THE SCR ANTON TRIBUJNB-TUESDAY, JULY 25, 1800. y
It's a
Waste of Time
To try to tell you iti this
space what
THE ANGttUS
is. Call at our store aiid
hear this wonderful in
strument played. Any
one can play the best
music ever written, the
latest two-step or popu
lar song at sight.
Perry Brothers
203 WjomliiK Ave.
AMATEUR PHOTOGRAPHY
Depends largely upon the
supplies. The right kind
at
KEMP'S,
ion
Wyoming Avenue
DR. H. B. WARE,
SPECIALIST.
Eye
T?n. nJp o.irl Trlt-rtnf
, J-.U.I, 1.W.3V. lUC4 J.U1W.IV
Cfflcellourn-nrum. to 12.30 p.m, 2 to 1.
Williams Building. Opp, Postouics
x$r
UNI QN1 .y)L AB EL
4--M-
CITY NOTES j
BAXKIll 1'TCY llHAniXG - Tomor
iow Itefciee f A Van Hornier will con
duct heal ings In the Julius Tinugott ami
Simon Kalatnlnskl batikiuptcy cases.
CHECK rilOM 1II1S LOWELL Tho
Home for tho Filend less acknowledges
with gialltudc a cluck for Uj from Mrs.
K. Q. 1'ow ell.
TIICIIU ANNFAL PICNIC -Tho thin
nmuial picnic lor the henelll of the
Montltlore He blew i-cliool will be held to.
ilay at Luirol Hill I'urk. It i-. n woltny
charity.
YOFTHFUL THI EATS -George Seo
loj, aged 12, iml Mm tin Xupltkl, eiged 0,
were committed to the countv Jill ye-ster-cla
foi larceny by Squire Ueorge Smith,
of Bl. !.!.
1300K FOl'NI) A Schiller Building
and Loan n-oclitinn book was found
In the tcinlti' ot eltv hall yestcriltv.
'J In book Is now nt the city controllci'b
nllleo, whoie ownti cun hao Mino b.v
prpving piopeity.
msonni:itLY norsn iiaidi:d-a
dl"-ordeth house nt 1!J Penn avenue was
nlded 1 1 it night about yi o'clock bv
Chief itobllng and seveial olllrers Tour
women and three mi n weir arrested.
The wuo all of sable hue with the ex
coptlon of one of the men.
PICNIC AT lM'NMOIti:-Tho Italia
nibt held tlitlr annual pknlc at 1 tin -tunny
garden. Dunmore vesterday nftei.
norm and evening The Iloma band fur.
nlhed fie imislr and a largo number of
prominent Italians fiom all oer tho
cuuntv v ere In attend nice President J.
A Cas;.cs-e was in ehaigo of the affair.
NEW DOCTOHS -The follow Ing from
tbis cltv Mid vlflnitv were anions the ","
f it ( f '2. nnpil 'ants v.l o wno granted
S'lte ccitltl-at?s to j-rjellro allnralhlo
niod'fh.e. Join I' Htnntou. I, II lta
miilid. J J Su"!vin .1 W Lnikov.T. f"
Joei.s a"d W It r-vlrs of Scinnton I".
J Rlfcnnn did Th inns AI nle of Aicu.
In Id A P I'nlitMin of Alo'inn . W.
Pcl, if Peekvlllc, W. O Hlggins. of
aibondalc
YOUNG CHILD POISONED.
The Two-Year Old Son of Fatiick
Bieen Dtinks fiom a Bottle of
Eye Wash.
The oft lepeated mistake of placing
poisonous fluids within the reach of
children was uufni innately made at
the home of Patilck Hi eon, of Plttstem
niomie, yestoidav, resuitlns In the
death of his blight poii. Joseph, aged
two years
The mother of the child has ben
suffering from eye tumble for some
time, and dining the day she made
several applications or ntronin to lir
ees.
About simper hour last night she
used the wash and thoughtlessly laid
it down Joseph seeing I he bottle,
climbed to It and drank ncaily a
drahm of the llulil, He was instantly
seized with soeie pain and was un
able to speak.
Ho pointed to the bottle and the hor
rified mother dispatched n mo.ssenge"
for Dr. John Walsh whose office is
close at hand For itn hour the doctor
worked on the little fellow and ap
plied a stomach pump Pr. Walsh
Eave up all hopes of saving his pa
tlent's life and was astonished that ho
lived an hour He died at 11 o'clock.
AN OPEN AIR CONCERT.
Given Tonight at the .Residence of
Hon. and Mis. William Connell.
Uauer's band will give the tolloiving
piogrnmmo tonight at an open air con
cert at tho residence of Hon and Mt.
William Connell:
Mnrrh Paris Imposition (new). ...Taj lor
Overture, Maxlinlllluu Arctic i
Selection fiom Hun tuny dlrl Caryll
The Chicken. Hilgndc (by iciiucst).
. . Johnson
"Cambria" Selection of Welsh Molo-
dlfa KonulHseau
Romance, Poem of l.ovo Batiste.
Selection fiom the Serenade Herbert
Starch, Illxal Huvori- (new) . ...Alexander
Star Spangled Banner.
Finest wines and cigars nt Lans's,
220 Spruce street.
A Card.
We, the undcrelencd, do hereby agree
to refund tho money on u dO-cent bittla
of Greenes Warranted Syrup of Tar If it
falls to cute jour cough or cold. We also
guarautee a 25-cent bottle to prove satis
factory or money refunded. J. O. Dona &
Son, Dunmore, Pa.; John P. Donahue,
Ucranton. Pa.
FRANCHISE FOR A
TROLLEY ROAD
DIFFICULTIES THAT HAVE TO
BE CONTENDED WITH.
Set Forth in the Testimony Taken
Yesterday in the Injunction Caso
Against tho Plttston and Scrnuton
Rullway Company Majority of tho
Boioufrh Council Held a Meeting to
Consider Mattel s Interesting Tes
timony of P. V. Coyne, the Star
Witness of the Day.
P F. Coyne, a member ot tho bor
ough council of Old Forge, is not a
cheap man if his own words nio to bo
Imlleved. The man who insults him
by offering n bribe of $100 and n street
car pass makes a mlstnko.
Coyne wns the stnr witness yesterday
nt tho hcailng in tho injunction pro
ceedings of cltbens of Old Forge bot
ough against the Plttston nnd Scranton
Street Railway company beforo Judge
F. W. Gunler. He made n brave
showing when his examination In chief
wns rn, but after ho was turned over
to Jlajor Everett Warren for cross
examination Coyne's roputntlon as a
high-minded cltl;:en who bad nn eye
slngl" to the Interest of tho people of
the borough was badly tarnished. Hero
Is a sample brlelt of what was dingged
out of Coyne on cross-pxamlnatlcn:
"The understanding was that fltnt
we would get what the people wanted,
and then if they (the street railway
people) wanted to pay our expenses
they would have to pay more than $100.
That v.as the understanding. I said
$100 wasn't enough to pay any man's
(election) expenses nnd as long as they
were willing to pay they ought to give
enough Jcrmvn nked what w e w ould
be satisfied with end I told liltn we
weio satisfied for $'00, $1,000 or Jl.fiOO."
That wns candid of Covne to say the
least, even if the figure were not mod
est. HISTORY OF CASH.
To get an understanding of this case
it Is necessary to thrash over sonio
ancient history. About the time the
Taylor line, operated by the Scranton
Railway company, was extended to
Rendham It was the Intention to run
the road as far a" tho .u7erne county
line where It would connect with the
Durvca lino of tho Wyoming Valley
Ti action rompanj.
The legislature seme time before this
had passed an act which made it necos-s-niy
lor a trolley company In passing
along the highways In townships to se
cure the consnt of eveiy person whose
pioperty abutted on the line of the
road. This law was Invoked by prop
erty rw ners of Old Fotge township wno
objected to the trolley road and the
roal could not be built
At length the demand for the accom
modations a trolley road would give
became so gieat that it was decided to
nsk the court for ti boiougli foim of
government, under which the boriugh
council. If It saw fit, could grant a
franchise for th constitution of the
toad, the township law not applying
to boiovglis. This would oveicome the
obstacles put in the waj of the 1m
piovenient by piopeity owners under
the township law. The hoiough was
cieated by the court early In tho spring
of this eai and olllceis weie chosen.
The hoiough movement was stionglv
opposed and after the favorable action
of the court on the petition nn appeal
was taken to the stipeiior coint which
nrpeal is now pending. The boiougli
connell oignnlzed Immediately alter the
sporlal election called to select borough
cffloois and one of the tirst meisuies
piesented to It wns an ordinance plant
ing the Plttston and H i.inton Railway
cunii any pptmlfslon to lay Its trni ks
on coitain ttie'Us in the hoiough. This
ordinance was killed because of eeitnln
objectionable features It rontnlnnd and
n second oidlnance wns drafted which
modified the objections.
VFrorn m lU'P.nnsp
This oidlnance passed the borough
council but was vetoed by the
buigess, Andiew Kennedy, for the
leason that it did not pioper
ly safeguard the inteiest of thu
people of the boiougli. The count II
piomptlj passed the eirdiirince over the
Iiiugess' veto nnd It became :i law.
Woik em the constiuctlnn of tho
Hack began last week niv' the tollow
ing piopeit owners of Old Foige
tlu'ieupon asked for an Injunction to
lestialn the work, holding that the or
dliinnie Is Illegal nnd that Its pas-age
was set in ed by coiiupt methods;
ChnilesJ Kengb. H Willis Reese. John
J. Timlin, John X. Cooke, William
Repp. 1'. J Fallon. T. J. Stewart, OVo.
Safford. John A Wood, Illeliaid W.
Hovvnid, Patlln Tajlor. Fiank R.
LonB nnd Wnllace Ormiston
On the petition of these men an In
junction was Issued and the woik of
eonstt notion was stopped last Wednes
day bv the sheilff The injunction pio
eeedlngs came up jesteidav for a Inur
ing beforo Judge Gunstei li: the main
court loom. Attorneys 11 JI Hannah,
of tills city, and McCollum. ot Uiud
loiel county, appealed for th" piopeity
owners and Major Rveiett Wnnon for
tho defendant company. The Scranton
Railway companv. Is actively Inteiested
In the matter because it will operato
the road.
The first witness examined wns P.
F. Coyne, an Old Forge mcichanl and
also a member of the boiougli toiuull
He said his attention was called to the
ill st oidlnance by Thomas .Stevens, an
other member of council. Witness
voted ngnlnst both ordinances. Prior
to the passage of the tlist oidlnance
he hail a conversation with P. AY. Oal
laghei, claim agent of the Scranton
Hallway comrany. About their first
meeting which occurred at the resi
dence of Rev. J. F. Jordan at Old
Fore, Coyne said:
GAVE HIM A PASS.
'He gave me n book, a paes to ilde
on the street ear free, and he told mo
he would pay mo nnd cacli nnd cvoty
one of the councllmen T100 for election
expenses when that ordlnani'o would
bo passed. Tho second conversation
was at my store and Gallagher sold
lie would stand by what he said at our
first meeting. I elld not see him titter
that."
When Coyivt was turned over to Ma
jor Warren for cross-examination he
W33 asked about a meeting: in the
liockaway hotel at Old Forge which
was attended by Coyne. William Mon
roe, Robeit Staff nnd Patrick Galla
gher, who constituted a majority of
the boi ough council. For a long tlmo
It was hard to flUrg any admissions
from him, but he finally admitted that
the four councllmen hud talked v Ith
Ed. Jermyn at tho hotel about demand
ing money.
"The understanding was," Coyno
then went on to state, "that first we
would get what the people vHintod (In
the way of an ordinance) and then If
they (the street railway people) wnnto 1
to pay our expenses they would havo
to pay more than $100 Thot wns the
undei standing. I said $100 wasn't
enough to pay any man's (election) ex
penses and as long tin they were will
ing to pay they ought to pay enough.
Jermyn asked mo what wo would be
Hatlslletl with and 1 told him wo would
bo satisfied with $r,00, $1,0C0 or $U)0"
Coyne further admitted that he did
some work In getting slgnatiucs to u
petition for it borough nnd was paid
for ills services by P. W. Gallagher,
although ho was not hired by him
Robert Staff another member erf tho
council, sold that he was given a street
car pass by Mr. Gallagher, but It was
not tendered to him until nfter the or
dinance had passed. Mr. Gallagher;
made no eftorl to Influence his vote.
KENNEDY S TESTIMONY.
Burgess Andrew Kennedy said he did
som work for the Street Railway
company as a civil enclnoer. His bill
was $23 and sometime nfter he wus
elected he leceived n check front Gen
eral Manager Sllllman for $7J. lWoio
h" become a candidate fur burgess ho
asked Mr. Sllllman for n subscription
to help elcfrny the evpenes of tlu
borough and was promised $33. It wns
not paid until after he was elected
burgess and tin n it came ns one check
with his peisonal nccnunt of $21. Ho
returned the check. Ho vvn not ofter
ed n pass. II" had one for some time
before he became burgess
He tot tilled that part ot the proposed
line will urn through the land of
George Drake and Potinsvlvnula Coal
compani. Those wlu oppose thu or
dinance allege that this of itself nulli
fies It as the law iciiulies that where
such a road passes thtough private
pioperty the consent of such poperry
owneis must be scouted. That has not
ben done In this ense, it Is asset ted
Kennedy said ho was present nt the
meeting of the councllmen In the Rock
away hotel but he denied that they
had sent a tepresentatlve to GetiiT.il
Mnnagei Sllllman to nsk $1,000 for bun,
$1,000 for Ed. Jemivn and $r.00 each
for the four councllmen present.
George Drake anil William Repp
were called and gave unimportant tes
timony. An effott was made to show
by Repp that the ordinance under con
sideration does not properly protect the
right of the citizens, hut the court re
fused to hear testimony on that point
holding that the council nnd burgess
weie the ones to consider that matter.
The heating will be lesumed this
morning A considerable amount of
testimony Is et to be ofCeted by the
compla'nants.
lally Injunction Case.
Theie was a healing befoie Judge
II. M. Edwards in chambers jesteiduy
In tho case of Mary I.ally to lestialn
her father, John Iall.v.from interfeiing
with the tenants of her mothers es
tate in Uellevue. On March 2i, 1S92,
Mis. Eilly, mother of the plaintiff,
died She named hei daughter Muty
as oxeeuttlx and by the tonus of the
will the husband was to have n Mfe
Intel est in the estate, the daughter
to have charge of collecting the tents
nnd the management of the estate.
Tho object of the injunction Is to
stop him from Interfeiing now with
her In the caie of the piopeity. She
alleges he wants to collect tho lent,
nnd Hint ho does not use It eaiefully.
Under tho law ho Is entitled to a l'fe
toiintitoy of his wife's leal estate after
her death, but the question In th case
is. Did ho waive his lights In that le
spect and allow his daughter to cairy
out tho piovfslons of tho will? At
torney John F. Murphy appeared for
the plaintiff nnd Senator J. C. V.iughan
for the defendant. Judsiu EdVinids
took the papois
Eighth Ward Contest.
Theie wns another homing in the
Eighth waul election contest j ester
ila.v, when the following witnesses weio
examined befoie Commissioner E. W.
Thaei: Thomas O'llilen, Chuiles W.
Jones, John C.ipone, S. V. Hall and
M. 1'. Ilovvlbv.
It nppeaied fiom the evidence that
Howlby had not paid a tax for tin op
veais and his vote will consequently
be. knocked out.
Unfaithfulness Is Charged.
Mli'hael Walter yestoiduv tin ough
Attorney R. A .limiiei man began pto
ceodlngs to seeuro a dilutee fiom his
wife, Cluistlanna Walter, to whom he
was mairled Sept IS, 1SSS.
Ho asks the dlvoieo on tho giotind
of unfaithfulness. Nelson P.iiku Is
nameil ns eonespemdent
An Award for Lee.
The cae of John A. I.e against
Caiollno Hamilton wns heaid lester
dav beforo Aibltratois C. H Oaidner,
J. M. Walker and It. J. Kiel nan.
No appeoraneo was made tor the
defense and after tlie plalntift had
piese'iitetl his case an iiwaid for $.nt 12,
the amount claimed, was letuiued
They Enteied Ball.
Ucfoio .nidge Edwaids jestoulay
Andiew Sucha, who Is chaiged with
assault and battery, enteied ball In tho
sum of $1100. Cieoige Hochok Is Ills
bondsman.
Jacob Pupchoih, who Is also chaiged
with assault and battiiv, was loqtilied
to furnish $.100 to secuio his llbeity.
lliidf,n Uodiok became his suiotv.
Yestei day's Marriage Licenses.
George Hoskopskl Si'i anion.
Josephine; Chant ski
...Scianton
Joseph Nezalkuvii h .
I.ucyza RulkazgUEka
Mozart T Lewis . ..
Maiy Jane Hudley ,,
Aithui Hall
Elldget G.adv
... Mlnooka.
... Minooka.
, ..Plymouth.
....May field.
. . PiIcebmiT.
...Olyphant.
HICKEY CLAIM PIGEON-HOLED.
He Will Now Have to Sue in Court
to Collect.
Tho auditing committee of councils
last nlglu leceived City Sollclloi os-
buig's opinion deciding ngalnst the
claim of ex-Chief P. J. Hlekey for $120,
for the five) weeks Intel veiling between
tho date of IiIh dismissal and tho ditto
ot the confirmation of his successor,
and after a brief debate decided to
table tho claim Indefinitely.
Ex-Chlcf Hlekey will consult his at
torney as to whether or not to tako
tho matter Into couit The former
city solicitor. Mr. McOlnley, gave Con
tioller Howell a wiltten opinion to the
effect that tho claim was valid It
was based on tho Tnrrey opinion In
Patrolman Anthony AVnlsh's case
BEECH AIW'S PILLS
taken at night will make you
feel right, act right and look
tngnx. i ncy euro wunmipauon. i
10 cents nnd 95 cents, nt all tlruic stores. 1
. i i . i i . i . i .. . .j
OPINIONS IN TWO
IMPORTANT CASES
THEY HAVE BEEN RECEIVED
TltOM SUPREME COURT.
Ono Is in tho Case of Williams
Against Moore- nnd the Other in
tho Action of Qunster, Assignee,
Against Jessup and Others Both
of tho Opinions Weio Written by
Justice Green Other Court Mat
ters Michael Walters Asks for n
Divorce.
The opinions In two Lackawanna
cases recently decided by the supreme
coint wete leceived by Piothonotury
John Copeland yestoiduy. Hoth ot tho
opinions weie written by Justice Green.
In the cuso ot William W. Watklns,
now assigned to Edwnrd J. Williams,
etc., against Emily J. Moore, admin
istratrix, etc, appellant, the opinion Is
in pal t as follows:
"It must be conceded that the plain
tiffs cause of action us set forth In his
statement Is of an exceedingly misty,
vague and uncertain tharaetei, haul
to undoistaud and difficult to lecon
cllo with tho facts avened in the state
ment. In the first clause ot the state
ment it Is said that the plalntift claims
of the defendant $1,000 with Interest
fiom Jan. IS, 1S!13, and that It appears
fully in the clauses which follow,
"In the next clause he says that In
Apill, 18S9, the defendant's Intestate,
William Moore, was the owner of a
tract of supposed coal land In Lacka
wanna county, containing 129 acies and
7J peiches and that he made n written
ngi cement or option with Wllllnm W.
Watklns and Rdwaiel J Williams
(plaintiff) to sell them the said land
at some time theienfter, and nfter
they had been given nn opportunity
to test the land for coal, but that he
cannot describe the option because ot
the loss of tho paper.
OPTION WAS EXTENDED.
"He then adds that the option was
verbally extended to May, 1S90, and
that befoie that time and dm lug the
life of the option, said Watklns and
Wllllnms had expended $0,000 In testing
the land for coal, ot which $"i,000 was n
total loss, and he ftn titer says they
continued such expenditure upon the
piomlse of Mooie to reimburse them
nftetvv arils, when the amount should
be ascertained, nnd that It was after
watds ascot tnlned to be $.1,000.
"The next clauso of the statement
alleges that In Mav, 1S50, for the pur
pose eif effecting .a sale of the prop
erty. Mooro made a ileed for It to John
II. Follows. Edwnid J. Williams, Wil
liam AY. Watklns and II. J. Rrennan,
taking at tho same time a mortgage
for $20,000 of tho $23,000 purchase
money set forth In said deed, the col
lection of the $20,000 being testilcted
to said pieinlses. The statement does
not aver that the $',000 was to be paid
or what was to be done about It. and
it wns manifestly defective In this te
spee t. The next clause of the state
ment nveis that the Intel osts of the
other giantees subsequently became
lested In Fellows, who, In January,
1S02, sold the propeity to seveial per
sons named.
"The next clause avers that the loss
sustained by Watklns and Williams In
these transactions was some $3,600 and
the testing for conl'vvhlih was done
by them was ono of the causes of the
sale bv Mooie for many theiusands of
dollais more than he would have io
e'olved had It not been foi the expendi
tures and that another cause was a
fiatul nt noticed by Moote by Inducing
an employe to Intioduee ton feet of
coal coie from another tiact of land
Into the eoie ban el ot the d! filing ma
chine. What lelevanry this fact had,
or could have to the plaintiff's cause
of action cannot be known or imagined
fiom anything contained In the state
ment AVE T MOORE PROMISED
"The next clnuse of tho statement
nveis that In tho spilng of the yeai
ls'i.'. aftei the final deed was made
to the paities to whom Fellows sold
the land, Mooie piomlsed Watklns and
Williams to pay them $1000 In consid
eration of the losses tliey had sustain
ed In testing foi coal as soon ns he
should lecelve the $20,000 secured bv
the moitgage for that amount which
moitgogo hail been given by Fellows,
AYatklns, Wllllnms nnd llienuan The
last clause of the statement aveis that
on hi befoio .Inn IS, lvji, Moore was
paid the full amount of the moitgago
nnd that the Inteiest of AYatklns hav
ing been assigned to AYIUIains, Mooro
neglected nnd refused to pay the plain
tiff Williams the said $1,000 and theie
foto the suit Is biought
"Stilpped of Its veiblago and lnele
lant mattoi. the plaintiff's claim Is
that the defendant Mooie owed and
piomlsed to pay $1,000 In e onsldeintlon
of the loss which Watklns nnd AYI1
llams had sustained in 1SS!) and befoie
May, 1S!)0, in testing his (Mimic's) land
for coal, but that li was not to be paid
until Moore had collected tho $20 000hall has been postpnne-d until Thuis
mortgage In which both Avatklns and
Williams weio debtnm
"It Is oxtiemely ellfilcult to under
stand how a valid cause of oe'tlon
could exist 111 tho elieunistanoos set
foi tb In the stnteinont. For nfter
the loss, which wns the basis of the
piomlse, bad occuired, AYatklns nnd
AYIlllams accepted a deed for tho
land In consldeiatlon that tliev would
pay to Mooro S23.000 for the land In
nil eomnion understanding nnd In legal
significance also, such a claim would
necissailly bo nidged In the deed And
how theie could he a valid considera
tion moving to Mooro to pay $3,000 out
of money which anothei party was to
pay and did pay to Mooie, in dls
chaige ot a moitgage given by AA'nt
klns and AYIlllams to Moote Is, to say
tho least, quite difficult to under
stand NOT AUSOI.l'TE PROMISE.
"It Is not claimed thnt this was on
objolute promise to pay AA'llllams nnd
Watklns, but only a conditional pio
mlse to pay It. If and when he leceived
that particular mortgage money. It
wus not the pievlous loss sustained In
1SS9. nnd befoie 1890 that was the con
sideration, but the subsequent leooipt
of the mortgage money In 1S93 that
constituted the basis and therefoic
tho consideration of Moore's promise
to pay the $3,000 claimed by the plain
tiff Hut that money bulonged In Its
entliety to Moeno and AA'atklns nnd
AYIlllams with the others owed It.
"AVhlle it might be that It could not
be collee ted fiom them peisonnllv It
was their debt and could be collected
out of their land. Tho original loss
having been eliminated ns a moving
pint of tho actual consideration of tho
nlleged new piomlse, and having been
meiged In the deed which wns ac
cepted by AA'atklns and AVIIllnms, It Is
very hard to recognUe It as a live eon
stdointlon for the new subsequent pro
mise. Tho ivholo foundation of
the plaintiff's claim to have the $3,000
paid by Moore Is the fact that AA'ntklns
nnd Wllllnms sustained a loss ot $5,000
by their boring nnd testing operations.
AVlthout these theie Is not tho least
ground to sustain their claim,
"If that fact did not exist they cer
tainly had no light In law or mornls
to lecover tho money claimed. If then
It wns true that they never furnished
tho money expended for testing pur
poses, but Follows furnished It all,
they sustained nn loss nnd there was
no kind of consideration for the al
leged promise ot Moore, AA'hat
tho cotnt said as to tho Incompetency
of AA'llllams was correct. It Is not en
tirely elenr that the cause should havo
been withdrawn from the Juiy with n
binding Instruction for the defendant.
"Wo think it wns error to refuse the
defendant's otter to lead the declara
tion, or stntcment, to the Jury. AA'lth
out It they could not know whether
the testimony sustained the plaintiff's
claim. The Judgment Is reserved and
a new venire awarded."
THE JFSSUP CASE.
Tho other opinion wns In the caso of
Joseph II. Gunster, nsslgnee, nppellant,
against George A. Jessup nnd others.
Among other things the opinion says:
"While It does not appear that there
was any specific approptiatlon ot any
paitlcular payments made by the
bondsmen, It did appear very clearly
thot the payments they did make weie
largely In excess of the whole penalty
of tho Ivond and the payment being act
ually applied to the extinguishment of
George A. Jessup's Indebtedness to the
bank we think the learned court below
was entirely right In submitting the
question whether the bond hnd been
paid or not to the Jury for their deci
sion. "It Is not necessary to review the
testimony in detail or to dwell upon
the vurlous aspects. It ceitalnly did
raise tho question of actunl payment
of the whole amount which could In
nnv event be claimed under the bond,
and tho Jury has decided that question
In favor of tho defendants. This ver
dict was satisfactory to the learned
Judge Tiho tiled the case and It Is sat
isfactory to us. The case was twice
tried and tho first verdict being against
the defendants was set aside by Judge
MePherson, who presided at tho trial,
becuuse he regarded It us against the
weight of tho eildenro.
"After n careful examination ot the
testimony wo are of opinion that the
verdict on the last trial was Just and
ptoper. AA'e do not think that there
is any error on the part of the court
In the matters covered by the several
assignments nnd they nie therefore
dismissed. Judgment affirmed."
FITZSIMMONS CHOSEN.
Selected for the Honor of Making the
Formal Speech of Notification at
Williamsport to tho Demo
cratic State Candidates.
John S. Rilling, of Eile, chairman of
the Demociatlc state committee, has
notified Colonel r. J. Flt7smnions that
bo hns been selected to make the
speech foimally notifying the candi
dates selected by tho last Democratic
state convention of their nomination.
The candidates are: Judge Stephen
Leslie Mestrezat. of Fayette county,
for ludge of the supieme court: Charls
J. Rellly, of Lycoming county, for
ludge of the supeilor court: AA'illlam T.
Cieasey, of Columbia county, for state
tieasurei.
The (ormnl notlfcntlon will take
plaio at AYIllIamsport at 2 o'clock on
the afternoon of Aug. 9 and the- com
mittee of notification will e-onslst of one
member from enoh sonatoilal dlstilct
In tho stnle. Colonel Fltslmmons was
selected for the honor of making the
lotm.ti speecii ot notification because
he was tho iepti"-entativo at the state
convention of Judge P P Smith, who
leceived the next highest vote to that
oast for Judge Mosiie-7at and becaue
of tho magnificent address be made In
presenting the name of Judge Smith
toi the convention, an nddress which
has made him a prominent figure
throughout tho length nnd breadth ot
the state
OFFICERS OF TRADES' COUNCIL.
Were Chosen nt a Meeting Held Last
Night.
The Huildlng Trades' council met
last evening in Caipenteis' hall and
idee ted eitllcois for tho ensuing year.
Those i hosen were I'tesldent, John
Devaney ; vite-ptesldent. AA'illlam Cut
let , tot ending nnd coiiespouding sec
letiny, Geoige- D Osmnii, financial
societal y, Stewart Hutchinson; tieas
iti er, William Hvnns, tiustoes, John
AA'nidell, J. M. Know Hon and Fiank
Riust, seigeant-at-Jinis, Michael
Lnugguth.
Tho question of employing nn assist
ant to the business agent of the coiin
e II wns thoioughly dlseussed but no
netlon was taken. Outside of this only
loutlne business was tinnsneted
The mass-meeting which was to have
hi en he-lel this evening In Carpenters'
nay mglit as the nail is engaged by the
Car Ilulldcrs union tonight
BLACK DIAMOND STRUCK THEM.
Boy Gtouud to Pieces and Mother
Seilously Injutea.
Mis M. Glrton and sixteen-year-old
son. of Mt Jilon, Pa., weie lun down
by the east bound Hluck Diamond ex
piess on the Lehigh A'olley load at
5.13 o'clock yestei day afternoon nt
Rarnint the boy being giound to
pieces nnd tho mother Injured so ser
iously that it Is feared she will not
recover.
They were alighting fiom the up
bound local train to visit ft lends In
Hansom and weie ciosslng the tracks
to leach the station plntfmm when tho
expiess bore down on them.
Tho lemalns of tho boy wero taken
to Plttston. The mother Is being cared
for at the AA'ilkes-Harre hosnltal.
Rnnsoin being In Lackawanna coun
ty, Coioner Roberts wns given notice
of tho accident, and this morning he
will go to Plttston to conduct an in
quest. FITZSIMMONS-JEFFRIES FIGHT.
Will Bo Reproduced nt the Lyceum
Theater.
At the Lyceum theater on Thursday,
Filday, and Saturday evenings of tills
week the Fltztlmmons and Jeffries
light can bo seen In moving pictures
The entire fight of eleven rounds with
final knockout, are leproduecd in such
realistic style ns to make you feel that
jou are actually seeing tho fight.
Lost, Strayed or Stolen.
Black horse, with bald face, weigh
ing 1,250 pounds. Liberal reward for
1 etui n to Culslck's livery.
Smoke tho Hotel Jermyn Cigar, 10c.
ftUVUWWirtWWUW
ulassware
Wo carry n. largo lino of inoxponslvo Glnsswaro that hns
merit. Perfectly plain crystal.
Not tho common, dull clouded kind, which looks as though
it wero dirty and breaks if you wash it.
4 pioco Tea Sots sugar, croam, spoon and buttor OOo
4 inch Berry Dishes, per dozen OOo
7 inch Berry Dishes, por dozen - 20c
8 inch Berry Dishes, per dozen 25c
OinchFootod Fruit Dishes 40c
Water Pitchors, Tumblers, Goblots, Etc.
Como nnd soo us ofton, you tiro always welcome
Millar & PrleT
iTllllcU Ot IT CllV,
immmmmmmmfmmmmmm
CONTRACTORS ARRESTED.
Fined S00 Apiece for Failing to Take
Out Building Permits Claimed
No One Else was Doing It.
Contractors II. R. Hurlbutt and M.
E. AA'orden were fined $50 each yestei
elay by Mayor Molr for falling to take
out a potnilt before beginning the con
struction of a building. They were
nriosted yesterday by Mounted Olllcer
Joseph Hloclc on warrants sworn out
by Uulldlng Inspector Jnckpon and
given a healing befoie- the mayor In
police court at 4 o'clock.
Roth paid the fines, but not without
a vlgoious kick. Their defense was
that other contractors aie not observ
ing the law and that they did not pro
pose to pay tho fees when no one else
was doing It.
Eulldlng Inspector Jackson says that
ho made a tour of the city and found
that where there wete twenty-tin ee
buildings In course ot construction
only one was wat ranted by a permit
from bis work. lie ordered woik sus
pended In eveiy Unstanee until he ap
proves tho plans nnd a permit was
taken out.
Contractors Huilbutt, AA'orden and
R. N. La Ear negleeted to obey his
orders. Ho waited a reasonable length
ot tlmo and when they did not com"
In for permits had the warrants Issued.
Mr, La Ear will be ai rested today.
FUNERAL OF MRS. MOORE.
Held From Her Late Residence on
Electric Avenue.
Tho funeral ot Mis. Mary Moore,
Widow of the late Thomas Mooro. was
held from the family residence on Hltc
trlc avenue yesterday nfternoon nt 3
o'clock, A very large number' ot
friends gathered to express by their
presence tho honor and affection in
which was held the memory of the
beautfful life Just ended on earth.
Quantities of flowers filled every avail
able space.
The services were conducted by Rev.
R. F, Y Pierce, pastor of Penu Ave
nue Baptist church, assisted by Rev.
Dr. A. A. Marple, of Noirlstown, Pa,
father of Mr. A II. Marple, whose
wife Is Mrs. Moore's only elaughtei.
Mr. Pleice lead many comforting pas
sages of Scrlptute and followed with
a bilef discourse based upon tho
thought, "He GIveth His Reloved
Sleep," and l elating partlculaily to the
life of a Christian woman as exempli
fied by Mis. Mooro In her blessed earth
Journey. lo spoke of her tender char
ity and of tho care for the suffering,
the distressed and the poor In the
thought in her henit which led to the
founding f the Home for the Friend
less. Rev. Dr. Mai pie offeied piuyei
and a quartette from tho Penn Ave-
nue llantlst chinch, dliected by Pio
fessor Haydn Evans, sang ' The Clnis
tlan's Good Night" and "A Shall
Meet Hoy ond tho River," favoiite
hymns of tho deceased.
Funeral Dliector Price provided the
cairleis. The honoiaiy pall-be.it eis
weie Nathan Hnllstoad, Dr N A' Let,
AYilllam Stlkman and It. F Fillmore.
A touching incident which appealed to
thoie who followed their filend to her
llower hidden giuve In Finest Hill, was
tho silent line of child! on fiom the
Home for tho Filendless who ns the
cortege passed, stood at tho ioadsi
near the lemeteiy ontinnce with heads
uncovoiod in honor of the noble filend
who had over been si, goneious to this
institution.
Among those in attendance fiom out
of town weie: Mis. AYimeii G. Pai
tildge, of Cincinnati, Mi. and Mis t.
J. Gaines, of Now Yoik. Ml Maples
ton. of Ilionklyii, N A"; Hov. Di A A.
Simple and Miss Mai pie, of Noitis
town, Pa , Mis M R Coin-, of Rlvei
ton, Va
TO MAKE MONTHLY REPORTS.
Controller Bent on Pi eventing a
Repetition of Bailey Dispute.
City Conttoller Howell has given
notice to all the heads of elepai tiuents
of the municipal government who col
lect fines or fees that they nie u -qulied
under the law to make monthly
letuins to the trensuiei and that he
pt opuses to see that the law is cit
ron ed.
His puipose in being Insistent on
this is to prevent a lopetltlon of tho
dispute now existing between the city
and ox-Mayor Bailey as to tho amount
owing fiom police fines The contiol
lei's audit fixes It at $1,600. but the ex
m.i or contends that It is only $fi0O
The ac counts aie In such a condition
that It Is it question which way a
coint and jury would decide.
JUNKMAN FETZ IS ARRESTED.
Stolen Goods round at His -Shop on
River Street.
About a month ago the Economy
Light. Heat and Power company s
plant on Cliff street was ransaikeel bv
brass thieves and over $100 worth o'
damage done by shipping the ma
chinery of In ass and copper fittings
Yestei day, these aitlclcs weie found
In tho lunk shop of Jacob Fetz, on
River stieet. A seauh wuirant un
issued by Aldei man Millar and th -junkman
together w Ith the stob u
goods weie taken possesion of bv De
tective Molr. Fetz was held In ball t .
answer nt couit.
. Summer Boarding,
Queen Bos cottage, Lake AVlnola, $1
per day. $0 per week. Mis Kittle Gard
ner, uiopiletress.
m
CASTOR I A
For Infants and Children,
The Kind You Have Always Bought
Bears tho
Signature of
7S
13 Wyoming Av
"Walk In and look around."
poooooooooooooooo
THE POPULAR HOUSE'FURNISH-
inq sronc.
Miiddy Wafer
Is made clear and pure
by the
CHAMPION
NllTURRL STONE WRTER FILTER
Germ Proof.
The very best Faucet Filter
in the market, as attested by
?o,ooo families in the United
States alone.
FOOTE FULLER CO.,
Hears Building,
140-142 Washington Ave, g
ooooooooooocxxooo
5000 Samples
To Give Away
The Buell Companv has placed
their Photographic Supplies for sale
at our establishment, 227 Lacka
Avanna avenue, in Avhich wc have
a large selection to give away as
samples. Everybody that has a
Kokak is Avelcomc to call and wil
receive samples free of charge.
Davidow Bros
227 Lackawanna Ave,
Closing Out
Fans
For this Season
Neu) and Secondhand
Fans Cheap.
Chas. B. Scott
Hi) Franklin Avenue.
SUMMER RESORTS.
PENNSYLVANIA.
Elmwood Hall
Elm hurst, Pa.
.Formerly Motel Elmlmrst.)
Open All the Year.
I tils botel has been rcmoJeloi and rellttol
tliioiigliuut and utll open in ilnor Juns It,
I orrato, etc., call on or .ijitien
DR. W. H.H. BULL
.ELMHURST, PA,
THE WIINOL.A,
An Ideal Health Kcsort, .Iknutl.
fully Situated iv 1th l'ttU
Luke View.
Absolutely fue from malaria and mos
quitoes, bo.itt-ig fishing, dancing, tennis,
oreliestri, eti , pine Llthla water sriilifg.
plenty of old shade, plno gcovo of large
tices sm round hotel, excellent table;
rates iea.-0'.i.iblo, eapactty of liojh.3, 2W.
Illustrated booklet and rejfereuces un ap
plication. C, E. FREAR. LAKE WINOLA, PA
SPRING QROVE HOUSE,
Lake Carey, Wyoming County, I'a.
Beautifully located, good fishing: nott
Ing and bathing Table unexcillpd D,
L & A II It Uloomsburg eltv Iplon. train
leaving Scranton at IIM p. in innlie-s di
rect connections via Lehigh A'nlloy to
Lake. JOHN H JyNIZS, Prop.
FERN HALL.,
Crystal Lake Refined Family Resort
Htnsoleavot Carbotidilo for Pern Hall at
n an p m btao leave Kern Hull fur On.
uoudalent H.tio u in. Jolophouo L'oani
tlou. "i'era Hull,' pay tutlon
C. 11. & AI. C JOHNSON, Mannzert.
I'oilolllce Address, Dtiudan. Pa
AEtV JERSEY.- -"
TIicAiiliiRloii Ocean Grove, N.J.
The leading hotel Open Juno to QUo
bet CuUlne and uurvlce unexcelled.
(Unitary airungetnontH purfecf. Orches
tra, Hales, $20 to $25, two in room.
Bpeclal Juno and family rates. -Send for
booklet. A .-MJLLAJtMP.rop.