The Scranton tribune. (Scranton, Pa.) 1891-1910, October 15, 1895, Page 5, Image 5

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    i THE SCRANTON TRIBUNE TUESDAY MORNING, OCTOBER 15, 181)5.
. "Pure
mil
BAKING P&IVDER,
Made of pure crystal cream of tartar a product of
the grape and most wholesome. Alum, ammonia and
. phosphates are cheap substitutes for cream of tartar.
, No adulteration of any kind in " Cleveland's."
Norrman & Moore
: FIRE INSURANCE,
120 Wyoming Ave.
BIG BARGAINS IN SHOES
RUSSET SHOES IT COST
AT THK
COMMONWEALTH SHOE STORE
Washington Avenue.
OUR WAGONS CALL
Regularly in all parts of the city. Have
we niUsvd you) Drop a postal.
ACKA WANNA
. THE LAUNOftY,
SOS Pcnn Ave.
A. It. W AH. MAN.
NEW
RIAl
UL UU
More than 275 styles to
select from at all prices,
from 75c. to $60,00-
ALSO-
Draperies,
Carpet?,
Wall Paper.
WILLIAMS & H1ULTY
!27 WYOMING AVENUE.
CITY iwrias.
There will be a meeting of the managers
Of Florence mission today at 10 a. m.
M. n. Morris, of the North End, has
bought the Miller hotel, Fenn avenue and
Linden street.
A regular meeting of the Keeley league
mill be held Oct. 17 at 7.30 p. m. After the
business meeting an excellent programme
wilt he. rendered. - -
Evangelistic meetings will continue to
tie conducted during this week by Itev. J.
T. Johnson at the Court Street Methodist
Episcopal church.
The Now York, Ontario- and Western
railway will conduct Its annunl fall excur
sion to New York on Tuesday, Oct. 29.
One fare will be charged for the round trip
ticket.
The regular meeting of the Green Ridge
Woman's Christian Temperance union
will be held at the Evangelical church,
Capouse avenue, this afternoon at 3
o'clock.
The following were yesterday re-elected
officers of the' Stowers Packing company:
James J .Williams, president; J. K. Sehla
ger, manager, and T. V. Powderly, jr.,
secretary.
The officers of the Democratic county
committee have secured rooms at Til
Irftckaw&nna, avenue for headquarters, and
they will be opened Wednesday night with
a meeting of the committee.
The Royal Welsh Female choir sang at
the Stone opera house In Bingham ton last
night and turned people away, so large
was the crowd anxious to hear them,
They also drew Immense crowds at L'tlca
and Waterville, N. Y.
All members of the Temple of the Ladles
of the Golden Eagle ami others who desire
to 'become charter members are requested
to meet at the Ancient Order of United
Workmen hall, ill Lackawanna avenuo,
on Thursday evening, Oct. 17, at 7.30 sharp.
Members of Roaring Brook castle. No.
408, and Scranton castle, No. 117, and (ill
others Interested in the reorganization of
the Golden Eagle, are requested to meet
at the Ancient Order of United Workmen
hall, 421 Lackawanna avenue, Wednesday
evening, Oct. IB, at 7.30 o'clock sharp.
An unusual number of new cases of con
tagious diseases is indicated In the fol
lowing mortality report of the board of
health for the last week: There were lx
new cases and .three deaths from typhoid
fever, four new cases of sen rift fever
and ten new cases and two deaths from
diphtheria; twenty-six deaths resulted
from all causes.
Colonel Falrman, the well-known artist,
will give a most Instructive and pleaxlng
lecture on art in Kim 1'ark lecture room
for the benellt of the Home for the Friend
less. The Fpeaker's ability Is thoroughly
understood In this city, where many of his
pictures have been purchased. He was
appointed lecturing professor of Olivet
college fourteen years ago and has benn
on the platform more or less during a
great portion of his life. It Is requsMpd
that the audience- come prepared to ask
any questions regarding art that they may
d&slre. The scope of the lecture will em
frce architecture, sculpture, painting,
poetry, music and histrionic art. As the
admission Is only 2T, cents It Is to be hoped
that a large audience will be present to en
Joy this lecture n well as to aid the Home,
which Is sadly in need of funds.
l ine Dross Goods.
We are showing the finest goods In
style and qua'Ity to be found In the mar
ket st prices that attract the attention of
II customers who are competent to Judge.
MRAJtS & HAGEN.
SPECIAL AGENT. HERE.
tie Comes to Tnvcstlgnto Chnrgcs Pre
ferred Against Collector Herring.
A dispatch to The Tribune from
Washington last night stated that Col
onel Colquitt, chief of the special agents
In the Internal Revenue bureau, had
left tor Hcranton. The dispatch said
that Colonel Colquitt's mission Is to
investigate the charges preferred by ex
Income Tax Collector Burke against
Collector Herring.
,At ..late hour ,aat n'Khf Colonel
Colquitt s name had not beeen regis
tered at any of the hotels. He may,
possibly, have registered under an as
sumed name, hoping to escape the in
terviewers anxious to talk with him.
Special attention and private dining:
rooms for dinner parties at Lohmann's,
Spruce street. Service and cu'.sine unex
celled In this city. .
Photo albums. Hlblea and Testaments
below coat. Pre it's Rook Store.
. ' . Bnf the Weber. -
and fet the best ' At Guernsey Bros. ; .,
Holldair books In sets and single vol
ume at half price. Pratt's Book-ritore. .
Trr llonsooa Tea. Iced It will delight
you.
and Sure.
GAMBLING MIXED HIM.
So Said Frank Ode 11 at the Hearing Before
Alderman Fuller.
Alderman Fred Fuller held police
court yesterday morning and before
him was taken Frank Odell, otherwise
known as James itaird, the young man
whose detection anil arrest were noted
In yesterday's issue.
Otlell gave his age as 24 years; resi
dence. Itrooklyn, iN. Y,; pluce of birth.
New York; occupation, railway con
ductor. The alderman asked him If ho
forged checks that he Is accredited
with doing; he hung his head In shame
and confessed that he did. He wanted
to nave It distinctly understood that
liquor was nut the cause of his misfor
tune. "What, then, Is the cause; Is It gam
bling?" asked the alderman. Odell ad
mitted that It was.
Ho said he had been employed as n
railway conductor, used to earn a good
salary, but left home and got stranded.
His money became s.cnroe and he re
solvett to adopt the practice of forgery
t' replenish his funds.
He said he went to the Trader's Na
tional bank, got a half dozen or more
1'lnpk checks, went out among some
business people and learned that Gen
eral Manager W. F. Hallstead. of the
Delaware, Lnckawanna and Western
railroad, kept an account at the Trad
ers' bank. He made no attempt what
ever to Imitate air. Hailstead's signa
ture, but wrote In a flowing, business
style, trusting to lurk that the persons
upon whom he might attempt to pass
the checks would not be any more fam
iliar with 'Sir. Hailstead's autograph
than he was himself.
Thtre was no resemblance at all be
tween the forged signatures and Air.
HallKteud's handwriting. Odell was
asked why he selected Sir. Hallstead.
He thought that the general manager's
prominence would render detection less
liable. He professed no sorrow for the
failure of his attempt at self-destruction.
Alderman Fuller pitied him. but
was forced to hold him in the sum of
$"00 bail for his appearance at court.
Odell could not furnish this amount
and was sent to the county Jail. The
check for $11 which was passed on
Tailor L. Klein, of 209 Venn avenue,
was the only one produced at the hear
ing. DEMANDED THE HOOKS.
Expected Conflict llctwecn Assessors and
Hoard of Appeal Has Taken Place.
The refusal yesterday of the board of
city assessors to recognize the order of
the new board of revision and appeals
to deliver the books of the assessors'
office to City Clerk Lavelle has been
magnitied. The assessors were willing
to recognize the order excepting Its ap
plication to the books of 1S85, and these
they refused to surrender. "
City Olerk Lavelle made a formal de
mand for the books In pursuance of or
ders received Saturday from the revi
sion and appeal board. -Sir. Yoos,
presld.Jit of the assessors' board, ex
pressed his willingness to comply with
the order, but stated he would have to
retain the 1895 books, as these the as
sessors would have to use In order to
make- the 1X96 assessments. The city
clerk had Instructions to secure all the
books, and consequently could not ac
cept any part of them.
The new revision and appeal law pro
vided that the new body shall provide
the assessors with such books and pa
pers as are necessary for making the
assessment, .but the assessors and
board of revision are themselves divid
ed in the definite understanding of the
matter. This has led to the calling of a
Joint meeting of both bodies at 2 o'clock
this afternoon in council chambers,
when an attempt will be made to settle
the question.
AN TdEAiTTioTEL.
One of New York's llostclrles Which
Knows Its llnslness.
The Scrantontan who visits iNow
York city and wishes to be entertained
at a convenient, well appointed and
properly managed hotel will make no
mistake in securing accommodations at
the Plaza, the handsome pioneer of the
up town hostelrles. The Plaza is locat
ed In the heart of the finest portion of
Gotham. It faces Central Park, Flfty-eig-hth
and Fifty-ninth streets, Fifth
avenue and Plaza square; Is within half
a block of the' terminal station of the
Sixth avenue elevated road and can be
reached by any of the up town cars.
The Interior arrangements of this 1io
tel fully correspond with Its Ideal lo
cation. From the moment the guest
enters until the moment of his depar
ture, his experience Is one of pleasant
surprise at the elegance of the appoint
ments, thp uniform courtesy and effi
ciency of the hotel's staff of servitors,
the comfortable rooms and the excel
lent cuisine. There Is an atmosphere
of welcome which, without suggesting
offlclousnoss, at once puts the visitor at
perfect ese. Indeed, a sojourn at the
Plaza Is like a visit with some hospit
able host of wealth and taste, and pro
duces an Impression of personal obliga
tion which remains long nfter tha pay
ment of the moderate charges.
It is small wonder that this hotel is
gaining In favor among Scrantonlans.
MUSIC ANDLAUGIITER.
Can lie Enjoyed with Tha Kodak at
iiavts- mentor.
Since the magnificent Octoroon com
pany delighted the patrons of Davis
theater several weeks ago a better en
tertainment has not been offered than
the Nobs Jollity company In "Tho
Kodak," which opened yesterday for a
three days' engagement. The audience
yesterday was captivated by the novel
efforts of the company in music mak
ing. Every member Is a musician, even
farmer "Dad" plays on a hat rack.
IietWeen Ihn miiulnul r,.,r,l,.1H,.- ....
class farce comedy work is done by the
iiM-iii.M.TM. j ne parody on "Romeo and
Juliet," by Miss Mlgnon Carrol and Jo-set-h
'H. West, with l.v..i v,.u u,
full" moon, was very amusing and
umjuk'ii "in a room mil of laughter.
The performance is one of the best
ever given at the Davis theater. "The
Kodak" will be repeated today and to
morrow afternoons with evening per
formances. Kanclng Class. .
Mrs. Elizabeth lwls, of Pittsburg, will
open dancing classes In Excelsior hall
and 227 Wyoming avenue, as follows:
Adult class, Tuesday evening, Oct. 12. at
8 o'clock. Tuition for ladles, $5; gentle
men, $7, for 1.1 lessons. Children's class
Saturday afternoon, Oct. 19, at 1 o'clock
tuition 7 for 13 lessoni. Tuition In both
classes payable one-half In odvance.
Notice.
All employes of tho Peck Lumber Man
ufacturing company are requested to meet
at company's office on Tuesday at 1 p.
m. to arrange to attend the funeral of the
late president, J. W. Peck, lly order of
the foreman.
Miss Genevieve Rommell
Is prepared to taiu pupils In piano and
theory at her studk, No. 206 Washington
avenue, Tuesday, m-deeeday, Friday and
Saturday of each week.VJCntrance through
Entrance through
Vore. ,
iSp. to) S3. Pratt's
Jt W. Guernsey's music
Gold and fountain pens
hook more.
IMS SIIPT.f HOWELL NOW
c .-?' , - ,, :
High School's Assistant Principal
Elected Head of City Schools.
I'ROP. LAXGE WAS DEFEATED
Board of Control Decides the Matter by
Vote of til to D-Ballotlng Was
Brief, hut It Attracted a
largo Crowd.
By a vote of 12 to 9 Professor George
Howell, assistant principal of the high
school, was last night elected by the
board of control superintendent of city
schools. The other candidate was Pro
fessor J. C Lange, principal of the high
schixil. The election was made to till
the vacancy caused by the resignation
or t.he present superintendent, ProfeS'
sornlcorge W. Phillips.
In local circles the situation had been
the chief topic of discussion since Su
perintendent Phillips tendered his res
ignation. Piofee'soi'S 'Howell and Lauge
!'.)
ft x
mm h i
PROFESSOR GEORGE W. HOWELL.
Elected to Fill the Olllce of City Superin
tendent of Schools.
were the only candidates in the field,
and their chances were considered an
uncertain quantity until yesterday af
ternoon, when Professor Lange's
friends claimed his election was cer
tain, and this opinion seemed to be
Bhared by neutral parties. It was not
until Just before last night's meeting
was called to order that Professor
Howell's supporters seemed confident
of success, but this view was not gen
erally known of accepted, and -the re
sult of the election was really a matter
of surprise.
A half hour before the meeting began
a crowd of possibly a hundred curious
pet-sons nnd friends of the candidates
gathered in the corridors of the city
hall, and when the controllers took their
seats in chambers the throng of specta
tors filled all tihe space usually allotted
them In the rear of the large room, and
overflowed Into the hall, many council
men and others, who thought them
selves privileged occupying space in the
secretary's olllce or stood in the con
necting doorway.
All Members Were Present.
President Carson rapped the meeting
to order, and no time was lost in getting
down to the particular business of the
evening. The roll call showed all of
the twenty-one members present. Mr.
Notz's motion prevailed that the reg
ular order of business be dispensed
with.
Mr. Mahon moved that Superintend
ent Phillip's resignation, which had
been tabled when it was received at
a previous meeting;, be accepted. The
motion prevailed, and Sir. Jennings
moved that a committee of five, to act
In conjunction with the president, be
appointed to draft resolutions In testi
mony of the excellent life, character
and ability of the retiring superintend
ent. Tho motion was unanimously
adopted, and later President Carson an
nounced the following as his associates
on the committee: Messrs. Jennings,
Wormser, Coar, Wels-h and Not.
A motion of Sir. Nota being carried
to proceed to the election. Sir. Barber,
without anyaccompanying speech, nom
inated Professor Lange, and the nom
ination was seconded by Sir. Shriefer.
In nominating Professor Howell, Mr.
Von Storch said: "I had prepared a
speech, intending to follow Mr. Worm
ser's example of never letting slipan op
portunity to talk, but as he has re
frained from speechmaklng tonight I
will do the same, and simply place in
nomination the name of Professor
Oeorge Howell." The motion was sec
onded by Mr. Welsh. Mr. Wormser
trave no sign of having noticed the
little dig made at him.
The secretary was then Instructed to
poll the vote, which was as follows, by
wards:
Details of tho Vote.
FOR HOWELL:
2- C. H. Von Storch.
3- H. J. O'.Malley.
V-Junies A. Evans.
0- .1ohn P. Mahon.
9-W. J. Welsh.
12 J nmes O'Hoylo.
14 T. J. Jennings. '
KJ. H. Williams.
IK Thomas Coar.
lit Herman Notz.
M William G. o'Malley.
5 George II. Carson.
Total, 12.
FOR LANGE:
1 George Slltchell.
7 John Devaney.
(t F. L. Wormser.
10- W. S. Watroiw.
11 C. J. Conrad.
13 C. S. Jacobs.
1G O. H. Schriefer,
17 F. S. llarkcr.
21 W. H. Lang-staff.
Totiil. 9.
Whtn tho secretaiy announced Ihe re
sult .Hilt tvas h ii..uit'iii... j uuim
npplause by the spectator.!, nearly all
of whom Immediately left the building.
Professor Howell's election was, on
motion of H. J. OWIallef, made unani
mous. 'Nothing was done toward
choosing a new assistant principal for
the high school. Superintendent (Phil
lips' resignation Is to take effect Nov. 1.
The payroll for September was ap
proved and contained the following
Item: Teachers, $ll,fiM.42; substitutes,
ISG.7:i; Janitors, $1,830.20.
Othcia itusiness Transacted.
Not a little discussion and tangle
was created by IMr. Jennings' confes
sion of an oversight made by ithe build
ing committee. He reminded the board
that at the last meeting bids had been
received for huildlne; the new No. Id
school and that Peter Stlpp was the
lowest bidder. Since then the architect
has recommended that all the bids be
rejected and the ilans be returned for
the substitution of Iron girders for
wooden ones, as the change would not
Involve a cost exceeding the appropria
tion limit. iMr. Jennings, therefore,
recommended for the committee in ac
cordance with the architect's sugges
tion. The matter was not settled . until
after all manner of motions and
amendments had been made, with
drawn and made again with such rapid
ity and variety that President Carson,
the meeting and the motions became
hopelessly tangled'. Finally the mem
bens talked to an understanding and
Mr. Jennings' motion, as follows, was
unanimously adopted: That Peter
Stlpp, the lowest tldder on the original
plans, be awarded the contract and
that the commltteo be Instructed to
confer wlthihlm In relation to the extra
cost Involved by the substitution of
Iron for wood.
On the new high school building con
tracts It was decided that orders be
drawn to pay Conrad Bchroeder $20,009
for building contract -work; Hunt
v
Connell. $3,160 for heating construction,
and Little & O'Connor $20,515 for ar
chitects' percentage.
On Mr. Williams' motion It was decid
ed that the night schools be opened
Monday, Nov. 3. .,
. Sketch of Professor Howell.
Professor George W. Howell was born
on the West Side In 185. He entered
Pennington seminary when a young
man, and after spending two years at
that Institution -Sir. Howell passed three
years as a student at Newton Collegiate
Institute, two years at Lafayette uni
versity and four full terms at the Uni
versity of Illinois, where he completed
his school education. After teaching
several years at numerous cities in the
eastern and central states. Professor
Howell accepted a position at the
Scranton city hih school as assistant
principal, which position he has held
for seven years, up to the present time.
In all, he has taught school for twelve
years and his experience has ranged
from the three r's of the country school
to the better curriculum of a public
high school. In 1S!2 Professor Howell
was admitted to the bar of Lackawan
na county on motion of Judge Edwards.
He did not Intend to practice, but the
movement was considered from a per
sonal education standpoint. Professor
Howell has traveled extensively
throughout the United -States and his
lectures have interested many. Among
his well-known addresses are: "Cardi
nal Richelieu," "Things We Believe
That Are Not True," "Words," "The
Jews," "Columbus." "The Sloon." "The
Philosophy of History," "Literature
and Books."
A reporter for The Tribune called
tipoti Professor Howell last evening.
His Scranton street home was in pos
session of a ho,4t of friends. During
the evening Severn! hundred prominent
men of the city visited the professor
and extended congratulations. Speeches
were made by a score of gentlemen.
Professor Howell responded briefly.
When the reporter approached him,
Professor Howell said. "All I have to
pay Is my only regret Is there are not
two offices of superintendent, that my
friend, Professor Lange, might have
one."
TO BRING MKKKLO HERE.
Requisition Papers Mndo (hit Yesterday
to llavo Him Extradited.
Crenceszo 'Mtrtio, who was arrested
In Btston .Saturday for the murder of
Emanuel Loro. hi old Forge last sum
mer, was given a hearing in Boston po
lice court yesterday. A -motion was
made by the Burling & Sicirfwi-ney de
tectives that the case be continued nnd
the prisoner was remanded to prison
until Friday, when the hearing will
take place,
Slerelo's arrest, It was learned yes
terday, was made through the com
bined work of Detective Bauer, of
V'ilkes-Uarre, one of Barring & Mc
Sweeliey'8 men; two (Boston detectives
who were specially engaged by Bauer,
and an Italian from Old Forge who has
known .Merelo for years but whose Iden
tity has, for obvious reasons, been
kept concealed.
'After satisfying himself that the Sle
relo In Boston was the man wanted. De
tective Bauer, through the two Boston
detectives, established a fake employ
ment agency and hired Slerelo along
with a score of other Italians for rail
road work. The men were gathered In
a room nnd I.Merelo was picked out of
the crowd liy the Old Forge Italian who
was taken to Boston for that special
purpose. The latter Is an intelligent
Italian, speaks good English and Is a
good citizen. In addition to the immi
gration papers found on Slerelo's per
son Is? had In his possession letters of
fering additional evidence that he Is
the man wanted.
These facts will, at Friday's hearing,
be offered by a Boston lawyer, whose
services were yesterday engaged toy
telegraph. The detective agency here
does not feel at all anxious over the re
sult of the hearing, ns they believe the
evidence offered will be sufficient to
have 'Slerelo finally held to await the
arrival of requisition papers from here.
Steps were taken In the matter here
yesterday. Alderman Wright certifying
to the necespary Information which will
be sent to Harrlsburg to secure Gov
ernor Hastings' signature to requisition
papers. Thirty days Is the period
within which the governor of Massa
chusetts may be asked to deliver -Merelo
to the Pennsylvania authorities.
Mr. iRaning stated yesterday that
the detective agency has not been
working under the reward offered for
the murderer's capture, but that a spe
clal arrangement had been made with
the county commissioners whereby the
agency Is to be paid for Its work.
NEGRO CHURCHMEN.
Many of Them, Some of Prominence,
Here Yesterday.
The bishops and many members of
the African (Methodist Episcopal con
ference of western Pennsylvania and
West Vlrg'inla, which met In Wllkes
Barre last week, came to Kcranton yes
terday afternoon and were welcomed
by 'Rev. C. A. MeUee, pastor of the
Howard Place African .Methodist Epis
copal church. A portion of the after
noon was spent In conference and at
8.30 o'clock services In the church were
attended by a throng which filled the
little edifice to the doors.
The delegates and members present
were: Bishop B. W. Arnutt, D. -D.; of
Wllberforce, O.; Dr. W. H. (Brown, pre
siding elder of the Pittsburg district;
Rev. Cornelius Asbury, Si. I)., presid
ing elder of the Allegheny district;
Rev. U. 8. Bentley, ID. D., of Allegheny
City; Rev. J. W. Reilly, SI. D., pre
siding elder of Wheeling district; Rev.
W. 8. Lowry, East End, Pittsburg;
Rev. I. Jf. Ross, Pittsburg; Itev. J. W.
Jeffries. Wllkes-Barre; Rev. J). F. Call
man, secretary of the Pittsburg confer
ence; Rev. R. Tanner, of Allegheny;
Rev. W. H. Palmer, St. D Monnnga
hela City; R. 'SI. Henderson, Phillips
burg; Rev. A. E. Waldron, Honesdnle;
Rev. W. II. Pride, Clarksburg. W. Va.;
Rev. Alexander Smothers, Sllddleton,
Pa.; Charles Brown. Pittsburg: n. H.
Slorrls. Washington, pa.; W. C. Gow
ens, Uniontown. (Pa.; and Misses Grace
P. Offer, president of the Sllsslonary
society of Pennsylvania; SI. B. Pratt,
Meadvllle; M. E. Anderson, of Sfead
vllle, Pa.: Anna Cameron, Blonmslmrg;
Vf .... T lr T . rr iiMti i. .
.,.,n. u. . .ji-niTi, iiKes-.narre; i.virs,
Emma Thompson, Wllkes-Uarro, iMrs.
S. L. Gardner, Sleadvllle.
After several hymns by the choir, led
by William Dorsey. prayer was offered
by Rev. I). F. Callmnn, of Pittsburg.
The sermon was preached bv Bishop
Arnutt from St. Paul. I, 11. It was a
plea nnd an argument for Benin God
as He directs, nnd not by methods and
means which originate with man.
FUN ER A L A N N OUNCEM ENTS.
The funeral of John F. Rellly will take
place from the home of his parents In
Dunmore On Wednesday afternoon at 2.30.
This afternoon at 2.30 tho funeral of
Charles H. Doud will take place from his
late residence, 315 Washington avenue. In
terment In Dunmore cemetery.
On Wednesday afternoon ut 1.30 tho
funeral of J. W. Pock will tnke, pluce
from his late residence on Monroe ave
nue. Services will tie con J-ieted at tho
house by Rev. Dr. C .E. Robinson and in
terment will be made at Peckvllle.
Tllnnk hooks and stationery below cost.
Pratt's Book Store.
' MAHKIK1).
BOOS!-EDWARDS.-At tho home of the
bride's parents In Hamllnton, Wayni
county, Oct. 12, 1805, by Jtev. H. O.
Harned, Samuel Boom, of Mooslc, and
Silas Lottie Edwards, of Humllnton,
Wayne county.
; jrtiEa ... '
HUNTSMAN. In Scranton. Oct. IS, 1893,
Mrs. Martha Huntsman, aged 84 years,
at the residence of her son-ln-iaw, 411
North Seventh street. Funeral Wednes
day at 1 o'clock. . Interment at Btrouds
bur. : .
DID NOT PAY THE COSTS
For That Reason Court Is Ashed to
Strike Oif Mr. Smith's Appeal.
IT WILL BE AltGl'ED LATER
In Consideration of SI and Natural Love
and Affection Mr. Smith lias Sold
Ills Real Estate Valued at
$40,000 to Uis Wife.
An application was made to the court
yesterday to strike off the appeal taken
by Attorney Cornelius (Smith from the
award of the arbitrators In the libel
suit instituted against him and John
G. Jennings by Attorney I. II. Burns.
The suit was the outgrowth of charges
made against Sir. Burns and others by
Mr. 'Smith in a paper book filed with the
Supreme court in the application for a
mandamus against the Lackawanna
county court to compel it to discharge
John O. Jennings on common bail.
On July 27, Sir. Burns began pro
ceedings against Attorney Smith and
Mr. Jennings to recover $.'iO,OUO damages
for the alleged libelous charges made
and the case was heard' before arbitrat
ors, no defense being offered. On Sept.
19 the award of arbitrators was iiled
allowing Mr. Burns $15,000 damages.
From this award on Sept. 23 IMr. Smith
took an appeal, paying the costs,
amounting to $17.13, with his personal
check to Prothonotary Pryor, at the
same time directing the latter to hold
the check 'until the costs, which (Sir.
Smith said were excessive, were re
taxed, lie subsequently filed a writ
ten protest against the amount of the
costs, ami pending tho settlement of
the matter the check was not converted
Into cash by (.Mr. Smith's request.
The twenty days allowed by law for
taking an appeal expired Oct. 9 nnd us
Sir. 'Smith had not paid the costs It is
held his appeal Is Illegal. The time
specified by law having expired he Is
not now entitled to an nppenl. Judges
Gunster nnd Edwards were on the
bench when the application was mnde
and granted a rule to show cause why
the appeal should not be stricken off,
making It returnable to argument
court.
Smith Tendered the Cash.
After the application for the rule, At
torney Smith went to Prothonotary
Pryor ami paid him $47.13 In rash nnd
took his check, lie told (Sir. Pryor to
hold the money until the amount of the
costs Is finally determined and the
money was sealed In an envelop and
placed In the Prothonotary's safe. The
law provides that no appeal shall be
valid unless the costs are first paid In
cash to the prothonotary. On this point
there Is a decision of the Supreme court
In an appeal taken from the common
pleas court of Lancaster count v.
On Oct. 12, 1871, Harrison Graham
brought an nct'ion In assumpsit ngainst
Asahel C. Walker and Samuel Walker,
rrai'tners, in the common pleas of Lan
caster county. 'Arbitrators found an
award for $354.20 In his favor. The de
fendants entered an appeal, and accord
ing to the record, the costs were "paid
prothonotary by defendants by draft."
On a rule to show cause on the applica
tion of the plaintiff the court struck off
the appeal upon the ground that the
costs had not been paid In money. The
defendants took out a writ of error to
the supreme court and assigned for er
ror the striking off of the appeal. In
passing upon the case Justice Will
lams, of the supreme court, said:
"The arbitration act of 1836 makes the
payment of all costs that may have ac
crued In the action a condition prece
dent to an appeal from an award of ar
bitrators. The payment of the taxed
costs Is therefore indispensable to the
perfection and validity of an appeal,
but the prothonotary has no right to ac
cept anything but money or cash In
payment of costs, and therefore no
valid appeal can be taken from an
award of arbitrators If the costs are
paid by note, check or draft, or In any
thing but actual cash."
If the appeal Is stricken off the award
of the arbitraitot-s will stand, unless the
supreme court should Interfere.
Sir. Smith's Property Transferred.
Attorney Smith was the owner of
valuable properties on Adams, Jeffer
son and Slonroe avenues, worth In the
neighborhood of $40.'Ono, but he sold
them to bis wife on Aug. 5 last In con
sideration of $1 and love and affection.
A month later the deed was recorded
In the office of Becorder of Deeds Hues
ter. There are four lots mentioned In
the deed, each 40 by 150 feet In size.
Two of the lots are on Adams avenue,
each Improved with double frame
frame buildings In the front and rear.
A lot on Jefferson avenue is Improved
In a simitar manner and a lot on Slon
roe avenue, between Vine nnd .Mul
berry, Is Improved by a fine residence.
These are tho only properties (Mr.
Smith owned In the city at the time
the transfer was made. His wife be
comes responsible for the payment of
the mortgages against them. After 'the
status of iSIr. Smith's appeal has been
determined, steps will b? taken to as
certain the legality of the transfer of
the properties by Sir. Smith to his wife.
THEIR FIFTH ANNUAL HALL.
Pleasant Event Conducted by tho Hebrew
S onny Men In .Music Hall.
Music hall was the scene of a very
pleasant social event last evening. The
fifth annual ball of the Young Men's
Hebrew Benevolent association was
held. (Bunting and patriotic drapery
gave tho ball room an appearance of j
brightness. The stage was banked !
with hot-house flowers, and from this
floral alcove camo the strains of music,
furnished by Bauer's orchestra.
There were present about 100 couples.
Artistic programmes of the order of
dancing were presented to each lady,
and the persons arriving were met by a
committee consisting of J. Jurkowitz,
I. Weiss, Philip Karp, A. Rosenblum,
H. (Schmulovltz, H. Slechlovitz, SI.
Grospman and S. Miller. The floor com
mittee comprised: ill. Klein, Sam Weis
bcrger, -Joe Rosencwelg and I, Gross
man. (David Welsberger was assistant
master of ceremonies.
Edward Wels was master of cere
monies; he and SIlss Annie Jurkowitz
led the grand march. A good time was
enjoyed until a seasonable-hour. The
officers of the association are: Presi
dent. Jacob Son; vice president, A.
Schwartz; secretary, A. Propperj treas
urer, Jacob Harris.
GAVE A HOUSE WARMING.
.Members of Divlson I 7, A, O. II. of A.,
(irect Their Friends in New Quarters.
At the beginning of the current year
Division No. 17. Ancient Order of Hi
bernians of America, was organized
and Its membership Increased so rapid
ly that It was found necessary to secure
larger und more commodious meeting
rooms than had at first been rented,
and a lease of the main hall at 421 Lack
awanna avenue was affected.
A house warming took place last
evening. Invitations were sent out to
the members of the city divisions, and
at 8.30 there was a large representation
of visiting brothers present, besides the
almost 100 members of 'Division 17. J.
C, Vaughan was the presiding officer.
The opening number was a stirring bal
lad by William Dawson. A. F. O'Boyle
was Introduced and entertained for
BEST SETS OF TEETH. 18.00
Including- the painless extraettag f
seta by aa entirely new process,
S. C. SNYDER, D. D. S.,
131 VSKE SKZL
thirty minutes or more. His address
was replete with patriotic sentiment
Remarks were made 'by 'Mr. O'Malley,
of OlyphantMM. H. Griffin. Attorney D.
J. Reedy. SI. J. O'Toole and others.
The committee prepared bountiful re
freshments. Congratulations were ex
tended to the brethren of No. 17 upon
their accession to new rooms.
Free Roller Skating Rink.
The Linden street bridge is being used
as a free open-air roller skating rink and
bicycle practice space. Its asphalt pave
ment is an Eldorado for hundreds of chil
dren daily. The bridge is also being used
by foot travelers, but la not accessible to
teams.
Fall
Novelties
and Holiday Goods are
coming every day.
IN
CHINA CLOCKS as
as $2.00.
W. W. Berry,
JEWELER,
417 Lackawanna Avenue.
High
Grade
Shaw,
Emerson,
Malcolm Love.
Clongn & Warren,
Carpenter,
Waterloo.
And Lower Grades at
Very Low Prices.
J. LAWRENCE STELLE.
303 SPRUCE STREET.
The present time we are
naming the lowest prices
in the city on strictly
First-Class Fresh Meats,
as below:
Porterhouse Steak, best cuts . .15c
Round Steak 10c
Rib Roast 12c
Chuck Roast 9c
Breast ot Mutton... 8c
Leg of Mutton 12Mc
Pork Roast 12Kc
Pork Chops 12c
Pork Sausage, home-made 11c
Spring Chickens 14c
Boiling Meat 4c
Frankfurters 10c
Fresh Bologna 8c
White Rose Lard 10c
Compound Lard 8c
Sugar Cured Hams 1 0 1 c
Tin Tag Hams 12c
Breakfast Bacon 12Kc
Green Bacon 8c
California Hams 8c
The above goods are as fine
quality is there is to be had.
Winter Will
Soon H?r?
And to be prepared to meat the cold
weather you want a seasonable Suit or
au Overcoat or both-
IND THE BEST PUCE
TO VISIT FOR SOIRETHINS GOOD
1.1 MERCHANT TAILORING
IS
n
406 Lackawanna Ave.
THERE YOU WILL FIND
The largest stock to select from. Trim
ming Always of tha Best, Latest (Styles
in Cutting, and made up on the premises
by Expert Workmen.
rWNothlng allowed to leave the estab
lishment unless satisfactory to tke cus
tomer, and the lowest prices consistent
. with Good Merchant Tailoring.
AT
THE
SCRANTON GASH STORE
F. P. PRICE, Agent.
1 ESI
We Make
Things Hum
In Furs and Cloaks we
are offering for one week,
commencing Oct. 7,
BLACK CONY CAPES
30 inches long and 3 yds.
sweep,
Fop $9.98
Fermtrir f 18.00
ELECTRIC SEAL CAPES
30 inches long and 3 yds.
sweep,
Fop $15.98
FenMrh $28.50.
ASTRAKHAN CAPES
30 inches long and 3 yds.
sweep,
Fop $17.00
Fermerlf 130.00.
One hundred dozen
WATER MINK NECK SCARFS
Fop 98 cents
Formirly f 2.00.
CHILDREN'S GRETCHENS
From $2.98 up
CHILDREN'S REEFERS
From $2.00 up
We have a larger and handsomer
line of Ladies' Cloth Coats and Capes
than ever before.
JT. BOLZ,
THE ONLY FURRIER IN SCRANTON,
138 Wyoming Avenue.
NEXT TO THE DIME BANK.
Just arrived and now on ex
hibition the most . handsome
line of the latest decorated
and newest shaped
CARLSBAD CHINA,
DINNER AND TEA SETS.
NEARLY ALL STOCK PATTERNS.
INSPECTION WILL CONVINCE.
LOUIS RUPPRECHT
Successor to Eugene Klebsrg.
231 PENN AVE., OPP. BAPTIST CHURCH,
ft-.t SPRUCE
Hack
191.
Hi ft)
Have been purchased by and used
IX THE NEW ENGLAND
CONSERVATORY OF Ml'SIO
DurUis the past twelve years.
500 SOLD IN SCRANTON
And vicinity during the past few years,
show their immense popularity. To.re
is no doubt about their oaingThe Beit
Piano for the Money In the Mar
ket Today.
We Will Be Pleased
To show you our Urge stock of these and
other first-claw Instruments and give
prices and terms to all intending pur
chasers. L. B. POWELL 5 CO,,
226-228-230 Wyoming Ave
M
X AlttTOO
be at rmsat tk Mo resales aaa Tnfm ky
Liaauic Anasa
Wareroomi: Oppsctte Coluasbut Kaaumsnt,
uHnitrn Av Srrtn.P(j
Bl
HATS
AT
Dunn's
Mr
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