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THE SCRANTON TRIBUNE FRIDAY; JULY 22, 1898.
8
in iiitiititinHt itti
OXFORD
TIE SHOES j
AT OXFORD j
I TIE PRICES
t
1 What we mean by this
T expression is that this
X shoe is low cut so are X
T our prices. It is exquis-
itely cool and pleasant X
X (or the feet, and our t
prices are also delightfully X
agreeable to the mind and X
t the pocketbook. It be-
stows the greatest amount X
X ot comfort to the foot, and f
1 so do our prices give the f
T greatest amount of satis-
isfaction to our customers, t
X
X
i
Ladies'
Oxford Ties
$2.oo
The Pair.
Black, Ox
Ladies' Tan or
ford Ties, Mill
tarv Heel . .
$2.00
Formerly sold at $2. 50 and
$.00. Good sizes to be had;
so come at once and select
your pair.
-t-
4-
4-4-4-4
4-
X
X 410 Spruce St X
X
The Wllkea-Barro Record can be had
In Scranton at the nevs stands of M.
Melnhart, 119 Wyoming aenua; Mac,
Lackawanna aenue.
CITY NOTES.
Cards of thanks, resolutions ot condo
lence, obituary poetry and the like will
be Inserted In The Tribune only when
paid for in advance, at the rate of 1
cents per line.
Michael Pev cy Grocan Is n candlditn
for delegate to tho Democratic county
convention from tho First district of tho
Twenty-flist vsard.
I.rwin V. linker and Katie L. Good
rich, of Greenfield tc.wi'thlp, were grunted
a marrlaire licence yesterday by Clerk of
the courts Daniels.
The funeral ot Mrs. Thomas Council
will take place Irom her late home, bi'J
t'aimiife ntnuo, Saturday afternoon at
l.oj o clock. Interment at Plj mouth.
eeral car loads of h.ipps joungsters
nnd elder people from the Blnkelj Uap
tlst Sunday school picnicked ut Nnj Aurf
p.uk jesterduy. A Sunday school from
1'hroop was also represented.
Tho tuneial of the late Miss Mur Cu-t-lck
will tuko place tomorrow morning
ut 9 o'clock. A requiem mass will be cele
brated In St. Peter's cathedral Inter,
went will be made in lljde Park icmt
ti ry.
The funeral of the lato Henry Strat
ton was ir largelj attended yesterday
morning trom his late residence on WeD.
bter avenue. Many out-o-town friends
were present. Intcrmtnt was made at
(sterling, Wajne counti.
The Central Labor union has arranged
that the I.aboi Do' ctlebiatlon be ob
berved Monday, Septcmbei 5. An ln tui
tion has been sent to Samuel Uompcis,
president of the American Fedeiatlon of
Labor, to be pieacnt and address the us
bemblage. Tho slurift's sale of tho capital btock of
the lioiitu Glass Pipe and Conduit com.
pany which was advertised for jester
day ntternoon In the arbitration loom
of the court house, has been continued
until Thursday, August 1. The continu
nnpe was sought by tho plaintiffs in the
judgmerts, W. G. Doud and E. E. Miller.
ALDERMEN AND POLICE CASES.
Patrolman l.owij awakened a man on
lower Lackawanna aienuo jesterday
morning it 4M o'clock and advised tho
lellow, who was Intoxicated, to ttart for
home. Tho suggestion of the patrolman
wab returned by several quick blows.
So terrific were they that the ofllcer was
compelled to use his ilub in defense. Af
ter a hard tussle the lugrato was landed
in tho police station. Aa a h'.arlng later
he gave his name as Jacob Belzel. Al
derman Kasson, who presided at pollco
comt, committed him to Jail in default
of 10 fine.
Daniel O'Donncll, of Capouso avenue,
tv as arresttd jesteiday on warrants is
bued by Alderman Kasson on the charge
of assault and battery and threatening to
Kill. Tlllle O'Donnell, his wile, was the
prosecutor. He was nnalgned for hear
ing last evening at fc o'clock. Mrs. O'Don.
uell testified that It is not an Infre
quent happening for her husband to ells
'coloi her eyes and brule her face. She
demanded that O'Donntll bo sent to Jail.
Her request was complied with, Dan be
ing unable to procure ibW bail.
Halph Delaney and Patiiek Gallagher,
of Prlceburg, weio nuestecl last Wed
iicsday tor being drunk and disorderly
and causing a dtatui bailee in a Lacka
wanna avenue saloon. In police court
yesterday morning the outhf In e
plalntng their conduct, told Alderman
Knsson that they came to town to paint
the place. The' alderman Jenl them to
Jail for twenty days, remurkinc that pei
haps their .utistlu ability irilgr.t bo unci!
to gobd advantage li) the fcheiirf, If l lie
corridors of tho prkon need an artht's
l.iusli.
J, S. Gallagher, of the Weal Side. a;-p.-de'ed
befoio Alderman Ivason estei
iluy and pave infounatlon for the arrest
of Mtb. Mn?&ta GnlUfihcr and Jaincs
Gallagher. Jr.. charging them with as
sault and battery. The defendants en
teicrt b.'ll for their uppenrunco at cuuit
btforo Aldciman Morgan, of the West
Bide.
Michael Gibson, of tho West Side, was
nrrcsted by Patrolman Saul yehtcjday rn
a warrant issued by Aldeiman llowo
nt tho Instance of Martin Crlppcn, dare.
tlve for tho Delawaro and Hudson Canal
company, GlbLon was chatged with
stealing two barrels of potatoes from a
car in the switch at tho Larlcawauna
nvenuo station of the ctinpnny AVediies
day. Tho cur of potatoes was shipped to
John T. Potior and was being unloaded
when tho alleged theft occinrid. Ji de
fault of ball Gibson was committed to
Jail. 'I
XBlbew
MAYOR USES HIS
POWER OF VETO
SCHEME TO CLEAN STREETS BY
CONTRACT KNOCKED OUT.
An Effort Was Mndo to Override His
Veto But It Was Not Successful.
City Solicitor Directed Not to Tako
an Appeal in the South Side Sower
Mandamus Case Number of Bids
for Paving North Main Avenue
Received Protest Was Entered by
Five Property Owners.
Mayoi Bailey returned to the select
council last night, without Ills nppiov
ol, the resolution awarding to the
Dunn Knrlnlrlltii- nnil Rtrnnt niennlnir
company the contract for cleaning the
p.wea streets of the city. An effort
t) pas the icsoltttlon notwithstanding
the mayor's veto, failed. The eto is
ns follows:
1 return without my approval tho reso
lution awurdlng the contract for the
cleaning ot the pavements tor the balnrce
of the fiscal year to the Dunn Sprinkling
and Street Cleaning company. 1 hao
several good nnd sufllclent reasons for
thl3 veto. In the flist place this resolu
tion empowers the Dunn company to em
ploy as cheap labor as Its managers deem
lit. Absolutely no restrictions have been
placed upon them. The Interests of tho
city and of the taxpayers have been In
no way safegcurded.
During the prevalent haul times it is
our duty to look foi the employment and
prosperity ot our citizens. Scranton Is
not so largo nor so rich that It can nffoiel
to pay conti actors to do the work tor
which our own ofllcers arc well paid.
Tho effect of this lesolutlon would be to
make the ofllco of street commissioner a
sinecure The sentiment of this com
munity Is opposed to tho resolution and 1
feel that, in Jutlce to mself and to ev
ery citizen, I must Intel pose my veto
James G. Ualley, Maor
R. II. Williams moved that the reso
lution pass notwithstanding the
mayoi's veto, but it was lost by the
following vote:
Yeas Kearney, Melt In, McCann, Kra
ble. .
Nays Ross, rinn, Thomas, Williams,
James, Roche, Wagner, Robinson, Fel
lows, Schroeder, O'Boyle, Coyne, McAn
drew, Chittenden. 14,
WORK CAN PROCEED.
When the city solicitor's request for
information as to whether he should
take an appeal to the Supreme court
from the opinion of the court of this
county in the South Side sewer man
damus case came up Mr. Roche moved
that an appeal be not taken and It wns
carried by a te of 14 to 15. The
common council merely filed the re
quest. Hlds for paving North Main avenue
and Providence Road were offered by
the following: Abbot, Gamble Con
tracting company, of St. Loujs, Mo.;
Alcnlraz Paving company, iPhllndel
phla; Blair & Kennedy, Carbondale:
James B. Rellly & Co., Philadelphia,
and George McDonald. They were re
ferred to the paving committee. The
same action was taken in common
council.
A protest against paving Providence
Road from Putnam street to Bull's
Head until a sewer Is laid was pre
sented by Mr. Roche. It was signed
by George H. Brown, O. V. Palmer,
Peter Cerlnl, C. S. Lovvery and John
M. Kelsling. This protest was pre
sented as a matter of form to preserve
the rights of the complainants In ease
the matter Is carried Into the coutts.
A further reason was to give them a
heating before the committee that will
consider the bids or before council.
The bond ot M. F. O'Malley, plumb
ing inspector, was approved and filed.
It is in the sum of $3,000 nnd the bonds
men are Thomas O'Malley and James
II. O'Malley. The bond of P. J.
O'Bovlo, street commissioner, was re
feired to the Judiciary committee. It
is in the sum of $3,000 and the sureties
are John A, Mears and A. J. Casey.
An ordinance was Introduced for pav
ing that portion of Dix court, between
Linden and Mulberry street not now
paved. An oidlnance passed on third
rending was: Providing for the pav
ing of Forest court with vltilfled brick
between Spruce street and the south
erly end of said court In the Eighth
ward.
FOR CHEMICAL ENGINES.
The following bids for a chemical en
gine were read: Racine Fire Engine
company. $1,400; Chailes T. Hallow ay,
Baltimore, Md., $1,200; Fire Extin
guisher Manufacturing company, $1,175,
This engine Is for the use of the Co
lumbia company of the AVefit Side.
The combination chemical engine and
hose wagon now used by that company
will be given to the Nay Aug com
pany. The following bids were receiv
ed for furnishing a combination chem
ical engine and hose wagon for the
Relief company of Petersburg. Fire
Extinguisher Manufacturing company,
$1,400; Racine Fire Engine company,
limited, $1,300; Charles T. Halluwuy,
$1,470. The bids were referred td the
fire department committee.
A resolution was Introduced and
passed directing that when the new
combination wagon arrives for the Re
lic f company the hose wagon now used
by It be given to the Neptune Engine
company, of South Scranton.
The Ametlcan Fire Engine company
presented bids agreeing to repair the
Franklin engine for $410. An opinion
nf Mr. Rasch, an expert, was read.
It stated that the steamer can be put
In good condition by retublng the
boiler and repaitlng the engine and
pump.
New resolutions were Introduced and
approved as follows" For nn electric
light nt Cometery street and North
Main avnue: strlcking off the assess
ment against Bishop O'Hnra for tho
Catholic cemetery In the Twenty-lit st
wnid. An oidlnance establishing
giade of Delaware street ftom Wyom
ing to Wahlngton avenues was In
troduced, refeued to the committee,
reported fnvoiably nnd passed on first
and second readings.
An oidlnance for paving Qulncy ave
nue between Pino and Gibson streets
with shell asphalt passed on third
re n ding,
CAN BE REPEALED.
The following opinions from City
Solicitor McUlnley were read and tiled:
ltcguidlug ordinance tile of common
council No, 4i. 1W7, granting the light to
tho Dunn Sprinkling and Sticet Clean
ing company to spilnklo streets, and
our inquiry as to the time operation of
the samo would eay It Is my opinion thit
the tcim of said grant explies with tho
tuirent fiscal jenr.
If the fenco of Mrs. McCrca, enclosing
lot on rig strcot. between Plttston and
Cedar avenues, encroaches ten 'feet on
I'ijj street, tho city has authority to ro
move It without Inclining liability,
Thn city is liable to abutting property
owners for injuries resulting from tho
cutting down of the roadway ot a street
Continued on Pas L
GOINO TO CAMP BLACK.
Moro New York State Soiuicrs Pass
Through This City.
Five cars forming a special train
passed thtough this city yesterday
at 3.45 a. in. bound for New York city.
Aboard the cars were two full com
panies nnd a part company front Syra
cuse, Hudson, Cntlesklll nnd Odgens
blitg, N. Y. Theto were about 380 men
and officers and were destined for
Camp Black where they will be at
tached to the Two Hundred nnd Third
regiment, Now Yotk ttate volunteers
on second call.
The two full companies numbctlng
100 men each, upon their at rival will
bo assigned and officered us follow i,:
Company I (Hudson) Rlchnid (!.
Payne, captain S. J. Avery, flrBt leu
tenant; L. H. Payne, second ieutonant,
and Compnny K (Catskll) W. W. Ben
nett, captain; J. a. Hannah, first leu
tenant; C. A. Vroman, second lleuten
nnt. The town name following the
company only indicates vvhete tho
major portion in the company came
from. The other men, about 50 stiong,
came from about Odgensburg nnd will
be recruited from New York city men
nnd nsslgned as follows: Company II
(Odgensburg) Martin Bovnrd, cap
tain; D. S. Lucey, first lieutenant.
This mnkes the third lot of men
who have passed through hero for
Camp Black from up Syracuse wny
nnd "still there's moro to follow." Two
or three companies will go through this
morning. The Two Hundred nnd
Third regiment can be safely trade
marked Syracuse, owing to the num
ber of that city nnd surrounding towns
brave sons In it.
CRUSHED TO DEATH.
Conductor George E. Hammet Fatally
Injured Near the West Lacka-
wnnna Avenue Crossing.
George E. Hammet, tho conductor ot
an accommodation train on the Dela
ware, Lackawanna and Western rail
road, was fatally Injured eatly yester
day morning near the West Lacka
wanna avenue ciosslng. He died a few
hours later.
Hnmmet's train was standing north
of the crossing waiting for orders to
pull into the yard, having Just come
down from Gieat Bend. The conduc
tor was In his caboose preparing his
leport of the trip when a pusher that
was coming down backward ran Into
the caboose.
A moment before the crash Hammet
saw his danger and tried to escape.
He was too late and was crushed be
tween the caboose and the last car of
the train. He was badly Injured In
ternally and died soon after reaching
the Moses Talor hospital. George
Chase was In charge of the engine that
ran Into the caboose. He bald he did
his best to stop the engine but found
it Impossible to do so. It slid.
Hammet was 43 years of age and
lived at 527 North Rebecca avenue. He
Is survived by his wife and three small
children. He was a member of tho
Brotherhood of Railroad Conductors
and the Delaware, Lackawanna nnd
Western Mutual Aid The lemalns
were taken to his late home from the
hospital about 10 o'clock.
The funeral vv 111 take place Sunday
afternoon at 3 o'clock from his home,
527 North Rebecca avenue. The re
mains will be conveyed to the Slmp
bon Methodist Episcopal church at 2.30
o'clock, where the Rev. J. B. Sweet
will conduct religious services.
The Lackawanna, lodge. No. 95,
Brotherhood of Ralltoad Conductors,
and the Delaware, Lackawanna and
Western Mutual Aid will attend the
funeral. Interment w 111 be made In
Washburn street cemetery.
Engineer Chase Is under the care of
Dr. F. C. Hall and two other physic
ians nnd his condition Is considered
serious. Ills grief became so uncon
trollable after the accident that it was
necessary to call in the doctors. They
have scarcely left him bince. At a late
hour last night he had become hjs
terlcal and his mind was wandering.
LEAGUE IS AT WORK.
Has Caused Warrants to be Issued
for a Number of Liquor Dealers.
Charges Against Them.
Attorney Arthur Dunn, of this city,
legal adviser of the Law and Order
leugue of Scranton, went before AlJer
ivnn Fuller esterdny, and gave infor
mation for the arrests of n number ot
piornlnent hotel keepers, charging
them with selling liquor on Sunday.
Warrants were snived vesterday af
ternoon for Victor Koch, of the Scran
ton house; x-Cour.cllman Fred Durr,
Daniel W. Vaughnn, John O Stanton,
nf the Rutledge, ail doing business on
Lackawanna avenue; James J. Pad
den, corner Washington avenue and
Phelps street; Anthony Walh, Jr.,
whoie place of business Is opposite Mr.
Padden's; James J Kelley, coiner of
Washington avenue and New York
stieet, and Mrs, Cecilia Coljman, 137.2
Noith Washington avenue.
Kelley nnd Mis. Coleman are charg
ed with having bold liquor without a
license.
Messrs. Vnughan, Durr, Koch and
Stanton are charged with having sold
1'quor on Sunday, July 10. Padden
and Walsh will have to answer the
chaige of selling liquor on the follow
ing Sundny.
This morning nt 'C o'clock was rtxed
for the hearing.
STONE LET OUT ON BAIL.
One of the Men Accused of Buiglar
izing Driesen's Store.
Charles Stone, chaiged with tho burg
lary of Driesen's clothing store, was
released on ball yesteiday before Judge
Archbald. Edward Nieman qualified In
the sum of $1,000. Attorney Fiank
Boyle represented him.
John Coollch, charged with aggra
vated assault and battery on.Lndrevv
Robel, gave ball before Judge Edvvatrts
In the sum of $G0O. Alex. Slr.nto be
came his bondsman.
DIED.
POWELL.-I11 West Scranton, July :i,
1S")S, Bessie, tho 5-yeni-old daughter of
Mr and Mrs. David Powell, ot D01 South
Main avenue. Funeral Satuiday uftci'
noon uti 2 30 oclock. Intel inent ut
Washburn street cemetery.
WHITE.-ln Wllkes-nane. July 21, 1K,
Charles A, White, 60 ycais of age, at
the residence, 61 Terrace street. Fu
neral Saturday afternoon at 3 o'clock.
Interment at Forty Fort ccmeteiy,
OPINIONS OF THE
SUPREME COURT
CITY HAS RIGHT TO CHANGE AS
SESSMENTS AT WILL.
Supremo Court Reverses tho Lower
Court In tho Case of Joseph J.
Jeimyn Against the City of Scran
ton Verdict Awarded to Jnme3
Gavlgan In His Suit Against the
Atlantic Refining Company Will
Stand Lower Couit Sustained in
tho Steere-Oakloy Case.
Tho supreme court ot Pennsylvania
In cession ct IIsrrlsburgt yesteiday
hnndeel dow n opinions In three Lnoka
vvuniia county cases. It reverses Judge
Archbald's ruling in the equity suit
of Joseph .1. Jerniyn against tho city
nssesscis and the board of revision
and appeals It affirms tho verdict of
the lower court In the Milt of Jame-?
Gavlgan against the Atlantic Refining
company. And In the suit of C. C.
Steere ngalntt D K. O.ikloy It le
verses the finding of the superior courl
and affirms the Judgment of the lower
court. The Cteere-Oakley case has ac
cumulated ti bill of costs almost the
sl'e of the verdict.
No opinion was handed down In the
Van Horn murder case. Attorney L.
P. Wedeman was expecting a telegram
from I-rothonotary Green with regard
to the disposition ot the case. The
likelihood is that It will not be decided
until September. Ml. Wedemfii said
yesterday that he Is prepared to go to
the United States supreme court with
it on unconstitutional questions. He
claims it deprived tho defendant of a
constitutional light to nllow tl.e Jury
to go out and view the premises whole
the woman's throat wos cut without
bringing Van Horn along also.
The .Termj n equity suit atralii3t the
assessois and boaid of revision nnd
nppeals arose over the lnciease of Mr.
Jermyn's a-sessment. In 1895 his
propel ty In the Eighth ward was as
sessed $ll,00e. That was a triennial
assessment. For the year 1W, how
evei, the board acting under the au
thority of the net of 1S93 Issued a pie
cept to the city nsessors and a new
assessment vvus nmde which raised
Mr. Jermyn's valuation to $14,000. To
secure relief from this extra asess-
ment he brought equity proceedings.
MR. JERMYN'S CONTENTION.
He set forth ns his icasons that the
valuation as fixed In 1SU5 could not be
legally ulteied or changed until 1898,
the year of the next triennial assess
ment, as no changes had been made
since 1S93 on his property in the Eighth
ward. The altered assessment, he said,
was void for the further reason that
the valuation was fixed by a so-called
assistant assessor in the ward, when
in fact no such officer or office had any
existence.
Judge Archbald lfi his opinion said
that the :irov Islons of the act of 1895
which gave to the board of revision
and appeals the power of ordering a
new assessment oftener than once In
three jears were vicious In principle
and more than that, in his Judgment,
unconstitutional. The provision which
was of special concern In that case
was that which leads that the board
of levislon and appee' "may in any
year other than a trlei .tal year. If they
deem a new assessment necessary, on
or before the flist day of September,
issue their precept to the city assessors
requiring them to make out and return
a full, Just, and equal assessment of
property within the city or such parts
theieof as the board may deem ad
visable." Judge Archbald said that until the
board had spoken a taxpayer could
have no Idea w hether the valuation of
his property was to be subjected to a
new assessment or not. The matter Is
left to the ungulded Judgment of a
majority of the board and Is subject
to their varying caprices. The one
thing lacking. Judge Archbald said,
was the criterion by which the neces
sity for a new assessment is to be
Judged; this Is ital and should ap
pear by the law Itself, The legisla
ture did not say that under such and
such circumstances, f the boaid deem
necessary a new assessment may be
oidered.
The city appealed from Judge Arch
bald's ruling with the effect stated.
City Solicitor M. A. McGlnley nnd At
torney James II. Torrey represented
the city. I. H. Burns was attorney for
Mr. Jermyn.
STEEUE-OAKLHV CASE.
The case of Steeie against Oakley Is
an lnteiesting one. Vosburg & Daw
son, the plaintiff's attorneys, In their
paper book tiled In the superior court
have this to say; "It would be px
tiemely difficult to find among the
records nf Pennsylvania a civil case
that appeals more strongly to the sense
of Justice that Is Inherent In every
hnrt than tho one at bar. A poor
fanner, owing a debt, borrows of a
rich money lender enough to relieve
his current necessities; implicitly
trusts his creditor to figure the inter
est; tolls and saves and grows old
to pay the debt; is threatened by his
creditor until he pays him what he
demands; and In the end finds that
the man whom he trusted has defraud
ed and cheated him."
Tn 1873 C. C. Steere, a farmer of
Klnsley, Susquehanna county, bor
rowed $915 27 fiom D. K. Oakley nnd
gave a mortgage. From time to time
until 1SS7 Steere paid sums on the in
terest ind princlpul, and on Oct, 10
ot liat ear Oakley demanded a set
tlement In full, and claimed that
Steere owed him '5124318. The money
to pav this clulm was hot rowed from
n man named Homy Bievvster. Dur
ing all the yents of their dealings,
Oakley computed the Intel est. Steere
v as unable to flguie and could barely
do more than sign hla own nume.
GAVIGAN CASE.
The Judgment of the lower court wns
affltmed in the tresspass, suit of James
Guvignn, of the Seventh ward, against
the Atlantic Refining company. Mr.
Gavlgan hi ought suit for damages for
the Impairment of his comfort and
homo enjoyment tesultlng from the
smell that came Into premises from tho
defendant's oil tanks udjncently situ
ated Mr. Gavlgan had lived there for
years before the Refining company be
cume his neUhbor. After that though,
he could not occupy the porch even
ings, nor open tho .vindovvs of his
house for pure air.
Tho ease came up for ttlal before
Judge Edwards a f?w jears ago, Hon.
John I' Kelley, M. J Donahou and I.
H, Burns were attoinevs for Mr. Gavi
gun and Watson & Dlehl represented
tho defendant. A verdict of $180 was
found. The company appealed to the
superior comt nnct tho verdict was
reversed on the ground that Judge
EdvvnidH eired Jn charging tho Jury
that Guvlpan was entitled to recover
damages for the discomfort of himself
nnd family. The superior court said
the man could recover for himself
alone nt he alon was tho plaintiff.
On the next trial of the cmo the Jury
took a more liberal view ot the ques
tion of damages und they awarded
Gav Ignn $1,2S0. The company nppcaled
It again, but this time to the Mipremn
court, us the ntnount was over $1,000.'
And tho suptcmo court rules that tho
verdict must stand.
STEERE'S REQUEST.
At the time ot tho settlement In 1887
Steere nsked for some days of grace
to bo permitted to compute the Inter
eit. Oakley said he was In a big huiry
for tho money as he wanted to invest
It in a silver mine, but assuted him
the figures were correct, nnd If they
were not he would make them light.
S'.ecre called his son, Wan en, in
from the hnyfield to take a hand in
computing but the young man was not
far enough advanced In flgurer, and at
the nest tui ;ie couia cio wns to glance
over Oakley's calculations, After n
time Steeie had tho account calculated
f i om beginning to end, and discovered
that he oveipnld about five bundled
dollars. He demrnded n repayment,
but Oulcley refused, and suit was be
gun In May, 1889, In the common pleas
court of this county.
It first came to trial In ISO; before
Judge Archbald. Oakley's defense was
that ho had charged Steere usurious
Interest, not n uniform rate, but rang
ing from 10 to 1G per cent. At times
Oakley would be pressed hard for
money ho would go, he claimed, to
Steere and ask for a settlement. Steeiv
being unable to raise the money, would
agico to pay a few per cent, more for
the ensuing year, and It went on In
that way from time to time, The law
requires an uctlon for usurious Inter
est to bo begun within six months af
ter the payment Is made. The suit
brought by Steere wns two years after
the final pajment and therefore recov
ety was haired. Rut Steere did not
admit that It was n case of usury. He
said he never agreed to pay any more
than the legal rate of 6 per cent, and
theie was never any agreement about
10 to lfi per cent.
VERDICT IN CASE.
The trial before Judge Archbald re
sulted In a verdict of $100J.2t for Stee"
A new trial was granted, ana in 1S'j(5
It came up before Judge Ed wauls, and
on May 29 of that year n verdict of
$1M.79 was riven In favor of Steele.
Judge Edwards refused a new trial,
and the case was appealed to tho su
perior court. On July 23, 1897, tho
superior court reversed Judge Ed
wards. Attorneys Vosburg & Dawson
took an nppeal to the supreme court
on n special allocatur and the result
wns a decree reversing the Judgment
of tho superior court und affirming the
eid!ct of the lower court.
NON-SUIT WILL REMAIN.
Judge Simonton Refuses to Strike it
Off in Devnnney Case.
Judge Simonton, of Harrlsburg, sent
here yesterday two opinions In cases
he tried In this court. One was the
trespass suit of Ellen Devanney. of
Curbondale, against tho Lackawanna
Valley Rapid Transit company for the
death of her husband, Peter Devanney.
The other was In the mechanics' Hen
case of Gibbons & Nolan ngaln&t Ellen
Moran. His opinion In the Devanney
case was on n lule to strike off the
non-suit heretofore granted. It was as
follows:
Plaintiffs principal witness on the sub.
Ject of the manner In which the accident
occurred which occasioned the death ef
the plaintiff's husband, testified that he
standing on the stoop of a house, looked
in the direction In which the car was
coming, then stepped down upon tho
track and walked n short distance. Tho
witness thought eighteen or twenty feet,
In the same direction In which tho car
was going, nnd consequently with his
back to the car when It struck him and
lnlured him so ns to occasion his death
We do not think my other Inference
can be drawn from these facts, which
were not In any essential particular modi
fled by any other evidence in I he case,
than that the decedent was guilty ot
contributory negligence, nnd we do not
bee how this may be made clearer by r.ny
extended discussion ot the case. Plain
tiff's counsel argues that the effect of tho
decedent's acts Is modified b the fajt
that the railway Is on the sldo of the
street where the sidewalk naturally would
have been, and that he was a letter car
rier und at the time of the accident In the
service of the United States.
There was no pretense that the rail
way was not where It had not been au
thorized to be, and we therefore canaot
see how Its location on the side of the
street enn affect tho ejuestlon. Neither
do we think that the fact that one Is a
letter carrier excuses him In that which
otherwise would be contributory negli
gence. Instead of crossing tho railway
track and walking parallel to It until he
reached the point to which he was go
ing, he chose to walk upon tho tinck
when a car was close behind, and the
Injury which caused his death resulted
directly from this Indiscretion on his part,
and we are unable to see how it can be
held otherwise than contributory negli
gence. The motion to take off the non
suit Is therefore refused.
In the case of Gibbons and Nolan
ngnlnst Ellen Atoian Judfe Simonton
finds npthlng to disturb tho verdict, und
directs that Judgment be entered for the
plaintiff on pajment of the Jury fee.
ii
NEW TRIAL IS GRANTED.
Judge McPherson's Opinion In the
Callendar-Kelley Case.
Prothonotary Copeland received from
Judge McPherson, of Hnirlsburg, yes
terday an opinion tri anting n new ttlal
in the case of Jirs. Margaret Callendar
against Attorney John P. Kelley, as
signee of the Olyphant Trust company.
The opinion is as follows:
An examination of tho notes of testi
mony makes It cleai that the decision of
this case turns upon questions such for
example, as tho ciedlhlllty of witnesses
that can only be decided by a Juty. Tne
Instruction, therefore, to find a verdict In
faor of tho plilnttff cannot be hus
tallied, und the motion for a new tilal
must pievall. The rule for a new trial is
made absolute.
The case 'was tried nt the last tetm
of comt and after the jury was out .1
day and a night Judge McPherson In
structed them to find a verdict for
the plaintiff This was done with the
understanding: that the judge would
fully review the evidence later on and
decide whether he had a right to give
binding Instructions.
FUNEBAL OF MRS. SUSAN DALE.
Interment Was Made In the Ceme
tery nt Baleville.
The funeral of Mrs. Susan Dale,
widow of the late William Dale, took
place Wednesday afternoon at the
fumlly residence In Dalevllle. The Im
pressive services wero conducted by
Rev. Mr. Ackley, who paid a high trib
ute to the life of the deceased. Itev.
Dr. Hanks, a son-in-law of Mrs. Dale,
spoke with emotion on her noble char
acter. The five sons bore their dead mother's
casket. They were T. H. Dale, M. II.
Dale, D. W. Dale, K. O. Dale and
Frank Dale. Interment was made In
the village cemetery near her home.
For Cleaning
Silver,' Gold
:
And Jewelry,
GET
:
MILLAR & PECK'S
Warnmtcd Chem
ically Pure.
10c and 25c
A Package.
CskMz.
t MILLAR PECK t
134 Wyomlni Ava,
"Walk In nnd Look Around."
Best Sugar Cured
Hauis, per lb...
Best California
Hams, per lb...
8c
Best Bologua
sc
126 Washington Avenua.
We Want to See You
at Our New Loan Of-
fice, 227 Washington Ave.
GILLETTE BROTHERS,
Auctioneers nnd Brokers.
Special nargiilns In Wntche, Jewelry,
Musical Instruments and .Sporting GocxK
Watc-bes Itopalred at Lowest Prices aeethe
75c Shirts We Are x
Selling for 37Jc Jy
Home Grown
Green Corn,
Tomatoes,
Cucumbers
and Peas.
Georgia Watermelons,
Blackberries,
Red Raspberries,
Black Raspberries.
Pierce's Market
Health and Pleasure
for the summer months can be. had ut
moderate cost at the
Spring House
Heart Luke, Pa.,
Thoroughly renovated and refurnished,
has hot and cold water baths Heart
Lake Is on the line of the D U & W 11.
It., three miles from Montrose: high ele
vation, pure air, pure water, pure mlllc,
row boats and llsMng tackle free to
guests. Good blcjcle roads, fine shady
grounds, laigo pIa7Ais, dinclnc hull. For
prices and particulars write
U. E. CROFUT, Proprietor
SPECIAL THROUGH CARS
Dally (except Sunday) via
Central Railroad of New Jem
Beginning Juno 27, ISPS, leave Scianton
at S 00 a, in. for
LONd BRANCH.
OCiiAN OROVE,
ASBURY PARK,
BEXMAR (Ocein Ileaeli),
SI'RINd LAKE.
bEA GIRT, ETC.
Ilf turning leave Point Pleasant 11.40 a.
m Spring Luke 11.51! n. in., Llclmj! 11.57
a. m Asbtiry I'aik and Ocean Grove 12 03
noon, Long Branch 12.24 p. m. Arilvo
Scranton 8 10 p m.
This will bo kept up for tho entile sea
ben ehpeclally for tho accommodation of
families ns It will ennblo p.issengeis to
secure and retuln comfortable seats the
entlro Journej.
ALMOST' GIVEN AWAY
A lot of laundry machinery, a
now laundry wagon, two turbine
water wheels, boilers, engines,
dynamos, etc., one MoiEan travel
ing crane, 10 ton capacity, span
45 ft. 6 In., lot of good second
hand hoisting rope, nlr compres
sors, pumps, steam drills, derrick
fittings, mine cars, etc.
r
700 West Lackananm Avenue.
Scranton, Pa. Telephone,
Chas. Dill'. Swift,
Geo. M. Ilallitead,
Edw. Swift,
C. it. Van Butklrk.
SWIFT.
IIALLSTEAD
&CO.,
Insurance
Room 306 Connell Building, Scranton,
1 1 M
n
Toilet
Set
Bargains
vr
v
might Interest you; eleven left from
n;
a large stock; In handling wero sllght-
vi
ly chipped, but not hurt. This onthaa
filled In decoration of 3 colors, newest
O
shape, full gold stripe; they were $4.93,
little chips change the price to ...42,43
Tea Set ' ef.
of plain, white American chlnfafi3
pieced, ought to bo more, '-Tbut
they're I$l."21
IJT.,3
goood china, large enough to hcild'a
pint; all flreel In decorations; waH'lJc,
to move them quickly, they're ...J',TOa
3jll
Tea Cup and Saucer, '"
Scalloped top, Austrian china, ftteo
ratcd and gold stippled, sold forTfflc;
It will change places for .I'lOo
English Tea Pots
that will stand fire, dark colors With
pretty decoiutlons of flowers und g&Id;
littleness of price n mere Incident,
thut's why we print their story ... 1'5,jo
Lamps. JBg
Tho lamp department can help you
In deciding upon a gift, one pleaslnjj'lo
style, has squat shape frame, lift' out
front, 10-Inch globe, neatly decoraicxl,
for $3i-t
fii
You are entitled to a chance onuthe
Ben Tur Blcjcle with every 4c pur
chase, even at these prices. i
IE
THE GREAT -
4c. STORE
310 Lacka. Ave.
JOHN U. LA I) WIG.
FOR BABY' COMFORT
nt the
Baby Bazaar.
Try the Knit Night Drawers,
Knit Drawers, for Ladies and Chil
dren, Dresses, long and short,
Skirts, "
Wnlsts,
Undervcsts,
Kacques,
Blankets,
Hosiery and Shoes.
In great variety and daintiest design
512 Spruce Street
Steam and
Hot Water
HEATINQ3
Gas, Electric
And Combination
FIXTURES
Electric
Light . . .
WIRING
Charles B. Scott
119 Franklin Ave.
The Standard
ElectricClocks
No Winding. No Springs.
No Weights. No Repairs.
No Trouble of Any Kind.
At Small Cost.
K,
ONE NOW RUNNING IN hUHAN
TON h.YVINliS HANK SINCK DU
CUMIIK.t LAST; VAHIKi ONLY.
ABOUT ONi: SECOND A WEEK.
Mercereaii & Connell,
sole Aseuts for this Territory.
THE LAUGEST AND I'lNEST RTOCK
OK CLOUKN WATCHER JKWELRY AND
MLVEUWAKE IN NOltTlIEASTEllN
I'ENNbYLVAMA.
130 Wyoming Avenui.
At Retail.
Coal of the best quality for domestic uss
nnd ot nil Kites, Including Buckwheat and
Blrdseye, delivered In any part ot ttw
city, at the lowest price.
Orders received at the ofllce, first floor.
Commonwealth bulldlnir, room No. 6;
telephone No. 2624 or at the mine, tele
phone No. 272, will bs promptly attended
to. Dealers supplied nt tho mine.
W. T. SMITH.
X
V
c .j