THE SCRANTON TRIBUNE WEDNESDAY, JANUARY 24, 1900.
1
KICK AWAY OLD IAN,
But know thla, you may make a few
PIANO SALES by using that "Old
Oa(?," but you will learn like the
email boy that you will have to wait
till your "foot gets a little bigger"
before you can dlelodge such plucky
old stock as we are.
Our tine trade the last year proves
to us that we are NEEDED here,
and are appreciated.
So Here We Will Stay at
2C5 WYOMING AVENUE,
Vhere we will be Pleased to Walt
ipon all our old friends, and deter
mined to make many new ones.
MUSIC AND MUSICAL GOODS
PERRY BROTHERS
Ice Cream.
L'EST IN TOWN.
JJ5C Quart.
LACKAWANNA DAIRY CO
Selephonci Order Promptly DsilverJi
lif-iiy Adumi Avenu.
Mi secrctnry, Joseph Welsbcrger! treas
urer, Abruhnm Hose.
HAttTNOU, IJLWL'FIT.-Thc inform il
dunce for tlu bcnellt of Frederick I lint
nell will lu held In Washington hull,
Dunmore, on Wednesday evening, Jon,
31, n ml not thin evening as picvlously
announced.
DlflOHDKItt.Y HOl'SK.-Mrs. Petiin,
of M Liitkiiwumiii u venue, whose limine
was ruldeil by the police Monday even
ing, wan fKUnlay lit lil In f'.iil h'lll li)
Alderman Mlllnr on the ilmigu of keep
ing u cllsoiderly house.
ACCltSKl) OP ASSAtM.T.-Mlchael
Cocgrove wns Inet nlKhl uriulKiicd be
fore Alderman Howe mi the ih.trgo ot
uxtuult and buttciy on llinry MlIIiiIo,
and -his wife, Annn. of Mineral street.
lie ttim hold In I'M ball.
WOMAN'S' Mi:i:TJN(.-A meeting of
tho muKlc section of tin- (Ireen lthige
Women's club will bo held 1'tlil.ty af
ternoon lit 3.'0 o'clock. Thn subject bc-
feue the. iIiins will be "Unch." All mem
ber me rcuuestnl to bo prcpent.
v
BMOIvlMt WAS imr.D. Tho members
of the local union of itreet railway
employes held n reeulor meeting hint
evening In lnilutrlul hall, followed by a
pleasant smoker. Caterer 1. J. Durkln
served refreshments nt the conclusion
of the festivities
JUDGE fcDWARDS
RENDERS OPINIONS
IN
TWO IMPOBTANT
YESTERDAY.
OASES
ruKKRAt or hauoi.I) cmuux.-
The funeral of Harold Orei n, who was
killed by 11 Delaware and Hudson train,
on Saturday, was In Id estirday after
noon from tho home of his parents, it
was private and Interment was made tn
the Cathedral cemetery.
Rule for a New Trial Discharged in
the Case of Brown vs. Robinson.
Case Has Been Tried Several
Times Distribution of Fund by
the Auditor In Crawford-Hoffecker
Case Is Not Sustained Both Opin
ions Olven in Detail.
In the case of Patrick Hrown vs.
T. C. Hoblnson, which has been tried
thiee time, relative to u contract
which the defendant turned over to
Hrown for excavating the foundation
of thu silk mill nt Cntbondale, Judge
Kdwnrtls yesterday discharged the ruj
for a new trial, and In passing upon
the case handed down the following
opinion:
from 9firs. Vaughn
to Tffrs. Pinkham.
Scranton Transfer Co.,
Always Reliable.
All kinds ot transfer work
promptly and satisfactorily done.
Oftlcc 109 Lackawanna Avo.
Office Phono 525. Barn Phone 6982
HUNTINGTON'S BAKERY.
(FEIN, 111 SID flffl 1I1S
420 Spruce Street.
M:V.MAN' MAOAZINH Cl.t'lt.-A reg
ular monthlv meeting of the Newman
Mngaritic i lull was held lat cwnlng In
Uuetnsev hull. Seeial of the meiubt 1 4
read brief lev lews of some of the mine
reient books, Including netial by the
KrglMt pclentlst, Di. Mlvart. A fea
ture of the evening was a clrumlng
soprano solo by .Mrs. J. W. PltzUlhbon.
MHDKI'.KHAXK HALL. The Bcrntiton
l.lcele rkranz soiletv wilt hold thilr 1111
ntial mnsqiH-i.iilo ball this evening at
the Ir hull on Lickiiwtinna avenue. No
expense has In en span d to make this
eir's ufl.ilr n pr.md success. To ae
comuiodatn their friends, tickets for the
ball can be pure based at I,. Drlcen'x
stoio, on t.'itkavvnnn.i iivenuc, until K
o'clock this evening.
ASSOCIATED CHARITIES.
Interesting Letter from Los An
geles Charity Board Was Read
and Discussed.
Mnaonlo Tetnp'e.
C. S. SNYDER,
The Only Dentist
In the City Who Is a Qradua'e la
Medicine.
420-422 SPRUCE STREET.
TEETH
Seduces! prlirs for tho net 15 elajs us
follows:
Gold Crowns $2.5(L
Gold Fillings 50c.
Best Set of Teeth $4.0(1.
Silver Filling 50c.
Crown and bridge work a special!. If
on have anj Dental work to be done call
.nd havei your teeth examined freo ot
barge. Painless txtrnctlu'i.
Dr. Edward Reyer
614 SPRUCE ST. OPP. COURT HOUSE.
DR. H. B. WARE,
SPECIALIST.
iye, Ear, Nose and Throat
Office Hours 9 a. m. to 12 30 p. m.: 2 to.4.
Williams Building, Opp. Postoffloe.
CITY NOTES
.
LYCIM'M IMOC OPl'ICi: -Tickets will
be Dlaied on sale this inoinliig at the
Ljeiiim box ollk'o loi 'Tho Pilcle of
Jeuulco."
lll'XTON PI'.NKi:Al..-Tlie funcial of
Mis Ida ItuMoii will t.ike place at 9
oilock this mondng trom tho residence
ut 'Mi Itlthtu stiii t.
COMPANY I INSI'KCTKD.-MaJor W.
S. Millar isterday afternoon went to
liston, and last evening insptcted Com
pany I of tlt.it Plan.
CAKi: 8AI.U-The King's Daughters
of i:im I'ark chinch will hold u i.iKe
wile- in the Klue's Ij mtit'i k- room nest
1'rlday afieinoon andHatuiday morning.
SMOKKR AND KrciIKK.-Kobci t
JIuuim IimIkc No. h5'j. Inieieiidcnt Order
ul Odd 1'ellows, enjoyed a smoker and
t-uehiii In Odd IVIIeiws hall on Sprutej
street lust e vening.
MACIIKTTK Kl'NKltAh-Thii functal
of thei lute Samuel Maehette ti con.
ducted at tho Klmhurst church estei
ihiy .met the remains wero hioimht to
tilth city mid Interred In the 1'orest Hill
oemitiiy.
.ni:w r.ouoi: 'itahmbiu:d.-a
Ipdse to bo known iih thei Hcruntou Cltv
lodge of tho Independent Order of Urith
Abraham, has been organised In tlil.s
elty with the following otficers: 1'reiu
dint, II. I.i vy: lie president, 1. Ulot-
-f -f sr -f -f -f -f -f s. s
f
GRANDEST DISPLAY AT
" THE MODEL."
DELICATESSEN EMPORIUM.
froth Invoice, of fluent table deli,
caclei. Imported Hurts. Lutidjageir
H.iutuge. Nova tScutlu. Halmun,
Pate of all kinds, Imported and
California I'rulu und Jelllen, Nald.
melstei IJelli fttcnn Herring In
Wlna Pauce, Italian Chestnut,
I.eb Ruihoii. Marzipan and Jlimty
Cakejs of nil descrlptlonu. and full
llno4ir Xaney iocerlPJ for the
holldnv .M'Btcrlmt orders taken
now fir the holldavs. Dinner
Table el'TInta. Ilreakfnst, Lunch
eon and Runner a la carte. Oit.
ter verveo in eny sivie.
-fA 83V223 Washington Avenue.
f-f ft
f
f
f
f
f
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At a legulai meeting of tho lionid of
Associated chailtles, held last evening
In Postmaster Hippie's olllce in the gov
ernment building, the following eom
iiiunic.itlou from the Los Angeles board
was lead:
I.os Angclisi, Cal., Sept. "i), l"'''.
To Col. i:. II. Jtlnple.
I're-ldeiit Asso l.itcil Chiiltles.
Wo, the Associated Ch.irltles ol I.os
AtiKfU'S, send ou erecting, and big to
direct jour attention to an evil which
has grown to stall pioportions, and has
fore eel Itult upon our work to such .1:1
extmt that we feel compelled to cntel
a protest ncahist Its 1 ontliiuaute. Wo
icUr to the unwarranted importation
Into this lommunitj ot pi rsotis lrom
various sei lions ol the tountrj, tn .1
condition of actual, or Immidlately
prospective, Ineligine'j; peiMins who,
immidlately upon theli arrival, or very
soon thereafter, become a eh irgo upon
our public charities.
In a largo piopmtlon of eases theo
persons aro Invalids, tho character or
stage of whose affection warrants no
reasonable expectation of benefit from
this climate, at least not without tho
asslstanin of comfoitable Il11a11cl.1l back
ing, and who 1-uve no relatives or fi lends
heie, and no n .imiimIjIc piopect of be
ing ablo to maintain themselves Yet,
we tlnd that often indlscmt or unscru
pulous phslil.ius have advised the te
moval of thc-o unfortunate Indiviiluals
to this place1, and th.it charitable societ
ies, "benevolent" public ritllclals or well,
meaning but mistaken Individuals, have
UK-unuel, wholly or in part, to procuio
tlulr transportation hlllnr.
It would probably astonish you If jou
could realbo tlio extent to which thU
sietlon Is maelo the dumping ground tor
peoplo of the character deseilbed, and
thu welglit or the butelen which we aio
thus lompelled to assume In addition to
what rightfully pet tains to our own
lcKltlmato population. It Is our ery
liniuent experience that not meiely sli1
glo Individuals but large dependent fam
ilies are thus thrown upon 113 without
light or icason.
It is evident that under such circum
stances we cannot deal generously by
these people and at the samo time do
Justlui to our invii imfortun ites: and wo
cannot but think tint vou will UBree.
with us that such a iimdltton of thins,
br night nboitt by the nctlon of otlKr
lommunltles or their representative c'tl
71 ns, Is altogether improper nnil very
injiist toward tho Indigents themselves
as well as toward us.
Wo h.ivo latelv felt 1 ompelleel to adopt
tho ruh w he-ill ver possible, of Immedi
ately rutin nlng, to the place from which
they came, all indigents who havo been
thus Imported. And we must, in self
protection, continue the practice. Wo
have also, long since, adopted the In
vail.iblo rule of never, oumelves, kuovv
Inglv sending, or a-lstlng tn send, any
applicant to another locality without
reliable assurance! that sab! applicant
will not become n public charge upon
tlm community to which he or she shall
be sent
Wo are happv to acknowledge tli.i
there tire n number of cities wlikh aie
now faithfully observing the same 111I0
towarel us.
Do ou not think that such 11 ruin
ought to be unlfoimlv adopted by all
clmrlty organizations everywhere anil
will ou not do tho best jou enn to as
slst us by Impressing our piesi'iitatlon
of this matter upon join constituents,
and bv molding public sentiment through
jour press"'
Associated Chailtles of I.os Angelt .
Iiy T. .1 Stuait. Scc'v.
Some of the menibeis ptesent did not
neiieve that there had been unv one
sent fiom this city to far-off California,
but Mis. Dugg.ui sulci that sevetal
cases had come to her notice tecently
where churltnble people had subset llioel
toward funds to lie used In sending In
digent Invalids theie. A genetal dis
cussion of tho matter followed, and it
was the consensus of opinion that the
practice should be dlscutnageel,
Mrs. Duggan, the agent, niesenteil
tho following repot t for tho month of
Januaty: Applications, 17J; cases in
vestigated, "; found vvoithy and as
sisted, CI; not in need and not vvoithy.
11; omulojinent found for, S; lodging
and meuls furnished, 0; tiansportatlon
found for, 4; medical aid given, S; sent
to Lackawanna hospital, 3; sent to Hill
side) Home, 3; sont to Houso of the
Qood Shepheid, ; sent to Home for
tno j-iieneiitss, 3; refeired to district
attorney, I; lefenpd to chief of police.
2; referred to outside uuthotltles, 'i; m
lested for various causes, 0; advice an J
direction Blven. 07; homes found for, 3
sent to Oiptmn asylum. 3; sent to
.Moses Tayioi hospital, 1,
President Hippie announced the fol.
lowing committees, ufter which the
meeting adjourned: Ilellef, c. II.
Welles, Frederick Fuller und F. .1.
Olckeit; employment, John Ulbbons, H.
J. Zeluler and M. J. Kelly; visitation,
Lnos Flynn, Y. O. Thomas, D. J. Phil
lips; child-saving, T. J. Kelly, Fied
erlck Fuller and K. n. .Stuiges; Infor
mation and Instiuetlon, J. IX, Cohen, A.
li. Dunning und Samuel Hlnes.
This case has been tried three times,
once befoie arbitrators nnd twice be
fotc a Jury. While the trial before the
arbitrators is of no eonseciuenee In
thu consideration of the present rule,
wo notice Incidentally in looking over
tho llles that tho defendant appealed
ftom an award of t"i'. At the first
Juty trial the veidlct was $!60.S0. At
the second trial the verdict was $1,29j.-8-'.
At this rate of piogresslon It 's
dltilcult to deteimlne what would hap
pen to tho defendant if n new trial
wete au aided. We set uslde the ver
dict of thu first Jurv because the evi
dence was of u voijue nnd unsatisfac
toty character. We could not see how
the Jury anlved at the lesult they did
without consilium blu guess-wont on
their p.ut. At thu second tilal tho
ease was mote romplcte and tho con
tentions betv een the parties weic
shaiply defined It was tiled before
Judge Gunster.
T'nfui tunately, he was unable to l
with us dutlng the atgument of this
lulu. Wo have examined the lullngs
and clmige of the ttial Judge carefully
unci are satlsllud that thu cuse w.11
litopetly tiled .mil that the cluttge was
clear and lull. There can be no cause
of complaint as to the rulings during
thu trial nor us to tho Insttuctlons to
the Jury. Tho only cutestlon requiring
discussion ut our hands Is the exception
us to the amount of the verdict. Is It
excessive? ISoblnson had a contract
fiom Schrocder to excuvutu for the
foundation of a bilk mill in Carbon
dale. The contiact pi leu was $701, $4r
for the sower ditch and 23 cents tier
cubic yard mr extra excavation. Itob
Inson contends that he simply turned
tho contract over to Hrown at the
sarnu price he had taken it and that
his liability ended when Brown under
took tho wotk.
FOLLOWED INSTRUCTIONS.
Blown contends that he entered into
a contract ei bally with Hoblnson to
do certain work for $746, and 3"i cunts
per cubic vard for extra wotk, and
Hint ho had nothing to do with any
body else. Hoblnson, Urown says, was
tho only principal lie knew. He fol
lowed Koblnsem's instiuctlons and ren
dcied Ills bill to Hoblnson. There is
no use In discussing this phase of the
case. This point, under ptoper In
sttuctlons fiom the coutt, was decided
against the defendant. The whole
claim of the plaintiff is evidently for
extra, work, not included, as he con
tends, In his contract. This extra
woik amounts to more than tho origi
nal contract.
The plaintiff Is undoubtedly entitled
to a verdict for some amount or other.
Nevertheless, wo are of the opinion
that tho veidlct of $1,295.28 is exces
sive. Having anlved nt this conclu
sion soon after the argument of the
rulo for a new trial, a member of the
coutt saw our Urother Ounster and
submitted the matter to his consldeta
tion. He was 111 in in his view that the
verdict was excessive. Taking a reas
onable lew of the evidence, which
wo have examined minutely, wo can
not figute tho claims of the plaintiff
so as to exceed tho sum of $7."0, with
out Interest. We do not propose to go
over tho Items In this opinion. They
nre given in detail In the btlef of de
fendant's attorney.
We know of no other way to do sub
stantial justice between the plaintiff
and tho defendant In this case than
to 1 educe the veidlct to $7f0 and In
tel est, which altogether amounts to
$923 50 at the date of the verdict. We,
therefotu, dltect that If the plaintiff
within ten davs from this date shall
leinlt fiom the amount of his verdict
all In excess of $923.50, with Interest
fiom June 14, 1S99, the rulo for a new
trial Is discharged; otherwise, rule absolute.
ttTTtX TO XM. rtKXBAK NO. 64,587
" DEAn FntENn Two years ago I had
child-bed fever and womb trouble in
its worse form. For eight months after
birth of babo I was not able to alt up.
Doctors treated me, but with no help.
I had bearlng.down pains, burning in
stomach, kidney nnd bladder trouble
and my back was so stiff nnd sore, (he
right ovary was badly nffected nnd
everything I ate distressed mc, and
there was a bad discharge.
I was confined to my bed when I
wrote to you for advice and followed
your directions faithfully, taking
Lydia E. l'lnkhntn's Vegetable Com
pound, Liver Pills and using the Wash,
nnd am now able to do the most of my
housework. I believe I should have
died if it had not been for your Com
pound. I hope this letter may be the
result of benefitting some other suffer
ing woman I recommend your Com
pound to every one.'' Mrs. Maky
Vaughn, Trimble, Pulaski Co., Kr.
Many of these sick women whose
letters we print were utterly dis
couraged and life was a burden to
them when they wrote to Lynn, Mnss.,
to Mrs. Plnkham, and without charge
of any kind received advice that mad
them strong, useful women again.
CASES HEARD IN
COURT YESTERDAY
COMPULSORY NON-SUIT WAS
GRANTED IN ORADY CASE.
Judge Archbald Believes the City Is
Not Responsible for Damages
Where No Attempt Hat Been Hade
to Grade the Street Ejectment
Suit of Mulley vs. Shoemaker on
Trial Before Judge Purdy Judge
Ward's Will Probated Court
News Notes.
1899. the trustee for the estate of the
bankrupt filed his petition, to vvhlcM
was attached a certificate of the adju
dication in bankruptcy, praying for an
order directing that tho balance of tho
fund lemalnlng In court after the pay
ment of the preferred claims, us per
agicement nlready referred to, be pali
to the trustee.
IUGHT OF QUESTION.
Tills petition at the time was mnrkeel
"refused," because c believed that
the question could be settled on the
argument of the exceptions to the au
ditor's report. It was lefused without
prejudice to the claim of the trustee.
We now formally recall the lefusal anil
allow the petition to stand, ns we did
In effect at the time the exceptions
were argued. Therefore, the only
question to be decided now Is the right
of the trustee to the balance of the
fund. We aro clearly of tho opinion
that ho is entitled to the money. To
the extent of its jurisdiction a state
court is bound to carry into effect
the provisions of the bankruptcy act.
It Is our duty to further the pur
poses of the act rather than to ob
struct and mereby may be to defeat
them. In the present case tho defen
dant was unquestionably insolvent.
His estate is within tho grasp of tho
federal law. The balance of the fun!
must go into tho United States court,
there to be distributed to tho parties
who can show the best claim to it. In
accordance with this opinion tho re
port of the auditor Is confirmed, ex
cepting the distribution to l'halen &
Hums. LacKowanna Lumber company
and Cruwford & Keller, the sum
aw aided to these three creditors being
in the aggregate $434 09.
The distribution of this sum by tho
auditor to tho creditors mentioned Is
not sustained. Wo nlso dltect that the
said sum of $434.09, less prothonotary's
costs, being the balance of said fund
now In couit, be paid by the prothono
tary to H. A. Zimmerman, esq., trustee
In bankruptcy of the estate of L. W.
Hoffecker.
EXCEPTIONS DISMISSED.
The case of Ann O'Orady against the
city of Scranton wa placed on tilal
before Judge Archbald yesterday morn
ing In court room No. 1. Mrs. O'Orady
sues for $.1,000 damages, she alleges to
have sustained by reason of the negli
gence of tho defendant. Tho defend
ant claims to o.vn a property on Jack
son street, between Oront nnd Sher
man avenues, on which she has a house
and numerous Improvements. In Octo
ber, 1897, the water ran Into her cellar
and flooded It, also doing what she calls
Irreparable damage to the structure
Itself. She sued the city because It Is
alleged that It was tho city's duty tn
keep the gutter eclan and It didn't do
it.
Mrs. O'Orady nnd a number of her
neighbors were there to testify against
the city. Objections didn't count nnd
answers had to bo stricken out repeat
edly because witnesses wouldn't wait
for the attorneys to get In objections.
When Mr. needy closed he had not
proved title to the property, nnd Mr.
Vosbutg moved for a compulsory non
suit on the ground that the plaintiff
had not proved title to tho property, but
only possession nnd as the woman !s
married and resides with her husbanl,
the possession under the law rests In
him nnd not in her.
Mr. Heedy stated that Mrs. O'Orady
has tho deed, but neglected to bring It
over nnd tho deed Is lecorded in Lu
zerno county and not accessible. Judge
Archbald was Inclined to the opinion
that tho city Is not to bo held for neg
ligence for an net of this kind on a dirt
street which they have never uttemptcj
to giade. The responsibility In u case
like this Is upon the pioperty holders
and not upon the city. The motion was
allowed and a rule granted to strike
off non-suit.
.OcWWWWWWWWMWW
TAKING vSVOOK
We have marked a number of articles for slaughter among
them the following toilet seta and pieces of Bric-a-brac:
l 12-piece Finest China, raised paste gold decorations, was
$22, now $13. i 12-piece, Imported China Tinted, hand
painted, was $30, now $15.
(12 pieces means complete with slop jar.)
Fine pieces of Bric-a-Brae that were $20, $18, $io, $9,
$4.50, now $15, $11. $7.50, $6, $2.50.'
If you can use any of these articles they are BARGAINS.
VuuaTVtfrW .
9l
Millar & Peck.
mmmmmmmmmmmm
13a Wyoming Ave,
"Walk In and look araund."
Cloth Jackets at Half Price.
win-wicin.
My stock of Cloaks, Jackets, etc., both for Ladies, Misses and
Children has been unusually large and handsome this season, and many
handsome garments remain, owing to the warm weather and late win
ter. We are sure to have cold weather yet, but the Cloth Jackets must
Consequently you will nnd
go
All $25.00 Jackets for $12.50
All 20.00 Jackets for 10,00
All 15.00 Jackets for 7.50
All 10.00 Jackets for 5.00
AH 7.50 Jackets for 3.75
AU 5.00 Jackets for 2.50
All 4.00 Jackets for 2.00
Golf Capes in Handsome Effects.
Were $2j.0o for $15.00
Were 20.00 for 12.50
Were 15.00 for 10.00
Were 10.00 for 7.50
Were oo for 5.00
Report of Viewers in Olyphant Sewer
Case Finally Confirmed by the
Court Yesterday.
( Tho lepoit of viewers in the First
sewer district of Olyphant was Dually
confirmed by the couit yesterday. The
report was originally filed on Marcn
13, 1899, but exceptions were made,
which were discussed by Judge Ed
wards in the following opinion, which
was handed down ycsteiday:
CltANFOItn-HOrFnCKDK CASK.
Another ruling in the case of J. 13.
Ciavvford ct nl, s. L. W. Hoffecker
was mndo by Judge Edwards yester-
dny. It Is in reference to the excep
tions to the auditors report and tho
petition to pay the balance of tho
fund to the ttustie, which Is now In
dispute1 The ruling it as follows:
Thu fund distributed by tho auditor
wiises fiom the sale of defendant's
petsonal ptopeity. Tho executions on
whli h the piopcity was sold wete Is
sued at vatious times fiom Juno 13th
to Jul 1st, 1S99. Tho defendant was
insolvent. On July li, 1S99, a petition
In Invciluiituiy bankruptcy was filed
in the district court of tho United
States for the w ostein dlsttlct if
Pennsylvania, and on Oct, 10, 1S99,
HolTecker was adjudged u bankrupt.
Thu audltot's leport was lllecl and con
lltined nisi Oct. L'5, 1S99. While the
audit was pending thu attorney for
the cieditors, who filed tho petition In
bankiuptcy, gave notice to the auditor
that such n petition had been filed an I
objected to any distribution of the
fund to the execution cieditors.
The notice was not followed by evi
dence of the bankiuptcy nor of the
insolvency of the defendant. Theie
was no evidence of anv kind offeted
by the attorney for the cieditors. The)
uuelltor piopetly dlsiegatded the notice
and ptoceeded to ellstilbute the fund
as If theie weie no bankiuptcy pto
eoedlngs In existence. After tho uu II
tor's lepoit was Hied and while exep
tlons were pending, nil the patties 111
Intel est agieecl that the wage cluims.
taxes and costs of audit should bo palej
by the sheilff, without piojudlclng the
claim of the petltloneis In bankiuptcy
to the balance of tho fund.
This balance amounts to $434 09 and
was uvvarded by the auditor to the exe
cution credltois uccotdlng to priority
of lien. It theie were no further pro
ceedings upon the lecotd It would be
our duty to dismiss the exceptions and
confhm the distilbutlonas made by the
nuuiior. tjut wo nnu unit on wee. is
t' - .
Exceptions to report of vieuets In tho
First sewer district In the borough
of Olyphant.
The exceptant appears before us not
as a lot owner within the First sewer
dlsttlct of Olyphant borough, but im
n taxpajer. He is not Interes'ed '.n
the question of damages or bent fits.
He did not appear before the vteweia
to raise any question of fact. We do
not veiy well see how he could. As a
matter of fact tho sewer had been
completed several months befoie he
llleel his exceptions, und if the vlewuts
had been teasonabiy diligent in flung
their leport .e would have missed
the opportunity afforded by the filing
ot his exceptions.
Thu questions of fact taised by the
exceptions cannot be inqulted Into
now. The law is clear on that point.
Questions of fact must bo raised bo
fore the viewets, questions of fotm,
or of law, arising upon tho face of tho
leport may bo brought to the atten
tion of the rourt by exceptions by any
ono Intct ested and without regard to
his appearance or non-appearance be
fore the viewers, Omega stiect, 1SJ Pa.
129.
The viewers placed a part of the
costs ot building the sewer on the bor
ough. The exceptant claims that for
this teason his standing as a taxpayer
gives him the right to press the ex
ceptions which Involves the Increase of
the debt of the borough beyond the
constitutional Jltnlt. The same ques
tion was befoie us in the equity court
on a taxpayer's bill on the part of tho
exceptant.
The final 'adjudication In that c.tso
vvns against him. The bill was dis
missed on the giounel of laches.
Whether or not tho same question can
now be raised on exceptions Is hnnni
materlal, necause the testimony con
tained in the depositions fall to sub
stantiate this giound of complaint.
The exceptions are all without merit.
They ure utsmlsscd and tho repoit of
tho icweis is finally conllimed.
Uy the rourt,
II. M. Edwards, A. L. J.
Jan. 23, 1900.
AN OBJECT LESSON.
Suit in Ejectment.
The next case was that of Ambrose
Mulley against George Shoemaker. The
suit Is ono In ejectment. The plaintiff
recently died, but his son, George, one
of the executors of his will, apoeated
in his stead. Messrs. Hulslander and
Alworth and II. M. Hannah represent
the plaintiff, nnd John F. Murphy, esq.,
tho defendant.
Tho land in question is a lot on Sum
mit avenue, in the Second ward of
Scranton. Shoemaker purchased It from
George W. Ueale and G. R. Claik, It
being n patt of the plot known as the
Beale & Clark annex to the city of
Scranton. He erected a house and Uvea
therein.
Shoemaker was dealing with Am
brose Mulley at his triple stores, and
contracted a bill amounting to $11.
Mr. Mulley brought nctlon against him
and secured a Judgment, on which an
execution was issued. The property
was sold by tho sheriff and purchased
by Mr. Mulley himself.
He took possession, and then Mrs.
Shoemaker brought an action In eject
ment against Mr. Mulley, claiming that
the property was hers and not her hus
band's. She seemed a verdict and the
Supremo court decided in her favor.
Sho has since hold possession. Tho
Mulleys are again trying to recover It.
Before Judge Furdy.
Judge 'Purdy. sitting in court room
No. 2, heard tho case of Andrew P.
Bedford against W. W. Patterson and
Fianklln Howell. The suit is one
brought to recover a large amount of
stock in the West Maryland Milk com
pany. Some time ago Mr. Bedford en
tered Into a contract with Mr. Patter
son, wheieby tho former was to become
manager of the company and among
other things he was to receive In com
pensation many thousand dollars worth
of stock In the company.
The contract was that Mr. Bedford
should seive for live yeais. but after
the first year there was a dispute and
he leslgned. Ho was never given the
stock In the company, so he brought
suit to recover It. Everett Wart en, T.
Frank Penman and C. P. O'Malley rep
resent the plaintiff, and James H. Tor
ley and Walter Brlggs appeared for
the defendant.
Great reductions in prices on Furs. These are not old garments,
but all new, up-to-date the kind you always find at
324
LACKAWANNA
AVENUE.
Furs Repaired.
F. L. Crane's
Raw Furs Bought.
NO MORE DREAD OF THE DENTAL CHAIR
Teeth
Filled and extracted
absolutely without pain
by our new scientific
method.
Reputable Dentists
Should not be judged by the catch-penny methods of the Dental
i ami. ju tJincs aic mc mwai coaiuic iui uiai-uiaas wum. fcyu '
system of Crown and Bridge Work is superior to any other. We are
up-to-date in all branches of Dentistry.
DBS. SAPP & McGRAW.
134 WYOMING AVE. (Over Millar & Peck's China Store.)
rvvvv w
fir
1
EECHAM'S
PILLS
are tho best and safest
I FAMILY MEDICINE
for all
BILIOUS AND
NERVOUS DISORDERS
I 10 cents and 25 cents Druggists. 4
lkaAAAAA&4
To Boys Who Persist in Jumping
on Street Cars.
Special Officer Stephen Dvvyer. claim
agent of tho Scranton lliillwov com
pany, yesterday ancsted "William
Kllneberger. of Kmmet street, a 14-
year-old boy, for jumping on street
earn on lower Lackawanna itvenue,
He was taken before Alderman Kel
low and fined R This Is the first ar
rest for this offense, hut others will
follow If the hoys aro caught.
Finest wines and clears at LanVa,
ItO Spruce street.
m
Mrs. Wlnslow's Soothing Syrup,
Has been used for over FIFTY YIJAKS
bvMILl.IONB of MOTHERS for thei?
ClIILPHKN WHILK TKETHINO WITH
1'EllFECT HUCCII&S. it SOOTIIL'S thei
C'HILP. SOFTENS tho GUMS. ALLANS
all FAIN; CUItES WIND COUC. and
Is the best remedy for DIARRHOEA,
Bold by all Druggists in every part of the
world. He sure and usk for "Mrs. Wina
low's Soothing Syrup," and tako no othur
kind. Twerty-flve cents a bottle.
Judge Ward's Will.
The will of the lato ex-Judgo W. O.
"Ward was admitted to piobate yester
day by Deputy KegUtcr Henry T.
Koehler. After dlicctlng that his fu
neral expenses and debts bu paid tho
Judge bequeaths to his son, Dougla.-s
H. Waul, nil the rest of his estate or
money arising from tho sale thereof.
He directs tho executors of hla will
to sell by public or pilvate salo his
house and land on North Sumner ave
nue, and nil his peisonal propeity ex
cept family pictures, and nlso to col
lect all moneys due him and tho
money thus raised ho leaves to his
son Douglass.
George S. Horn and Douglass Wuiel
aio named as tho executors. The wit
nesses of the will are Thomas P. Duf
fy and r. W. Lange. Letters testa
mentary were gi anted to Douglass
AVard yesterday.
Writ of Habeas Coipus.
A wilt of habeas corpus was gtant
ed yesterday In the cmuo of tho com
monwealth vs. He my SI. Kelly and
Michael Kelly, who. It Is alleged, by
rtebctc.i (Ulmor., aie unlawfully de
taining her niece, Marie Kelly, aged
two and one-half years.
Tho petitioner clilms that the child
Is sickly and that its father Is not u
fit person to tako care of her. Tho
little girl was In her possession for
over two yeais and on Satuiday last
tho father took her away. A hearing
will be had Thursday afternoon at
1 30 o'clock.
Marriage Licenses.
Tho following marriage licenses were
granted by Clerk of the Courts Dan
iels yesterday:
John Brotheiton Forty Fort
Margaret Daniels Scranton
Frank Zubileskl Jessup
Mary Belska Olyphann
Willis A. Clark Nicholson
Goldio. A. Darrow Nicholson
Patrick McMnhon Dunmnro
Maggie O'Brien Scranton
Patrick Hoton Scrnntoti
Annie T. Urenn in I lttston
Herbert It. Jones. ..1712 Jnekson sttcct
Oliven Morgan
33.Iij North Hyde Park iivenu
John M. Cialn Haw ley
Maithu Der3hlmer Wayne county
David Carey Miners' Mills
Mary Itellly Scranton
Other Court Notes.
John Munis was yesterday appointed
auditor of tho Scranton poor distiict to
fill the vacancy caused by the resigna
tion of John Proud, and to seive for
the unexpired teim.
The will of the late Martin Kartell
has been piobated and letteis testa
ment.ny granted to John Howiu and
Patrick Fairull.
Tho reasons for u new tilal in the
case of Juno Iteap ugulnst thu cltv of
Scianton was aigued befoie Judge'
Purdy yestetday by Mr. Vosburg for
the elty and Mr. Comegjs for Mis.
Heap.
Try a "Hotel Jermyn" cigar, 10c.
We Call
Your Attention
To Our
Immense Stock of
Horse and Mule Sboes,
Bar Iron Steel,
Chaniiells, Angles,
Shafting, Toe Calk Steel,
Bolts and Nnts,
Rivets and Washers,
DEATH OF THOMAS COLEMAN.
He Succumbs to His Injuiies Late
Monday Night.
Thomas Coleman, ono of the miners
who weie so tertlbly tunned Monday.
by an explosion of gas in the .Maivln-.t
mine, died late the same night fiotu
his injuries. Ho had been filghtfully
burned nnd suffered gie-at pain also
from a fiacturo of tho skull.
He was 19 yeais of age and a son
of Mis. John Cnleiran. of Paik-
er stieet, and was u member of
tho Father Whlttey tempeianco society
und of thu Mat vino Accidental Fund,
He wll he bulled toniotiovv afternoin
in St. Mary's cenHciy. Dunmors,
pilnr to which set v lets will ho con
ducted at Holy Hosary chinch.
An Endless Stock of
Blacksmiths'
and
Wagon makers'
Supplies.
Hi 0.
l'.'G and 12S Franklin Ave.
Smoke the Pocono 5c. cigar.
C. F. BECKWITH & CO.,
SPUING ANNOUNCEMENTS j
and every description of fine engrav
ing see
D. 1RVINQ SIMMONS,
720 Connell Building.
DEALERS IN
Mine and Mill Supplies,
Machinery,
OFFJCE-Dlme Bunk Building.
Everett's
Horses and carriages are su
perior to those of any othe
livery in the city.
If you should desiie to go
for a drive during this delight
ful period of weather, call tele
phone 794, and Everett wiU
send you a first-class outfit.
EVERETT'S LIVERY.
WAKEIIOUSE-Urecn Ridac 1 236 Dlx Court. fNear citv wn x
!
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fiUft"''""-'' - -
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