The Scranton tribune. (Scranton, Pa.) 1891-1910, March 10, 1896, Page 3, Image 3

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    THE SCRANTON TRIBUNE TUESDAY MORNING. MA1.C1T. . 10, - 1896.
. XORTOXS
NEW WALt DECOUATIQXSw
. TWh year's styles now in."
Xcry choke" and exclusive des-Tsns,"
urge variety and exquisite
colorings,
in all the grades, suitable
fur the palace or the cabin
churches, public hulls, tiflices, etc.
Heal Silk and Satin Hangings,
. Ivory finished, Pressed Hangings,
Mncrusta, sulid relief, imitates
carved wood, imitation leather,
gold and silver papers
Itoston plain tints and cartridge
papers, with elegant friezes
and ceilings and
. . picture moulding to match.
We invite inspection.
Now is a good time for interior
decorating, Don't wait for
pleasant weather rush.
We supply decorators on
short notice.
M. XORTOX,
323 Lackawanna Ave.
ENTIRE
OF THE
Best Quality,
WE WHOLESALE IT.
Scranfon, Olyphant and Carbondale.
PEKKONAL
' Hev. A. W. Cooper, of Hiiwl.-y, was here
ystf riiay.
' Kx-ShiTiir 4'hurlen Holiinson and K. J.
J ih are In New York illy.
'Mujoi-T. K. IVnniau ha returnod from
biiKineMi trip lo WaMhliigtiui.
Attorney T. Krunk I'eiimun hns re
turned frum WufililiiKion, I). t.
, Tii Misses Untidy, of 1'enn avenue, are
criierialnliiK .Miss Annie Xallin.
Miss K.ise .Murphy, of 'urbonlnle, spent
Hun. lay with fi-Wiids in this rlly.
Mrs. U. U. I'VIIuwh and' son, dene, are
home from a two weeks' visit ut Koeu-r.
John Keenjn. of Towanda. lias relumed
to his homo uftur a visit with friends In
this elty.
Mis Horn Simon, who has lieen the
Kiiest of Miss WorniHer, is spendliiK a few
days in Willes-HaiT.
Miss Cora Al. t'noU, of South Main ave
nue, has returned rm p,.nant visit
wild relatives in .Northumherland,
II. I. .lamleson. or New .York .itv, of
the I'nlied State Casually, was yesterday
the guest o ft he company's Scrtinton
MKent, A. Kuvh.
.Mis Jennio .Monk, of Carbondale, is
HpendiiiK few days with Mrs. J. T. fioli
llison, of SyomiiiK avenue, (Jreen KlilKf.
Mr. and Mivs. Stanley Mitchell, of Wiik
liumton. are guests or Mr. and .Mrs. Sum
mers, of Adams avenue.
I OI R DIVORCES GRANTED.
.MlsnmteJ Peonlu Whn in x-.. i... .
Wed Again.
Four divorces were granted yester
day. Mnrtliu OcliHiiK was iwparated
from her hiisluunt. Ji.hn 1 iehliiiK, to
whom she wiiM mnrried nearly thirty
years nao. Tln-y lived on the Next
Hide anil une .rvt-ninir three years nso
he went out utter supper without suv
tiiK a word. She did not mind that.
I.ut when lie did not return ut the usmil
time. tu' Rot worried. LnukiiiK about
the rooni she saw u note Ivlnir on the
talde bidding her Koml-by' No infor
mation wus t'otjtaineil ii. staling
when- he was kIuk or when he would
lie buck. She )ius not seen him since.
Maud muiTlilll was divorced from
Jier husbani. William Fritz. They were
married In 1ShI In l h.- ,.!,. i,.,n i'.. v
York city. They went iition the stavii
mm tone wnen mey were tilling ui(.
euu(ftneiit In" Huston he linked Iter in
her room three days and three nights
without food. I lis treatment or her she
aver hud been very brutal until she
win no luiiter ubie i,, put tip with It.
Samuel Niclndls Is no longer the hus-
l.Mliil ttt Ut-l...lll., VI..I...H . rt.t.
.. .ii iiiios. j nev were
inairled about tlve years uru unil they
Ihtvl hanrdly on tlie buck mud, neur
the. Sibley until tw years ujrn. (Ini
evenlnif when he i-ume umH, (,., ,vol.ki
he found her absent. She was away
Hire duys.aml lnveytlK:itiijn tuiitfht hhii
that she lutd inrl'eltci! u II iIkIiI there
after to preside over his household. Tes
timony was offered to prove that she
has since been lcudiuir a very dissi
pated life.
M. K. (Vdemiui was grunted separa
tion from her husband. Robert Cole
inun. The lu-oceeillnKs were begun In
Way.
OUR
Continued for Another Week..
, We must get rid of the ex
tra Stock, because our Snriiur
Goods' will be in very soon.
. Just a... few gool tirings
which ytm should consider
before buying:
A dandy Men's Fine
Calf, Shoe, . lace or
cqugress.bestof shape
An up-to-date Fine
Calf -Shoe, razor toe,
extended sole,
A few Winter Rus
sets, double soles, ex
tended, all, sizes, -
$2.00
$3.00
$3.25
HAM C
IT
U IIUUIIUUIII
m spntci msi -
KflFUFP
HEARING TIE PETITIONS
License Court Opened fur the Week
Yesterday.
I'lvE KRMOXSTRAXCES HEARD
In Two of the Case lb Petitions Were
Withdraw nThei Were Michael krolky
and S. T. O'Neill, of Fell Towrn-ehlp-Court
ll.arccljr Attended.
At 1U.30 yesterday morning the pres
ent week of license court began. Judges
Arohbald. Gunster and Kdwards are
on the bench, hearing the applications
and listening to remonstrances. The
lint was gone over as far a Olenburn
and when court resumes this-' morn
ing the applications from Jermyn bor
Auah will be taken un. There are re
monstrances against three of the appli
cants, I'eter Dltmore, J. H. Timlin and
Lewis l-Mzer.
Arclilmld borough was first on the
list. There was a remonstrance against
tieorge Kemciiiczk, who applied for a
bottler's license. Attorney H. II. IHU
gate represented the applicant and ex-
Jndge Stanton, the remonstrants. It
was ulleged that Kcmeniczkl Is an In
temperate man and not tilted con
duct an establishment of the kind, and
that the signers on his petition are all
residents of the First ward of the bor
ough and his place of business is in
the Third ward. There were no other
rctininstruiices from Archbald. There
were live new application.
Thomus C. Williams, of the Third
ward, of Ciirbotulule, desired a bot
tler's license. Attorneys John F. Hey
nolds nnd .Major Fverelt Warren rep
resented lil in. A remonstrance was
lodged and was rcnreMeiiled by Attor
ney W, W. l.athrotie. Thd reason of
the iiiuiositlon Is thai. It Is located In a
residential portion of the ward, and It
is ulleged that. Williams has sold beer
on the premises ut various times mid
on Sunday, much to the comfort and
Well being of the people living in the
vicinity;
SAYS IT IS A NI'ISANCK.
W. 1.. Yariington. ex-postnmsler of
Curbondale. swore that Williams' es
tablishment has got to be a regular
nuisance. IMfUiihunces, carousals, loud
noises, cursing and swearing tire very
frequent and more than once Mr. Yur
rlnglon said he bad to get a special
policeman to restore order. Spencer
Conrtrlaht. the speciul policeman, came
forward und corroborated .Mr. Yariing
ton. John Harris swore to a similar
state of facts as those by the two fore
going witnesses, as did John l,uinui
ouux, Frank Alvln and several others.
tin tie side of the applicant there
were several .witnesses who swore that
Williams ulw'ays conducted an orderly
pluee, and they never saw or heard of
any of the disturbances alleged by the
remonstrants.
There were, only two new applicants
from Carbondale, Martin U Mooney,
of Urooklyn street, in .the Third want,
and Kdward Gorman, at the corner of
lfrooklyn street and Greenfield road
in the Fourth ward. Until places were
represented by Attorney James .1.
O'Neill, who argued that they are u
necessity for the accommodation of the
traveling public and the people around.
Attorney C. Comegys asked lor a li
cense for a distillery for John J. Hill
helmer In Dickson City. This is till
only application for a distiller's license
In this county. .Mr. Comegys stated
that his client had expended thousands
of dollars in the erection of a plant, and
that the establishment was recognized
by the internal revenue department,
nnd Is known as distillery No. ,7il. of the
Twelfth district of Pennsylvania.
JUCKRON UOROCGII PKT1TIONS.
In Dickson borough Attorney II. Ij.
Alwiirth asked for a license for Kdward
Mullen, of the First ward, who wus
represented as a proper person to be
granted one. Attorney John It. Kd
wards represented Thomas McArthur,
and O'Brien & Kelley, H. Fallon.' At
torney Fred W. Fleitz represented John
Gos.ka: Davis & Kdwards, John .Mun
arkle: O'Hrlen & Kelley, George Ferjo,
nnd M. W. I.owry was attorney for
John Koth. These were all new houses
in Dickson and argument was made
that they are a necessity.
The new houses In Dunmore nre P.
C Connolly, 4:;7 Main street: 1. W.
Manley, 132 Apple street: iJomlnlco
Vocaro, Smith street: Salvator Vuhtn
znno, Center street; John F. McCtie, L'ltf
I'ine street; It. I. Krelnberg, William
street: Alton Hathnwny, I'lne, corner
of illnkely street, and lloland & Hegnn,
lrlnlier street. The latter were repre
sented by .Major Warren and Hon. C. 1'.
o'.Mnlley. They promise to conduct a
large hotel on the Dunmore "corners."
There were a large number of appli
cations for new houses In' Fell town
ship, lienionsti ances hud been tiled
against three of them.
There wus a remonstrance against
the petition of .Michael Krotky for a
hotel on Main street. 'Fell township.
'lllli.i-iiuifa VV l l.athrinie unit I. I
Wedeinun represented the remonstrants
and Attorney Frank T. Okell, the peti
tioner. District Attorney John K. Jones
wus culled as a witness on the oucstloii
of the lltness of the applicant. Mr.
Jones said he knew Krotky as a defen
ant In a shooting u IT rii y, for which
crime he ought to be now serving a
term In 'the penitentiary. The Jury
found Krotky not guilty but the fads In
the evidence, Mr. Jones said, warranted
a verdict of conviction. Mr. Okell sub
mitted a few questions on cross-ex-nmiiiHllon
and then asked leave of the
court to withdraw the application, lie
said that this phase of Krolky's char
acter was news to him.
TKSTIMONY AGAINST DI'N'N,
When the tiiinie of John Dunn of the
same township was called, Attorney
Ijutht'ope said there was a remon
strance. Senator M. K. McDonald rep
resented the petitioner. Five witnesses
were culled against the application.
George II. 1'tirdy was the lirst. He
drank a glass of lager beer in Dunn's
plac e about a month ago, but he could
not say whether or not it was John
Dunn who gave It to him. George Den
nett was called and he never had any
thing to drink but sweet cider. Loren
zo Arthur had nothing stronger than
sweet elder. William Walsh came for
ward und his face wus lacipiered with
a bright sheen as If he had been In
dulging in liquor. lie never drank
anything stronger than sweet cider In
I man's place.
"What were you drinking today?"
asked Judge Archbnld. "Water," re
sponded Wulsh. "That'll do," said I lie
court. William Anderson, outside fore
man of the i;ik Hill Coal and Iron
company at iticliinondale, swore the
place Is not a necessity.
Daniel Healey. constable of the town
ship, was a witness for the petitioner
and testified to the necessity of the
place. Nicholas Glynn. Justice of the
peace, gave similar testimony as did
two others. Last year William Dunn,
a brother of the present applicant, ap
plied and there was a remonstrance
against him. It Is claimed the place
has been conducted only as-a boarding
house and temperance saloon.
The apllcation of H. T. O'Neill was
opposed. The remonstrants were rep
resented by Attorneys Lathroiie and
Wedenian and the petitioner by Attor
ney M. W. lAiwry. The first witness
called was George H. Purdy. who was
a witness against Dunn. He suid he
bought beer from O'Neill a mouth ago.
Tho latter has no license. Attorney
Lowry at this stage withdrew the peti
tion. He said he had no desire to press
it further. Ijist year one or the wit
nesses to show the necessity of the
place admitted that O'Neill had been
dispensing liquor before that without
a license, and Hon. John P. Kelley,
who represented him withdrew the pe
tition then.
Piano sale.
Bros.
Big- bargains. Guernsey
FERN'S ANSWER FILED.
Mesponse In the Sapervinoruhlp Contest
la Lackawanna Township.
Attorney Charles H Olver, who rep
resents William H. Fern, against whom
a contest hus been issued for the oflloe
of supervisor of l.ackawanna township
by Patrick Coyne, yesterday Hied an
answer to the petition of the contestant
and in it makes a denial of all the sieci
llcatlons of fraud and illegality alleged
lit Mr. Coyne's petition, which set forth
that 50 votes were -ast for Mr. Fern
for the office which were illegal and not
entitled to lie counted.
Mr. Fern denies this and on the other
hand makes the charge that &t and
more illegal votes were cast and count
ed for Mr. Coyne. He asks that the
petition be dismissed by the court. The
court will be asked by the petitioner to
rnppolnt commissioners and proceed
with the contest.
CHARGE!) WITH Ml SDKS.
San Toni Given a Hearing and Recom
mitted to the County Jail.
Sam Tonl. the accused murderer of
John J. 1 after, wus taken from the
county jail yesterday, where he was
confined on a warrant charging htm
with felonoiis wounding und after a
formal hearing before Alderman Fuller,
was recommitted on a. charge of mur
der. After the shooting occurred Tonl was
arrested and committed to jail in de
fault of bail by 'Squire Keese. of Old
Forge. He secured batl a few days lat
er and was released. When,' however.
Halter's condition grew serious. Dis
trict Attorney Jones ordered 111 n i to be
locked up to await the result of Raft
er's injuries, since that time he has
been in Jail charged merely with fel
onoiis wounding. Yesterday's proceed
ings were for the purpose of bringing
against him the charge of murder ac
cording to the liiiding of the coroner's
jury.
The heailns took place at 4 o'clock,
and was a very brief affair. John T.
Martin, attorney for Tonl, was pres
ent, but did not have anything to say.
District Attorney Junes called Coruner
Longstreet to swear to the verdict of
bis jury and Itoss Keogh, who was with
Halter when the shooting took place,
was called to identify Ton! as the man
who committed the deed. The alder
man made out a committment and the
accused man wus taken buck to Jail.
Tonl showed n great deal of agitation
during the proceedings and eyed Kejgh
closely when he wus testifying as to
his identity. One thing which will go
hard against the accused man Is that
one could not lie easily mistaken In his
Identity. He has a face the like of
which probably does not exist, being of
on odd cast and covered with powder
murks, and In stature he Is decidedly
out of the ordinary, being only about
five feet tall and weighing In the neigh
borhood of UNI iMiunds.
He denies the shooting and claims to
know nothing about the affair. Ills
attorney says that Ills line of defense
may huve some surprises In It.
DICKSON CITY CONTESTS.
Petitions Set lorih the Grounds on
Which They Are Brought.
Kx-Jndge Htantou yesterday filed In
the office of Clerk of the Courts John
II. Thomas the petitions and the names
of the petitioners' signers in the four
contested election runes in the Second
ward of Dickson City borough, la each
case it Is alleged that thirty-one Illegal
votes were cast and counted for the
successful candidate.
M. F. Fudden received eighty-five
votes for council against Til cast for
Joseph Hall. The petition says that
the number of persons entitled to vote
and who voted for Fndden was not
more than llfty-five. and by right Hall
should hnve eighty-six. John J. Altken
received eighty-four votes ugainst seventy-six
last for tjeorge Ilies. The pe
tition says a contest will show that he
is not entitled to more than fifty-four,
while Hies should huve eighty-live.
James Cayglll received eighty-one and
Flunk Sltiims received seventy-nine.
The petition, recites that the former re
ceived only llfty-one legal votes and
that the latter received eighty-two.
Fred Ules received eighty-three votes
and John G. Kley eighty-one. The pe
tlrlon alleges that the legal vote for
the formee wi's not mote than fifty
three ami for the latter It wus eighty
four. Kuoh petition makes substan
tially the same allegations of fraud and
tliut iiersons voted who were not quiil
illed. some for one renson and some for
another of the disqualifying causes. The
signers are as follows:
J. A. HuiTon. Joseph Hall. Henry Mc
Gui rity, Wallace Sirnnis, Hsnjumiu Jar
vis. Ilenjaiiiln Hall. Thomus Kll,
Francis Sininis. Henry Williams, Henry
SiniiiiH. John Wetland. Culhbert Hall,
John II. Lewis, John l.aik. William
Margeston. G. C. Hies, Thompson Hall,
sr., Peter Helehrainlt. John Pressman,
l.uke Hull, James Moroion, J. J. tlil
lielmer, W. Wear. James Murgelsnn,
George II. Schmidt, AUiim llebeler,
George H. Slinms, Cephas Cooper. ltt;V.
W. H. Holder, George Cooper, Hubert
Hall. Henry Dlerks. Daniel Dierks,
Tharmier Menzel. Wlodlvshuw Hullz,
John Malts, Statilst Gorengist, Flunk
Krozdowskl, Frank Snigoskl, John
Smithberger, Oeorge Hies. John K.
Kiev, John Helebrund, John Miller,
William W. lawyer. Charles Kly.
Thompson Hafl, Jr., John Hies. Frank
:. Notris, William Carris, Thomus
Hray.
tiik 1'M m;i:r at davis.
Presented by Mr. and .Mrs. Robert Wayne
und I'orofnny.
Mr. and Mrs. Hubert Wayne and the
same company that produced "From
Sire to Sou" at Davis' theater last week
played "The Plunger" at the same the
ater yesterday. The play was recently
put on, but Mr. and Mrs. Wayne made
an excellent showing in It.
"The Plunger" is well known as Oli
ver Doud Hymn's successful piece. It
Is melodramatic with plenty of whole
some comedy. In uddition to the inci
dental work of the pel forma lice Mr.
Wayne introduced Mr. and Airs. F. 10.
Header In one of the most refreshing
musical specialties ever Imagined. The
work of Mis. Wayne and Hose Adelle
shone brightly. .1. C. Hoblsch. a Scran
ton boy. showed himself capable of the
part of Jim Lincoln, lie seems well at
home on the stage.
"The Plunger" will be repealed In Hie
nfterii'Hins and evenings until Wednes
night inclusive.
The Philharmonic quartet, which will
assist Valentine Aid, the mandolin vir
tuoso, at Y. M. C. A. hall Monday,
March 16, is composed of the following
persons: A. K. Morse, first mandolin;
P. G. Hshappert. second mandolin; K.
W. Neubauer, mandola. and J. A. Foote
of Archbald. guitar. This combination
of instruments has never been heard in
Scranfon and a treat Is in (tore for
thoee who attend.
THIRD EJECTMENT SUIT
U'cidners Are Not Disposed to Give
I p the Battle.
KESILTS OP fOKMEK TRIALS
One Verdict Was for Mia. Weidaer and
the Other for the Land Company.
Case lias Been to the
Supreme Couit.
Another chapter In the famous eject
ment proceedings of Laura E. Weldner
against the New York, Ontario and
Western Land -ompany, has opened.
Attorney S. H. Price, representing Mrs.
Weldner and her husband. A. J. Weld
ner, yesterday began an ejectment suit
against the above company to recover
an undivided one-eighth Interest in sev
enty acres of coal land in Olyphant
borough. It is the third ejectment suit
that has been brought for this laud.
Mrs. Weldner won the first one, the
company the second, anil now Mrs.
Weidner hus begun the third battle for
what she lielleves Is her property.
Mrs. Weldner Is one of the eight chll
di-eii of Alexander Dolph, who died In
1S60. ul'ter naming his son, Kdward
Dolph, as the executor of his last will
und testament. In 1868. Kdward Dolph
purchased of his sister, Laura C. Weld
Her, her Interest In her father's estate
which was un undivided one-eighth In
terest thereof. This assignment was
not acknowledged, but was recorded In
1ST-, and then there was a written ui
knouledginent upon it, without separ
ate acknowledgment by the wife. Mrs.
Weldner was paid $l,0O for her Inter
est, but claims that it was then worth
tlii.linu.
In IHHS Mrs. Weidner brought an ac
tion In ejectment for the laud now in
dispute on the ground that the purchase
by the executor or her interest
was Illegal and for the further
reason that there was an absence of
acknowledgment of the deed.
DEATH OF KDWARD DOLPH.
Kdward Dolph died In April. 1X90,
and on May 1-' following his executors,
Isaac P. Hand and Kdward S. Dolph,
tiled a bill In equity In the court of
common pleas of this county under the
provisions of an act which gives courts
of equity power to rerorm defective ac
knowledgments. The bill alleged that
tho acknow ledgment of the assignment
of April 17, 1X08, executed and deliv
ered by Laura C. Weldner and A. J.
Weldner. conveyed property of the wife
to Kdward Dolph und was defective in
not stating Miut Mrs. Weldner was ex
amined separate and apart from her
husband and asked the relief afforded
by the act of assembly.
The answer of the Weldners was a
denial that there had been any acknowl
elgment before the Justice. N. W. War
ner, or any ot her officer. The defendant
in the present case who had purchused
the Interest of Kdward Dolph In the
land, and the Delaware and Hudson
Canal company, who had leased the
coal from Mrs. Weldner, were olso
Joined as defendants In that cose. Tho
bill wits dismissed In tho court of com
mon pleas, un appeul was taken to the
Supreme court and the decree aflirmed.
The first ejectment was then brought
on for trial und a verdict was hud for
Mrs. Weldner. an execution Issued and
she was put into possession of the land.
The company still claimed the land and
a petition was tiled under act of assem
bly, requiring' the defeated party or
claimant to bring ejectment within six
months, whereupon another suit wus
brought.
FIHST Sl'lT WAS PKND1NG.
The first ejectment suit was pending
When the New York, Ontario and West
ern Laud company's grantor, J. H. Kerr,
purchased Ibn interest of- Kdward
Dolph In the land. At the second trial
of thecasethecompany's counsel offered
the assignment from A. J. Weldner und
his wife to Kdward Dolph; It was ob
jected to because not properly acknowl
edged. The objection was overruled
and thP evidence admitted, because of
the statute curing defective acknowl
edgments. The defendant offered to prove that
there was no acknowledgment of the
assignment, but on objection this evi
dence was excluded. The defendant
also offered to prove that the value of
the property in suit wus very much
greater than Kdward Dolph. the admin
istrator, had paid for It, but this evi
dence, on objection, was excluded. The
counsel for the plaintiff and defendant,
each usked for binding instructions. The
court directed a verdict for the plaint ilT
for the land described In the writ.
It was held by the Weldners that
there was no acknow ledgment, the deed
was void and there Is no law that cures
it. and the court erred In rejecting the
evidence to '.hut effect; tliut the pro
viso of the uc. of 1KMI thut "this act
shull not apply to suits pending and un
determined" rendered it Inapplicable to
the case at Issue, as a former ejectment
was pending which was substantially
the atiic suit; thut the purchase by the
administrator and conveyance to lilm
of Mrs. Weldner's Interest In all the real
and personul properly of the decedent.
Alexander Dolph, was prima facie void;
that the judgment in the first ejectment
was llnul; thut the final decree In the
suit to reform the acknowledgment
could not be annulled by act of assem
bly. INSTHCCTIoN OF TIIK COI'HT.
The court did not tuke that view of
the case, but Instructed the Jury as fol
lows: "The responsibility of Ihe dispo
sition of the case ut this time falls upon
me. There Is no question of fai t to sub
mit to you, and therefore nothing upon
which you would have to pass or render
anything more than a formal verdict,
such as the court directs. I think un
der all the evidence your verdict must
be In favor of the plaintiff, and your
verdict, w hich is a formal one, will be
taken to that effect."
An appeal from this verdict was tak
en to the Supreme court and was r
gited there in February, ls5. The
higher tribunal sustained the position
of the court below, but the Weldners,
not yet discouraged, have decided to
have the case reviewed ugaiu and to
that end brought yesterday's ejectment
suit.
MIST PAI "iS U RREXCY.
opinion of Judge Gunster with Regard to
luking Appeals.
A case was decided in court yester-'
day by Judge Gunster which shows
pretty nearly what disposition will be
made of the appeal of Attorney Cor
nelius Smith from the award of arbi
trators made in favor of Attorney Ira
11. Hums. Judge Gunster ruled that In
canes of appeal from an award of ar
bitrators the costs must be paid in
currency.
Hopkins & Roberts, contractors, who
built the Frothinghuiii theater, entered
ii mechanic's lien against it und ufter
ward a scire facias was entered. The
plaintiffs were represented by Attorneys
Flunk T. Okell and I. H. Hums and
the defendants by Attorney M. W. Low
ry. An amicable agreement was ar
rived at to submit the dispute to ar
bitrators. The case progressed and an
award was in due season given in favor
of the defendant, it having been agreed
that the plaintiff hud no cause of ac
tion. Attorneys Okell and Hums appealed
from the award and paid the costs. Mr.
Okell gave his check to Prothonotary
I'ryor. Attorney lxiw ry took out a rule
to strike off the appeal nnd showed
that the costs were paid by cheek. The
opinion of the court Is as follows:
"One of the conditions precedent to a
valid appeal from an award of arbitrat
ors is the payment of the costs within
the twenty days allowed by the act of
assembly; and It has been repeatedly
held that actual payment is required.
Payment by check, or by draft, or by
charging them to theappellant'a at- ,
torney is not payment within the mean
ing of the act It appears from the
record in the present case that the
award was tiled September 2, lSUo.that
the appeal was taken Scjt. 23. lxili,
(more than twenty days after) and that
the costs were paid by check. The rule
is made absolute."
Attorney Cornelius Smith In taking
the apepal from the $1 ". award giv
en against him paid the costs by check;
the court has the papers now.
ri'XU IS INCRK ASINU.
New Contributions Received for the St.
Joseph's Foundling Hone.
New contributions announced to the
St. Josephs' Foundling Home fund are
us follows:
William Hlckey. $1; John Curry. $1;
Mrs. Kdward Murphy. Si; Mrs. New-
combe, $1; Patrick Corcoran, $1; Peter
Fam-ll, l: Mrs. Monaghan. $1; John
Flynn, tl; Hubert Logan, Si; Matthias
Loughney, XI James I.oughney, $1
Frank Kelly, $1; John Newcombe, $1;
Thomas McGulre, $1; Alexander Gro
gan, $1; Mrs. Margaret Heap. $1; Tim
othy Kelly, $1; Mrs. Koche. $t; Hartley
Lee, $1; Patrick Malloy. l; Patrick
Sloan. $1; Winifred Hines, $1: Patrick
Murphy, 1; Michael Murphy, $1; Deni
al d Kennedy. $1; John Cummtngs. $1;
Kdward Bumbrlek, $1: Thnddeiis Koche.
John Hulligan. $1; William Cottgli
lin, J.".; John Gallagher, $1; P. F. Logan,
$1: Patrick J. I Aga n, Diamond cross
ing, $1: total, J:i; previously acknowl
edged, ll.WiH; grand total, JlMKiT.
STATE iEOI.O;iST LESLIE.
Article front His Pen Will Be Read at
Tonight's .Meeting
The principal feature of the meeting
ot the Lackuwaiina Institute of His
tory and Science to. be held at the
bouid of trade room this evening, will
lie u. valuable paoer by Professor J
Peter Leslie, state geologist of this
state, upon the uses und the purposes
or historical anil sclentlllc societies gen
euilly, and upon the work, the prospects
unit the usei uiness of the Lackawanna
Institute In particular. Also upon the
scope, the utility and the iidminlstia
Hon of public missions.
Hon. O. F. Williams, Professor George
w. runups, Jnn Proud and others will
discuss the paper. As the meeting U
open to mo public generally and ad
mission free, there should be a large at
tendance. People of the city, should
show an interest In such matters.
MEETING OF MIMSTEKS.
Held by Congrcgationul clergymen of
the Wynmine Volte.
Tho Congregational ministers of the
iir t ..... . . . . . . . .
yoiuuig vuuey met in tneir monthly
session at the home of Rev. David Jones,
on Lincoln avenue, yesterday after
noon. The brethren present were: Revs.
T. C. Kdwiimls, D. D., Kdvvardsvllle;
James Jenkins, Warrior Kun; Ifor
Thomas. Taylor; Duvlit Jones, U. 1.
Kvnns, R. S. Jones; D. D Scranton;
Peter Roberts. Olyphant; und J.
Gwawrfwyn Kvans. Vandling.
At 2.30 o'clock Rev. T. Kdwards called
the meeting to order. After prayer was
offered Rev. James Jenkins rend a. pa
per on "The Work of Man In Securing
his Kiinctlllcntion." and Rev. Peter Rob
erts read an "Intercessory Prayer."
Both papers were discussed and much
appreciated.
Good News for the l air Sex.
The ladies of Scranton are promised
a treat next Monday afternoon ut the
Academy of Mush-. The celebrated
dermatologist, Mine. Josephine Le
Fevrc, will deliver her lecture entitled
"Reauty mid the Art -of Attaining It."
Mine. Le Fevre hus lectured in all the
principal cities both In this country nnd
teurnpe and her lectures are very pleas
ing and Instructive, und we sincerely
trust thut the ladies or our city wiil
give her u cordial welcome. Tickets
for the lecture can be obtained at the
drug store of Mutt hews Brothers, free
ot charge.
RHEUMATISM is caused by lactic onlrt
In the blood. Hood's Humtparllla neu
tralizes this ueld nnd completely ami per
manently cures liienniullsm. Be sure to
get only Hood's.
HOOD'S PILLS cure nnitsea, sick heail
orhe. Indigestion, biliousness. Sold by all
druggisls.
TIME
IS SHORT
Workmen have started to
remodel and enlarge our
new store, 303 Lack. ave.
Rather sell at cost or less
than move stock that gets
broken or damaged. Not
room here to tell of the
wonderful values, come
to the store and look.
Pictures
Glass breaks aud frames
get scratched moving, so
prices are down.
A hundred engrav
ings, 16x20 inches,
white aud gold
frames, 3 inches
wide, worth $1.50,
69c
Odd Pictures
Several dozen; some have
a scratch, but don't show
it; prices to sell them
fast. Parlor pictures,
dining room pictures,bed
room pictures.
$10.00 PICTURES, $0.00
S.00 PICTPKIiS. g oo .
R. 00 PICTURES, 3.00
3.00 PICI likI S, 1.75
i.no PICTURES, 1.00
1.00 PIC1 I RES, ,Su
.50 PICI l RES, .ag
Silverware
Moving will probablv
dent aud scratch it, &
prices go down. Outside
case full of suggestions.
Child's cups, hand
engraved, silver plat
ed; we got them low,
sell that way. too:
25c
worth 75 cents each
Butter Dishes
Dozen or so; some
been here too long,
others a 1 little
scratched ; worth
two dollars; take
them for
98c
Again we call today. Lots
of things to see:
REXFORD'S
213
Lacka. Ave.
CHAFING DISHES:
- Aluminum. It is made of pur metal, eon
famine absolutely no poiaonoi tagredienta;
It will yield nntninc hat Uimltliful resaltt;
will cook uuiformly, avoiding scorching.
China Hall
WEICHEL & MILLAR, .
84 WT01ING IVE1UE.
Walk in and look uroiunl.
THIS CUT
REPAESENTS THE
1
205 Wyoming Aveniu.
Carpetings
Here ynu will find a display of Hoods that
will be a revelation to you. Modern, or.
ti.ttlc, inclusive designs ef the finest tevl
lire, unlimited assortment and right
prices. Look at them.
P. M'CREA & GO,
Coal
Exchange,
128 Wyoming Ave.
ill
Do You Know
That You Can Buy
4 Dresden Stripes
I And Figtip?d
1 Taffetas Silks
FOR 59 CENTS?
Actual value from 75c. to $1.00. See our
window. We are showing a large assort
ment of Dresden Ribbon.
MEABS
415 Lackawanna Avenue.
5
In order to clean out all
Winter Suits, also Spring
Overcoats and Spring
Suits from last season
we make the remarkably
low price of "'
fin ton 1 0 ..j rIC 1 1... '
un w.u, 410 anu iu UIIB&
-" "
fnir C a ami. cnriliiv of t.lan
Derby and soft . Felt Hats.
Our Furuishing Goods for
men we sell at our book cost.
The lowest . prices of any
house in Scrautou.
Clothiers, IMer .Furnishers
STEIMWAV SON'S . .
Acknowledged the Leading
PIANOS
01 the World,
DECKER BROS., '
KRANICHE & BACI1E and ethers.
ORGANS
Musical Instruments,
flusical Merchandiss,
Sheet Music and
Music Books. -
Purchaser! will always llnd a complete
stock and at prices en low as the iual
Ity of the Instrument will permit at
N. A. HIJLBERT'S
HUSIC STORE, !
117 Wyom'lng Ave. Scranton
We Have
On Hand
THE BEST STOCK
IN THE CITY .
Also the Newest.
Also the Cheapest.
Also the Largest.
Porcelain, Onyi.Ets
Silver NovcltkM In Infinite Variitjt
Latest Importations.
Jewelry, Watches, Diamonds.
fl. E. ROGERS, ,
Jeweler and . . .
watchmaker. 215 1.ac.awaiM A 7 3,
BLANK BOOKS
Of all kinds, munufcicturcd at sboif
notice, at The Tribute Office.
TAKE CARE tJ'2 cuJota
. ... yo ara troubled wi i k
OF YOUR EYES "'jysf
BUKli'M aud hsvo your eye, examined (rue.
We bare reduced prices au.t are thj loweit In
tbe city. Nickel spectacles front 1 to wl. (aU
from 9i to Ml
305 Sprue Street, Scranton, Pa.
lis
$ 1 0.22
HA6EN
i