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THE- PITTSBURG- DISPATCH, WEDNESDAY, NOVEMBER 11, 1891
SHOT ito THE CROWD.
James Eoney Placed on Trial for
the Murder of Peter Tierney.
ARGUED THE HIGH STREET CASE.
Fnit Against United States Marshal Harrali
to RecoTer for a Lost Boat.
SPABKS FROM TBE FORGE OF JUSTICE
.Tames Jtoney was placed on r'a' 'n the
Criminal Court yesterday for the killing of
Peter Tierney. The history of the case Is
that on the 1st of last April young Tierney,
with a number of other boys, was engaged
in a 8tone fight ou the hillside above
Twenty-ninth street The boys had been i
fighting nearly all day, aud some time
during the afternoon .lames Honey, who
lives in the neighborhood, and whose
house had been in a constant state of bom
bardment, came out and fired two shots.
One of the shots struct Peter Tierney in
the right knee, and as a result of this wound
he died on April 10 in the Homeopathic
Hospital from lockjaw.
Arthur Steele and Charles Brown, two of
the boys engaged in the fight, testified to
the facts as stated aboe, and also that Mr.
Koney fired two shots. Dr. It. 15. Tindell,
rf the Homeopathic Hospital, testified to
the boy's death from lockjaw.
For the defense James lionev, the defend
ant, testified to going out of the house to
chase the boys away, when he found a re
volver lying on the ground. He picked the
Te olver up and fired one shot into the air
to fiighten the boys. Theypelted him with
stones, and in putting up his hands to pro
tect his face the pistol was discharged, the
second time the billlit striking young
Tierney.
Mr. E. M. Iligelou, Chief of the Depart
ment of Public Works, Mr. J. P. Andrews,
.7. H. Hunter and others testified to Honey's
good character, the defendant having been
in the employ of the city for 15 years.
In the arguments to the jury "William
Eeardon, Esq., asked for a Terdict of ac
quittal on the ground that the killing was
an accident District Attorney Burleigh
asked that the defendant be convicted of
voluntary manslaughter. .Tudsre Kwing
harged the jury and explained the law to
them.
When the jury retired they were told
that the court would reconvene at 8 o'clock.
Shortly after that hour the verdict was
brougtit in. The jury found Koney guilty
of voluntary manslaughter and recom
mended him "to the extreme mercy ot the
court. The prisoner was at once remanded
to jail.
SWEPT AWAY BY THE FLOOD
Marshal Harrah AsLed to Pay for the
Steamer Robert McCleary.
The case against Marshal Harrah to re
cover damages for the loss of a steamboat,
swept away in the flood of 1889, was taken
up before Judge Acheson in the United
States Circuit Court yesterday, The Mar
shal had seized the steamboat Robert Mc
Cleary in an admiralty suit in the District
Court James 1 Dravo, William B. Eod
gcrs. Charles H. Binglerand Mrs. Elizabeth
McCleary held a mortgage against the boat
lor $3,000.
While the boat was in the Marshal's pos
session it was tied to the piers of the Herr's
Island bridge. There came the famous rise
of '89 ind sank the steamer. The plaintiffs
brought suit to recover damages; alleging
carelessness on the part ot the Marshal iu
tieing the boat The defendant' counsel
asked for a nonsuit on thagrounds that the
loss was sustained purelynrough an act of
"Providence, but the Conrt overruled the
motion. The case will be continued to-day.
CLAIMS DISCRIMINATION.
Sirs. Lee, Colored, tines a Theater for Dam
' aes Itecanse She Could Kot Have the
Seat She Paid Tor It Is to Be Brought
s foe a Test Case.
The suits of J. W. Lee and Susanna, his
wifefcolored, against Harry Davis, of the
Fifth Avenue Museum and Theater, for dis
crimination and breach of contract, will
be filed in the Common Pleas Court No.
3 to-day by Attorney Morrison. Mr. Lee
declares the suit will be pushed to the last
extreme, not for the amount of damages
claimed, but as a matter of principle. He
says his wife is as much of a lady as any who
frequent Mr. Davis' theater and, as her
husband, he will not allow her to be sub
jected to discrimination and rough usage
on account ot her color, when there is a
law to prevent it. -
In Mrs. Lee's affidavit before Prothono
tary Bradley, she declares that on the 23d
of October, 1891, she visited the museum
aud in the department of curiosities, on the
second floor, purchased tickets for the stage
performance on the first floor. When she
descended she was compelled, by the em
ployes of the house, to use the stairway set
apart for men only, and when she reached
the first floor found that portion of the
building occupied entirely by men, where
upon she attempted to pass over to the de
partment set apart for ladies, but was re-
tused admission thereto,and on her repeated
rcijucbb iu uu bu Has iuruiuiy anu wiuuuy
ejected from the building by a policeman
called by the defendant's employes.
She says that the defendant had no provo
cation for such conduct and deliberately and
maliciously exposed her before the public
in violation of his duties toward her as a
citizen, against the peace and dignity of the
Commonwealth and to her great damage, to
wit, the sum of 52,500.
Attorney Morrison says Lee will have
no trouble in recovering 'on both charges,
and he states that he has received instruc
tions from Mr. Lee and lriends, who have
means to push the case to a finish. Mr.
Morrison is also the attorney in the case of
W. H. Austin, colored, against the Bijou
proprietors, which comes up in Common
Pleas No. 1 next week. In this .case the
plaintiff alleges that he bought a ticket per
sonally for the parquet circle at the Bijou,
but when he presented it for the seats called
for on the coupons was denied the right to
occupy the seats, and was seated in an in
ferior location iu the building.
Trial .Lists for To-Day.
Criminal Court Commonwealth vs Henry
and Barney Huserand W.J. Graft (murder),
B. M. eely, John Hanna, David Bradford,
Charles Heinricli, Bridget Hannon, Mrs. A.
Cain, William Glenn, Charles F. Goldstrom,
Henry Weber.Thomas Paisley.Boss Boris on,
Oliver Peoples. Dallas Bumbaugh.
Common Pleas 'o. 1 Edgar ts Edgar. Lef
Vovitz vg Shapiere. Kincey vs Sauor, Wells
et al vs McDonald & Co., Clever Adiar vs
Gray, M'atson vs Mclntvre et al, Hadley vs
Luther, Cummins vs Pearestine. Fuller vs
.Morns, Larimer vs jaettcr, Meek vs Liddell.
Common Pleas No. 2 Hegner vs Peoples
Mutual Accident and Insurance Company,
Havy vs Thomas, Commonwealth for use vs
Busch Bros. & Co., ilcDonough vs Citizens'
Traction Company, Katajewskt vs Gunsall
et al. Tanner et al vs Tanney, Altenbaugh
vs Penn Globe Gaslight Company, Beiss vs
Huff. Luce vs Citizens' Traction Company,
Spielman vs Pittsburg Traction Company.
Injured at the Jiatatoriam.
The suit of Brady S. Richardson, against
the Pittsburg Xatatorium, is on trial before
Judge Collier. The suit is "for damages
for injuries received by F.ichardson by fall
ing into a plunge bath at the Natatorium.
Richardson was taking a Turkish bath and
in going from a warm room to the shower
bath, he slipped and fell into the plunge
bath, breaking one of his ribs. He alleges
that there was negligence on the part of the
attendants and wants damages.
EIGHT CASES WESE AEQUED.
The Supreme Court Bears the Attorneys 1b
the High Street Case.
In the Supreme Court yesterday eight
cases were argued. The most important was
that of B. Rafferty et al vs the Central Trac
tion Company. The case is one which in
volves the -rights of all the street rail
ways in the city, and the points
brought out yesterday were published
in Thk Dispatch several days ago.
An argument was heard in the case of H.
G Gearing vs D. W. Carroll, W. N. Kratzer
and Samuel Miller, partners as D. W. C
Carroll & Co., Lira., appealed b'y the de
fendants from C P. No. 1. The suit was to
recover from individual members of a
limited partnership, a debt of the firm.
An argument was heard in the case of
William foster against Robert J. and Ag
nes J. Carson, appealed 'by Foster from
Common Pleas Court No. 1 of Allegheny
county. The case is an action on a mort
gage tor 5700.
The argumenf in the case of Mary Davis
against the Jefferson Gas Company, an ac
tion for damages for the right of way for a
Eipe line through appellant's property, was
eard.
An argument was presented in the case of
Hyman Browarsky against A. J. Milligan,
appealed by Bron arsky from Common Pleas
Conrt No. 2 of Allegheny county. The case
is an action to recover the price of a lot of
empty beer barrels.
The appeal of Martin Qualters from the
decree of the Orphans' Court of Allegheny
county, distributing a fund in his hands as
administrator for his deceased wife, was
arguea. xne amount involved was about
52,000, the earnings of Qualters which he
turned over to his wife while living, and
she in turn had deposited it in her own
name. At her death the Orphans' Court
distributed the money among three sons of
the deceased wife by a former husband.
An argument was presented in the appeal
of James M. Chadwick from the decree of
the Allegheny County Orphans' Court in
the estate of B. H. Landwehr, deceased, in
excluding two heirs from a pro rata share of
the estate.
The case of the Leechburg Foundry and
Machine Company vs Jennings Bros. & Co.,
Limited, appealed by the plaintiffs trom
Common Plaas No. 2, was argued. The suit
was an action ou an account.
A BADLY MIXED HOMESTEAD DEED.
A Strange Building and Loan Case Brought
Ont in Conrt,
Sidney Fuller yesterday filed a bill in
equity against the East End Homestead
Loan and Trust Company to compel them
to give him a deed to some property. The
property was owned by Sidney McClure,
who owed the loan and trust company a
balance on it, and to secure the company he
gave them a deed to it. McClure owed
Fuller money, -and when McClure died
Fuller issued an execution. Tho property
was sold at Sheriff's sale and Fuller bought
it To complete his title he offered, he
alleges, to pay the company the balance
owed by McClure and obtain from them a
deed. They refused his offer and asserted
that the property belonged to them. Fuller
now asks for a decree that the deed from
McClure to the company was a mortgage or
security only for money loaned, and that
the defendant be compelled to give him a
deed to the property upon the payment of
the balance of the lban to McClure.
Notes From the Courts.
Tux case of James Stratton vs Win. Bell an
action on a contract is on trial in Common
Pleas Court.
G. M. Roberts & Co., secured a verdict yes
terday against Wilson and Phillips for $33 57
on a book account
A divorce was also granted, in the case of
Eliza J. McPh.ers.on against John McPher
son. Desertion was the charge.
A divorce was granted yesterday in the
case of Julia K. Sterzing against B. F. 8terz
ing. Infidelity and desertion were tho alle
gations. Tns suit of Huckenstein & Co. against the
Kelly & Jones Company, an action on a
contract for the erection of a machine shop,
is on trial before Judge Stowe.
Tns jury is out in the case of Mifflin
township against tho Carnegie Natural Gas
Company and Patrick Foley contractor; an
actnyrfor damages for injury to a public
road, caused by laying a pipe line oh it.
In the case of Elizabeth, S. J., J. H., B. E.
and W. P. Wylio against the McKeesport &,
Bellevernon railroad company, a verdict
was rendered yesterday for $600 in favor of
the plaintiffs as damages for right of way
through their property.
Before Judge Porter, in Criminal Court
yesterday, Mrs. J. Conway and Patrick Mc
Tighe, of Homestead, were tried for selling
liquor without license, on Snnday and to
minors The suits were brought by Con
stable William McBroom, of Homestead.
Thejuryisout. y
Hksrv Hcser, Barney Huser and W. J.
Graft will he placed on trial before Judge
Ewing to-day for the muder of Henry Kelly.
The murder was the result of a saloon row
at Webster, Westmoreland county. In which
Kelly was stabbed Beveral times and died
from his injuries.
A bill In equity was filed yesterday by
Thomas J. Ford and L. B. D. Reese, trustees
under the will of Emma C. Strickler, against
Mary Cordler, Emma M. Cordier, Henrietta
F. Cordier and Anita McDonald. The plain
tiffs and defendants are loint owners of two
lots on Boss street, near Third avenue, and
tho suitist brought to secure a partition of
thepioperty.
LATE NEWS IN BRIEF.
Its ExeeUent Qualities
Commend to public approval the California
liquid fruit remedy. Syrup of .Figs. It is
pleasing to the eye, and to the taste, and by
gently acting on the kidneys, liver and
bowels. It cleanses the system effectually,
thereby promoting the health and comfort
of all who use it "
Procure It Before Leaving; Home.
M. a.Kilbornleft the West and settled
in Orange Valley, New Jersey. He now
finds that his favorite remedy tor croup is
not sold there aud is anxious to get a sup
ply. Here it is in his own words: "Can
you let me "know if Chamberlain's Cough
Remedy is to be got in New York City or is
sold by any one in New Jersey? I want to
get some; it being the best remedy I can
find for croup. Since leaving the West I
'have not required any, but cold weather is
coming on and 1 may need it and am only
sorry 1 did not bring some with me." For
sale'by druggists. wsu
The Farmers' Deposit National Bank
Invite the public to call and examine their
new safe deposit vaults. Information con
cerning the renting of boxes and deposit of
valuables cheerfully given. Biwi"
Portraits for Christmas Presents.
This month, a handsome 8x10 frame with
every doz. cabinet photos. Also genuine
crayons at special low prices.
Lies' Studio, 10 and 12 Sixth st.
" MffSU
M.&H.
We'll .sell you best Alaska seal coats
at a saving to your pocketbook. See them
at $150, $175 and $200. The new shapes and
a perfect fit. Boggs & Buhl.
Aufrecht, the Eminent Photographer,
Is doing a large business . at his new and
only gallery, 77 Fifth avenue, Pittsburg,
because of his fine cabinets at (1 per dozen.
He made his wife smile when he brought
home a fine Crayon Portrait of himself from
Juvene Flite Photo Parlors, 516 Market st
WF
Simejt's children's shoes are the cheap
est and best Have a look -at them. 73
Ohio street, Allegheny, Pa.
James H. Aikek & Co.'s neckwear dis
play, 100 Fifth avenue.
Premier Abbott will leconstrnet the Do
minion immigration polioy.
Becent storms have swollen the Punjal
lup and Stflck rivers in Washington out of
their banks.
James Bosquet, colored, one of the Ten
nessee convicts liberated at Bricoville, has
been liberated.
In the month of October, the Brooklyn
Bridge was operated at a loss of $73,155. The
expenses were $181,718.
Blaine was the favorite Presidental can
didate by all odds at the Republican jollifi
cation meeting at Topeka Monday night.
- Engineers and firemen of the Bolt Line
Railroad at St. Louis are on a strike which
may extend to ratlioads entering the city.
Four indictments against the Louisiana
Lottery have beon found by the Federal
grand jury at San Antonio, for unlawfully
using the mails.
The troubles between the French glass
blowers and their employes, whicn arose a
month ago over the questions of time and
.wages, have been settled by compromise.
The United States Secret Service in
Chicago, has suppressed newspaper cuts of
the new half dollar coins. The use of these
cuts is claimed to be a violation of the laws
against counterfeiting.
" A party of three men, H. SIbert, John
Brlnkman and Fred Larson, all under the
influence of Ilqnor, were boating at Ver
milion, 8. D. The boat upset, and only
Larson was rescued alive.
Oregon's Democratic Governor, Penn
eyler, says New York by common consent
will havo the name of the next candidate
forpresident. and the logic of events points
to Governor Flower as the man.
The body of Rose Lawless, the youngest
sister of Lord Cloncurry, was found floating
In a largo lake on tha. family mansion
grounds, near Nans, Ireland, yesterday.
How she came.to drown Is unknown.
Two freight trains near Somerset, Ky.,
on the Cincinnati Southern Hallway, collided
3IOndav. klllinc T. Tttrnn annprlnf.flrtAnt:
of the Jelllco Company, fatally Injuring I
Walter Clark and Inj nring five others.
Matthias Picrowski was asphyxiated and
four other employes were so seriously affect
ed that they will probablv die, by the Dreak
ing of a gas main at the Illinois Steel Com
pany's mill, South Chicago, Monday night.
Tho Secretary of the Navy has issued an
order requiring spirits of turpentlne,alcoliol,
all varnishes and liquid dryers to be kept In
metallic tanks on the nur decks of naval
vessels, and forbidding inflammable liquids
or explosives, except those permitted by the
allowance books, to be broneht aboard. The
order Is a result of the recent explosion In
the forehold of the Atlanta.
Willie, the 5-year-old son of John Bed
ding, of Trenton, N. J., was bitten by a dog
on August lost and has just died of hydro
phobia. Two of his brothers who were bit
ten at the same time are ill, and the greatest
fears are felt regarding their safety.
The Department or State has just issued,
for the information of exporters, a new edi
tion of the new Dominican reciprocity ar
rangement, containing an alphabetical list
of all articles of American product or manu
facture entitled to free admission into san
Domingo.
J. B. Cralgmiles, editor of the Brlson
City, N.C.,Tlm, Is in jail at Atlanta charged
with forgery, snnday nfcrht he attempted
suicide with morphine. Cralgmiles says a
voung lady, well known In Atlanta society,
is the cause of his trouble. He denies the
forgery charges.
The Citizens' Executive Committee on
the National Encampment of the Grand
Army of the Republic, to be held In Wash
ington next year, has decided to recommend
tho second week of October as the date for
holding the encampment, and this action
will be laid for approval before Commander
in Chief Palmer and the National Council of
Administration at a meeting In Washington
to-day.
SS There's a trite old saying, known all nations o'er, It is haply twined together with Hope's blissfulness, 2
There's a trite old saying, known all nations o'er,
It will meet you In whatever country you may spin,
It Is like a spark of home-life always welcome,
Tis the promise When-our ship comes In."
It is haply twined together with Hope's blissf ulness,
And it always leaves Lifers greeting at your inn,
Promise parents or your true love with alKenderness '
The end Is, IniU " Whenour ship comes In."
If your health has flown, and with much pain you suffer,
It may be Grim Dyspepsia has its grip within.
You needs must starvo, or misery endure forever,
At least, " Until our ship comes in.".
Life's a misery, your pleasures are so very few ;
Perhaps you're constipated, your liver's all out of trim,
You lose all hope (there's nothing left for you.
Though friends say wait " Until our Bhip comes In."
TV.' ' S TC.ftTCVJbX
1 vSwW I
K That precious ship, so full for you of blessedness, f'J i-TrMBF1 "IrSKmW j'Ji "
Bo laden with Health and Hope, It3 priceless twin; SjrJUMj lltWbllQmM
Tls Nature's Remedy that gives you happiness; &&? TT Bnfciu 'ilVlAjfiJw
' Laden with a consignment of Carlsbad Spru- WMi jSuKKMtSmKiiMmffM
EDMUNDSON
PER R I N E
ALWAYS SELL THE GOODS AT THE PRICES ADVERTISED.
rv'' 2
FURNISHED
COMPLETE
AS SHOWN,
$54.50
FORTY PIECES,
INCLUDINQ
i Bedstead, 2 Sheets,
1 Dresser,
1 Washstand,
1 Towel Rack,
1 Spring,
1 Mattress,
2 Chairs,
r Rocker,
1 China Set,
2 Comforts,
4 Pillow Cases,
2 Feather Pillows,
1 Feather Bolster,
2 Pictures,
2 Lace Curtains,
2 Shades,
2 Curtain Pieces,
20 Yards Carpets,
1 Rug.
THIS FINE
Tapestry Covered
COUCH,'
$1 5.00.
IF YOU NEED A BED LOUNGE OUR'STOCK
WILL PLEASE YOU.
Vvw 7AvV
THIS IS A PICTURE OF OUR
$32
PLUSH PARLOR SUIT.
If you want to spend more money
lookat our 40,55, $65, $72 and
80 Suits, made in plush and
tapestry. They are exceptional
values.
1MATTDCQCPQ ??. ???.
15 50, $8 00.
BLANKETS g,g
BED SPRINGS SSt :
We could not begin to te'U you here how
many sorts we have of
Jackets, Coats, Reefers,
Newmarkets.
Let a few words tell you volumes:
We have a stock that is equaled
by no other in Pittsburg.
PLUSH COATS,
313, W5, 818, 931.
CLOTH COATS,
93, 95, 96 50, 98, 913, 915.
Worth t more elsewhere; -and if you,
can't pay all Cash at time of purchase
we will Trust you.
I A A A
p: jfs
TO-DAY we will sell 1,800
yards of ALL-WOOL EXTR'A,
SUPER INGRAIN CARPET
at
.CENTS,
Worth 75c all over the land
Also 2,600 yards COTTON
CHAIN Extra Super Ingrain
Carpet Regular 65 c quality
at
, CENTS.
ML-WOOL (30 BUO)
SMYRNA' RUGS
$2.30.
$4 has been considered cheap.
CASH OR CREDIT
i
yii5
ynbhssajpv
!jsB-1'J"j 1 iMrtiwiiriwn irri nnir
See if you can buy this fine Ebony
Clock from the jewelers for less than
14. Our price $9.77- 10,
inches hign, 16 inches wide, gold
dial, bronze trimmings, half-hour
strike, guaranteed to keep correct
time. We've only a few of them.
You'll not get them again.
THIS TRIPLE-PLATED
TABLECASTER
$2.19.
THIS BRASS
TRAY,
SIZE 14 INCHES,
8
GENTS
Ranges, $13.50, $18, $20
Stoves, $9.50, $13, $17
iiiiiiiiniiiiHiiiiihiiiiiiiip
WIS BRASS TRAY
16c Size 14x18 inches 16c
T-7
(vwvN ffSPJ0J
THIS KITCHEH KNIFE, 9c.
This Griddle Greaser, 9c.
This Egg Beater, 5c.
635 & 637 SMITHFIELD STREET 635 & 637 cashorcredit
r
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3
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