THE SCRAOTON TR1BUN 10-TUESDAY, FEBRUARY 11, 1899.
3
Connell Building
Desirable
Offices
HL'ITAM.K FOIl
LAWYERS.
full Privileges of Law Library.
11AVK A KBW I.AUUKtt KOOMS KMi
AUAI'TKD FOR
ARCHITECTS.
AP?LY TO
J. L. CONNELL,
Koom :tOt Council lliiildin?.
BLIZZARD AND THE
LEGAL HOLIDAY
PREVENTED COURT FROM DO
ING MUCH BUSINESS.
After tho Throo Judges Passed on
tho List Argument Court Was Ad
journed Until This Morning Fow
Casos Arguod Largo Numhor of
Suits Continuod Action Taken in
Othor Cases AH of the Offices in
the Court House Closed During
tho Aftornoon Hours.
REAL ESTATE!
REAL ESTATE!
REAL ESTATE!
We oiler lor sale
NEW HOMES
at the following prices :
nlshed the muslo for the twenty-four
dance number on the programme.
The social was in charge o the fol
lowing: I. A. Noalon, general man
ager: A. H. Conk, assistant mnnnger:
James .1. PntMen, master of ceremonies;
Michael McGovern, assistant muster of
ceremonies; reception committee, A. J.
Ltmdy, chnlrmati, D. J. Jloche, John
Uumfortl. JamcH J. Callahan, P. W.
Costello. Michael Fndden. Frank Scnn
lon, William Foley, Frank Scholl; llnor
committee, Frank Callahan. Steve Me
Kenna. M. J. llnunon, M. J. Huddy,
John O'JIollcy.
POSTPONED MEETINGS.
$1,600,
$2,300,
$2,500,
$4,300,
Cajl at Our New Rooms,
Traders Bank Building.
TRADERS REM ESTATE CO
CHAS. SCHLAQBR, Aianager.
) DR. 11. B. WARE,
I SPECIALIST.
iliye, Kar, Nose and Throat
I.
fllcellotus On.ni. to l'.:i() p.m; 'J to 1
Williams llilllillii;,', Opp, i'ostolllce.
The blizzard greatly and the leant
holiday curtailed the session of ursu
ment court yesterday. Tho court room
was cold and It seemed Impossible to
got tho temperature ut a satisfactory
point.
When tho three local Judge went nn
tho bench nt ! o'clock they took up tho
common pleas argument list and dis
posed of coses In tho following man
ner: Argued Calvin W. Parson iiRsilnst W.
W. Van Dyko mid others, exceptions to
report of referee. Michael Wonliolwsk
against the borough of ArchbaUt, rulo
for new trial.
Continued Lloyd Vail against II. D.
Swlck and others, rule to open Judgment.
John McOulre against It. F. Aswell. cer
tiorari. Solomon Dawson against against
Annie Dawson, nile for ilecrco In di
vorce. In ro: lunacy of Catharine O'Haxa,
rule to stay. Klizabeth D. KltcncU
against Churls H. ritchctt, rule for
decree In divorce. C. 15. Wctlierly
against George W. Iluruurgcr and oth
ers, rule to ipiash attachment. Jacob
Huravltz agulnst ltoso Huravlu, rub1 tor
decree In divorce. Joseph Summers
against Mlko Srhefchlch and others, nile
$C fi f f ' to "nt'n Judgment. Fetor Mosylan against
O.UUU i Mary Moslyun, rulo for decree in divorce.
$7 i David Spruks against Lizzie Lehocky.
O flflfj I '"lo for Judgment. In re: petition to
- v W satisfy mortgage from Sut-an Davis to
Thomas K. Thomas. Ida Uugoule Me
Comb against John McComb, rulo
for decree in divorce; John Itcdell
against Spring Itrook 'Water com
pany, rulo for mandamus execution. J.
T. Watson against John 1$. 1iwry. cer
tiorari. D. L. i'otter and others against
C3. W. Beenier. rule to open judgment.
Hulls absolute H. 11. Throoi against
K. .1. ICIifgood, rulo to take off the sutl
faellon. Patrick Connor, guardian,
agulnst Scianton Traction coinpuny, rule
to take oft' non-suit.
Settled and stricken oft list Clement'iio
Itonwlck against Robert Renwlck, rulo
for docreu in divorce. Joseph A. 11
pliln against William J. Schubnieiil. C.
A. Morse ngnlrst C. M. Buttr, certiorari
Doiiil & Sillier, trustee., against John
Tasker and others, demurrer. Mohawk
Condensed MPk company against C. ,M.
P.utts. rule to Mo appeal mine pro tune.
Michael nunnery against P. P. McDon
nell and others, rule for new trial. W.
J. Ilarrlseole against W. J. (iruy, excep
tions to b:Ui.
$ 4,500
$13,000
Storm's Sovority Causes Many Plans
to Bo Altered,
Considerable preparation had been
made for the observance of the sev
enth oiinlvcir.ury of the Itescue mis
sion, to bo held last night at the rooms
on Franklin nvenue. Early yesterday,
however, the committee of ai range
incuts held a meeting and It was de
cided to be futile to attempt to hold
the session lost night, so It was there
upon agreed that It should bo postponed
until next Monday evening, Fob. 20.
Additional features may bo arranged
for the exercies, now that a postpone
ment was made necessary.
The graduating exercises of the pri
mary clasp or the Penn Avenuo Bap
tist Sunday school, which was to have
been held tonight, has been postponed,
owing to tho inclement weather. Later
announcements will be made as to when
the exercises will be held.
No meeting of tho Catholic Historical
widely and Newman Magazine club
will be held tonight. The state of the
weather is responsible for tho postpone
ment. WILL SPEAK HERE.
SCRANT0N CITIZENS
AREVINDICATED
FINDING FOR PLAINTIFF IN
OAKFORD-HACKLEY CASE.
Famous Suit Involving tho Control
of a Valuable Tract of Coal Land
Is Decided by Judge Buflington in
the United States District Court.
Charges of Fraud and Deceit Made
by Mrs. Hackloy Against Judge
Jessup and Major Oakford Are
Declarod to Bo 'Groundless.
1&
t " -t" -"
CITY NOTES
t t i-f'Htttftt4"r
SI I'lMUl TO."UiHT.-Sipiel Kill be
served ut St. Luke's Kust Knil iiilosliiu.
i orm r l'rcfcott avenuo .il.U Vine Mrcet,
nils e tiling lielween U and s o'clock.
'J lie public Is culdiillly ltivllul to ijr ples-i.it
In tho certiorari case of Joseph Gnl
lenes against Frank ltnrns Judgment
was ntllrmed by agreement of tho
parties.
As soon as the list had been p.istd
upon court -was adjourned until .1
o'clock this mottling. Tho court house
olllees were all doted during the af
ternoon and business In the building
was almost entirely suspended. In one
or two Instances ambitious clerics or
olilce holders dosed their otllees to tho
public and endeavored to get abreast
of the clerical work of the utlice which
had fallen behind during the busy
terms of common pleas and iiuarter
sessions court which ended Saturday.
President Parsons, of New York
City, to Address Local Carriers.
Job JL Parsons, of New York city,
president of the National Association
of Letter Carriers, will bo in tho city
Sunday, Feb. 2(1, to address a meeting
of local curt-lei's.
Tim resident mall carriers aie com
pleting arrangements for the subscrip
tion canvass in behalf of the annual
convention of mall carriers In this city,
September next.
-
INJUNCTION DISSOLVED.
Opinion Handed Down in Bortree
Case by Judge Gunster.
An opinion was handed down yester
day l)j. Judge F. W. Ounster In the case
of John S. Hot tree against Sheriff
Pryor. acting for the Kastern Union
Uulldlug and Loan association.
A permanent Injunction to stay a cer
tain sale vn refused and piellniinary
injunction dismissed.
BASKET BALL NOTES.
THREATENED BY FIRE.
l'lXKHAL THIS AFTKKNOdX-Prnm
bei late home on i'unith struct the lu-
i end of Miss Murgatcl Camion will tuko
Pl.ise nils afternoon at -,:Vl o'clock. In-
. rnieiu will be made at Cathedral cemc-
ONLV TWO PLAYUD. The Inclement
w.her had its effect upon the tliecu
hiclgi wheelmen's pi.ol tournament Jui-t
night. Only two players appeared. A.
l'lm and O. Knight. The score was 50 -IT
m faor of the fnrinei.
PATTKItN.MAKintS' MKKTIXO. The.
recently organized P.ittunmakers' lenguu
of tills city held a meeting at the A. O.
I " ball Sunday nltenioon. At a meet
log to lie held at the same hall Sunday,
Feb. y. otticer.s will be elected.
PAY-DAYS. Tho Delaware, Lackawan
na and Western company completed tho
paying of the trainmen yesterday and this
finishes thu paying of employes here
abouts. Tho Delaware and Hudson com
pany paid the trainmen south of Scran
ton yesterday.
Vt'NERAT. TOMORROW MORXIXC
The funeral of Sirs. Mary Calpiu will be
held tomorrow morning from her lato
home, .'w7 Fourth street, IJellevue. A high
mass of recnlem will be celebrated at
Holy Cross church at !i o'clock. Inter
ment will be made ut the Cathedral come.
tcry.
AVI LI. UK XBXwl:i:iC.-It was in
correctly stated yesterd-iy that special
services would lie held during this we;U
at tho Penn Avenuo llapllst church.
These services will not be held until next
week beginning with the regular ser
vices Sunday, Feb. IS. Dr. John Rob
ertson. D. D.. the noted Scotch divine,
will assist the pastor. Rev. Robert F. Y.
Pierce
A tA...OiJU...ft..
I Women's
Sform Ov?rsho?s
First Qualify
!E!
Women's Storm Water
proof Cloth Uppers, black
fleece lined, formerly sold
at $i.oo. Our Price Mc.
Mostly all sizes, for to
day's selling.
Women's
Storm Rtobbers
Good quality regularly
sold at other stores for
5oc. Our Price 20c,
to fit all sizes shoes lor
today's selling. Come
early to get your size.
i
SCHANK& SPENCER
410 Spruce Street,
rTTTTT TTTrTflTTTT
Big Block on Lower Lackawanna
Avenuo in Danger Yesterday.
Prompt and Intelligent action on the
part of (.Jeorgc Wettling and Thomas
Loftus, employes at John T. Porter's
wholesale house, at 20 and 2S Lacka
wanna avenue, probably nipped In the
bud what would surely have been a
most disastrous fire, yesterday aftei
noon at ) o'clock. They noticed the
odor of burning' wood, and. Investigat
ing, found that lire had already eaten
Its way through the lloor and celling
at a. point midway the depth of tho
store.
At this point a chimney leads up
fiom tho cellar, and where It passes
through to the second lloor Is where
the Haines hroku out. The clerks
chopped away the Mooring and extin
guished the Humes with a hand chemi
cal extinguisher. Meanwhile, a still
alarm was sent to the Phoenix Chemi
cals and they tesponded, though with
great dillleulty. The celling was ripped
out near tho chimney and the smould
ering Joist sprayed. It is thought that
tho lire was due to tho fact that tho
Hub became overheated at that point,
owing to the snow obstructing the
chimney.
Hud tho lire gained any headway at
all, it certainly would have raced
through that whole block nt wholesale
houses, tenements and hotels from the
Delaware, Lackawanna and Western
crossing to Cliff street, with a freedom
born of fury, egged on by tho high
wind which wan blowing all day.
JANUARY DONATIONS.
Received by the Florence Crittenton
Mission.
Donations to the Florence Crittenton
mission were made as follows, for the
month of January, and grateful ac
knowledgement of same is hereby made
, by the management of that institution.
Mi'fc. II. C. Sanderson, clothing, shoes;
! Mis. Swan, clothing, shoes; Saunders'
i market, cabbage, sweet potatoes, lettuce,
Ko,iiaxli, apples, bananas; .Mr. Willard
Matthews, ono barrel Hour; Pierce's m.ir
ket, fish, sweet potatoes, celery, burnish,;
Huntington's bakery, bread, cake; Z.eid
ler's bakery, biead, cake; Mrs. A. D.
Stelle, two Ions coal; I.acKawaiuia Iron
and Steel company, live tons coal; Klzer'a
mnrkot, apples, beets; Millar & Peck,
dishes; Mrs. Simon Rice, one-half dozen
canned goods, bananas; a friend, ono
load wood; Mrs. L. R. Stelle, ono dozen
nns fruit; St. Hilda's guild, magazines;
friend, shoes and clothing; Lackawanna
Dairy company, ono uuart milk dally;
Conrad's dairy, or.e uuart milk dealv;
acre's dairy, ono ouart milk dally; Dr.
Anna C. Clarke, medical services; Dr.
Dean, medical services; South Side utoro,
meat; Murborger's market, meat; .Mrs.
Delhi, meat; Ay lea worth's market, moat;
Oraco Reformed church, JO; Mrs. i:. u.
Sturgen, JID; Clrecn Rldgo Raptlst church.
It; Kim Park Kpworth league. 52. Our
special want is gingham, plain blue seer
sucker preferred,
The Manhattan club, of Wllkes-IJalie.
and the Scrimien club will meet ut
Wllki s-llarrc on Wednesday evening.
Feb. 22.
The Sel.iulon Ititsket Rail te.ilh mid thiS
.Metropolitan team of the Xorth Knd, will
play a match game nt the l'iolilenci ar
mory either on Tin sd.iy or Wednesday
evening of next week.
.Manager it. Krgtue Smith, of the Pitts
toll U.isket lla.ll team, aim Manugcr
Teets, of the Scrnnlon team. uae made
llnul arrangements for then teams to
meet at Plttslon on Friday evening, Feb
IT. The game will be played ut the Pilts
ton armory on .Main street.
The Scraiiton le.un challenges rim
Laeltuwiiuna team, of Duumoie, to a
match game of basket ball to be pln.w-il
In the Lackawanna's ball In Dunmoie oil
Thursday evening. Feb Pi. at S.Ij sharp.
Answer through The Tilhiinc. Charles
Xniig. captain: (icnige Nelson T'lts. man
a per.
The Sci union team deiVuled the Xuntl
cuke learn at Xunllcoki- Pint Friday ev n
ing by the set re nt a to u. The seoio
stood at the end of the game ' to 2. nil -n
the Xanticoke ti- mi left the Hoor and
would not play any longer. The referee
wave the uanie In Sciuiiln'l. These two
trams will meet u:'uln In this city ho
Hist part of .Match and a great game H
expected us then Is u great ilvalry be
tween them.
The opinion In tho big coal lease case
of James W. Oakford against Mrs.
Frances A. Hackley was yesterday
transmitted by Judge Rulllngton, of
tho United States district court. He
decides In favor of tho plaintiff.
The bill was In ought by Mr. Oak
ford to enforce the specific perfoiin
ance of a lease for tho one hundred
and fifty acre Hell tract of coal land
at Winton, which Mrs. Hitcklcy agreed
to make, and then after her attorney,
Judge Jessup, under power of attor
ney, submitted It to bur, she refused
to sign, alleging that she had been In
duced to make the au'ieetueiit "by
fraud, deceit and the suppression ot"
facts."
Her inuin charge is that her attor
ney, Hon. 'W. H. Jessup, was unfaith
ful to her interests and wrongfully ad
vised her to accept the Oakford bid
when higher and belter bids were to
be secured.
She also gave as one ol her reasons
tor refusing to perform the lease that
Dr. J. N. Rice wan Interested with .Mr.
Oakford In securing tho laud.
Dr. Rice had made efforts to secure
tho land from Mrs. Hnckley's husband
during the hitter's lifetime, but a ho
was personally objectionable to Mr.
Hackley he could not make a bargain.
Dr. Rice was objectionable lo her, she
says, for the same reasons that he was
objectionable to her husbund. and he
could not have the tract at anv pi lee,
with her consent. Judge Jessup and
Mr. Oakl'oKl, she aveis, both knew this,
but kept from her the fact that Dr.
Rloi was Interested In the deal.
One of the (jwunds on which she
liases the charge that her attorney.
Judge Jes-iitp. c,us unduly Interested in
the oakford bid, was that his vn. V.
H. Jessup, jr., was lo be associated
with Mr. Oakford In the control of the
land.
CASK IlKtil X IIKUK.
The case was begun In the local
courts and irunsfeired ut Mrs. Haelij,
ley's behest to the United States court.
It was heard last fall by Judge Par
tington, S. It. Pi Ice appeal ing for the
plaintiff Imd James K. lJurr and Col
onel "I tub" lnger.-ll for Mrs. Hackley.
The hearing developed some lively i x
changes between the opposing counsel,
and almost precipitated a serious clash
between Mr. Price and Colonel luger
soil, the latter losing his temper and
making a thieateniiig advance when
Mr. Price censured him for wantonly
abusing Judge Jessup, and added:
"Rut then, what Is to be expected fiom
Colonel Ingersoll. whose whole life hay
been devoted to lazing rather than
raising."
Judge liulllnxtim finds that Mrs.
Haekloy's charges are not only untrue
but unreasonable, and directs a speellli:
performance of the contract. Relow Is
given the meat of the opinion:
An examination of the proofs in this
euse shows u specific offer to lease a body
of ascertained coal upon dellnlle toiin-..
The acceptance of that offer In writing
by the defendant ami an authnii.atloii
by her lo her counsel to prepare u proper
lease, uotitleulioii of the l.ise by thu le-
spondeiit's counsel and execution
by the plaiutllf anil 1
tin' respondent
specific
fouivl by n court to be true, except upon
clenr and convincing proof.
After it careful rmisldcrallon of these
pi oofs wo liavi) reached the conclusion
that there Is nothing which In any way
Impugns the Integrity of Judgo Jpscuip
In the leasing of this land, and we nrc
of opinion he acted throughout In per
feet good faith. That a mistake m.iv
have occurred muy bo conceded, that it
may be possible that If other bldde.'S
bad known what Onkford hud ottered
they would h tvo bid more, out it Hitch
Is the ease, these facts woie not occas
ioned by any luck of good fulth or im
proper conduct on, the part of Judgo Jes
sup. In tho flrat place ho mntlo an ef
fort to securo all possible lessees, iln
testllles that among others he inter
viewed Mr. Jein.Hi. Mr. Connell. Mr.
Hand, and M. S. Kenmirrcr, of Mauch
Chunk. Xono of these men are called to
contradict him. The last named exam
ined the borings and Judge Jessup saya
"I explained to him that Mrs. Hackley
had accepted a bid of forty cents a ton
for tho lc-leaslng of tho Archbald prop
erty, but that her lilces were very high
In refertneo to tho vnluo of this proper
ty, and whoever would bid lor It woull
have lo bid very high." Ho r.ays ho told
the satao thine to Mr. Oakford and to
Mr. Sturges who contemplated putting In
a bid for tho Dolph Coal company. Tho
alleged troubks or misconduct is said to
have arisen In what Judge Jessup said to
Mr. Stuigcs. Tho allegation Is that Judgo
Jessup conveyed the Idea lo him that a
forty-cent royalty was all Mrs. Hack
ley wonted and that If the Dolph Coal
company would bid that amount they
would get it. Mr. Sturges' version of the
negotiations is a.1 follows:
WHAT JUDCIK JESSUP SAID.
"Jiidse Jessup didn't say that lur prlco
would bo forty c nts a ton, but that sho
had made a lease to Jones and Williams
at forty cents, and he presumed she would
want the sumo for this land. He didn't
way tliut forty cents would be her price,
but 1 understood that was her figure,
nnd that if wo offered that wo would
get It."
Judgo Jesstip's vcisicn is this:
'Shortly after vlils Mr. Sturges called
upon me and said lie was Interested in
tho Dolph Coal cuupany; that ho undo--
stood that Sirs. Hackley desired to lease
tills property; that her property ad
joined the Thomas Hell tract on ono stle.
1 showed him the leport of the borings
upon the Thomas Roll ttact and told him
thu same thing which I had told Mr.
Kenunerer ..ml Mr. Oakford. lie said
that, as they Joined this property, it was
uioro to them than It was to anybody else,
for they could mine the coal from this
property without making any additional
improvements, and ho said that if they
could gel a lease they could be iMlve!
intr coal within six weeks from the time
they got their lcae. lie showed me,
upon the map, whhh side their properly
adjoined this property; 1 don't now re
member which sldo It was; .and nfter
talking Willi him 1 told him that Mrs.
llucklo.v had accepted a proposition lo
b aso to Jones nnd Williams for for'y
nts; that I considered the Archbald
lease a more valuable pioperty than I
did this, because it was n larger property,
but 1 told him Mrs. ll.ickley's views w-re
very high In lefetence lo this matter, unit
whoever got it would have to bid very
high. I told him that tlieie were tw.-
olliergentlemetithat I knew who proposed
to bid upon the pioperty. and after talk
ing with lilm sumo Utile time, lie said.
'We call affunl to glvo more for that
properly; I will make my best bid llrst.'
and said 'Wbenever you are ready to re
ceive bids. why. wo will make a bid.'
Shortly after 1 received this letter from
Mrs. Hackley. which Is dated October -I.
and Is marked plaintiff's exhibit A, In
which she said: 'Xote what you suy in
tegurd to the Thomas Hell tract, and will
lie. lilad to ri celve proposals for leas",
which will have my Immediate attention.'
When in these days of
Sensational Advertising
livery one claiming to have the best goods at the lowest prices,
WE simply desire to say that we have done our utmost to lurnish
the best wares and latest novelties, at prices as low as consistent
with good merchandising.
In order to keep this stock clean, tree from odds and ends, and
shop-worn goods, we have arranged all such pieces on separate
tables at prices much less than cost. Look them over if you lind
what vou want, vou get a bargain.
Odd Tumblers. Cups and Saucers, Plates, Platters, VegctabU
Dishes, lite. Sweeping retltictton in prices on Umns.
Millar & Peck,
WALK IN AND LOOK
134
Wyoming Avenue.
AROUND.
k . . . . k n k k k k . n it h n . k it t k t n it n itn ,i
THKY WKItK XOT1ITKD.
'immediately after the receipt of that
letter I notllled Mr. Ivemmerer. Mr. Ouit
ford and Mr. Sturges that Mrs. Hackley
was ready to iccelvo their ptopuMtls. 1 , jf
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The Envy of Europe.
European railroad companies have
for many years conceded the superior
service given by American roads, and
within the last few years they have
been patterning their trains after
American models. Their envy has boon
stirred to the limit by the suiupttious
ness of the 'Lake Shore Limited," the
palatial train running daily between
Uostcin. New York. liuffnlo nnd Oil-1 tleulaia:
cago. x hold s more luxuriously fur
nished. Kveiy thing a passenger wants
is at his call. A competent stenogra
pher, whose services are free to pus
wugers, is on the train. A ladles' wait
ing maid is always ready- to be of ser
vice to ladles nnd children. An elegant
barber shop and perfectly appointed
bath rooms are also provided. Three
Libraries, containing a list of standard
works, popular novels and books of ref
erence tiro distributed throuuhout the
train. The sleeping cars are arranged
in insure absolute privacy, while the
dlnlntr car Is? supplied with everything
that the most capricious potato could
desire. The train makes the dlstaneo
lH'tween Xew York and Cbleauo ir. 21
hours, maintaining an almost unheard
rate of speed, while perfect safotv Is
assured. Those who have traveled over
the "Lake Shore Limited" always
make a point of traveling on It again.
Those who have not done so, will lind
It the most novel and thoroughly en
joyed Journey they have ever taken.
thereof
fusal on .he part of
to execute the le.l-e. .No
nhlictloUH ure made to the lorm
of tile lcu.i but the refusal to executi Is
on the ground that the ugiccint-m was
made under " a great misuulerstuiulms
or the facts." The conditions and essen
tials pre-reipilsltit to JuilsdlcUun mid tho
entry of a decree fin sjuclllc peitormaii'n
ure all here found, unless the allegation
of mlsiuiderntaiidiiig of facts Is estab
lished. Such mlstiudei standing must, it
it existed, hiiveutlseu hi the case by rea
son of .lets of Oakford, the lessee; Mrs.
Hackley. the lessor, or Judiic Jessup, her
attorney. .Misconduct on the part of Oak
ford, tho purchaser, is urged In three pur
ler your meals. 320
Co to Lane's
Spruce street.
Pmoke The Poeono Si. Cigar
Only keep it up low? onoueh and
you will succeed in reducing your
weight, losing your appetite, bring
ing on a slow forer, and making
everytning exactly right for the
germs of cona'imption, .Stop cough
ing and you will got well.
THAT DANCE AT SIEOEL'S.
First Annual Social of Hotel JCeepers
and Clerics' Association.
The extremely bad weather of last
night did not prevent the HotcUcc'ciiera"
and Cleik's association from conduct
ing their llrst annual social at Slegel'i
dunoing academy. Tho attendance was
not what It would have been lind tho
weather been nt nil favorable, but
those who did attend enjoyed the social
immensely. Bauer's orchestra fur-
Ayers
Cherry Pectoral
cares couchs. An ordinary couch I
disappears in s sinnlo night. The
racking coueha of bronchitis coon
disappear. And oven tho coughs
of consumption are either com
pletely checked or greatly lessened.
Two tuxea: $1.00; 50c. All druggists.
J. C. AVER CO., Lowell, Mms.
PAIITICULAIIS OP CHARiSl-:.
First That he, seemed the lease by un
due influence exercised and mb conduct
on llie part of Judtte Jessup by ussoiii
tioii with himself lu the lease or offering
to associate Judge Jessup's son, W. 11.
'jessup. and thereby procured a lease less
iavorable to Mis. Hackley than other
bidders would have entered Into if they
liad been fairly treated.
Second That ho concealed rroni Mis.
Hackley thJ fact that one J. X. Rice, a
person objectionable lo Mrs. Hackley,
was associated with him In the lease.
Third Thai ho represented to Mrs.
Huckloy that her relative Jos. H. Dleki-on
was associated in the lease and theieby
pioeured her consent.
The lb si contention Is not sustained by
tho pi oofs. While It U true that Mr. Oak
ford, who was a personal friend of you ig
Mr. Jessup. did during the P illinlhai'y
singes of the negotiation.! suggest to him
that there might bo an oppoitunlty lo
him to take an interest lu the lease, yet
this uffei or suggestion was, as it prop
erly (should have been, declined li J.s
sup. As to the second contention, ti.e
fact that Mr. Oakford did nut disclose Dr.
Rico's connection with or Interest in tho
proposed lease, c.innot . airly bo at
tributed to uiiy motive on bis part to de
ceive Mrs. llaikley. There Is no evidence
whatever that he knew Dr. Rice was
distasteful to Mrs. Hackley. Dr. Rl.o
testifies tliat he hud no knowledge ot thy
fiict that ho was obK-ctlonablc to Mrs.
Hackloy or her deceased husoand. Ills
testimony shows that ho and Judge Jet
tup had had lomo controversy or troudo
and that he feared If ho madn tho appli
cation for the lease to Judge Jessup ho
would not recilvo as fair treatment as
other bidders, and knowing that Mr.
Oakford was Irieiully with Judge Jessup
he procured him to negotiate tlio lease.
We tiro therefore convinced that tho
facts proven lu reference to this seen id
contention, show no Impropriety or mis
conduct on the part of Mr. Oakford.
XO PItOOP OP IT.
As to tho thud contention of Dickson's
alleged interest In the lease the proois
fall to show that any allegations in te
gurd to such inierest Induced nny action
by Mrs. Hackley. They show that no t.l
leged or supposed Interest of his in the
lease was known to Mrs. Hackley on No
vember s. when by endorsement on OaJt
ford's otfer she ngrced lo the giving of
the Ifsise. It therefore could lmvo been
nnd was of no effect In leading her to an
agreement to give tho lease.
Turning now to the conduct of Judgo
Jessup. tho allegation Is made thai lu
making of tho lease lie wiih unlultii
ful to tho interest of his client and that
lie mlsr presented the faem to ifer and
either wilfully or cnrelessly failed to se
curo for her a higher .royalty for bur
coal than Mr. Ouklord's offer. This
ehargo Is a serious one, affecting us it
does tho integrity of a member of tho
bur, of long standing, who has enjoyed
the confidence of his fellow man, It is
a ehargo tjuit should not be lightly or un
advisedly made and which should not be
omniunlcatid with Mr. Kemuicrer ly
telephone, mill he asked who we:e ex
tioctlnir to bid for It. I told him Mr
Sturges and .Mr. O.tkfoid, so lar as I
knew; und he then said he had some
business arranirenients with the Do'ph
Conl company, whom 1 knew Mr. Sturg 's
represented, and lie did not like to come
Into competition with them, for lb want
d ime favors from the Dolph Coal coni
p,n and lie was ulruld lie would not
M-t ti.em If he put in a bl.i against thtm
and was fortunate enough to get thin
properly: and. therefore, lie would with
draw and not put In a bid at all. I also
Informed Mr. Oakford, 1 think, per-
sonall . mid I wiote u tetter to .Mr.
Sturges and sent to his otliec. ot with h
1 have a carbon copy. Alter re
ceiving tbise offers on the Mil day of Xo
vember. I went to Now York, tnkbig
with me the otter of Mr. Sturges and 31r.
Oakford.
"I met Mis. lhiikley. I lead to
her the offer of Mr. Sturges. as I have
reud it luie. I also read to her the off-r
of Mr. Oakford, o better olfcr than that
of Mr. Sturges, that he was to give forty
two cents for the llrst two years, where
as Mr. Slurges was to gle only forty
cents a ton for the llvo years, that as
the Dolph Coal company could Imme
diately mine out tho coal without any
preparation, they would have the op
portunity of mining the greater part ot
the coal, which was estimated til li.V),o00
tons, within five years nnd could get it
all for forty cents a ion: win reus iho
bid of Mr. O.ikfont was forty-two cenls
to start with and as lie would be ob
liged to put on Imptovements to mine the
coal he would not be f spooled to get out
any coal within a year, so that Ids price
would increase at once beyond the fotty
two cents within a year after bo haJ
started to mine, and that I considered
she would get n good deal more money
out of itby leasing to Mr. Oakford than
to Mr. Sturges. for the reason that it
would be to their into est lo mino nil
the coal they could at forty cents within
the five jcars, Instead of allowing it to
remain in the ground and mining it out
ut the Increased rates.
what shk aski;d.
She agieed with me that was bi.'.
tir. Sho asked nie if Mr. Sturs;s
would not give any more. I told
her what Me. Sturges hud said to uu in
the olilce, that they could afford to glvo
more than anybody else and lie would
leuuesied Mr. Sturges to make lil.i hist
bid llrit end I Mippo.-od that wus his
best bid: from what I knew of Mr. Stur
ges I did not btllevc ho would gho any
more. I'pou this she accept id Mr. Oak-
lOlO H IUII UHU 1 ihuiu i.'U(, iiiu- i'. . .
.l.n .'..if.... I...T . f iiii.'nnt 11... '.Ii.iy'i. filtnr I
and direct AY. 11. Jessup to draw up a I
proper lease for the coal mention d.
(Signed) "Piauces A. Jluildey.' "
Xov, i, 1&I. I
In tho first place there is on utter
absence of motive shown on Judge J"s-
sup's part lo part with his dloit's In-
tttesl at an undervaluation. What pos
sible motive could ho have In so doing'.'
The contention that his son was or was
to lie Interested In Oakford' lease Is
without foundation. If the respondent's
contention Is correct Judgo Jessup with
out any proven motive or inducement,
deliberately tuciilleed tho Interests of a
client whoso buslniss he would natur
ally value and that, too, In a way ill
which ho would be almost sure to be de
tected. An iinaylsls of the testimony
shows, to our mind, that Judge Jessup's
version of his statement to Mr. Sturges
Is correct.
Judge Ruflltigton says that the mcas
lire of damaces nt Iho best could only
bo conjectural and ro hjs directs a
specific performance, such as the plain
tiff primarily prays for.
HAMM'S SECOND REFUSAL.
Not
Judge F. W. Gunster Would
Grant tho Divorce.
Judge V. W. aiinster yesterday for a
second time refused to grant a divorce
in the case of Jacob M. Hninm against
Mary C. V. Ilamin.
Tho complulnant asked for Hie di
vorce on tho t'tound that his wife
Scranton Store 124-126 Wyomiug Ave.
Your opportunity
Everything advertised in Sunday's Scrantonian
and also yesterday's daily papers will be found on
sale here at the price quoted all this week.
Muslin Underwear cheaper
than vou can make it
iffkfi
And in every respect satisfac
toiy. too. Such underwear as
we'have been selling during the
month of January and that which
came in under the new purchase
this month is worthy of being
sold at no less than double the
price we ask. However, inas
much os there was a j$reat ad
vantage to us in the purchase,
we have decided to close out the
entire stock at the same low
prices originally quoted at the
opening ot this sale.
Take these for Instance
lor Indies' IDc Moth-
27c
or lliibhiinl xmviik-
ol stood muslin, tucked
yoke and trimmed with cambric ruffle. One ol the Danner
bargains ot this great muslin underwear sale.
for ladies' mic gowns of good muslin, Mother Hubbard
3yC style, tucked yoke and trimmed with embroidery.
49c
19c
39c
for 89c
ftOr tiimmed
V 7 w ,,,
owns
for 69c for 711c
trimmed Q(7 tiimmed
gowns go.wns
t ,-ji for ladies' ioc extra quality cambric corset; covers,
I 2i2C nigh neck and trimmed with line embroidery.
lor ladies' 211c cambric corset covers, V or square neck
and elaborately trimmed with embroidery.
lor ladies' qc cambric corset covers. V or square neck
with cluster o( tucks, tnm'd with lace and embroidery.
An event in dress goods
and desirable silks
Making room lor new spring gouds about to arrive. Not
only a few lots at .1 special prite. but .1 score of fabrics and
styles at prices positively less than New York cost.
i l-'2f dress goods at rc--Make no mistake about this
lot, hvery yard is equal to anything sold auvwheie at 12 ix
hey are double told goods and come in some very d
suable checks. Special while the lot lasts 5C
33c
All of our ;oc bro
caded silk. Special.
One lot black French serge
j6 inch, 09c grade. .
Special 49C
All of our 1.00 silks, black
and colored, in one
lot 5vC
All ofour 7;c Fancy silks,
in one lot, choice of .
anv 49C
All of our $5 and $0 colored
wool dress patterns,
choice of anv
All of our ? 1. 2 ; and $1. so
black figured, also plaid and
striped silk ol every
description, special.". 75C
All ol our all-wool flannels
and Scotch tweeds,
price nas ueen jsc.
special
All of our .oc
dress goods. Spec-
2.98
One lot all-wool
goods, price has been
7SC and Ssc, special.
17c
ill-wool
21c
dress
39c
Bargains in domestic goods
Von snocinl today-sliirlinir ririuls We shall
place
on sale one hundred pieces ot tull standard shirting prints- that
would be considered cheap at 4 cents per yard. While
thev last...
2c
J'llglisll cambrics We shall also place on sale one lot of
fine, solt finished hnglish cambrics, slightly soiled, but
gieat value. Regular price 12 i-2c.
Crash One lot pure linen crash, 7-cent grade,
sped it ! !
MllSlIli One lot, yard wide unclenched muslin,
special -
One lot yard wide bleached muslin, extra quality, soft
finish, a bargain at 6c, special
5c
5c
3c
4c
in
x
X
X
X
u
X
ti
X
V
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X
X
X
X
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n K k n k n . H k k k K K K k W a ' ' A 'A 'A 'a a a 'a a a U a a aX
ritlllliols All of our genuine Honesdale flannel
checks, plaids and plain, price everywhere 35 cents, i
SpCClfU 4 jf 2
One lot all wool skirting flannel, o-cent grade,
special 1C
A sale of remnants
There are more than 3,000 yards in the lot and comprise
a grand assortment of India linon, checked and striped nain
sook. seersucKer, uress gingiiains, outing nanneis, rrencii
lawns, etc. . the real value ol which rangesf Irom 8 cents
to 20 cents per yard. Special.
4c
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X
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chewed snuff and danced whenever sh"
heard music. Judge OunstPr did nut
bollovo that was sttfllclent ground for
a divorce and he refused to grant it
hut afterwards allowed the cuso to h"
reopened nnd additional testimony of
fored. On his second attempt Ilamm fulled
to how that ho was entitled to a di
vorce and Judge Uunstcr In an opin
ion handed down yesterday again re
fused to grant It.
m
Anthony Hopo'a Latest,
"Lady Ursula," Bcidleman, -137
Spruce street,