did, along
the hard, white highwav from "Warwick,
underneath an almost unbroken archway of
oltn, through the crisp yet drowsy atmos
phere of an English midland autumnal
morning, there is still surrounding you the
glamor of bewitching unreality you cannot
and would not dispel.
Tramping over this witching way, what
a flood of historic memories sweeps in with
the breath of the rosy morning I Hero
Bpon this noble eminence, with historic
Clopton House to the right and Hampton
Lucy to the left, beneath the arching pirns
is caught the first glimpse of the valley of
the Avon.
THE EIYER, TOWN AND TOMB.
rrom away in the northeast winds a
thread of silver. It broadens as it disap
pears ana reappears in its course toward
the Severn, and is finally lost completely,
where, above a mass of elms and limes and
xed-tiled roofs, rises a slender srire. The
silvery thread is the Avon. Tho mass of
elms and limes and red-tiled roofs is Strat
ford. The slender spire of its Holy Trinity
Church marks the tomb and shrine of the
world's immortal bard.
Loitering here the old days, places and
stirring scenes fit quickly into the wide
horizon rim. The three spires of ancient
Coventry can almost be seen, not far away
to the north: Covertly with its legends of
pilerimages and the" deed of fair Godiva
which brought freedom from the oppression
of her fierce, grim lord to the people of her
well-beloved town. The grand ruin of Ken
ilworth, with its mcmoiies of jousts, tourna
ment and revelries of Elizabeth and her
favorites are nearer still. Orav old "War
wick, with its walls still as mighty as in the
farioHt times of the third Henry, is just be
hind you to the "north. Over to the west
Evesham' and Tewksbury recall a grewsome
tale. Only 15 miles to the north, just at the
edge of Oxfordshire, the first great battle
between the King's and Parliamentary
forces was fought-
tniEni: tiie qceen op scots died.
Not far awav, in Northamptonshire, is
l'othcringay, notably connected with the
lives and fates of princes, and famous and
infamous as the place of execution of Mary
Queen of Scots.
ISelow Edge Hill is Uanbury of cherished
Hurtcrv-rhyrne memory, to whose tooth
some cheese Shakespeare likened Falstaff,
for his rich and unciious habit. It is but a
few raile away, just oer there in North
ampton, bevond the ivj-hid Rugby of "Tom
Urown's School li," that the Avon
springs from the hills about Naeby, where
Cromwell and Fairfax drove the hapless
Cliarles from his throne and kingdom.
Sixty-four great seats w ith their castles or
halls, "from Allcle 1'ark to AVroxall
House, beside many fine cathedrals and su
perb monastic and castle ruins, cluster close
within the shire. Tho chimneys and mina
ret turrets of one rise above primeval
trees down there to the east in the dreamful
Avon valley. The mprk old Charlecote,
scene of a certain rhj mine poacher's esca
pade. And this same Charlecote once stood
in the greatest of all British forests, the
forest of Arden. whose name and famo can
never grow old, so long as the fair and ten
ier Hosalind and all the other w income brood
m "As You Like It" shall repeat their wise
d wondrous human truths to those who
jwn and love the Englisn thought and
ongue.
NOT A nfs.TI.ING TOWN.
As you descend into the old town ecrv
tliingis ttrangely still. On the way vou
oe a few blackbirds hopping sagely among
tiie stubble, close to the sheltering hedge.
Hpre and there a wary pheasant that has
-scaped the annual autumnal slaughter
whisks into the road, trots along its grassy
order for a little, and then as suddenly and
ilently disappears. The kinc are sleepily
hewing their cuds against the farmhouse
tvres. A few "stooks" of late-gathered
rain are huddled in the little fields. The
moke ascends faintlv from the chimneys of
yjttage and hall. They are late risers,
hese English folk, and the low sun is far
ip in its slender aro before dwellers give
ign of being astir. Eenthe sable rooks
lut l.ai.nf i r1if1 trnc ftnrl IimyIi riln
himneys of ancient demesnes, rise slug-
.ishly Irom their maing, wneel lazily about
t, and settle down quietly again, not yet
eady to unloose their saucy, chattering
ongues.
You know, as evervbody knows, when
ou have come to the little closely-hedged,
tied houses, where the open highway has
aereed into a long, .picturesque though
urable btreet, that were you to remain m
tratford lor a month's time there'could be
nly just the half dozen places immediately
Jentificd with Shakespeare, to visit the
ease
WHERE UE WAS BOEN,
he vacant site of the house where he lived
t Nexv Place, the church where he is
Bried, Ann Hathawav's cottage, and the
teworial fountain and theater. And while
on could 6ee these in an hour's time, the
apule, now that they are so near your
en, is to avoid tlarn; to wander awav
arough the town for a little at first, and
Sake off the dreamful captivity of it alL
You are now in the center of Stratford, on
ligh street. Yon suddenly recall the curi
us fact that in all the hundreds of English
v.vnsyou have visited, you have alwnvs
nmd a High street, and that every place of
itcrest to he seen, as at Stratford, is only
few moments' walkfrom every othcrplace,
5 or on this old lamihar High street. Here
an open space, the ancient "raercate
jnare." Jagzed, zigzac thoroughfares lead
. it from outlying picturesque spots aud
lartcrs.
All about are half-timbered houses pro
jecting story over 6tory, into the market
place; and you wonder how long before,
from sheer age, they will tumble, red roofs
first, over into the clean, cool square below.
Quaint shops, just now opening, are pinched
in between staid old mansions. Bandboxes
of inns, scores of them, each striving to out
do the other in curious name or escutcheon
suggestive of the one memory of the slumber
ous old town, speck the gray facades with
gilt and color.
HAUNTS OP THE BAUD.
Down one of those streets, old Henley
street, through whose windings a glimpse
ot the uplands is caught, you know is to
be found the house of all others in Strat
ford. But you turn in the opposite direc
tion. You pass an ancient inn named for
the bard. Each of its rooms is given the
name of some one of the characters he cre
ated. Old stone houses with the oldest of peaks,
gables aud pent-houses over huge oaken
doors are passed. At some, old men and
women are nodding, even in these morning
hours, at the open windows.
A few steps among the graves beneath
huge elms bring you to the river side, for
the Avon he loved laves the sides of the
churchyard walls. It is so still and silent
here you feel that the very spirit of the
stream is hushed in obeisance and reverence
for the spot its waters are passing. On the
farther side are long, lonesome meadows.
A few sheep are grazing there. "Up the
stream to the right, above the masses of
trees and tiles, looms the huge, obese
Memorial Hall. You resent it, as you have
already turned away from the perky white
louutain in mellow old High street. Every
thing modern here that seeks to memorial
ize men or committees of to-day through
fantastic memorials to this very sun of the
English race and tongue, hurts you with its
brazen impertinence.
ANN HATHAWAY'S COTTAGE.
A footpath leads to a mossy wooden
image, iou cross this, take to the
meadows, with the river, church and town
to your left, and cross the fields to Shottery.
Here is a typical English village, criss
crossed w ith stone w alls, and hedges cut in
high box patterns, and brown with thatched
roofs, so old that birds and mice use them
for nests, while wild flowers and weeds
grow luxuriously upon them.
Instinctively you approach the oldest and'
quaintest structure in Shottery. Its gable
overhangs the lane. Its south side faces a
maze of vines and flowers; and four tiny
windows, hooded by the thatching, peep
over into the breeze and bloom. It is Ann
Hathaway's cottage. A pleasant old
woman, whom you feel must have known
the maid and man, hustles abont; shows you
the interior; the ancient "settle" where the
love-makintr was done, the visitors' book
with its priceless autographs, even the heir
looms of linen more lasting than effigy or
cenotaph of stone, the while chatting
cheerily, as if the lids of time always
opened upon her, as upon a bright and
stainless page. But you have not heard
what was saiil The old lady's words have
blended with the autumn voices without.
The voices you have heard came trembling
down the silences of more than 300 years.
MIAKESrEABE'S MODEHNIZED HOUSE.
Back across the Avon, as you stand before
the birthplace of Shakespeare, a spruce
enough structure since its "restoration,"
with gabled porch, an Elizabethan window
in the next story, and a peaked dormer
window outjutting" from the steep-pitched
roof above; all with a pretty garden at the
side aDd back. It seems a long time before
the jangling bell is answered. Finally
another beaming old lady appears and you
follow her silentlv within. There is verv
little to see; incommunicable things to feel.
There are two rooms below; and two
above. One of the latter is a sort of'
museum, and you find little interest here. .
In the other, the hard was bom. hich
fact thrills you most powerfully that here
first saw the light of day the great revealer
of humanity to men. or that the once white
wall is black with the names of great and'"'
mighty of all lands and climes, who have1
come "and reverently left these signs of'
tribute to what was soimmortalty revealed
Yet how little is there for simply the
eves to look upon the interior of a modest
church of the thirteenth, fourteenth and
fifteenth centuries, cruciform, with central
tower and spire, and aisles to the nave only;
a narrow chancel inclining strangely to the
north: ancient oaken pews with curiously
carved misereres beneath.
KNEELING AT SHAKESPEARE'S TOMB.
The evening descends and the last soft
foot-fall has recrossed the worn stone thres
hold and pissed like a whisper over the
wind-strewn lime-leaves beyond. The an
cient verger dons his hat and jangles his
keys. Like a wraith of your own dreaming
self, vou pass swiftlv to the chancel and
kneel in the darkening old church beside
one grave for a moment alone at Shakes
peare's tomb.
Once wliciea spray of apple bloom,
Hunpro'er mv garden wall
There came a vagrant oriole
To flood the music ot its soul
Full iu my open-windowed room.
A fleck of gold, with voico of lnte,
Within m casement swune
Sly own sweet prisoned singing-bird
W iioe tribute, w hich the master stirred,
Left it aghast and mute.
Thus came his flight and canticle,
Flooding SongN daw n w ith Day.
Thus w e, uthrill and tribute-stirred,
Like ray poorpiisoned singing-bird,
Falter lo e-duuib and still.
Edgak Ij. Wakemait.
CLAY All about Casslns 31. Clay's famous
duels and his narrow escapes from assassin
ation, from his own lips In Till; DISPATCH
to-morrow.
SEE HfcAENE
Before You Bay a Lot.
Employment here for workers, business
for merchants and tradesmen and large
profits tor investors. Do not be carried
away by large advertisements and glowing
promises. Blaine is on the navigable river,
in the valley of great factories and success
ful towns, and her immense safe works, now
Hearing completion, will give employment
to more men than 20 establishments such as
arc claimed by competing "manufacturing"
towns. Blaine extends an invitation to
everyone to visit and investigate her site
and resources.
Call for free tickets at 129 Fourth avenue..
The Buikl Land Impeovement Co. '
D
A Building Question Settled.
The Pittsburg Tiinc building on Fourth
avenue, which has been so delayed in its
construction during the summer, will now
be pubhed to a speedy completion. C. A.
Italph, the builder ami general contractor,
has been much annoyed and delayed on ac
count of his sub-contractor for the iron
work being behind. The iron work for the
entire eight stories should have been com
pleted Octobe. 1. This delay necessitated
.Mr. Balph filing a bill in equity to rescind
the contract with the sub-contractor. Tho
parties, however, have, within the last day
or two, adjusted their differences by Mr.
lorris. the sub-contractor, withdrawing
from the work. Mr. Balph says he will
now have the iron w ork completed under his
own immediate direction.
A Typewriter Tree.
To-day with every safe of boys' Clothing
of So or up wc will give a tvpewriter free.
It is something more than a tov. See our
advertisement to-day for three prizes to be
given away on No ember 1 to the boys who
make the best use of them. Gusky's.
Exposition Offering.
Your picture free, and handsomely
framed, given away during the Exposition,
by Hendricks & Co., Xo. G8 Federal street,
Allegheny, with every dozen. Cabinets, SI.
EEAL ESTATE SAVINGS BANK, m
401 Smlthflcid Street, Cor. Fourth Aienue.
Capital, 5100,000. Surplus, ?G'J,000.
Deposits of SI and upward received and"
interest allowed at 4 per cent. its
Mes. Willow's Soothing Syrup reduces
inflammation while children "are teething.
25c. TTSWfc
FOE WOMEN TO READ.
lady Dixie's Ideal Walking Costume
Is Not Outlandish.
HOW FASHION HAS PROGRESSED.
The -Continental Dress Authorities
Eeep Their Secrets.
Still
ODDS AND ENDS FEOM ALL SOURCES
Perhaps just now, when so much is "being
said about dress reform, it may be interest
ing to recall Lady Florence Dixie's idea of
an ideal walking costume for women. A few
years ago, says the Ladie s' Journal, she began
a vigorous crusade against the long skirt.
"The bugbear skirt," she calls it, "hamper
ing the limbs, the spouse of mud and dirt"
She does not want women to adopt the
garb of men, because it is ugly. She says:
"I unhesitatingly declare that the day is
fast approaching when the hideous and
senseless long skirt will die a natural,
death. I am not an advocate of trousers for
women, for I think trousers are hideous at
any time." But what she does advocate
very strongly and earnestly is the general
adoption for street wear of a costume
similar to that which she herself
puts on when in Scotland. It consists of a
flannel shirt, knickerbockers, a short kilt
skirt and loose jacket, a style of dress not at
all strange or novel except in its adaptation
to general wear. And it is the lack of start
ling originality in the idea that is one of its
chief recommendations. For it is the odd
ness and unusualness of most of the pro
posed reform garments that cause their con
demnation without trial and almost at sieht.
Very few women, however much they may
rebel in secret against the tyranny of their
present style of dress, care to mate guys or
spectacles of themselves by donning out
landsh costumes that have only a promised
and rather dubious possibility of superior
comfort to recommend them.
"Here is a contrast for you," said a fair
philosopher to the New York Tritmm, lay
in gon the table two photographs, one a
small faded "carte devisite, "evidently done
in the early stages of photograpy, and the
other one of the artistic and beau
tiful "imperials" of the present day.
'"How can people say that women are not
becoming more sensible in regard to their
clothes when they look at this evening
dress of to-day and that of 25 years ago?
The first picture was taken .from my aunt
in '6L She was a great beauty "in her
day, and no end of a belle. The other is a
portrait of Lady , who, you know, is so
much admired in England just now. I read
a description of this dress the other day, by
the way, and nothing could be more
delightfully simple. The front of the
gown is of white mousseline de
soie. drawn over a perfectly
fitting white satin robe cut en princesse."
A white satin tram and a deep flounce of
Valenciennes are the only garniture of this
costly simplicity, the jewels being strings
of pearls in the hair and around the neck.
The other dress, my aunt told me, was
cherry satin trimmed with white ribbon
(only fancy the combination!) with a he
flounced tulle underskirt, sleeves and bodice.
An elaborate head-dress of white artificial
flowers vas arranged on the 'back hair.'
The stomacher is one of the latest and
prettiest accessions to the toilet, and be
longs especially to this period of full waists,
making a very trig and effective addition to
the costume. The black velvet stomacher
is perhaps the most useful, although that
whirh matches the fabric of the gown is
much liked. These are as vet only worn by
j oung ladies and children, lut in our grand
mother's days they were worn by older,
matronly women, as the Copley "portraits
well attest The very high stomacher is
mot yet in evidence, but that which comes
'perhaps more under the head of the bodice
is paving me way tor tne more aggres.ve
sort which were of the olden time. Busks
are not used in the moduh stomacher.
The most charming of all the modes that
are prominient amont; the autumn styles are
those for evening and dinner wear. Silks
and brocades, velvets and satins are in ex
quisite design as well as quality and were
never prettier or perhaps more expensive,
for costly fabrics seem to be the rule for
indoor wear and will doubtless be during
the winter. They will take the place of
muslin chiffon aud the gossamer silks of
that youthful and esthetic sort fashionable
in the year just past. For very young girls
and th'c debutantes there are still lovely
fabrics even lovelier than last year, crapes,
figured and flowered, and the sheer silk
muslins of last year. Colors are .beautiful
also and follow those delicate combinations
that marked the Pompadour reign.
Monotony certaiuly cannot be charged
against the modes shown for next season's
wear. One became slightly wearied of the
jacket bodice, but the many modifications
of it which are now seen, together with the
newer princess models, furnish sufficient
variety. Even in colors it is confidently
predicted by authorities that no one shade
will have undue pre-eminence. .. The ten
dency is toward light shades, but black will
.l.n hn wnm in iiMi Tnnorjnlo TtrrtnrTe
tans, blues, grays-, greens, heliotrope, terra-
cotta, old rose in all their innumerable
modifications are to be worn, while in ma
terial one has choice for street wear of
either smooth, rough or ribbed fabrics. For
evening wear there are brocades in the most
exquisite tones, figured surahs and various
shot silks.
A European fashion writer says in a late
letter to the New York World: The Con
tinental authorities, with whom all the nov
elties are popularly supposed to originate,
have not yet divulged their fashionable in
tentions, but I have managed to hear that
sleeves are still to be large, that evening
fowns are to be trimmed with iridescent
eads. and that silk fringes are to be very
'much used and that is alL
The plain skirt will undoubtedly again
be worn, as no other style is so good for the
thick cloths and tweeds, but the art of cut
ting these receives more and more atten
tion. Almost every day there is some new
way discovered to make the plain skirt
more perfect The latest seen was cut en
tirely on the cross and had three seams
down the center of the front. This narrows
it well about the hips, which is much to be
desired. These seams are outlined with nar
row gimp or jet passementerie if made in
cloth or silk, but on tweed or cheviot a
An Autumn Jacket.
double row of machine stitching is the only-
nnisn.
The latest creation in the way of a bonnet
in Paris is a Marie Stuart bonnet, very
wide in the brim and 6mall in the crown,
covered tightly and entirely with satin,
like the'bonnets of the Directoirej On the
extreme edge of the curving brim, slightly
to the left, a little rosette and a couple of
"Prince of "Wales" feathers are placed, and
on the crown there is another rosette, and
this, with the narrow velvet strings, com
pletes the wonder.
The autumn jacket shown above is of
black plush, with yoke and collar of jet,
edged with feather trimming. These capes
will be very popnlar, as they are much
warmer than the cloth ones and have so
much more style.
Street and Window Signs.
Astrakhan in gray holds its own very
well.
Elzoakt gowns are lined with light weight
gros grain or taffeta.
Street costumes of light cloth consist of
gown, cape and toque to match.
Peacock feathers are mingled -with coque
and ostrich in feather trimmings.
Loso cravats of chiffon or laee completely
covering the bodice front are worn.
Erjiijjie Is again asking for favor and is
very beautiful when carefully used.
Steel gimps and steel beaded corselet belt
and fringes are worn on gray gowns.
A toke, collar and tabller of contrasting
material are seen in many smart gowns.
The gray moufflon is only another name
for lamb's wool and is exceedingly pretty.
Some of the new Jackets show sleeves long1
enough to cyme down well oyer the hand.
The most charming of boas is of white
lamb's wool and it is very fasbionablo also.
Black guipure lace over .satin for panels
and vest is used with visiting gowns
brocade.
T.ioht tan is still tho favorite shade for
gloves for street w ear. It accords well with
almost any colored costume.
Amoxo Parisian novelties in gloves are
icmbroidered and even Jeweled gauntlet
gloves, after tho mediajval fashion.
Pale green and pale roso suedo gloves are
shown, but the preference is for white and
cieani when light shades aie necessary.
TnE prettiest of all the ribbons is that
which is shot with a gold thread ono way
making a very pretty shimmering effect.
Pale blue is spoken of as a coming com
bination in small quantios with certain
shades of green. It is also combined with
tan.
Ombre velvetis seen both In millinery and
for trimming gowns. It is expensive, and
on that account likely to bo more or less ex
clusive. A somewhat striking novelty in rich even
ing materials i9 a heavy satin with velvet
peached and foliage in natural tones, scat
tered upon a cream ground.
The feather boa, which makes such a
graceful addition to an evening toilet, will
be as stylish as ever throughout the winter.
Very fine ostrich plumes are used, and some
exquisitely soft and fluffy ones are made of
ostrich and marabout plumage.
PAMIK Some facts about tho country
north of India that is now attracting atten
tion all over the world In THE DISPATCH
to-morrow.
A "Wonderful Bargain.
To-day we open up a new line of men's
light colored kersey overcoats in all the
latest shades of tan, Oxford, gray, blue,
wood-brown and black, also small mixtures
in the lot. They are silk faced or plain,
cloth collar or inlaid velvet collar, and
stylishly cut and made. To induce you to
call to-day we have marked them at the low
price of 10 each. You have choice of over
1,500 fine overcoats.
P. C. C. C, Pittsburg Combination Cloth
ing Company, corner Grant and Diamond
streets.
Klch Carving Sets.
Some new designs just out aud that have
never been shown before. This is em
phatically a man's gift and we can show you
some beauties. Be sure to call and ask to
-see them, at Haedv & Hayes',
. 629 Smithneld street.
Three doors from City Hall.
Novelties
In kilt overcoats. Never in our history did
we show a choicer line. An immense and
endless variety from which to choose.
Gusky's.
Oar && IS FnrTrimmed Jackets
Are the cheapest ever offered. See them at
Bosenbanm it Co.'s.
Gents' clothing cleaned or dyed in four
days at Linnckin's, C38 Penn avenue, Pitts
burg, and 174 Federal st, Allegheny, tus
Those who need a beverage will find the
well-known Pilsener Beer chemically pure
and free from adulterations. All first-class
dealers sell it. The Iron City Brewing Co.
makes it. Telephone 1186.
If Too Want
To see the largest and best selected assort
ment of suits in the city to-day, come and
look at what we are offering. Cheviots in
all the new designs, also a full line of the
popular wood-brown shade and homespuns
at from 512 up. Gusky s.
Fire, Tire, Tire.
1,000 dozen corsets to be closed
G. C. P.. Sommette, go at 51.
out, J.
E. S. Giles, Allegheny.
J)
HANGING ON A HAUL
Interesting and Important Argument
in the Supreme Court.
HEARINGS FOR SOME NEW TRIAIS.
A long list of Cases for Next Week, With
Several Murder Trials.
YESTERDAY
IN THE COUNTY COURTS
George Wisecarver versus D. W. Braden,
"William T. Lautz, Justus F. Temple, with
clause of scire facias to "William T. H.
Pauley, garnishee,' is the title of a case ar
gued in the Supreme Court .yesterday that
is of interest to all suitors, and especially
to lawyers, as it involves the validity of a
practice that has obtained over for 55 years.
It is an appeal by defendants, and also by
Alpheus M. Temple and Arthur C. Lindsey
from the ruling of the Common Pleas of
Greene county, at No. 135 January term,
1890, on an attachment execution, A. A.
PurmanandJ.B. Donley for appellants, ahd
"Wise & Minor and It Iu Crawford for ap
pellee, certiorari from the Common Pleas
of Greene county. The abstract of the pro
ceedings showing the issue and how it was
made is as follows:
Precept of J. H. "Wise, attorney for George
"Wisecarver, to the Prothonotary to issue a
writ of attachment against D. "W. Braden et
al for 56,000, with interest, 'etc., directing
the Sheriff to attach and levy upon any
money or effects belonging to Braden, Lautz
and Temple in possession of "W. T. H.
Pauley, and to insert in said writ a clause in
the nature of a scire facias against a gar
nishee requiring Pauley to appear at next
term and show why judgment of plaintiff
should not ho levied on effects of defend
ants, or either by them, in his hands.
"WANTED SEEVICE SET ASIDE.
Exceptions to service of the writ and mo
tion to set aside service and dismiss the in
terrogations and answers of Pauley were
filed. A rule was granted in course of
events to show cause, and Sheriff John T.
Goodwin petitioned for leave to amend re
turn of service, and on March 12, 1890, his
petition was granted. After a multiplicity
-of proceedings, on June 10, 1891, judgment
was given in favor of "Wisecarver again-it
"W. T. H. Pauley, garnishee, for 50,630,
with interest, costs of suit, etc
The court ordered that judgment be en
tered for plaintiff, Wisecarver, against
Pauley, garnishee, for the amount above
mentioned, and on June 29 last, J. G. Tem
ple, delendant, W. T. Pauley, garnishee,
A. M. Temple and A. L Lindsay, parties
claiming the monies by virtue of an assign
ment, excepted to the order and judgment
and had a bill of exceptions filed.
Appellants attorneys give the history of
the case as follows: In 1886 Lautz nas a
director and cashier of the Farmers' and
Drovers' National Bank, of "Waynesburg,
and D. "W. Braden was a director and also
"Vice President. Lautz employed Braden
to obtain for him 56,000. Lautz desired
Braden to procure Wisecarver to make his.
note to the bank lor ?0,000 with Braden &
Lautz as pretended securities. Wisecarver
did so and gave his check to Braden for the
proceeds of the note, who handed the same
to Lautz.
COLLAPSE OE A CATTLE BAUCH.
Braden & Lautz then ga've Wisecarver a
judgment note for. 56,000, with Julius F.
Temple as hail to save Wisecarver from pay-'
ment of the note to the bank. The collapse
of a live'Stock ranch in Wyoming caused
Braden & Lautz and others to fail to keep
their engagements, and creditors entered
judgments amounting in all to over 580,000,
of which this 50,000 was part, and Wise
carver issued an attachment execution, as
stated above. The appellants say that the
service of the attachment on Pauley, gar
nishee, was not made in the manner re
quired by acts of Assembly, and therefore
the iudement coming to J. F. Temnle from
Pauley was not and is not levied and at
tached by the writ of attachment, but
was after the so-called service of
the writ the same as before, the full
property of Justus F. Temple and is stillr
iree irom the writ ot attachment. These
.judgments were entered November 27, 1889.
Among them was one by the Farmers and
Drovers' National Bank of Waynesburg
against Alpheus M. Temple, J. F. Temple
and W. S. Adamson lor 52,500. J. F.
Temple was principal debtor and A. M.
Temple and Adamson his bail. A. M. and
.T. F. Temple next made a six-months' note
for 55,000 on the First National Bank of
Washington, Pa., 'Alpheus M. Temple being
bail. J. F. Temple next gave a note for
55,500 to the Citv Deposit Bank of Pitts
burg with A. I. Lindsey et al. as bail.
THE WEIT TVAS 'WRONGLY SERVED.
The transactions that finally culminated
in snits are too numerous to follow up here,,
but the attorneys for the appellants state
that Hon. J. F. Temple et aL excepted and
.asked the court to quash the writ, dismiss
interrogatories and answers, etc. First
because the Sheriff did not serve the writ
on Pauley, as garnishee, as required bv
rule 9, section 6, of Common Pleas rules
and as required by act of Assembly; second,
because the Sheriff did not, as required by
his writ, "make known by honest men
of his bailiwick" to all the de
fendants to appear and show, if they
could, why Wisecarver's judgment
should not be levied on their effects in the
hands of Pauley, the garnishee; third, be
cause the service of the writ of attachment
is null and void, and fourth, because the
Sheriff did not go to Pauley, the garnishee,
and the defendants and there disclose in the
presence of one or more creditable persons
of the neighborhood that he, the Sheriff,
attached debt, goods and effects. They
quote Bryan vs. Trout, Judge Paxson, p.
493: "It follows that neither the person of
the defendont nor his property was before
the court by the return of the Sheriff, and
the entry of judgment against him
for want of appearance was er
roneous," and hold that the cases are
parallel. Bryan vs Front was a foreign at
tachment to attach land, and section 49 of
the act of June 13, 1836, requires the Sheriff
to attach houses and landsby "leaving a copy
oi me writ wiui me tenant or other persons
in actual possession, holding under the at
tachment.'1 To the writ the Sheriff returned
that he "had served the writ on Temple
garnishee, and as to defendants nihil." Held
that this return was insufficient to warrant a
judgment for plaintiff, as it did not show
that Temple held under the defendant.
ADMITTED HIS DEBT.
To all this the attorneys for the appellee
answer that the garnishee filed his answer
to interrogatories admitting that ho owed
.Tustus F. Temnle Si 1. fit 3 M4 Uov 1.11 it
o be not only absurd but ridiculous to be
told that the Common Pleas Courts of Penn
sylvania have no jurisdiction to permit
their officers to amend a record, and that an
attachment in execution is not served in the
same manner as provided for the serv
ice of a summons in a personal
action; that if the position of the
appellants is sustained thev have made a
wonderful discovery, viz, that the courts
have been traveling on the wrong road lor
over half a century. The standing of Jus
tus F. Temple, to object to the application
of the judgment owing to him by Pauley,
the garnishee, to the payment of a debt due
from Temple to Wisecarver does not
make Justus F. Temple's position worse.
As A. L Lindsey took his assignment ex
pressly subject to." the attachment of
Wisecarver, he (Lindtey) -has no cause
to complain, and A. M. Temple and Lindsey
cannot intervene in suit to which thev are
not parties, and finally that the appearance
of the garnishee and his answer to
the interrogatories are a waiver to all
defects in the process or service of the writ
of attachment, if there be anv. Tf the ad-
peljants have any relief, it would be by an
action against the Sheriff for a false" return. I
and the amended return is prima facie cor
rect until impeached. About a dozen refer
ences to decisions are given to support the
position of the appellee.
OTHEK CASES ARGUED.
The case of T. M. Henry vs Frank and
.Jane McClellap, a snit in ejectment, ap
pealed by the plaintiff from the Common
Pleas of Beaver county, was also argued
yesterday.
An argument was heard in the t,wo cases
of H. P.'McCullough vs W. W. Barr et al, .
an action on partnership accounts, appealed
by both plaintiff and defendants from the
Common Pleas of Clarion county.
An argument was heard in the case of A.
L. Confer vs the New York, Lake Erie and
Western Railroad Company, appealed by
the defendant from the Common Pleas of
Venango county. The suit was for damages
for the destruction of the oil refinery of the
plaintiff, which was set on fire by sparks
Irom a locomotive.
The appeal of J. W. Harbison from the
"Orphans Court of Beaver county, in-the
matter ot the distribution ot tne estate oi
Eebecca J. Harbison, was argued.
Arguments were heard in the three.cases
of the Farmers and Drovers' National Bank
of Waynesburg, Pa., vs W. B. Bhodes et
al, William T. Loutz et al and D. W.
Braden et ah The three cases are actions
on notes.
CKIHINAL C0TJBT WORK.
An Attempt to Prove a Jnror Was Un
qualified to Act as Such.
In Criminal Court No. 3 yesterday Judge
Ewing listened to the argument for a new
trial in the case of Michael Maloney, con
victed of murder in the second degree in
killing Austin L. Eeed. Morris Samuels,
one of the last panel of jurors, testified to
being present in the courtroom on the morn
ing the jury in the case was called, and that
John Laeng, of Sharpsburg, one of the
iurors in the case, said to him: "I would
like to get on the, jury and hang that ,
as he killed a friend of mine." .
Mr. Laeng, being called, denied making
any such remark. He did say to Samuels
that he would hate to get on the jury, as he
knew some of the parties in the case. Mr.
Laeng also stated that when called as a
juror he stated that he had formed an
opinion and that he knew some of th'e
parties.
Mr. Marshall argued on this state of facts,
and asked that a new trial be granted. Dis
trict Attorney Burleigh argued that the J
prisoner should be satisfied to get on so
easily. Mr. Laeng had been an excellent
juror, and his frankness in refusing to go on
the Clark jury because he was a relative of
Jeweler Schmidt showed him to be an
honest man. The motion will be decided to
day. In the Criminal Court yesterday W. H-
Lovall pleaded guilty to a charge of assault'
and battery, preferred by J. P. Bench, of
McKcesport! Bertram Epps was tried and
convicted of assault with intent to rob
John Biley, of the Southside. Charle3
Kester. accused of the larceny of a watch
from William Britton,was found not guilty.
A nollo pros was entered in the three cases
of assault and battery against Thomas Hile
man, of Braddock. Tne prosecutor was
Eliza Smith. Claude Coyle was found
cruiltv of a charee of immorality, preferred
bvMollie Bichards. a petite blonde from-
f.lin Rniithsirlp- .Tohn Knofskof and John
Trainor pleaded guilty to the larceny of 57'
irom T. Freedel, a Xhirty-nrst wara saioon
keeper. They were sentenced to the work
house for 30 days each.
Trial Lists for To-Day and NextTVeek.
The following 19 the list of cases to tho
tried in Criminal Court next week:
Monday Eichard T. Schooler, murder;
John Brown, Isaac Freedman. Chailos Bush
man, alias Lindsay, William Koedler. E. W.
Finn. Thomas Keecran lit. Geonre Wishorn.
Fritz Bartelle, Katie Krestel, John alas Ber-
ratterson, james a. tnsii iuu wikuw
skie (2), Joseph Linton, Frank Burns, Martin
Towey, Charles Adams, Michael Dickson,
Charles Coppert.
Tuesday Mike Broderick, Thomas Lee,
Valentine Lee, Thomas Pearl, Mike Pearl,
William Cook, Henry Cryster, J. H. Sponsler,
Mrs. It. M. Algeo, Maggie Eckens, Charles
Heathcoate, Amelia Jones.
Wednesday Lucy and Clay Hoffan, mur
der; Jack Borden. (2): Peter Dugan, (2),
Frank Covle. (2), bamuej Brady, John Calla
han, D. II. .Rhodes, James Daley, "Daniel
Herrlncton. John Kelly, John Miller. John
Gibson, John Thomas, May Thomas, Klla,
Brooks, (Z): Charles Miller, anas cnarlcs
Sheranus. (31: Jacob Fry. Albert Hartner.
James llooner. Dennis Carroll. Walter
Grook, William Gallagher, Martin Xaugh-5
ton, .josepn jsaugnton, oacic weisn.
Thursday Michael SchatTer and "William
Sankey, murder: Eugene McGurk, (2);
Charles Taylor, Joseph Hagan, (2); James
Ahoiola, A. S. Ludwig.
Friday Pasquel Brunio et al, F. Washa,
Margaret Sahr, Michael Weltensellner,
George F. Miller, John Allen, Francis
Fraith, Andrew Leonard, William Stivens,
Georee B. Erdenmiller, Fred Bartb.
Criminal Court to-day: Surety and deser
tion casps J oh i McAlfreah, E. W. Baker,,
u imam i'onanoo, ionn iianerty, juainua
Haffcrty, Mary Quinn, John Kodgors.
Asking for an Injunction.
Attorney E. Y. Breck yesterday filed a
bill in equity in behalf of Martin Logan
against George J. Free and his wife, Ella
A. Free. The plaintiff it is stated, held a
mortgage for SG33 against Free, on which he
has issued an execution. Free, he asserts,
owns a piece of property which he has
deeded to H. Bush without consideration,
and which it was intended to have Bush
deed to Free's wife. The idea in this was
to conceal the property from Free's cred
itors. Free and his wife, he claims, are
now about to transfer the property to some
one nnknown to him for the purpose of de
frauding him. He asks for an injunction to
restrain them from so doing.
Hearings for New Trials,
Judge Ewing will to-day hear an argu
ment in the motion for a new trial in the
case of Patrick Fifzpatrick, convicted of
murder in the first degree; also in the cases,
of J. E. Stewart and John Tierney, con
victed of murder in the second degree, and
C. M. Clark, convicted as accessory to the
murder of Detective Gilkinson.
Briefs From the Courts.
Vs tho snit of P. B. lleilty against Michael
Sullivan, an action on a note, a verdict was
taken by agreement yesterday for $53 for the
plaintiff.
Js the suit of W. L. Smith againstFrank
Cart wright, an action on a contract to repair
a house, a voluntary non-suit was taken by
the plaintiiT yesteiday.
A VEnmcT for the defendant was given yes
terday in the snit of J. A. Dolau against J.
W. Wiley and wife, an action to lecover for
woik and material furnished.
A vebdict for tho defendants was given
yesterday in the suit of F. J. Clemenger and
W. G. Hunter azainst the Baden Gas Com-
jpany and others, an action on an oil lease.
The suit of J. P. Fisher against the Monon-
gahela Connecting Railway Company, to re
cover damages for injuries caused by a loco
inotive striking him, is on trial before Judge
Stowe.
Patrick Kelly yesterday entered suit
against William Butler,constable,and Arthur
Wallace, agent, to l ccover damages Tor tho
alleged illegal sale of household coods on a
landlord's warrant.
The jury is out in the case of A. Finley
against Isaac West. The suit is to recover
salary claimed to be due under a contract.
Finley was employed as a cutter in West's
tailoring establishment at $1,000 a year, and
claimed that theie was $51 Oi salary still due
hirn.
The suit of Mrs. Margaret Miller, widow
of Thornton F. Miller, in behalf of herself
ana nve emiaren, against A. D. Miller
Sous, tho oil refiners, is on trial befoie Judge'
Slagle. This is an .action for damages for
the death of Mrs. Miller's husband. Ho ias
the engineer at the' defendants' refinery in
the Sixth ward, Allegheny. It was destroyed
by Are, and Miller's charred lemaina were
found in the ruins. The lire, it is claimed,
was caused by the explosion of a tank of
benzine, caused by the negligence ot the
owners- in allowing- tho temperature to be
come too high.
That parent of evil, habitual constipa
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