-
" .
TITE SCRANTON TBTBUNE-TUESDAT MORNING, AUGUST 13, 1895.
i ..5
Kcrnaan fi riooro
: FIRE INSORflNCE,
120 Wyoming Ave.
BIG BARGAINS IN SHOES
RUSSET SHOES IT COST
.. ' AT THK
COMMONWEALTH SHOE STORE
Washington Avenue. -
OUR WAGONS CALL
i
L
Regularly 1 all P"" dt7- HTe
we missed youf Irop a postal.
ACKAWANNA
THE LAUNDRY,
308 Pcam Ave. A. B. WAUMAX.
SPECIAL
forrtlnar-
riial of our mi
fall Curtains and Dra-
t peries te fill sell til odd
lots of one and two pairs
of Lace and Heavy
Cnrtalns - at
less than
cost4
127 WYOMING AVENUE.
CITY MOTES.
Humor of a coal And are excltlnf the
resident of Daleville.
The report of the viewers In the grading
of Bwetland street was cootirmed finally
by court yesterday.
Thomas W. Davis was yesterday ap
pointed judge of election of the First dis
trict of the Fifteenth ward, in place of
Edward Williams, deceased.
The funeral of the child of Mr. and Mrs.
John W. Vlpond will take place Tueiduy
afternoon at 4 o'clock at the family resi
dence, 330 North Lincoln avenue.
The Delaware. Lackawanna and West
ern company completed the payments of
the trainmen yesterday. Today they will
pay at the Pyne, Taylor and Holden
nines.
Montrose Barnard. John Q. McAskif
and M. E. McDonald have been appointed
viewers to meet Sept. 10 and lake testi
mony In the matter of vacating Drinker
turnpike.
The rooms of the Lackawnnr.a Insti
tute of History and Science will be opened
Saturday afternoon from 2 to S and there
after on Wednesday and Saturday after
noons at the same hour.
The death rate for the we-k ended Aue.
10 was thirty-four, which Is a big- drop
from the fifty-two rate of the previous
week, but H was not below the average,
which Is about twenty-six.
Relnbart Qershbacher, at one time
county commissioner of Luzerne county,
died at bis home in Clifton at 1 o'clock
yesterday afternoon. The funeral will
take place Wednesday afternoon.
Physicians and other persons who know
af women or children In need of an out
Ins; and unable to afford It are requested
to send their names and addresses to F.
P. Price, chairman of committee on St.
Luke's summer home.
The deputy clerk of the courts was very
busy yesterday ranting' marriage li
censes. The following couples appeared
for permits to wed: Fred Ship-ton and
Elisabeth Mary Bartell. of Scranton: An
tony Nasuraltls and Rosalia Yuskowiex,
Lackawanna township; Timothy White
and Maggie Kenahan, Scranton: James
I .Ark in and Catherine Guy, Scranton;
Morgan Jenkins and Margaret A. Price,
Scranton; Henry O'Hare, of New Tork,
and Hannah Coyne, of Scranton: Edward
H. Bishop ar.d Ellzebath Penman, Scran
ton. WORK WILL BE PUSHED.
HIS It M'ANULTY
Operations on the 'wetland Strsst Ap
proach Begun Yesterday.
Work uma yesterday begun on the
srradlncj of the Swetland street ap
proach to tlnden street bridge.
City Engineer Phillips was so anxious
to proceed with the work that he did
not wait for the official notification that
Maytif Conn el I had signed the ordin
ance, but took his cue from the news
paper announcements and went ahead
frith the giving of lines and planting of
Makes. To a Tribune reporter yester
day Mr. Phillips said that It would be
bard to tell when the grading will be
completed, tout at all events Sixth, Sev
enth and possibly Eighth streets will
be made accessible to and from the
bridge before anew flies.
' In case councils should by some
Chance Interfere with the present plans
the bridge wlH be made accessible from
' Sixth street anyhow, as he has col
lected, without any expense, enough
fining from excavations going on about
the city to snake an approach at Sixth
Street.
SALE 13 POSTPONED.
' Carboadale Traction Company's Property
t Will Wot Bs Sold Vntll Aug. 21.
' The sheriff's sale of the franchises,
cars, tracks, switches, motors, poles,
wires, tools, dynamos, etc., of the Car
' Toondale Traction company, which wa
et down for yesterday, has been con-
, tinned until Wednesday, Aug. 21, when
It will take place art the power house of
the company In Mayfleld.
, Three other writs were filed yesterday.
, - That of the commonwealth Lumber
company, assigned to Horace E. Hand,
claim S&56.47: that of Henry R. Lewis A
Co., assigned to Mr. Hand, claim $2,
28.39; and that of . O. Barker A Co.,
, claim $387.45. These, with the writ of
1800 held by William May, will aggre
gate, 94.6S1.31.
The Seranton Business Collate.
Day and evening session reopen Mon
day. Sept. 1
The new Journal to a beauty. Send for
It.
Get Ml special tuition rate for August.
An excellent corps of instructors. None
With leas than nine years' experience.
. The courses of study are the most thor
, ough and complete.
The students of this college are much
ught for by business men. The proprle
rs have been unable to supply the de
mand for clerical help.
The college rooms are cheerf.tt, com
fortable, healthy and unsurpassed in
beauty. All are cordially Invited to rail
j - and Inspect the building and equipments.
Court House Square, corner Adams ave-
nue and linden street
Special attention and private dining
-. . noma for dinner parties at fcohtnann's,
Spruce street Senrtca and cutout mx
.;' n4 Is this city. - -,...
PtUsbury! Hour MUla aava in oapacity
-f U.M barrels a oar. (
"".'v' assy tM Watts?
r sat tM hast At Oueraaer . ,
SEASO VITB TEE COSTS
Dr. Janes T. Lattoa Gives a Spiritual
istic 8ciee.
KCGILATI0X S100KS TALK
Owing to the Presence of l abellevcrs the
Affair Waa Not aa Entire Success,
bat laterestlaa Manifesta
tions Were Brought Out.
James T. Lutton, well known In
Scranton as a brilliant newspaper man,
but more recently as a magnetic healer
and wulritualhillc teacher, gave an ex
hibltion last evening In the Women's
Christian Teniiieranoe union rooms.
1 lie seance waa not a success appar
ently because of the lack of harmony
In the audience all but one or two
were unbelievers and the spirits, Mr.
Lutton said, won't work under such
conditions.
The medium. Mrs. Hill, a ivoor. mid
die-aged, Iguorant working woman, as
Mr. Lutton also said, llnully began to
"get 'em." HlKlm here Mrs. K. T.
Black was requested to preside at the
piano, which she did In her usual mug'
nltlcent stylo.
The flint spirit to control the medium
was an Indian, the old and reliable
W hlte Kaglo ex-chief of the Ohlpewas,
who Is a good Indian, according to Gen
eral Sheridan, having departed to the
happy limning p.-ouiwls about twenty
t.ve years ago. White Eagle claimed to
fee in the spirit world a little girl, and
from his description Alfred Twining
revognlxed a niece of his who had died
several years ago. White Eagle's ac
quaintance In the spirit land seemed
to be limited and he was relegated to
tue reulms ubove. or below It was not
decided whloii to make room for
Ueorge, another old standby.
Liked Mrs. Kluck'a Plavtng.
Uncle George, via the medium, had a
veiy pleasant visit and said that he
tnjoyvd Mrs. Black's playing. Ueorge
tlually i;iive way to Dinah, his better
.lair, who Insisted on coming in and
enjcylng to music. She recognized some
friend of Mrs. Thomas Benton's and,
although Mrs. Benton tried her best
sno cuuldn't quite recollect the spirit
friend, but thought she was a former
school friend. This was the extent of
L'ltinn s knowledge.
Mrs. Llbbie Kellogg next material
ized. Mrs. Kellogg had but a few min
utes to spare as rhe Is a very busy
spirit and had Just been attending a
Methodist camp meeting at Old Or
chard. She had promised Mr. Lutton
over five years ago that she would
visit him some time and ehe took this
occasion to do so. She gave a short
lecture on spiritualism, and said In re
ply to questions that the reason the
mediums were always controlled by
Indians and negroes was that they be
ing a lower order of beings hung closer
to the earth; they were not far enough
advanced to scrape acquaintanceship
with Louis Kossuth, as an ardent ad
mirer of his 'would have liked them to
do. Mrs. Kellogg was a pleasant lady
and the audience would have enjoyed
hearing her longer, but she 'had a press
ing engagement at another camp meet
ing and away she floated.
A Trial at Hypnotism.
Mr. Lutton. who, no doubt possesses
a great deal of magnetic power, gave a
short talk and attempted some mes
meri.m, but none of those present
were good subjects and the seance was
brought to a cloe. iMany present
thought the thing was a "fake," while
ot'hers believed that Dr. Lutton waa
not given a fair show.
Among those present were: Mr. and
Mrs. Benton, Mr. and Mrs. Black. Mrs.
Pearl, Mrs. Franc T. Vail, Mrs. Decker,
Mr. Twining, Messrs. F. J. and John
Frtzslmmons, Daniel Darrow and
George W. Smithing.
REPORT oAsSIGXEE.
Xcws That Will Interest the Creditors cf
the Defunct Olyphaot Bank.
Attorney John P. Kelly, aa assignee
of the Oiphcnt bank, filed his first par
tial report ytsterday, and It was con
firmed r.lEl. to be confirmed finally at
thi end of thirty daya If exception! are
nit taken. Attorney J. Alton Davis
was appointed auditor to distribute the
I2V91J In the hands of the assignee.
The report showed that the Inventory
A'ei fixes the assets at J73.O41.01, but in
adJ.t on o this Mr. Kelly ilnds re
sources mnticneii In the Intmntory
amounting to I3.60S.52. which makes the
total assets reach 76,649.M. Of these
assets he has collected J37.558.S5. Mr.
Kelly has paid depositors by using as
offsets deposits to their credit In set
tlement of their notes held by the Oly
phant Trust company, all amounting to
J2.915.06. He also paid the First Na
tional bank to redeem securities held
as collateral of greater value than the
debt owing by the Olyphant Trust com
pany, ,062.58. There were overdrafts
amounting to $271.13. He claims credit
for many discounted bills not yet col
lected, among which are those of M. J.
Stone, for $4,000; S. N. Cnllendcr. for
$13,900: A. M. Atherton & Co.. foril.000;
HI mop Fedoroskl, for $1,800; M. J. Stone,
for $3,500; Scranton Stone company, for
$1,500, and others running from $2 to
$SU0.
TWO MEN SENTENCED.
One Kept a Tippling House, the Other
Was Convicted of Aanlt.
Judge Anchbald called two prisoner,
who were convicted lat the last term of
quarter sessions court, yestenlny before
him for sentence. John Krlstnock,
found guilty of keeping a tippling house
was sentenced to pay a fine of $500 and
spend three montths In the county Jail.
Krlstnock skipped out when convicted
but was captured Sunday rrn Second
street by Special Officer R. Weiss.
John Iresk, found guilty of assault
and battery, was sentenced to a fine
of $1 and four month In the county
Jail, the term of Incarceration to begin
on the date of the rendering1 of the ver
dict, to wit: April 25 last.
Abner Posner, charged with stealing
his sister's ring. Was released from the
county Jail, Edward Wlss becoming
his surety In tfhe sumof $500.
CONCLAVE OF HEPTASOPHS.
Deputy Supreme Archons Elected In Dis
tricts 10 end 21 Yesterday.
rxdegate representing all the con
claves of Heptasophs In districts 20 and
21 met In the ofilce of Architect F. L.
Brown yesterday and chose a deputy
supreme archon and an alternate for
eaoh district.
In district 20 C O. Bfland was elect
ed, with K. A. Case, of Carbondale, ia
alternate. For district 21 Walter V.
Hendricks was chosen deputy supreme
archon, and J. S. Miller, alternate.
SAW CARL M'KINNEY.
Ha Will Soon Recover, Says Connellman
Wade Finn.
Wade M. Finn was In Philadelphia
Saturday, and on Sunday visited Carl
McKlnney, at Atlantic City.
Mr. Finn reports that Mr. McKlnney
to looking well and will, In his opinion,
soon recover.
WANTED EIGHT POLICEMEN.
A Little 'Later One Polloemsn Wanted
and Oot Bin. -
A man with glaring eyes and al out
of breath rushed Into. Chief Simpson's
office yesterday and, addressing the
clerk, demanded that eight policemen
be sent with him to quell a disturbance
at Bull's Head. The clerk surveyed him
for ah Instant and sizing him up for
a crank, quietly told him to step down
to poUca headquarters and; take his
pick.
No sooner had ha entered tha ter-
geant'a office than be began tl give an
mistakaMe evidence) of possessing sev
ral makes of 1896 pattern wheels, and
when he again made his demand for a
platoon of police he was ushered into
a cell, lie ibecame so violent that It
was found neceaaary to handcuff him to
rthe bars to prevent him from doing
mischief.
lie proved to be William Hennlgan,
a bartender who Is partly crazed from
heavy drinking and who at times Is a
veritable maniac.
THEY ARE PLEDGED.
Lackawanna Connty state Delegates
Will Support Governor Hastings and
Ilia Administration la the Stats Con
vent loa.
There was at no time any doubt or
quavering among the seven men who
have beeu elected from this county as
delegates to the Republican state con
vention as to the position they main
tain In the battle for state chairman
ship, but to silence and discredit any
unfounded rumors that might arise,
they assembled yesterday and unani
mously put themselves ' on record
through the following resolution:
KeMolved. That we. the delegates elected
tt represent the county of l.ackawaiina
In th coming Itpubllcaii state convention,
hereby make known and declare that we
are in favor of ami will support Governor
Daniel II. Hastings and his administra
tion in suld couvenlion.
Thomas W. Phillips,
D. U.' Atherton.
First District.
Fred J. WIHinayer,
' Ezra If. Hippie.
I Second District
J. F Watklns,
I ' Third District
James Young,
J. II. Thomas.
Fourth District
GETTING MIXED.
Board of Control Muddled Over a Con
tract and INies the Next Uoat Thing.
It Is a generally known fact that the
board of control, through 'the gracious
ness of the legislature, can do as It
pleases, and It Is universally conceded
that the Scranton body, as a rule, does
that ame. Its action In awarding the
contract for heating and ventilating
Nu. 16 school goes to prove this.
There were three bidders. Hunt A
Council, whose price was $3,725 for hot
water heating. The Sinead-WIUs com
pany uttered to put in their hot air sys
tem for $3,300. The Peck A Williams
company agreed 'to take the contract
for $'.'.900. The commlttete deliberated
long and deeply on the matter, but
could not arrive at a conclusion. Hunt
& Connell, deeming their bid too high
for consideration, gave up the battle
and threw their strength to Peck &
Williams. The building committee ot
onto the deal and resolved not to permit
It. They could not .very well give It to
the Smead-Wllls people, because their
hot air system was dearer by several
hundred dollars than the Peck & Will
iams bid for a hot air system, so, In or
der to figure out the scheming Peck &
Williams company, the building com
mittee, seconded by the board, threw
out hot air systems altogether and
adopted the hut water proposal of Hunt
& Connell.
The list of Janitors appointed for the
coming year, together with their sala
ries, .was read by Mr. Welsh and adopt
ed without debate. Changes were made
In No. 4, where Patrick Loftus succeed
ed 'Mark Newell; No. 6, Mrs. Johnson
succeeded Mrs. E. Rldenbach; No. 11,
Mrs. Eliza Walsh succeeded 'Mrs. B.
Moore; No. 27, John Fid I man succeeded
Sophy iMorrell; .No. 37, Mrs. Hattie
Burns succeeded Fred Fellenser.
The pay roll for Janitors for the
month of July, aggregating $590, was
ordered paid, as was also a Valley
house bill of $2.50 for dinners for the
members of the teachers' committee.
UNKNOWN MAN KILLED.
Awaits Identification in a Clark's Summit
Undertaking Establishment.
An unknown man supposed to be a
resident of Scranton lies dead In the
undertaking establishment of J. Stan
ton, at Clark's Summit He was killed
on the Delaware, Lackawanna and
Western road.
The supposition is that he was riding
to Scranton between the cars on train
No. 232. A hat was found on the en
gine of this train upon Its arrival In
Scranton. Trackmen who were at work
between Chinchilla and Clark's Sum
mit say that they did not see any man
walking the track, so the supposition
followed that he was riding between the
cars and fell beneatih the wheela.
A Tribune reporter went to Clark's
Summit last night, but could not glean
any Intelligence whatever concerning
the Identity of the unfortunate man,
except that he wore a coat bought at
Batnter's. The very Judicious authori
ties of Clark's Summit could find noth
ing in the lawibooka permitting them to
examine the pockets of the dead man,
so the 'body was permitted to lie un
identified awaiting the arrival of Cor
oner Kelley, who was notified to come
up today. It was Impossible to get a
glimpse of the dead man last nigh.;, as
he was swurely locked In the under
taking establishment and the only man
who had a key to the place lived about
a mile baok In the woods.
It was learned from the station agent
that the man was a'bout 27 years of age,
of medium build nnd wore a mustache.
He was fairly well dressed and had the
appearance of a laboring man.
THREE DIVORCES GRANTED.
Desertion the Cause of Two and Unfaith
fulness the Other Cause.
Tecrees In divorce were handed down
by the count yesterday In three oases.
The wives are the complainants In each
case.
Rrrlth Adam was deserted by her
better half, Charles II. Adams, and is
now freed from the bonds of wedlock.
Anna P. Iavls proved that her husband,
William A. Davis, was unfaithful and
was decreed single again. Jessie Jones
was released from Thomas O, Jones,
who deserted her.
CLEVELAND'S MINSTRELS.
W. 8. Cleveland's great massive min
strel show, which for the past eight years
has been thn del'ight of thousands, will
appear at the FrnMilngham next Friday
afternoon and evening, Aug. IS. The rnp
utetlon of this organization Is such that
they are synonymous with Hsmum's cir
cus, and are as anxiously looked for each
season. The announcement of their ap
pearance Is a guarantee that good, whole
some nmusement will be furnished. The
company for this season has ngaln been
enlarged, and In conjunction with a mas
sive double minstrels, a band of Bedouin
Arabs and Mikado's court Japanese
troupe, will appear, making four big
shows, all In one. it la said to be one of
the greatest, best and most meritorious
m'nstrel shows ever put on the road, and
will be one of tho wonders of the season.
St, l.nks's Contributions.
The following contributions are ac
knowledged to St Luke's summer home
and free excursion fund:
Walter Printing company $1 r,
Mrs. R. B. Williams r 00
'flh 10)
Mrs. . Rosana Tripp 10 00
Previously acknowledged too so
. $521 $3
The spirit of progress Is manifested In
everything connected with Wood's Busi
ness College. The elegant new apart
ments are furnished wHb the best appa
ratus and furniture.
The faculty is composed of men and
women of more versatility, talent and
experience than any other business col
legs in Pennsylvania.
Thirty of America's best- commercial
teachers ara now employed by Prof.
wooa.
' 3,
DIED
BELL. In Sorsnton, Au, U, 1996, Helen,
daughter of Mr. and Mrs. William Bell,
need I weeks. Funeral Tuesday morn
Inf. Private. .. . i ;-
'V SEilTB MHBIEB
Claim of Common Law Relationship
Rejected by Court.
JUDGE AKCHBALD'S FINDING
Decides That Smith Was Merely LtlnB
with Lll lloward-tteglster kotklcr's
Decision ttavenwd-Cssa Will
Co to Supreme Coart,
President Judge R. W. Archbald. in
an opinion .Minded down yesto day,
went on record against ,common law
marriages. The court reversed the de
cision of Henry T. Koehler, who was
register of wills In 1894, and revoked
and set aside the letters of admlnlstra-
lio3 gianteJ by Mr. K-vdiliir to "Doc"
M. 1. Smith In the estate of Etta M
Walter, deceased, who during the lust
ten or fifteen years of her life was
commonly known as "Lll Howard."
For four years prior to 'her death the
decedent lived In Throop borough and
was proprietress of an establishment
labeled the "Prospect House." situated
along the Boulevard. She died on Oct.
15, IS94, Intestate, and on Nov. 3 follow
ing, letters of administration In the es
tate were "granted to "Doc" Smith, who
alleged that he was her husband uc
cording to common law marriage.
Immediately subsequent to the grant
ing of the letters, Aseneth Davis, a
half-sister of the decedent, through At
torney E. C. Newcomb, petitioned the
register for a hearing to tRKe testimony
and show cause why the letters of ad
ministration granted to "Doc" Smith
should not be set aside on the ground
that the lett?rs were procured by him
as the alleged husband, and that such
was false and framdulcnt and he was
not In fact the decedent's husband. The
petition stated that Etta M. Walter
had never been married and lert to sur
vive her ns next of kin, Harriet Fitx
gerald and Aseneth Davis, half-sisters,
und Judson Oomstock, Giles Comstoek
and Raymond Comstock, half-brothers.
Hearings were held before the regis
ter on Dec. 20 and 21, at which much
testimony was taken. "Doc" Smith
was the first witness and he swore that
by mutual agreement be and the de
cedent ten years prior had agreed to
live together as man and wife, until
death would them part. The scene of
this common law ceremony was In a
resort in Raymond court.
Was Culled Miss How nr. B
Several witnesses were sworn and
they said thut the decedent, while she
lived In Raymond court and after she
moved to Throop, was often called
Mrs. Smith, but they also, frequently,
heard her addressed as "Miss Howard."
Documents were produced, the rev
enue licenses, checks, notes, receipts,
etc., to show that the decedent always
retained her Indlvduallty and signed
her hand as Etta M. Walter. The deci
sion of the register was egalnst the pe
titioner and sustained the letters pre
viously granted. Mr. Koohler having
been satisfied that "Doc" Smith was
the lawful 'husband of the decedent,
decided that he was rightfully entitled
to administer her estate.
Judge Archbald yesterday handed
down the decision reversing the regis
ter and the letters of administration Is
sued to the respondent, M. D. Smith,
are revoked and the present register,
W. S. Hopkins, Is directed to Issue new
letters to such of the brothers and sis
ters of the deceased Etta M. WRlter, as
ho fhall deem proper, as provided for
according to the statutes. Court also
further orders that the respondent, M.
D. Smith, shall surrendur any property
of the decedent In his hands and to pay
the costs.
Judge Archbald was not much Im
pressed with the validity of "Doc"
Smith's claim as the husband of the de
cedent. In his decision, iEx-Reglster
Koehler quoted passages of law bearing
on matrimony, but Judge Archbald de
voted himself specially to the testimony
at the hearing, as to whether their evi
dence established the fact that It was
the Intention of the respondent and the
decedent to enter Into a marriage con
tract. The syllabus of rthe opinion Is
as follows:
No Outward Appearance of Motrloge.
"The decedent, t the time of her
death, was keeping a house of assigna
tion and the respondent was living with
her. For a number of years prior to the
purchase of the Throop property she
, had been a common prostitute, and In
that capacity went by the name of 'Lll
Howard.' During this period In 18S4
or 1885 the respondent claims to have
married her, but there was no outward
appearance of marriage. As one of the
witnesses gave it, 'It was simply that
'Doc' Smith and Lll Howard were living
together.'
"The mftlden name of the decedent
was Esther or Etta M. Walter, and thl?
she retained up to the time of her
death. In March, 1891, when she pur
chased the Throop property, the deed
was drawn by her directions 'to lier as
Etta M. Walter, and the mortgage she
gave in return for the unpaid purchaisc
money was In ts same name. AH the
Insurance policies were in her nam?
The same is true with regard to her
business purchases.
"She also kept a bank account In the
First National bank of Scranton and
the eher.ke upon It ace all signed 'Etta
M. Walter.' fche held a United Stater
Internal revenue license In the name or
EttatM. Walter. At last, when she died
and came to be burled, the plate on her
coffin was Inscribed, 'Esther M. Wal
ter.' and with that name she was laid
in her grave.
"The respondent, however, claims tr
have established that she was his wife
first, by his own testimony; second
by her admissions; and third, by a repu
tatlnn of marriage. He first became oc
nualnted with her In 1877 at Wllkep
Barre, whefe she had been an Inmatr
of a 'sporting house,' and next Baw het
Ave years later In the same locality Ir
a similar resort. In 1SR3 she came tr
Scranton and lived with one Until
Bright, In Raymond alley, whore thr
respondent was a common caller.
Neither Cons latent or Credible
"The story of the respondent upon
which he asserts a contract of mar
riage Is neither consistent nor credible
If this Is mifHrlent to establish mar
riage. It In a reflect ion on all decent liv
ing. Facts take their significance fron
the attending circumstances. Ordinari
ly, being introduced as a man's wife
and being known and called by hlr
nsme Is an admission and evidence o'
marriage of no light import, but her
It was manifestly a pretense, a flimsy
veil assumed for a purpose, and trans
parent to every on except Innocent
neighbors and chsrltablv-lnrllnoj"
members of the respondent's family.
"But that which Is conclusive Is tha'
to herself she was Etta M. Walter, th
name her mother gave her. This namr
she 'maintained with the knowledge o'
the respondent, who now claims t'
have been 'her husband, In all Mia'
touched upon her personal possession'
and affairs. The same contradiction n
marriage appears In all her busln?
transactlons In which he either actual
ly participated or by which he war
cognizant. Finally, when she died anr"
came to be burled, while he summoned
the undertaker and selected the coffin
the plate which was put upon It pro.
claimed to the world that she wit'
Etather M. Walter, and was an out
spoken denial of tils present prefer
slons. . ' ;
Marriage Was a Cloak.
"It seems evident, therefore that sr
far as the decedent permitted herself
to be called Mrs. Smith, It was as r
cloak, which was necessary at times tr
give a cover of respeotablllty to theli
relations. We find that the relatlonr
between these parties admittedly begar
when on was an inmate and the other
a frequenter of a house of ill repute.
upon aii tm avrosnot we concludx
and find that the respondent was not
the husband of the decedent and that
her name was not Bmlth. but WaMer."
This opinion Is very important from
the fact that It Is the first case of Its
kind reviewed In all Its phases In the
courts of this county, and the position
of Judge Archbald substantially puts
a damper on common law marriages.
NUMBER 18 TWENTY-riE.
That Number of Illegal Votes Out of
Seventy Voters Examined In the
Olypknnt Contest.
Attorneys John F. 'Murphy and David
J. Davis, commissioners In the con
tested election of John J. Flynn, coun
cilman of the Third ward of Olyphant,
whose seat Is contested by Edward
Uurke, filed their report yesterday with
the clerk' of the courts. Flynn was
elected at the lust election held In
February and received Just one vote
more than Burke.
Seventy voters were examined before
the commissioners, fifty on the part of
the contestant being called. One hun
dred and thirty-seven ballots were cast
at the election, and out of that number
Flynn received a majority of one. Of
the seventy examined twenty-seven
were found to be illegal. Those who
voted illegally for the reason that they
had not -paid a state or county tax with
in two years are: Patrick Mahady,
Thomas 'McHale, William Mo! I ale,
Thomas Messott, James Connors,
Thomas Sanderson, Oieese Jones, Pat
rick Walsh, Peter Reap, Evan Owens.
The following were not registered and
did not tile or present any affidavit, or
the affidavit they did make was de
fective; Andrew Dlgno, Michael Kalx
noweeyk, Peter Popeck, Michael Spll
ler, -Stephen iStotch, Oeorge Zymnn,
William Plerson, Henry Scheller,
Christopher liurbnck, Joseph Jackson,
James Stead, Reese Jones and William
Robinson.
Those wlho voted Illegally because
(hey had not been naturalized are:
Michael Splller, Ueorge Zyman. An
thony IMcllale and Robert Tellford.
The commissioners decline to find W.
M. or Henry Fendlck an lllefral voter
for the reason that the list of voters
contains the name of but one Fendlck,
William. The commissioners find that
there were nine -ballots cast at the
election wihlch were not counted for
eithf.- contestant or respondent In the
above list twenty-seven names are
given, but two voters are mentioned
twice, their votes having been found to
be Illegal for two reasons. Court will
order the ballot boxes opened to deter
mine for whom these twenty-five voted.
ORPHANS COURT MATTERS-
Auditors' reports In the estate of Will
iam A. Myers find Philip Hopkins, de
ceased, were confirmed nisi.
Clarence E. Pryor was appointed guard
inn of Jennie Thomas and his bond of
$100, with Attorney J. Elliot Ross as
surety, was approved.
The bond of Richard J. Tanfleld, guard
ian of Margaret Mabel Tanlleld In $100,
with T. A. Wanlell and T. R. Bono na
sureties, was approved,
Thomas J. Coyne was appointed guard
Ian of Frank J. Doud and his bond In tho
sum of J7U0. With Michael O' Boyle as
bondsman, was approved.
In the estate of Minnie Rink, minor, de
ceased, S. W. Edgar was appointed aud
itor to make distribution of the f'indri In
the hands of J. 11. Gunster, Kuinllun.
In the account of William A. Gllmartln,
administrator of tho estute of Ellen Gll
martln, deceased, having been explained
by schedule, U now- finally confirmed.
Mai-ton Dyer was appointed guardian of
JjIi'ii A. Connell, minor child of the late
Jessie D. Connell, and her bond In the
sum of $2,100, with J. A. Linen as surety,
waa upproved.
The real estate of John D. Davis, d.
ceased, was directed to be sold and a writ
was directed to issue forthwith In order
to pay from the proceeds thereof the sum
of $300, elected to be retained by the
widow.
Estate of Edward Harrington, the hear
ing of the petition of Thomas P. Mclvln,
Kuardlan of Mary and Edward Harring
ton, minors, for private sale of real es
tate to Michael Costello in the sum of
1350 was for Monday, Sept 16, at 9 a. in.
The auditors' estate In the estate of
Henry Lutz, deceased, was confirmed nisi
and the clerk was directed at the expira
tion of ten days to enter confirmation ab
solute, provided no exceptions are filed
n the meantime.
In the estate of Hiram Nicholls, de
ceased, where so much litigation was
.caused by the disinherited son, Jnmes,
and In which the alleged lost caveat re
cently figured so conspicuously, the pe
tition for an appeal from the probate of
the register was yesterday dismissed bv
Judge Archbald.
COURT PARAGRAPHS.
Tho transfer of tho hotel license of
Peter Moslyan, of Wlnton, to William
Goodman was refused.
The transfer of the hotel license of
taruh Jacoby, of the Eighteenth ward, to
Joseph Bulas, was refused.
The transfer of the retail liquor license
it Jacob Hanlciik, of Wlnton borough, to
Adro Slmoulk, was ordered by the court.
Court approved the bill of Alderman
'red L. Fuller for holding an Inquest on
the body of the late Anthony Scanlon, jr.
In tho matter of the laying out of a
oud in Fill township, the appointment
if viewers Is refused and the petition dis
missed at the com of the petitioners
Tho bond of Richard J. Tanfleld, col-ei-tor
of taxes of Covington, was ap
lroved in the. sum of J5.0U0. with W. W.
lones and D. W. Dale aa bondsmen.
The bond of John J. SIckler as collector
if Greenfield taxes, was upproved yester
lay in the sum of $7.XiM. with J. W, Sick
er and George W. Kramer as bondsmen.
Friday, Sept. 9. at 9 a. m., was fixed ns
:lio time for hearing the petition of Frank
nisbry for the transfer of the license of
Philip WeJchel; the petition of John
VVarKU. for the transfer of the license of
THIS
WITNESS THAT .
II. 1). SWAliTZ & CO.,
Are the Leading Wholesale Agents m
Smokeless Poidor,
GUNS, RIFLES, REVOLVERS,
QoodatMRars nif'f nbioco. Lumbar andOralii.
F. A. TlsDMU Maaaser of Oun and Repair
Departments. We repair Typewriters, Saw
lag Machines, Ouns and Revolvers, Bloyeles,
Locks, Umbrellas, tad meks Keys to At say
kind of s look. If yon want to bay a new Ona
don't wait until the season opens. Mow Is the
time to bay. Brlat yoar old Can with yoa
and exchange it with ns for a new one. satis
faction gaaranteed or money refunded, Call
and get our prices before you boy. .,
Telephone S7S3. Open Rvenlags,
STORE, 223 SPRUCE 8TRCET.
Between Peas isd ItaaUia Ares.
BEST SETS OF TEETH.
Ineladinff the Mlnless rttrsjStBf f
tseta by aa enUreir now iTTiiia ,
S. C. SNYDER, D. D. S.,
John Cheplk; and the petition of John F.
Clark for tha transfer of the license of
M. 8. White.
By order of court the polling place of the
Third ward of Jermyn borough was
changed from tho Timlin house to the
public house kept by one Arthur Messett
Judge Archbald granted a rule .to
show causo why the coats placed upon
M. H. Harloe. by th grand Jury should
not be remitted, returnable at argument
court.
Court directed the county to pay the
costs in he matter of th road In Scutt
township. The exceptions were dismissed
and the report of tha viewers was con-
II rem absolutely.
Sheriff demons yesterday sold for costs
the two lots owned by S. P. Hull on Sixth
and Seventh streets. The cmts are not
over to. Major Everett Warren, as
agent, purchased them.
Judge Gunster dissolved the Injunction
In the case or Mrs. M. Ml Spencer against
W. J. Hale, whom Mrs. Spencer asked to
have enjoined from building a fence on
what oho claimed to be ber property.
The bond of Jam E. Loftus, collector
of taxes of Throop borough. In the sum of
$li,7lu, with M. J. I.avliK Thomas Mon
aghan, Ituliert Lyons, James J. Walsh,
Olney Pratt and Thomas Loftus as
sureties, wus approved.
On July 30, last, John Conway, one of
the suiM-rvisors of old Forge township,
died. Ho was elected last February and
his term extends until next March. Court
yesterday appointed James Conway, sun
of the deceased, to fill the unexpired term.
In the matter of establishing the boun
dary lino -tet wet n thtj township of Car
bondflle and the borough of Archbald, A.
H. Dunning, Jr., Hi yon R. Blair and W.
H. Slunlevaiit were appointed commis
sioners to inquire into the propriety of
granting the prayer of the petition.
.
" How to Curs all Skin Diseases."
Simply apply "Swayne's Ointment'
No Internal medicine required. Cures tet
ter, eczema, Itch, all eruptions on the face,
hands, nose etc., leaving the skin clear,
white and heulthy. Its great healing and
curative powers arc possessed by no other
remedy. Ask your druggist for Swayne's
Ointment. e
Ae j
I i i i
You can buy the above
Cabinet Photograph Frame at
Woolworth's for
10c.
It measures 7x10 inches,
and is a beauty.
C.S.WO0LW0RTII
tI9UCRaWIHIIIIVa0e.
Graen and Gold Star Fran
KLEBERG'S.
LOUIS RUPPRECIIT
SUCCESSOR
The best place for your Chin., Glassware, Ar
tistic Pottery, Lamps, etc. There is a chance
for you. Sea what we offer the coming week:
BABY CARRIAGES
The medium priced arc sold, the best are
left. 25 PER CENT. OFF REGULAR
TRICE if purchased within ten daya
CARLSBAD CHINA DINNER SET
Just arrived, the latest pattern and de
sign; 103 pieces; a barcain at 13.00; our
price, $17.85, but only for next 14 days,
ODDS AND ENDS
While taking stock we fonnd a let ef Odd
Dishos, Pistes, Bowls, Fruit Stands, etc.;
all parts of Sets that have been broken np.
Perhaps you have broken a tew pieces oot
of your Set Call In and look around.
WE WILL SELL THEM
AT HALF FICTORV PRICES.
LOUIS RUPPRECIIT,
231 ?im AVE., OPP. BAPTIST CHURCH,
Scranton, Pa.
9.
VICTOR LEADS ALL
We are receiving a few daily,
Ami are prepared to furnish Vic
tors, Gcndrons, Envoys, Fleet
wings, Relay Special, Relay Road
tcrs, Crowns, LuMlNuins; all new
In both Ladles' and Gentlemen's
Wheels.
WE HAVE STILL SOME BARGAINS IR
SECOND-HAND WHEELS
Call an. EianlRi.
J.D. WILLIAMS BRO.
H4 LACKA. AVE-, SCRANTON, PL
D., 1. SI If. H LI.
AMD
R. R. Y. M. G. H.
-TO
Syracuse and Pleasant Beach
Sflkd.!. tegA 17.
Train leaves D L. W. depot t cat.
Strsst ears from all par la of sitr will sean sol
wiuuaia-
TICKXTAPOR ROUND TRIP. C&0Q
if;
W.
CLEARINGSALG
The balance of our
Silk Waists at
Worth $3.00.
$1.98
CAPES.
The balance
Capes at
:f $1.98
Worth $4.00.
SKIRTS.
Silk Crepon Adjust- $4 fl QQ
able Skirt at 0 111 JO
Worth $18.00.
INFANTS' COATS
Pine Cashmere
Coats, handsome-
trimmed with
baby ribbon and
lace, at
Worth $4.00.
$2.98
HATS.
Closing out our
Trimmed Hats,
both Ladies' and
Children's Hats,
98c.
Untritnined hats at your own priee
lSSNow is the best tima
to have your furs repaired and
remodeled. You can save 20
per cent, by having them done
now, by
J, BOLZ.
Wyoming liene,
THE PRACTICAL FURRIER.
Blue Serge
Coats and Vesta
for
$5.00,
White
Duck Pants
for
$1.00.
Coiim Meria furniafdEra
P.
Hatter,
Shirt Maker
ano.,
Men's
Outfitter.
4Q SPRUCE STREET,
sCRAXTC3.rk
3SS LICUWAMI AVE,
ELECTRIC, VAPOR AKO
Qlrea fross I a. m. to I p. aa. at the
Oreen Ridge Sanitarium,
720 Marlon St, Qrasn Rldga.
For Ladles anfleriartretn Werreq. Dim.s.
Catarrhal aid Rheamalio Complaints spaslal
attention to fireo,
MISS A. B. JORDAN,
(radnsts ef the Boston Hospital Tnlalnf
Behoo! for Nareee). 6upsrlntanlant.
mm
t. el rme.t itoMmfzimi
WirifseaMi OpseritsCohnatn
oft WNffftlnetan Av. Sera ntan.Raj
Bl
HATS
AT
a
CHRISTIAN
1 7
J a t
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V. '".
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