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THE PITTSBURG- DISPATCH, THURSDAX, ' NOVEMBER 26, 1891.
GERADE IS GUILTY.
The Child Murderer Calmly Receives
the Jury's Verdict.
FAST TCGRK IN CRIMINAL COURT.
An Interesting Injunction Case Comes From
Willow Grove,
GENERAL COERT SEWS OP INTEREST
Frank Gerade was convicted yesterday of
murder in the first degree for the killing of
his step-child. In view of the weight of
the testimony produced at the second trial
the verdict was considered by many as a
most remarkable one, and it was almost the
unanimous opinion of those who had been
close observers throughout the trial that the
verdict was entirely due to one point raised
by District Attorney Burleigh in his
prosecution. The keynote of his argu
ment to the jury was that if
the jury would find that Gerade was
so deranged at the time he committed the
murder a not to be able to comprehend the
consequences of his act, they could acquit
him, but otherwise they must coniict.
Judge Ewing did not dispute this in his
charge.
The charge was delivered at the opening
of the court. Judge Ewing seemed worried
when he went into court, and admitted to
the jury that he was. "I have never tried
a homicide case," said he, "that has given
me so much worrv. It troubled my slep
last night" In his charge he was rather
careful not to express an opinion, but said
the cae was so peculiarly important that he
wanted the jury to draw its on conclu
sion." The jury retired at 10.50. At 2:45 they
sent word into court that they had agreed
upon a verdict. The defendant was brought
in; J. Charles Dicken, one of his attorneys
was rUo present The defendant was
ordered to stand while the jury rendered
the verdict. Gerade arose slowly and fixing
his eyes upon the cradle, upon which ha
had beaten out the brains of his stepchild,
he stared steadily during the reading of the
verdict. As the nual worts were spoken
by the foreman, scaling for the second time
Geradc's doom, a perceptible flush crept over
his face and h gentlv knitted his eyebrows,
but not muscle moved. He did not seem half
so surprised at the verdict as did the ma
joritj ot the spectators, who rather antici
pated that the plea of insanity had proven
of sufficient weight to acquit the defendant.
In discharging the jury, Jupge Ewing
Fiid: "Gentlemen, 1 bae no recollections ot
a term in which so many cases have been
tried, and especially so many homicides
Quite a number were thrown iiito thic term
by circumstances over which we had no con
trol. The juries are to be congratulated for
handling many of the cases with unusual
promptness, and you are now discharge 1
with the thanks of the Court"
can Bank and the members of that associa
tion as individuals. The bank was organ
ized in 18S8, and became insolvent and went
out of business several years ago. Bobin
son deposited 521,000 in the bank in 1871,
andthe suit is to recover it 'The action is
against the members of the copartnership,
as it was termed, to recover from them as
individuals the amount claimed. Among
the defendants were included members of
the partnership who withdrew when it was
in good condition, before the failure. Gen
eral George C Jenks represented the plain
tiff. The defendants were represented by
31. A. "Woodward, George Thomas and
others. At the conclusion of the argument
the Court took the papers.
TO BESTBAIN THE DEILLEES.
Divorced From Bed and Board.
A di orce from bed and board with ali
mony was granted yesterday in the case of
Jfrs. Zessel Mozersky against Aaron Mozer
eky. Sirs. Mozersky- is allowed ?20 a
month alimony until a reconciliation shall
take place. he shall by petition offer to
receive her and use her as a good husband
should, when the Court will suspend or an
nul the decree. Ill-treatment was the alle
gation in the case. But a few days ago Mo
zersky's son was appointed guardian of his
two other sons, minors, in spite of the
father's opposition.
A Defunct Bank Sned.
An argument was heard before Judges
"White and JIagee yesterday morning in the
case of S. A. Bobinson against the Ameri-
An Interesting Case Comes Up From
Willow Grove Property Protected.
In the Court of Common Pleas Ko. 2,
J. W. Klnnear yesterday filed a bill in
equity and asked for an injunction in
behalf of the Arlington Lodge, Knights of
Pythias, to restrain "W. B. Burson, A.
Lcam and Samuel JIcKinney from drilling
an oil well on a lot adjoining the one on
which the Knights propose to build
a hall in the town of "Willow Grove.
The court refused the injunction
but granted all the plaintiffs expected,
viz., an order that defendants give bond
to secure plaintiffs from loss In the case of
fire or other injury. The contractor, a man
named McEwen, "had commenced work but
refused to go on unless indemnified in case
of a fire, nnd the probability is that the well
will be drilted. Judge Brcdia opposed
the bilL
An interesting question arises which has
never been settled in this State, though a
very important one. Some lawyers,and care
ful ones too, hold that a man has no more
right to drill a well for oil or gas in a town,
near residence houses or other buildings,
than he has to locate a powder magazine in
such a place; that such work is equally
as menacing as the stored powder would be,
and that a bond to indemnify in case of dis
aster does not cover the case, as indemnity
could not be accepted as sufficient in case
of loss of life. There is no doubt
that drilling oil wells in towns
is a great nuisance to many who are not
financially interested. Some nice residence
towns have been aluost ruined for resi
dence purposes, and only a small propor
tion ot the inhabitants benefited thereby, so
that the Sewicklej ans had good cause for
apprehension as the drillers drew nigh
them in their operations
A case is reported from Little "Washing
ton in which a man sold a lot to another and
inserted in the deed a clause to prevent the
buyer from having the lot drilled for oil on
the ground of its being a nuisance. After
all had been settled the seller had a well
driUed on a lot adjoining the one he had
sold. The buyer was furious, but it seems
the case wa3 not carried into court Some
lawyers hold that he had a good case against
the "man he bought from.
slaughter and two of accessory to murder.
The jurv disagreed in one case of accessory,
Mrs. Clark, and there was one plea of
guilty to involuntary manslaughter. Sir
were acquitted of murder and one of being
an accessory. Three of those acquitted
were in cases in which the principals were
convicted, and two others were in one case.
There were 932 bills laid before the grand
jury and 666 true bills were returned. "With
45 cases left from the previous term there
were 711 cases to be heard.
HEADY FOB DECEKBEB TEEM.
Som- Figures Showing the Bapld Work In
Criminal Court
Yesterday was the last day for jury trials
in the Criminal Court this term. Next
week the argument list will be taken up
and the December term will open the first
Monday in December. A large amount of
work was disposed of and the term was the
largest for years. There were U weeks of
court and 635 cases were disposed of, an
average of 55) per week, or 9 a day.
There were 18 homicide cases disposed of,
an increase of 8 pver the September term
of 1890. But 28 days wera occu
pied in trying the 18 murdsr cases,
which was an unusually rapii disposition.
Two persons were convicied of murder in
the first degree, Patrick Eitzpatrick and
Frank Gerade: six were convicted of mur
der in the second degree, five of man-
Igal Crnmbs Swept Cp.
Hesbt Hobbekt yesterday entered suit
against Charles and MIna Kupenherd for
damages for slander.
I Criminal Court yesterday, Win. Craig
was acquitted of charge of stealing a pair
of pinchers and cutters from B. I Kent, at
Verona.
THEjuryisout in the case of August and
Wm. M. Depp, of Ohio Township, charged
by John M. Staub with nuisance in obstruct
ing a public highway.
The jury is out in the case of William
Smith acrainst the Keystone Land Company
for damage for injuiy to a stable caused by
a wall sliding against it.
J. L. Kitchey, yesterday was appointed
commissioner in the divorce case or Annie
Weckervs.Andy Wecker. Walter Lindsay
was appointed in the case of Melissa Hard
ing vs. Joshua T. Harding.
Is the suit of Samuel Bowman against the
Central Traction Company for damages for
injuries resultine from a fall caused by a
car starting too soon as he was getting off it,
a verdict was given yesterday foi $183 for the
planum.
'lir the suit or John Stlebbe and wife,
against John Selson and B. F. Lawn exe
cutor, to recover fire coal taken from ulain
tiffs' land, a verdict was given yesterday
for $80 for the plaintiffs as against Lawn,
and for tho defendant as to Nelson.
A bill in equity was filed yesterday by
Mrs. Sarah O'H. Herton against E. T. Sasse.
It was stated that the plaintiff leased a farm
of 50 acres in Pine township to Sasse. Tho
latter is about to movj and threatens to
remove outbuildings, fences, etc., from the
Slace, and the Court was asked to restrain
imfrom so doing. A preliminary injunc
tion was granted.
The suit of Lizzie Huckel and Mrs. E. V.
Malone against the Pittsburg and Lake Erie
Railroad Company is on trial before Judge
Kennedv. The case is an action for dam
ages. $ he plaintiffs purchased round trip
tickets to Alllquippa. On the return trip
the conductor claimed their tickets were
not good on that train and they were com
pelled to walk a considerable distance to
the city.
AN" extended popularity. Brown's Bronchial
Troches have for many years been the most popular
article In use for relieving coughs and throat
troubles.
ANOTHER WILL VOID.
New York's Law is Not Favorable to
Charitable Trusts.
THE OGDEN BEQUEST IS INVALID.
An Additional Quarter of a Million Dollars
for Relatives.
PROPERTY ELSEWHERE KOT AFFECTED
A. Crash in Plates.
Owing to a fall of our plate shelves in
our warehouse a great many of our new and
choice plates were broken. "We offer for a
few days only the broken dozens at half
regular prices. These goods are all fresh,
new goods of this year's importation, and
comprise plates for any course in Coalport',
Crown Derby,Boyal"Worcester,Doulton,and
in fact, 'any of the well known fine goods,
such as we carry in stock. The sale com
mences Friday morning, November 27, and
will last only a few days owing to the holi
days. Early buyers will get ohoice bar
gains at Beizenstein's, 152, 154, 156 Federal
street, Allegheny.
SEAL ESTATE SAYINGS BANK, KM.
401 SmlthCeld Street, Cor. Fourth Avenue.
Capital, 5100,000. Surplus, ?75,000.
Deposits of 51 and upward received and
interest allowed at 4 per cent tts
Minitehaha flour makes a loaf of bread
that is good to eat and good to look at
both for the people who like dainty, thin
slLies and for folks who love big, thick,
motherly slices.
Hate your photograph taken by B. L.
H. Dabbs and get the best possible like
ness. BABfiATNS in military cape newmarkets,
510, 512 and up, at Bosenbaum & Co.'s.
rFFECIAt. TELEGRAM TO THE DISrATCH.l .
New Yobk, Nov. 25. A clause of the
will of "William B. Ogden, the first Mayor
of Chicago, who was extensively interested
in the railways about that city, providing
tor the distribution of about 5321,000 to
charities, has been declared void s"o far as it
was intended to affect property in this State,
by Justice Patterson, of the Supreme Court.
In so much as the bulk of the estate
of55,000,0001eftby the decedent, however,
Is in Wisconsin and Illinois, where the clause
of the will is said by the defendants to be
valid, the purpose of the testator, toward
which the trustees and executors have al
ready expended 551,000 will' probably be
carried out
Mr. Ogden was in the70's. when he
died on August 3, 1877, leaving a widow,
but now children. He had gone from here
to Chicago, where he made" his fortune, but
returned to live in this city about ten years
before his death. He divided his estate
into 20 parts by his will, leaving all but one
and a half parts to his wife and relatives.
Some of tho Income Devoted, to Charity.
He directed that the income of the one
and a half shares should be devoted to such
charitable purposes as a majority of his
executors and trustees should select during
the lives ot his widow, Marianna A. Ogden,
and his brother-in-law, Edward L. Sheldon.
At the death of the survivor the principal
was to be applied to charitable purposes at
the discretion of the executors and trustees.
Any portion not so applied to charitable
purposes they were empowered to distribute
among any of the relatives of the decedsnt
who were in need.
Justice Pattterson holds that tba trust
is void under the law ot this State, because
there is no benefici ry provided for who
could enforce it Such money as has been
set aside to jarry out the trust, he decides,
must be distributed as if the decedent died
intestate.
Lands in Other States Unaffected.
He decides, however, that the reinvested
proceeds of the sale of lands in other States
retain their legal character of land outside
of this State, and are not affected by his de
cision. He declines to pass on the question
of the validity of the trust clause so far as it
concerns realty in other States.
"Willard Parker Butler, attorney for the
five nephews and nieces who contested the
validity of the trust clause, said to-day:
"The suit was brought on account of a di
vergence of opinion among the executors
and trustees as to the validity of the clause
and to secure a fund which, on November
30, 1891, amounted to 5270,000, put in trust
companies in this city to carry out the
trust provision. "When the executors made
payment of any of the. bequests propor
tionate sums were deducted toward the fund
for charitable purposes. In this way the
5270,000 accumulated. Our clients waived
all claim against the executors and trustees
for reimbursement of the 551,000 theyfhad
already devoted to charitable purposes."
The Pennsylvania's Business.
Philadelphia, Nov. 25. The follow
ing is a statement of the business of all
lines of the Pennsylvania Bailroad Com
pany: All lines east of Pittsburg and Erie,
for October, 1891, as compared with the
same month in 1890, show an increase in
gross earnings of 5215,259; an increase in
expenses of 5378,347; a decrease of net earn
ings of 5163,088. West of Pittsburg and
Erie for October, 1891, as compared with
the same month in 1890, shows an increase
in gjoss earnings of 5302,439; an increase in
expenses of 512.252; an increase in net earn
ings of 5290,187.
Br. Graves Pleads .N'ot Guilty.
Denver, Nov. 23. When Judge Bis
ing's court was called this morning, there
was not standing room to be had, so great
was the curiosity of men and women to see
and hear Dr. Graves plead to the charge of
murder. "When required to enter his plea
the doctor paled slightly, but with a firm
step walked to the clerk's desk and entered
a plea of "Not guilty." The court, not
wishing to retain the jurors over Thanks
giving Day, ordered an adjournment of the
case until Friday,
A New Bain "Wizard Arises.
Atchison, Nov. 25. Reuben Jarves,
a professor in the public schools of Smith
Center, Kan., claims that he has discovered
chemicals with which he can procure rain
every time. He offers to furnish the farm
ers with their water supply next year at
prices far below those of Mr. Melbourne.
"Weak lungs are cruelly racked, and the
general strength gradually wasted by a per
sistent, deep-seated cough, which Dr.
Jayne's Expectorant may be relied on to
cure. You will derive certain benefit from
it also if troubled with either asthma or
bronchitis.
To the Saloon and Private Trade.
As the season is now at hand for ale and
porter, the Straub Brewing Company take
pleasure in announcing to the saloon and
private trade that they are prepared to fill
all orders promptly. "We also claim that
our celebrated brands of "Pilsener" and
"Munich" lager beer cannot be excelled by
any brewers of the States. "We guarantee
our beer to be four and one-half months old
and all our goods are made of the very best
quality of hops and malt Ask the saloon
trade for it or telephone No. 5038.
The Steatjb Bbewiitg Co.
Corner Main street and Liberty avenue.
TTS
THANKSGIVING.
Tour Picture Free,
And handsomely framed with every dozen.
Cabinets, 51 00." Hendbicks & Co.,
No. 68 Federal street, Allegheny.
Very cheap. All kinds second-hand,
first-class sewing machines.
Wheeleb & Wilson Mfg. Co.,
No. 6 Sixth street
You're Not in It
Unless you call on Thanksgiving at Javen's
Elite Gallery, 516 Market st Cabinets, 51
per doz.
Mothers will find Mrs. TVlnslow's Soothing
Svrup the best remedy for their children.
I5C. TTSTk
IRON AND STEEL BUILDINGS,
NEW ADVERTISEMENTS.
THE PEOPLE'S
E.
FIFTH AVENUE. PITTSBURG. -'
A CARPET CHANCE
Never Before Equaled In These Cities !
W commence this week to offer the extraor
dinary carpet bargains we purchased last week at the
greatest carpet auction, the world has ever known.
60,000 PIECES 1
2,000 MILES OF
$2,500,000 WORTH j
Were sold in 3 days at this sale. We Didn't Buy
Them Alt- We bought what we could, and all that
we did buy were in NEWEST DESIGNS AND
COLORINGS, FINE QUALITIES AND AT
ABSURDLY LOW PRICES.
You Get the Benefit of This. These
Carpets Must Be Sold at Once.
THE PRICES WILL DO IT if there's any carpet
wisdom in the twin cities.
CARPETS
RRIfflS HUMS FBI
Proportionately Low Prices on All Other Makes.
Mopettes, Ingrains, TapBatries, Etc.
In addition to this purchase extraordinary we offer
ALL CARPET REMNANTS
FROM 1 TO 20 YARDS,
AT A REDUCTION OF FROM
30 TO 50 PER CENT.
ATTEND THIS GREAT CARPET SALE!
It Will Pay to Buy Your Carpets Now for Spring.
UNCLOSED ALL DAY TO-DAYg
IF
mm
COLUMNS AID
j
PITTSBURG BRIDGE COMPANY, Thirty-Eighth St.
noll-17i-
hi
CAMPBELL & DICK
81, 83, 85, 87 and 89 FIFTH AVENUE.
no2t-TT8
r n in 11 m
L U II U II
PERRIHE'S
Complete HousefurnishinG Department Stores,
9 U UXUJ JJUJXUUMU.i3f
832
FOR THIS LAEGB CYLIN
DER SECRETARY
BOOKCASE.
Look at our line of Li
brary Cases and China
Closets.
k S " t
For this
Hall
Rack.
$15
FOR THIS LARGE SIDEBOARD
Our line contains every
thing worth having in
all the new styles arid
finishes; prices from
$15 to $10.
SILVER, CHINA, GLASS AND TINWARE
IP
For Tin Pie-Pan.
2P
For l-Pint Tin
Cups.
$15
FOR THIS
BEDROOM
IT
1
Larre Mirror nicelv rarvpd.
Good workmanship. &
This Large Square
EITEIM TABLE
$8.
This Cuspidor
70
a S
$2.19
For this elegant
Triple Plate
Table Castor.
fe&u wm - m ys
LADIES
W .
WmK- 1 1
JjiMy I
IS OUR PRICE FOR THIS HAND
SOME I2-PIECE TOILET SET.
Same as sells everywhere for $5.
Everv ladv wants a nice
cudL, ciiiu 111 uui tauuis. K
the place to get them.
LISTEN TD THESEPRIGES j
THIS COAT,
Just as shown, in mag
nificent Beaver orDiagr-
I onal Cloth, fur-trimmed,
bound seams; the latest
style; ONLY
A FEW MORE BARGAINS:
IC will buy a pretty In
dividual Butter Plate.
7
C for 8 - inch Meat
Plates.
2C is a big bargain for
large stone china Egg
Cups worth 5 c.
3 C Don't fail to buy
our fine 6-inch Din
ner Plates; worth 5 c each.
C for 7-inch Fluted
Nappie; worth 15 c.
i ft C for an 8-inch foot
tdm ed glass Fruit Dish;
worth 20 c.
3C (or 1 8c per set) will
buy you 6 Cups and
6 Saucers; worth 30c.
a n .swtt1 '. 1.
iFC will purchase a 9
p inch imitation cut
glass Orange Bowl;
worth 25c.
4C is all we ask for a
London handled Cup
and Saucer. (24c a set.)
Regular price at other
stores, 40c.
$14.75.
PLUSH GARMENTS
Are more fashionable than ever before.
We show them in genuine Sealskin
colors, cut in the latest designs, at
13.00.
Q2
Q AC will buy a hand
ijU some Glass Table
Set of four pieces
Cream, Sugar, Spoon
and Butter Dish.
Visit Our 5c & 10c Bargain Counters
IN CLOTH COATS?
Yes, the prices start at $2.25, and if
you'll take a minute to examine them
before we name the price you'll say
that $4 is cheap enough. But $2.25
each will get your pick.
FOR THE CHILDREN.
There's only room for 14 words $1,
$2, up to $8, and you will save 40c
on each dollar's worth.
jbBL
i&Lr.
CARPETS!
THERE IS NO USE
SCRUBBING TIE FLOOR
EVERY DAY,
When you can scrub it
once a vear by buvinsr
one of our 57c All-Wool
Extra-Super Ingrain Car
oets. They're iust the
same as the other stores ask you 75 c for.
They're the best Ingrain made.
HOW'S THIS?
AXMINSTER
CARPETS, .
MOQUETTE (PI QC
CARPETS, iPl, Id
VELVET,
CARPETS
BRUSSELS
. CARPETS
THUS THE PRICES GO.
EACH AND EVERY ONE A BARGAIN AT
THE PRICES WE ASK.
If you'll come to see them you'll buy
here, but if you. don't come, of course
we can't sell you, and you'll be the
loser. ::::::
1.75
$1.15
.65'
TERM&aBff I 635-637 SMITHFIELD STREET. 635-637 I TERMS'S
or
CREDIT.
4 J- . .
I