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THE SCRANTON TRIBUNE-THURSDAY, FEBRUARY 8, 1900.
3fc
IT'
BARGAINS
in Second-Hand
Pianos and Organs
A fine Briggs Grand and a Chick
ering Square, both exceptionally
good Pianos for church, concert
hall, or club house.
Square Pianos at your own price.
Second-hand Organs from ($25)
twenty-five dollars up.
Now is the time to buy an
ANQELUS
One second-hand, cheap, for cash,
or on monthly payments, at
PERRY BROTHERS
205 WYOMING AVENUE.
Ice Cream.
BEST IN TOWN.
Per
Xif&c Quart.
LACKAWANNA DAIRY CO
Telephone Orders Promptly Delivered
3j-37 Adims Avenue.
Scranton Transfer Co.,
Always Reliable.
All kinds ol transfer work
promptly and satisfactorily done.
Office 109 Lackawanna Ave.
Offico Phone 525. Barn Phone 6082
HUNTINGTON'S BAKERY.
m ItB (ID ira 1118
420 Spruce Street.
Masonic Temple.
C. S. SNYDER,
The Only Dentist
lu the City Who Is a Graduate lu
Mullclno.
42C-422 SPRUCE STREET.
TEETH
Reduced prices for the next 15 days as
follows:
Gold Crowns $2.50.
Gold Fillings 50c.
Best Set of Teeth $4.00.
Silver' Filling 50c.
Crown and bridge work a specialty. If
;,ou have any Dental work to be done call
nnd have your teeth examined free of
charge. Pulnless extraction.
Dr. Edward Reyer
El 4 SPRUCE ST. OPP. COURT HOUSE.
DR. H. B. WARE,
SPECIALIST.
Eye, Ear, Nose and Throat
Office Hours 9 a. m. to 12.30 p. m.; 2 to 4.
Williams Building. Opp. Pastofflce.
I CITY NOTES I
ELECTION OK OFFICERS. Tho Nay
Aug lloso company drum corps will
meet lu their rooms this evening and
elect olltcers.
COMMITTEE MEETlNtiS-Tho sup
ply, teachers and Mndirgartcu commit
tees of tho board of conttol will meet
tomoirow evening.
EXAMINATION t 'ONDUCTED.-Tho
civil service, commissioners yesterday
famlned ono applicant for tho position
of governmental Inttrprtter.
MONTHLY DANCE.-Ou Wednesday
evening, Feb. ui. the young men of tin
Bcranton Liederkranz will conduct their
monthly danco In Music Hall.
MANAGERS MHETINCl.-A special
meeting of the board of manager of the
I'iorenco Crlttenton Home will be held
it the residence of Mrs. V. S. DIehl, on
Tuesday next at 10 a. m,
RESOLUTION SIGNKD.-Mayor Molr
rostcrday signed tho joint resolution ml
Hitting tho Koyser Valley hm company
,o the city's lire department. The reso.
utlon provides that the company bu of
10 expenso to the city.
KEI.l.OW INJURED.-Ooorgo Kellow,
if Green Ridge, a conductor nn tho Del.
iwarc nnd Hudson railroad, yesterday
Homing had two lingers broken vviillo
loiipllng cms. He hud his Injuries at
:euded to at the Lackawanna hospltul.
FUNJIRAL TODAY.-Tlio funeral of
Isabelle, the S.year-old daughter nr
Michael Boland. of Dunmorc, will take
place, this afternoon at ".: o'cIock,
from tho home, 1121 East Drinker street.
Services will bo conducted at St. Maiy's
church and Interment will bo made In
Mt. Cormcl cemetery.
BASKET MKETING.-A basket meet
lug will be held In the Pcnn Avenue Bap
tist church today under the auspices of
thf Womans' Homo nnd Foreign Mis
sionary society of tho Ablngton associa
tlon. Services from 10 till 12 o'clock In
the morning: from '.' to i In the after
noon. All aro welcome.
PAY DAVS.-The Delaware. Lacka
wanna and Western cempuny paid yes
terday at tho cur shops, Itrlxhln and
Cayuga mines, nnd will pay the men at
Htorrs shaft today, Thu Delaware and
Hudson company raid yesterday ut tho
frfi.im,.,-r. A
Delaware, Mill Creek, nnlllmnro Slnpo
and Conynghani shaft, Wllkes-narrc.
KEEP OFF TUB UHAH8. Thn county
commissioners want roller served on
tlm pulillo that tho rlgns about court
house, square mean what limy say tinil
tlint the short-cutting across IoIh which
In wearing paths In tho lawn must In!
stopped,
FOOT INJURED. Augustus Clirlfn, of
l!s Crown avenue, nn cmployo of tho
Lackawanna Iron and Steel company,
while at work yesterday noon, met with
an accident In which hi a foot was badly
Inured, tin was taken to tho Moses Tay
lor hospital.
PHILLIPS WAS ARRESTED.
Langnn Did Not Like the Kind of a
Tea Party He Conducted.
Thomas J. Phillips, of Cleveland, O.,
tho proprietor of tho Boston Tea Par
ty company, which litis hecn selling
recently at a store on Penn avenue
Tong Tina tea, and his clerk, W. Bar
nard, were arrested yesterday morn
ing by Chief of Police Hnbllng and
Detective John Molr on n warrant Is
sued at the Instance of Thomas Lan
Kan, of Langan & O'Horo, proprietors
of the Columbia hotel, on Lackawanna
avenue, charging them with conduct
ing a business which Is a violation of
law, and also of taking money under
false pretense.
in each package of tea sold the pro
prietor claims tn give a prize, which
vary In value from clump Unlck knacks
to really valuable pins and watches.
Mr. I.nngnh went Into the store Tues
day afternoon and bought package af
ter package wit.i tin success, only re
ceiving breast pins of small value.
After he had spent $47 ho drew n.
cheap watch, which he exchanged for
more packages. In one of which was a
watch which Phillips claimed to lie
win th $:!.', but which a Jeweler to
whom It was shown said It was onlv
worth Sir..
After this t.angan swore nut a war
rant and In Alderman Millar's office
yesterday morning the case was heard
by that magistrate. An amicable set
tlement was reached.
This was the second time for him to
be arrested, as he had been arraigned
before Alderman Howe Tuesday on
the same charge, Eugene Henry being
the complainant,' but the caso was
discharged.
A DEAD GAME SPORT.
That's the Way nn Applicant
for
Aid Described Himself.
Mrs. Dugguii, agent for the Associ
ated Charities, yesterday had an odd
caller in the shape of a rather dilapi
dated looking Individual who gave as
his name Martlnus Pleiendo, nnd said
be came from Allegheny. He gently
denied the fact that this might be an
alias and accounted for the peculiarity
f his name by savins that his father
was a Frenchman.
His right leg was fractured at the
knee, and he applied to the poor board
for aid. Mrs. DtiRgan gave him a let
ter to the Lackawanna hospital author
ities and he took himself there for
treatment.
Although of a very ragged and com
mon appearance, still Mr. Plerendo
used the most elegant language. "I
deeply regret, madam," was one of his
remarks to Mrs. Duggan, "that you
question my veracity."
To a Tribune man he remarked slyly:
"I am known throughout this entire
country from California to Maine as :i
dead-game sporting man." He then
gave u list of his (nullifications by
quoting what he claimed to be an ex
tract from an Elmlra paper, which de
scribed his appearance on a race track
In the capacity of a tout.
"It was while shipping some horses
to a certain place that one of the ani
mals kicked me, breaking my knee
cap," was the way he accounted for
his accident. He travels on crutches.
PROGRESSIVE EUCHRE PARTY.
Men's Guild Club of St. Luke's Par
ish Will Conduct It.
The Men's Hulld club of St. Luke's
parish will hold a progressive euchre
party In their rooms In the palish
building, Wyoming avenue, Friday
evening, at S o'clock. This will be the
second of a series to bo given for the
members of the chib and their friend ).
At the Hist one, held on January 21.
about soventy-tivo men were present.
Fifty played progressive euchie in ths
main club room and tho remainder en
joyed the reading, writing and billiard
rooms of the club.
Already the Ouilil dub numbers
about fifty, and tho membership Is on
the Increas'.1
The club rooms are open i
from 10 a. in till 10 p. m. Must all th
current mngasines may be found In the
reading room and all ihe rooms are
bright, pleasant and neatly furnished.
BOARD OF TRADE MEETING.
Address Will Be Delivered by Wil
liam Griffiths.
William Griffiths, mining engineer of
this city, has accepted an 'Invitation
extended by the board of trndo to de
liver the Illustrated lecture on "Meth
nds of Washing iilm Into the Mines,"
which he gave last week before thu
Franklin Institute at Philadelphia.
The lecture will be delivered at tho
next meeting of the board, to be held
February 1!'. At this meeting tho li
cense ordinance now before councils '
will be discussed and the special com- I
ml t tee who attended til" water rates
meeting of councils will icport, as will
clso the delegates to the national
boa id of trade meeting.
Through Sleeping Cars.
The Lake Shore and Michigan South
ern Hallway operates through sleeping
cars between Boston, New York. Buf
falo, Cleveland, Cincinnati, Toledo,
Chicago and St. Louis, also between
Buffalo and Pittsburg and Detroit and
Columbus. Accommodations In sleep
ing cars may bo reserved by means of
letter or telegram, or by application to
the local agent In your town. No oth
er railroad between Buffalo and west
ern cities offers such good sleeping car
accommodations as the Luke Shore
and Michigan Southern Hallway.
A Card.
We, tho undersigned, do hereby agrea to
refund the money on a SO-cent hottlo of
Clrecne's Warranted Syrup of Tar f it
falls to euro your ccugh or cold. Wo nlso
guaranteo a Si-cent bottle to prove satis
factory or money refunded:
Matthews Bros. C. K. Chittenden.
Phelps' Pharmacy, II, W. Humphrey,
McOurrah & Thomas (!. Plchel.
II, C. Sanderson. J. P, Donahoe,
N. M. Eiche, Brown's Pharmacy.
Finest wines and
t2Q Epruco street.
clears at Lanj',
Smoke tho "Hotel Jermyn" cigar, lOe.
VOP'LL (JET COLLARED SATURDAY.
Try a "Hotel Jermyn" cigar, 10c.
.
PROVfcD GMLTlisS
BY NEWSPAPER AD
SOn STEALING CASE WAS AB
RUPTLY TERMINATED.
Judge Edwards Directed a Verdict
of Not Guilty When It Was Shown
That the Finding of the Alleged
Stolen Dog Was Duly Advertised
at the Time It Disappeared, in a
Notice Over the Finder's Name
and Address Other Cases Tried in
Criminal Court Yesterday.
Another largo raft of criminal cases
was disposed of by Judges Kdwards
and McCluro In quarter sessions yes
terday, im less than twenty-live being
dealt with In one way or the other.
Convictions were few and far between,
only two of any mumenit being re
corded. One of these was lu the dog stealing
case of the Commonwealth against
Hugh Winkler, James Purdy, prose
cutor. Winkler lives In Honcsdale and
Purdy In Cnrbondale. The latter owned
a valuable bull dog which he lost No
vember L'S last. The dog was later
found lu the possession of James T.
Heed, of Washington avenue, this city.
Mr. Heed said he received it from his
father-in-law, Hugh Winkler, and
Winkler, upon being nyought to task,
said thu animal followed him one day
he was passing through Carbondalo
and accompanied him without any
coaxing to Honcsdale. He didn't want
the doir, so he sent it to his son-in-law.
Mr. Purdy didn't believe this story.
Neither did the jury. Judge Edwards
sentenced Winkler to three months 111
the county Jail,
CASK AGAINST STIPP.
Henry Stipp. a young man from Nay
Aug, charged by Peter Conynghani, of
Hunmore, with the theft of a dog, was
saved from conviction by a newspaper
"ad." The commonwealth had proven
conclusively that the dog was owned
by Conynghani: that It was found In
Stlpp's possession, and that when the
latter was accused of having the stolen
dog he shipped It to Harry Depuy. It
looked bad for the accused, and when
the case was Interrupted by the sen
tencing of Hugh AVInkler to three
months for dog stealing, the Impres
sion was general that young Stlpp also
had a term of Imprisonment in store
for him.
Hut such was not to be. Following
the directions of his attorney, Mr.
Scragg, young Stlpp took from his
pocket a copy of a local paper of last
July, which contained an" 'ad." giving
notice as follows: "Found Lemon
spotted bird dog. Owner can have
same by applying to Henry Stlpp,
F.lmhurst road." The evidence of the
Iirosecutlon was to the effect that the
dog was stolen In July and that It was
a lemon spotted bird dog. Judge Kd
wards promptly directed the Jury to
return a verdict of not guilty.
Stanley Vanosky and Alick Vanoskv
were returned guilty of stealing $20
from their boarding boss, Michael Mel
llek, of Jessup, and also of committing
assault and battery upon him. They
were sentenced by Judge McCluro to
pay a tine of $10 each and spend six
months In the county jail for the lar
ceny, and fined $:'0 apiece for the as
sault and battery.
Lorenzo and John Matuchy were con
victed of assaulting nnd battering
Samuel Devlvl on Lackawanna avenue,
near Cassesse's hotel, on the day of
the letter carriers' -parade. Sentence
was not pronounced.
5CEACK NOT GUILTY.
A verdict of not guilty was returned
In the case of John Zeack, of Wlnton,
charged by Barbara Pesarehle with
attempted criminal assault. The costs
were placed on the prosecutrix.
Mrs. Donntl Maria Genovise, of Provi
dence, was tried before Judge McCluro
for committing assault and battery on
Mrs. Mary Murray, who lived In the
same house with her. Tho trouble
grew out of a borrowed bread pan.
Mrs. Genovise loaned one to Mrs. Mur
lay and when sho went to get It back
a quarrel arose, which ended In Mrs.
Murray being severely beaten. Mrs.
Ferguson, tho mother of Mrs. Murray,
provoked a laugh by devoutly crossing
herself before beginning her testimony.
The caso in which P. H. Furrell
charged P. H. Byrno with larceny by
bailee of a silver watch was non-
prossed by reason of the fact that over
two years had elapsed from the tinis
of the alleged crime until the arrest
was made.
In the case of the Commonwealth
against Frank Norton, attachments
were Issued for Thomas Connlff and
John M. Watklns, absent witnesses.
In the case of thu Commonwealth
against Peter Jakelcowitz, J, C. Haw
thorne, prosecutor, a continuance was
directed by agreement nf counsel,
Capiases were issued for James Mor
gan, Frank Kapuschnlski and Hugh
McLaughlin, defendants, who failed to
respond when their cases were called
for trial.
A verdict of not guilty was taken
In the caso of Sterling B. Anderson,
charged by Bessie, McFarland with
criminal assault. Thu prosecutim wus
brought In 1S92, The caso did not eomo
tn trial owing to various reasons and
the bondsmen of the defendant, lwiiu;
anxious to be relieved, asked that a
vtrdl'i of not sullty he taken. An
cirson l.i now In Mexico and i'v uros--cutiix
's In Kentucky. The 'lomlsmen
PROTECT YOURSELF
AGAINST ADVERSITY-
Ana at the .snme time
travel rapidly towards
prosperity. How?
Open a savings ac
count with the
Traders
X National Dank i
Corner of Wyoming
Ave. and Spruce Street.
A safe and sound insti
tution, and deposit a
portion of your income
regularly and systemat
ically. You'll be sur
prised how quickly vour
savings will grow, aided
by the interest
f
;.,....,.
nave a check to cover tho an .punt of
the costs.
CASK SETTLED.
Tho assault and lottery cape tn
which Wassll Kutskow was prosecutor,
Andrew Murtzer, defendant, was re
ported settled and a. verdict of not
guilty was allowed to be entered,
A verdict of not guilty was taken
In tho case of M. J. Walsh, charged
with embezzlement by Oeorge Smith.
Andrew and Annie Harwln, of Price
burg, were found guilty of assault and
battery upon Mary Howey, one of their
tenants, from whom they tried to col
lect seven months' back rent with a
club.
Special Officer Fred Addison, of Old
Forgo, failed to appear to prosecute
the charge of aiding a prlsonor to es
cape which he preferred against Joseph
Hummers, ntjd a verdict of not guilty,
prosecutor to pay the costs, was entered.
Morris Hollander, prosecuted by
Footo & Shear for obtaining goods by
false pretences, was allowed to go, tho
prosecution having been withdrawn.
The malicious miscniet charge pre
ferred against James Harris by Joseph
Flynn was also withdrawn and a ver
dict of not guilty entered, tho defen
dant to pay tho costs.
Anthony nnd Joseph Zelesky were
found guilty of throwing stones
through the windows of John Demko's
hotel In Jessup one night last August
after they had been elected for rais
ing a disturbance. ,
Tho defendant being dead, a verdict
or not guilty was directed In the caso
In which Arthur Deaclo was charged
with pointing a pistol at Ellas Davis.
Constable William Colo was acquitted
of a similar charge, the prosecutor,
Anderson Carlon, agreeing to drop the
case. A verdict of not guilty was en
tered In tho statutory burglary caso
against Joseph Kllpatrlck, the boy who
was convicted of robbery at the last
term of criminal court, nnd who Is
now In the Huntington reformatory.
NOT GUILTY, COSTS DIVIDED.
Not guilty, costs divided, was the
jury's return In the assault and bat
tery case brought by James Nolan
against Max Suravltz.
Kmnia Hgler, of South Irving ave
nue. Is on trial before Judge Edwards
on the charge of being a common scold,
preferred by her neighbor, Mrs. Ellen
(iiirvey. Half a dozen witnesses testi
fied that Mrs. Egler was wont to stand
on her porch, In her yard, nnd occa
sionally on the street, and abuse Mrs.
(iarvcy and other neighbors, calling
them vile names in a loud tone of
voice. Another half dozen witnesses
living in the same neighborhood swore
they never heard Mrs. Egler speak
much above a whisper and that she
was a perfect lady In every respect.
It developed In the trial that tho Eglers
and Barretts have had some trouble
over children's squabbles and that Mr.
Egler had Mr. Barrett arrested for
assault and battery.
Attorney Is in Default.
The following' petition was yesterday
tiled with Judge H. M. Edwards:
The petition of Elizabeth Malnes re
spectfully represents that she employed
George w. Beale, esq., as her attorney
to look after and transact all of her
business In connection with the estate
of O. S. Malnes, deceased; that II. D.
Carey and H, E. Malnes are the execu
tors of said estate, and that on tho
12th of September, 1890, said executors
gave said George W. Beale a eheck.on
the Miners' and Mechanics' bank of
Carbondale. Pa., for $31(1.66, payable to
Elizabeth Malnes: that on tho same
day he brought the check to my resi
dence in the borough of Jermyn, Pa.,
and had me endorse the check on the
back thereof, so that he could secure
the money on said check, and that said
check was cashed by the said Miners
and Mechanics' bank of Carbondale,
Pa., on the 13th day of September last,
and th-J money was paid to said attor
ney, George W. Beale, esq.; that I
made demands on my said attorney,
George W. Beale. esq., from time to
time from the 17th day of September,
1S99. until Dec. 27th, 199: that he kept
making excuses from time to time why
he did not pay my said money until
Dec. '.'7th. when lie gave me a check
on the Traders' National bank of
Scranton, Pa., dated Dec. 20th, 1S99,
for the amount of the money he had
collected for mo, to wit: $3.6.66; that
said check was presented to the Trad
ers' National bank on the 30th duv of
December, 1899, and payment thereof
was refused for the reason that said
George W. Beale: had no uccount In
tho said bank: that your petitioner,
Elizabeth Malnes, has used every effort
to collect said money from her attor
ney, George W. Beale, without re
course to law, but having failed, she
tow prays your honorable court to
grant a rule on George W. Beale, esq.,
to shew cause why he does not pay
t'.:e amount claimed to your petitioner,
Elizabeth Malnes.
State of Pennsylvania, County of Lack
awanna, ss:
Elizabeth Malnes being duly sworn
according to law says that the facts
set forth In the foregoing petition are
true and correct. Elizabeth Malnes.
Sworn nnd subscribed before me this,
second day of January, 1900.
Grace M. Halght.
Notary Public.
The rule as prayed for was granted.
It was made returnable February 11,
at 9 o'clock a. m.
Marriage Licenses.
William Mciiulro Scranton.
Jlridget Healey Scranton.
Alex. Olszewski Prlccburg.
Josepha Czymlch Prlceburg.
Fecka l'ernaek Olyphant.
Nastha Slachurska Olyphant.
John C. Evans ....-'020 Wayne avenue,
Mabel Jenkins 222 Spring street.
Alvin Morgan ....1731 Church avenue.
Alum Clancy 1S03 Ross avenue.
Court House News Notes.
Klnal continuation was given by
court yesterday to tho report of tho
viewers on the Jones street sowor In
Olyphant: tho assignee's report In the
estate of Estabrook Hrothers, and tho
first and final account of C. II. De
nieritt, assignee of Dr. Wlllard Parker.
Lewis E. White yesterday filed In
Prothonotary Copoland's otllco u peti
tion for divorce from his alleged run
away wife. Clcrtrude May Taylor
White. They were married June 27,
lS'.H, ami the alleged desertion occurred
May 1.1, 1S9S. Wlllard, AVairen &
Kuapp represent the petitioner.
A petition signed by a number of tax
payers of First district of tho Third
ward, this city, was presented to court
yesterday, asking that tho district
polling place be changed from Its pres
ent location at SM West Market street
to Martin Cavanaugh's store room at
!H6 West Market street, the tenants
of tho former premises, Harber James
fiulden, having surved notice that ho
will not allow his shop to be used as a
voting booth. Next Saturday ut 0
o'clock a. m. was fixed as the time
for tho hearing on the petition.
m
Liver complaints cured by Beechuin's
Pills.
Smoke the Pocono Ec, cigar.
YOU'LL GET COLLARED SATURDAY.
,.-vMi.uML. -- ,,,., ..,,.. -
ONLY DOING WHAT
COMPLAINANT DID
JUDGE EDWARDS ON FINN-CARTER
RIVER BANK FIGHT.
In a Lengthy Opinion Discussing the
merits of the Case in Detail, He
Decides That Carter Has a Right
to Build the Wall in Question to
Protect His Land from Overflow,
Just as Finn Sid on the Opposite
Bank for the Same Purpose Full
Text of Opinion.
Following Is tho full text of the opin
ion In tho case of George A. Finn
against I. P. Carter and others, which
was' handed down by Judge 11. M. Ed
wards, Tuesday:
George W. linn v s. P. P. Carter, et nl.
Thu plaintiff In his bill alleges tli.it he
Is tho owner of a tract of land consist
Ing of several acres, nnd located on the
westerly side of the Lackawanna river.
In the city of Scranton: that this tract
of land has been plotted Into lots of
which several have been sold nnd on
which buildings have been erected, nnd
that tho defendants, who own a tract of
land nn thn eastrrlv nldn of tho river.
have constructed a stcnu wall Instdo of
the easterly bank of said river, thereby
preventing tho water fropi flowing In the
accustomed and natural channel to tho
Imminent danger of plaintiff's property.
Tho defendants In their answer deny
the averments set forth lu plaintiff's bill
and allege that the plaintiff lias con
structed an embankment upon the chan
nel of tho river to such an extent as to
endanger thu land of tho defendant.
After it full and final hearing and a
personul Inspection of the river nnd its
banks, we find the following facts:
1. By tho act of 20th of March. IMS, a
part of tho Lackawanna river. Including
the location In dispute In this case, was
declared to be' navigable and a public
highway. P. I,. IMS. p. I'm.
2 The plaintiff in ISM purchased a tract
of land situate on the westerly side of
tho Lackawanna river. He plotted the
tract into lots and sold them to various
buvers who have built houses on them.
The plaintiff himself has erected several
buildings on the plot and yet owns a
considerable portion of the tract.
CONDITION OF BANK.
S Tho defendants own the land on the
opposite or easterly side of the rivet.
The evidence fully discloses the condition
of the river banks as It was from thirty
to fifty years ago. The extent of the
river Involved lu the present contention
Is nver six hundred feet and reaches
from the Park'-r street bridge, shown on
the man. down to the end of the stone
wall erected by the defendants, tho wall
ending at a bend of the river where there
Is iv high natural embankment.
During tho period mentioned, and for
some time since, both banks of the river,
from bridgu to the bend, v.vie ovet (lowed
whenever there was an ordinary freshet.
The banks were so low and the nature
of tho ground of such u character that
the overflowing of the land on both sides
was not looked upon as an unusual oc
curreiice.
This overflow was moro noticeable on
tho westerly than on tho easterly side ot
the liver, because tho level land on the
westerly side covered a. much wldel
area, and because the ancestor of the
defendants In 1S70 began to take measures
to protect his land on the easterly side
from the ravages of annual freshets.
4 About the time mentioned, in 1S7i' or
3S71, Pulaski Carter, who had a shop or
an axo factory and a mill on the east
erly .side, began building what Is known
us a riprap wall alorg his side of the
river, extending It from year to year
along the shore of tho river down to a
point not far from the bind.
There was also n wooden cribbing In
the same place before the wall was built.
Two wing walls vvero built starting from
low water mark acu ss Into Cartcr"s land.
The purpose of the cribbing, riprap work
and wing walls was to protect a race
that Carter had running through his
land, Into this race a. portion of the
water of the river was diverted at a
point below tho Parker street bridge,
anil emptied again Into the river at a
point near the "bend" already mentioned.
For several years the race has been
abandoned and the water which formerly
Ik wed through the .ace has since found
Us way into the clnnnel of the river.
IMPORTANT OBJECTION.
n-The moit lmnort.mt objection made
by tho plaintiff Is to the erection of the
wall as It now appears at the point of
fifty to ono hundred feet from the bind.
The defendants continued the wall all
the way to the bend, or to the high nat
ural embankment which made a turthcr
artificial barrier unnecessary. It is this
piece of wall more particularly that thn
plaintiff claims is inside of tho easterly
bank of the river, tho erection and con
tinuance of which are liable to endanger
the plaintiff's propel ly.
A consideration of the evidence, aided
by observation on the giotmd, convinces
mo that the wall complained of by tho
plalntllf Is not inside tho low watei
mark of the easterly bank. The great
preponderance of tho testimony is in fa
vor of this conclusion. 1 concede that
It is dlturult to fix with mathematical
pi edition the low water lino on either sldo
of tho river from tho Parker street bridge
to the bend, owing to the varying changes
and condition of the soil; but substan
tially, and for all practical purposes, It
can bo ascertained, especially on tin,
easterly side. I find as u fact that the
defendants In erecting the wall com
plained of. have not encroached upon tho
channel of the Lackawanna river.
ii I cannot find from the evidence that
there is it well-defined high water lino
nn the easterly side, Tho indications on
the ground aro unsatisfactory. But It
is dearly apparent In reading the testi
mony that the water lines of the river
am likely to recede. In the last few
years tho How of water is diminishing.
Thero have been no freshets lor several
NEW GOODS
FOR
SRRNG
At 75 cents
Dexter & Lambert's Qlasse Taffeta Silks, in all
the new pastelle shades steel blue, granite gray, college
blue, marine blue, turquoise, porcelain, royal lilac, fuchsia,
dahlia, Venetian red, claret, geranium, etc. This Taffeta
Silk will wear.
Cheney Bros.
High-grade Figured Foulards, all the new designs,
75c and $1.00
Granite Silk
A new weave, wear guaranteed, a very soft high lustre
Silk. Complete line of new Spring shades, Price, $1.00
r?:. n:Min
rillC LM2Jiav
Trimmings, Etc. They are
HEARS & HAGEN,
' --'rAniliil raiVir-fiririiitwi'rii'iir "-
JWWMWWWVWWMVM
Dinner Sets ?
Large Variety, All Prices. Best Goods.
We guarantee all our sets not to craze, what is more dis
gusting than black, cracked dishes. Good, clean white dishes
are appetizing. A housekeeper is judged by the appearance
of her china nnd table line n.
100 Piece Semi Vitreous China, Decorated $7.50.
100 Pieces White Granlt e, Decorated. ........ .$0.50.
CYuxvaTVtaW.
Millar & Peck,
mmmmmnmmmmmmFmi
Cloth Jackets
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
go
Consequently you will nnd
All 2t:.oo Tackets for
All
Jackets for
20.00
All
All
All
All
All
is-.oo Tackets for
10.00 Jackets for.
7.50 Jackets for
5.00 Jackets for
4.00 Jackets for
Golf Capes in Handsome Effects.
Were
Were
Were
Were
Were
for
25.00
20.00
15.00
10.00
7.00
for..
for
for.
for
Great reductions in prices on Furs. These are not old garments,
but all new, up-to-date the kind you always find at
F. L. Crane's
Raw Furs Bought.
in WORE DREftD 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
Fakir. Our prices are the lowest possible for first-class work. Our
system of Crown and Bridge Work is superior to any other. We are
up-to-date in all branches of Dentistry.
",
DRS. SAPP & McGRAW,
134 WYOMING AVE. (Over Millar & Peck's China Store.)
years, and In viewing tho present con
dition of the banks of the river on both
sides, from tho bridge to tl.c bend, there
need bo no apprehension of danger to the
property on ilther side, unless in case
of a very extraordinary Hood.
7 Tho plaintiff and bis predecessors in
tho title to his plot of land have certainly
taken great liberties with the westerly
bank of tho river, opposite the Carter
lands. A tract of land that thirty or
forty vears ago was low land and was
Hooded annually at tho tlmo of ordinary
freshets, because the bank was shallow,
now bv tho erection of artltld.il bar
riers lias been substantially reclaimed
and has been made valuable. A ravine,
"Sally Ann's cove," scooped out of Him
earth bv years of freshets has been tilled
nnd Is 'now ".Meade" street; tho natural
embankment has been raised several
fiet by the filling In of earth and with
refuse material; a wall similar In Kind
to the Carter wall has been built along
thu embankment and there is now a good
wagon road between tho liver and tho
lino of tho lots.
QUESTION OK ENCROACHMENT.
The uuestlon of tho encroachment on
tho channel of tho liver by the construc
tion of artificial barriers on the westerly
sldo Is not directly Involved in tho Issue
Continued on Pago 8.
1900
OF
Of new Embroideries, Laces,
ur new
Tuckincs. Allovers, Pu
Tuckings, Allovers, Puffings,
worthy of your inspection,
415-417
Lackawanna Ave.
"jaWJ1fJ"'1t''lt" tt .
13 Wyoming Ave,
"Walk In and look around."
at Half Price.
i
'. $12.50
10,00
7.50
5.00
3.75
2.50
2.00
$15.00
12.50
10.00
7.50
5.00
LACKAWANNA
AVENUE.
Furs Repaired.
"NOT IN A TRUST."
The 1900
Bicycle Season
Is Now On.
We wish
that the
to announce
1900 Models
of
Both in Chain and
Chainless are now on ex
hibition. 126 aud 12S Franklin Are.
Bicycle Manufacturers.
Calling Cards and
Wedding Invitations . .
Latest Styles at i
D. IRVING SIMMONS,
720 Connell Building.
Everett's
Horses and carriages are su
perior to those of any other
iivery in the city. '
If you should desire to go
for a drive during this delight-
ful period of weather, calltele-
phone 794, and Everett wjll
send you a first-class outfit.
EVERETT'S LIVERY,
836 Six Court. (Near City Hall.)
an
SB
11
i