lf 1 "V "
10
THE SCR ANTON TRIBUNE-SATURDAY, JULY 20, 1901,
v
ATTRACTIONS
OP SAVANNAH
HER PARKS, TORTS, SCHOOLS
CEMETERIES.
One of tho Most Beautiful and Inter
esting Cemetorlos in tho Land Is
Bonavonture, in Which Nuturo
and Art Combine to Adorn the
Resting Place of the Dead Other
Notoworthy Points of Intorest in
and Noar This Charming Forost
City.
SpciUl Lrrpwnlcn.c el llio Tribune.
Savannah, O.i.. Apill 7.
POINTS Ml-' Inteiem to he remem
bered by the lslti to Savannah
mo tho public pinks, containing
tho monuments to Seigeiint Jnsper,
General Nathaniel titc'cne and Pulaski
nil llevoliitlnnniy hetocH and tlio
imposing inonuincnt to tho (.'onfeeletnto
dead in the mllltaiy pantile gtoiiiidn of
t,a'vnnn.ih. Jty the ), Ihe Hty con
tributed newly tlio full share oC Ueeu-
gla'n quota o troops In the Spanlsh
Ametloan war. You should visit tho
ultea or tho Rie.it mllltaiy lamps where
20,000 nluiitcoi won- drilled and
nrmret for tlio stilling seenes on the
island of Cuba. Then theie Is tlio lllle
lanfte, -wheio Savannah illlemen ob
tained Riirh skill as to c.nry off the
lion's shnre of the pilzes at Sim t'irt. X.
.1., in their two Into lsltn noitli. Also
Japrr Sptlngs, uheie tlio gallant set
Remit fell In Hie war for Anieilcan In
rlependenee, and Foit I'ulnskl. on the
Pavannnh river, lilstoiic In two warn:
Kort Screven, on Tybco Island, with its
massive disappearing guns, that com
mand the sea ippi1oaeh, failed the
watch clogs of tlio Lieorgla coast. Then
there 1h 'I'hundeiboll, called the lilou
ceater ot (ieorRl.i, the oyster and lish
depot of South (leoigi.i, nnd the homo
of the Savannah yacht rlub; also the
ocean steamship wharves the largest
in the country, flc miles In extent.
Tybco and Win saw Inlands, the i-ea-plde
ics-oits of tii'oigia and South Cuio
llna; Isle of Hope nnd Montgomery, aic
ch, inning resorts on the "Salts" nnd
unrivaled for the beauty of their ap
proaches and siirioundlngs. Here are
the lionies of many Savannah buslnes-s
men. Another feature vvotthy of a
visit Is Hcthehdn, an orphan Industrial
school founded by "U'hitlleld In tlio days
of Oglethoipe, likewise far-lamed
Bonaventurc, the niont picturesque
cemetery In the wnilel. For want-of
time and space 1 will only describe the
latter and Forsyth I'atk. Xenily all
these pi. ices aic i cached In a few min
utes, either by wheel, automobile, olcc
tiic una or oairiagc.
JlONAVKNTTUi:.
Bonaventuie is one of the most fa
mous, unique and beautiful cemeteries
in all Ameilia, and within its sacred
routines have been bulled niHiiy of the
most dihtliiRtilsheil Soulheiners. It is
a favorite plaieof icsort to citizen and
straiiRcr alike. Titles of the dead have
fame as well as cities of the living.
One bundled yens ago some four
miles outside of Savannah this site was
M'loeted for a cemetery for Its Kiont
natuial loveliness. Its chaim then, as
well ns now, was its wealth of noble
Ihe oaks fiom which dionpliiR mask's
of beard-like grey Spanish moss hang
in heavy and ginieful folds oer the
grave of the distinguished deail of a
century ago, foimliig avenues and
arches of over a half mile of a strange
and welid aspect. The original tract
was settled upon in WTO by Colonel
John ilulryne, and after the maiiiage
of his daughter In 1761 to Joslah'Tatt
nal, the occasion was celebrated by
tho plantlnR of oaks which now adorn
tho grounds In the forms of the letteis
M and T, the initials of the icspcctlve
family names of the btldo nnd giooni.
For over a half mile extends n mag
nificent avenue of oaks, fotmlng a leafy
tunnel, from the roof of which diop
long stalacltes of leaden. colored moss
swayed to and fro by every passing
breeze, lleic, too, as In the city, pal
mettos and Spanish bayonets and other
harblngeis of tropical regions Ricct the
stiaiiRor's wondeilng eyes nnd lcmlnd
him that he Is beneath a sunnier sky
than at home.
FORSYTH l'AHK.
Forsyth I'aik. right In tho henit ot
the city, foimed after tho plan of tho
(liand paik In the City of Mexico, Is
a peerless gem that many tioitliein
cities may well envy. The shade trees
In It arc mostly pine and of the natural
growth of the forest. The walks are
bioml, winding and ptottlly ariangcd
and covered with shell, bouleied with
lawns and clumps ot loses, colcas,
cacti, Ivy and climbing plants. It con
tains ten acres nnd nn addltlonnl ten.
to be used as a military paiaiic. The
main enttance Is guarded by sphinxes.
In tho center Is n beautiful fountain.
In the collier of the parade grounds
.stands tlio Confederate monument,
modern Italian in stylo nnd fifty feet
high, standing on n raised terrace and
capped by a bronze statue of a Con-
fedeiate soldier at "paiade test. It
was elected by the Ladles' Meinoilal
association. On the die Is this peculiar
dedication:
"Come fiom the four winds,
O breath,
And hi rathe upon these slain
That they may live."
To tho Confcdotato Dead.
lS61-lSt..
UAIMVAYS.
Savannah Is an Important lallroad
teimluus. Theie aic four meat trunk
lines entering the city, tho "Atlantic
Coast," of the "Plant System;" the
Georgia Cential, the Southern Hallway.
and last, but not least, the "Now Sea
IJoaid Air Line." Savnnnnh has also
four steamer lines and connections to
Xcw YoiU, Philadelphia, Hnltlmoie
and Boston.
These tiunk lines entetlug the city
have conti Halted more in biinging
about Savannah's wonderful prosperity
than any oilier agency. In the civil
war Georgia was known as tho "gian
ary of the Confederacy," and the
southern nimlcs were largely supplied
fioin the bounty of her btoad acies
The "Xew Itoad," as the Seaboaid Is
called, is spending this year a million
dollats in Savannah, electing new olllce
buildings and enlarging It" extensive
switches and terminal, and nlso le
clalmlng waste land, etc., a tiansfor
matlon sicne well woith one's visit to
see. Theie seems to bo an air of mutual
congratulation among the citizens that
the extensive tcimlual Improvements,
the shortening of the route some thlily
four miles between Savannah and .lack
sonvlllc, will not only prove advan
tageous lo the Seaboard, but add great
ly to the genet al appearance nnd also
the city's piospoilty. This is a gigantic
entei prise and Savannah owes imuh of
Its pieVcnt prosperity to the new load's
management. The long "lion aims" of
theso trunk lines, tapping tho Caio
linas In the north and noilhwcM, and
westwaid extending Into the middle
and southwestern Cooigla and Ala
bama and portions of Tennessee and
Mississippi, and south waul penetiatlng
the hen it of Floilda, pour Into the lap
of Savannah's commerce immense coti
tilbutlons of the native plno, the cot
ton, the lice, the fruit and vegetable
Holds, the gianlte and phosphate beds,
etc., that enable her to stand pioudly
as a lommeiclal tenter and tirst in the
list of commciclal cities of tills section.
It used lo be considered In tho South
and In Georgia particularly, that cot
ton was klnR. Since the civil war all
this has been changed. Planting In
terests have become dlvrrsltled, large
farms have been cut up Into fruit nrch
uids; wbcte once were extensive cotton
plantations choice otchnids have been
planted nnd packing houses, canning
fnctoilcs and crate factories have been
multiplying. Thousands of acres aio
laid out in peach development, and
duiltig the dull summer mouths, when
cotton mid grain ciops aio laid by,
there are busy scenes among tho pencil
pickers and packeis. The luxutlant
poach orchards have lately become a
newly found wenllh to Georgia. The
"Klbcrta" Is the 'largest and llncHt
peach In tho woild. Tlieso riches of
the state (low Into Savannah, not only
down the liver and fiom along tho
const, but over the Central Hallway of
Georgln, whose main lino tuns to Atlanta.
IIISTOUY.
The city was founded In 17.!.! and lr
pulxed a liiltlsh squadtou which at
tempted Its capttue In 1776; but two
years later the enemy occupied It. Dur
ing tho civil war, after resisting Its re
duction by the national naval forces,
It suriondered to General Shot man on
Dec. 21, ISM, after his live months'
campaign and 300-mllo niaich to tho
sea. Sheiman piescnted the city to
Pio'idont Lincoln In tho following let
tor; "l beg to present to you as n
Christmas gift tlio city ot Savannah,
with l.'iO heavy guns and plenty of am
munition and also about 23.000 bales ot
Hilton," The cnptuic piovcd much
larger, Inc hiding Mill prisoners, 13 loco
motives in good older, 1!0 catf,
steamboats, besides the iromlads ami
tiansports blown up by the enemy, and
.'"'.lino bales of cotton salely stored
away. This ended the gicat iminh to
the sea and was the virtual collapse of
the rebellion.
J. K. lllchiuond.
REYNOLD'S BILL
IS DISMISSED
IS NOT ENTITLED TO EQUIT
ABLE RELIEF.
Opinion Handed Down by Prtsidont
Judge Edwards in tho Caso of Rey
nolds Against Boland ot al, Be
cause the Plaintiff Joinod with
One of tho Defendants in an Effort
to Deceive Another Party to tho
Transaction, the Judgo Directs
That the Bill Be Dismissed.
FOR STATE TREASURER
Senator McDonnald Says Charles
Robinson, of This City, Is tho
Logical Democratic Candidate.
Just a Few of the Many
Saturday Bargains
New laces Black Serpentine Chantilly Insertings, exquisite new
patterns in all widths, from ioc to 35c
White English Val Lnces and Insertions from 3 to 5 inches
wide, not a piece worth less than I24c to 25c. Special price 4c
White All-Over Laces some patterns shown for the first time.
39c, 40c and 59c
White Torchon Lace and Insertions 50 pieces, 10c to isc
grade. Special 4c
White Embroideries Nicely assorted line of pretty edgings, all
1 oc grade 6c
A big selection of wider goods, all new, 1 5c grade 9c
Cambric, Nainsook and Swiss Insertions 8c to 35c
lace Collars i.aoo Egyptian Point Lace Collars, 35c grade.
While they last 7c
A new line of fine Lace Lawn and Linen Batiste Neckwear just
arrived.
Ribbons Another big lot of high grade full 5 inch pure silk Taf
feta Ribbons, white and all the choice colors," 25c grade 15c
500 pieces of Black Satin Back, No. 1 Velvet Ribbons, 10 yard
pieces, pasted back 15c
50 pieces very attractive Hair Ribbons, new welt stripes 5c
Corsets Another opportunity in our Corset Department. All
full length Corsets at half price. Finest French models and
best American makes. P. D., C. B., J. B., P. N. and Flexi
bone. $3.50 Corsets for $1,751 $3.50 for $1.35. $2.00 for
Si.oo, $1.50 for 75c, $1.00 for 50c
Umbrellas Two lots made of all of our best Silk Umbrellas.
$3.00 to $3.50 for $3.00, $3.75 to $5.00 for $3.50
LadiCS' Underwear We believe we offer the best value in
Ladies' Vests to be found in town.
Ladies' Fine Vests, lace trim ioc
Ladies' Fine Vests, lace trim, silk ribbon 13 4c
Ladies' Fine Vests, full lace trim, silk ribbon 15c
Ladies' Fine Vests, mercerized, as fine as silk 19c
Ladies' Fine Vests, lisle thread, exquisitely trimmed 35c
Misses' Black Drop Stitch Hose 35c
Misses' Red Mercerized Hose 31c
Boys' and Girls' Vacation Hose, black i2c
The Famous Black Cat Hose 35c
Ladies' Fine Drop Stitch Hose, black isc
Ldie' Fine Grenadine Stripe Hose, black 35c
Ladles' Fine Black Lace Hose 50c
The Philadelphia Inquirer yehleiday
contained the following:
Democrats of Noithcastern Pentisjl
vanla who ought to know Mr. CoiHy
best will not Mippoit li tin for the Dcnio
n.itlc noninatlon foi state treasurer.
They favor the Humiliation of fonner
Sheriff Charles Uohliismn, of T.aok.i
wanna count. a Mt Bight neinoci.it,
and he can command a polid delega
tion from liW own and nolghboilng
counties, wheie Mr. foray, who 1st
styled an Independent Republican,
should be strongest.
Tho aboe were emphatic declarations
ft 0111 fonner State Senator M. K. Mc
Donald, of Seranton, tit the Hotel Wal
ton, last eenlng. He came here to ic
vlew thf political situation In the state
and to ascertain how far the agitation
for the nomination of n fusion ticket
by the Democratic state convention,
which meets at Hatilsburg on the K.th
piox. has received indorsement liom
Deniociats in this portion of the stale.
"Theie has been no moie ridiculous
pioposltlon lie.nd of In state politics for
some time." added Senator McDonald,
who is one of the lullueutlnl Demo
cratic leadciH of Lackawanna county.
"For Deniociats who have any respect
for thcni'-eUos and the tiadltlons of the
Democratic paity to place Mr. c'oray's
name upon their ticket would be fatil
cal. "Pcnioci.ils in Luzerne county. In
which Mr. foray tceldes, would be the
llrst to lesent the action of any Demo
cr.ulc convention that would attempt to
foist his candidacy upon our party.
Theie is not a gialn of Dcmociacy in
Mr. f 01 ay's entire composition He has
nothing in common with Democrats,
and his nomination would be an insult
to the Democrats of Northeastern
Pennsylvania, who ate now happily
nulled and delei mined to labor for the
welfare of the party.
"The time has atilved." said Senator
McDonald, "when the stulwait Demo
crats of Pennsylvania must assert
themselves. M'e have had too much of
this cateilng to n small minority fac
tion of tho Republican party. Tt Is high
time that ic heard something of
tUralght Democracy In our paity coun
cils and our stale conventions.
"Two yens age) we could have elect
ed a Democratic speaker of tho house
of repivsentatlvea had these so-called
independent Republicans voted with us.
Had they been as eager to defeat M. h.
Quay as they would have it appear they
could have elected (leorge A. Jenks,
the Deniociatlc candidate for l'nlted
States senator, but ln.ste.ui they pie
ferrcd to have the legislature adjoin n
in a deadlock. At the session of tho
legislatuie just closed we had the same
experience of the Independent or in
suigent Republicans seeking to subor
dinate the Dcmociacy to their own sel
tlsh purpose. These Insurgents again
refused to suppoit a Democrat for
speaker of the house. They Insisted
upon the Democrats taking up one of
their number, (ieneral Koontz, with the
same tesult. The sc heme failed, and as
befoie the Democrats got nothing.
If former Shot Iff Robinson or any
other good Denioctat shall be ngieed
upon by tho delegates who aie in favor
of the nomination of a stialghtout
Democratic ticket no power in or out
of the Democratic state convention can
stop tho nomination of sucli a. candidate.
"Sheriff Robinson is favorably known
and Is very popular among active
Democrats throughout Katitern and
Northeastern Pennsylvania. He can
command tlio hearty support of the
leaden of the Democratic organization
In Lackawanna, Luzerne, "Wayne, Pike
and other counties, and I am curious to
learn what Demociatlo leader of in
fluence will run counter to the poHltlvo
demand of tho Democrats of Pennsv I
vnnla tor tho nomination of a clean
cut, stialght Deinocritle ticket.
"Wo are about to enter upon a cam
paign for the election of a Demociatlc
governor. A cannot keep the Demo
ciatlc foice.s in line for that Important
campaign of next year If we at tho out
set eneouiago our I eople to vote for
Republicans. If we are to win In tho
future we must begin now to marshal
the Demociatlc voteis, train them to
look to their party for tho election of
good men and hold out to all Republi
cans who ate diMCHtlsiied with the ad
ministration of nff.iliH under existing
Republican le.ideishlp the hope that
thiough a united and aggressive Demo
cratlc oiganlzatlnn they may unhorse
the present Republican leadeishlp by
driving their mipporteis from power
and thus leave a way open for a leor
ganlzatlon of their own paity.
"Mr. foray may be all right In his
way. but the Demounts of Pennsyl
vania will not cnuntf iiP"."'" hlfi nomina
tion or that of any o'ner Republican on
their fctate ticket this fall."
President Judgo II, M. IMwards yes
terday handed down an opinion in tho
equity case of H. U. Reynolds against
W. I. Roland ct al., dismissing the
plaintiff ' bill, because lie had depilved
himself of 11 light to equitable lelicf.
The opinion leads as follows.
On n examination of the Uw applicable to the
ticlJ In this cac I flml that the initial fact
upon which the pUlnllfl's bill li founded l of
null character a to lakp tho contention out
of the domain et equity. 'Ihe illfpute U between
II. II Itejnol.b, the plalnllir, ami William l".
llol nut, one ot the delendantf. Ihero ii no evl
ilnice ronneetlnif '. . Doland, John A. Mean
unci the People's Coal company with the caso In
null a waj ai to require them to annrr ai de
fendant. It la piaetlcally conceded that there
l no evidence to hold them, and Hut the dit
pute hai narrowed Itucll down lo a conle.l be
tween the two men named. Wit ttlinon it lo
be found In SV) tjpewrltten pagei and cocera
main' mitlerj ct delill. TaUnif the view I do
of the rae, It l onlv nereiary lo find a tn of
the main fact In eider to dipo.e of it. From
the pleadlnir and evidence f find nun facia as are
material ami iclecaiit.' I idull Male them in my
own way without ninwerlnn the requests sub
mitted by both panic.
ru-is.
1. before Dec 10, lvw, s V. Metier had ae.
cured certain leaea of coal under land located
on the West Md of the city ot seranton, and
was doalroin of the aid of othem in the develop
ment of the propcity. lie mhmlttcd the matter
to William P. llol mil and II. II. Itec nobis. Af
ter sonic negotiations, Stctler, William P. llnland
and Itevnolds met with (.coirc S. Horn and t
li. Poland and entered Into in agreement, dat"d
lire. 10, 18', to form a mining compart), Hie
hitler lean's belnjr the snbtantial capital of the
(nuipanj. Ilif company was organized with a
iapit.il of 5,0io, illclded In certain proportions
bclnren the flee persons named. In pursuance of
this ncreement a charter was accured for tbe
People' Coil companj, each of the Incorpora
tor cither personally or through others, pajlnjr
his flurc of the ten per centum of the capital
slocX.
i Mr. Sletler aligned his leatea to rlie parties
to the agreement of Dee. 10 in their Individual
miiim. Mr. Horn and Mr C. f! lloland oblei led
to this. They also decided, atler investigation
Ihe piopertt, and the faellitles (or mining the.
coal, that they would withdraw from Ihe enter
prise, having lot faitli in it The contrnvcrsv
as to individual liibllitv nder the aligned
lease-., and Ihe waning confident e of two of the
projeitora, occasioned onie delaj, wltbh was not
Mtivfactory lo Metier. Mr. Hoin and Mr. CJ.
Holaud flnalb agreed to av.lgn their Interests in
the company and the pioperty to It. It. Ile.vnolds
and William P. ttoland. who wanted to continue
Ihe venture. Thrv Mill thought 11 could bo
made to nicceed. The wiltteri evidence of Hip
assignment to Ile.vnolds and lloland is dated
Vlay 1, 1501, and Is endorsed on the back of the
agreement of Dec. 10, 1V)9 It shows an align
ment by Mr. Horn to II. II. Hej nobis and Wil
liam P. riiland, and by V. (i. Poland to W. ii
Ham P. lloland. While Ihe foicgolng events were
culminating, and before the clue of the align
ment, stetler had taken aw.i,v the leases and ap
parently was proceeding to negotiate with sonic
other party or parties without regard to the
interests of the persons who signed the agree
ment of Dec 10. 'lo circumvent this action of
Stctler, II. II. Ile.vnolds and William P. lloland
brought an action of ejectment against Metlti,
the mhject matter of the action being tho prop
erties described in some of the Stctler lc.ic.
This movement resulted In the paper of April 4,
1oi, signed by II. II. Ite.vnold and William P.
lloland. In which it wa .igiced that the action
of ejectment hould be withdrawn and which has
writlrn in It Ihe following important clause:
"nd we further agree, for nurwlves and ao
cntcs, to assign all the stock hold by us in the
People's Coal conipanv to slid N Stctler, m
ativ persons, or company, to whom he may direct
such alignment to be mide." Liter in the
j cor 10D there was an incrca-c of $')"i,000 rftccted
in the capifal slock of the People's Coal coin
p.nv, and the stock was clisti United to various
individuals, Willi cm P. lloland receiving 1110
shares.
io ni:ri;iVK sir.n,i:n.
n 1 lie paper of April i, 1W, prima fade, left
William P. Uoland and Reynold without any
stock or interest In tbe company; that c, they
agreed to assign all their stock lo Stctler or
whomsoever he would iiciiie. Nevertheless, it ap
pears that Stctlei had no objection to William
P. Iioland. They weio on friendly terma and
were working together for the development and
surccs of the coal propertv. Hut it is clear
that Stetler refused in anv way to rccognle
Res nobis as Interested In the property. From the
early spring of loi stctler Insisted on the elim
ination of Reynolds from the joint eonecin, This
appears fairly sttled in the phlntitl's slvth re
quest for (hiding of fict. as follows: "From th
tune when the ejectment suit was started there
was eli-coid between Stetler nnd the plaintitr,
and a decided hostility upon the pirt of teller
towards Revnolds, This amounted to a determin
ation on Stetler'" part to deny Rejnolds any In
terest in the company, and to rcfiw to consum
mate the trmsfer of Ihe lr of tbe company
unless Mr. Reynolds got out and severed all con
nection with It, either as stockholder or as offi
cer" Notwithstanding Ihe antagonism of stetler to
nevnolds. tho latter and Williim P. lloland re
mained nn reasonably friendly tonus. Tliej need
ed each other's fervlcrs. Revnolds wanted some
help In connection with his "vondalc scheme,"
as It Is termed in the evidence Hdand was In
strumental in bunging Ro.vnolds Into contact
with Mr. Truedile, of the Delivvare, Lackawanna
and Western Railroad conipanv. for tho purpn-c
of furthering the vvondalo "piopotion," and
Rtdaud was willing tint Jtcvnnld should have
some of the People's Coal ciliiipanv stock. Whrth-
riEARS&HAGEN
415-4.17 Lackawanna Avenue.
Important Changes in Lackawanna
nailroad Schedule.
Taking etfect Sunday July 21st sev
eral Important changes will be made
in tho Lackawanna schedule and pas
sengers will do well (ii consult the local
pancis beginning Satuulay tho 20th be
foie taking tialns as under the new
table a number of trains will leave a
few minutes earlier than al present.
All Summer Shoes,
and Oxfords at half pi lie to make
room for fall goods. Lewis, Ruddy,
PavloH ct Murphy, SuO Lackawanna
uvenue,
er Remolds proniUed to give Roland $10,000 in
cash when the Avondale iiulter was consum
mated in payment for Ile.vnolds' assignment of
his Interest In ihe coil conipiny, is is asserted
on ono side and denied on the other, la of no
consequence now. It Is evident that Revnolds
wanted to retain bis lnterct In tlio coil coni
panv, and It is alo evident (hat tlds could not
be opcnlv done on account of Metler's hoslllltv
to Rc,vno!d. Therefore, em .lunc !l. 1i!i, Rey
nolds and William P. Roland met and made an
arrangement hv which Reynolds' Interest could
be protected and Stetler eleeelved.
REYNOLDS AND ROLAND AfiRLKUrAT.
4 llie foundation of plaintiff's claim for relief
is founded on a paper signed by Willi mi P.
Ilohiicl on .bine :i, lii, Thero wcie two paper)
signed on the same dsv. They aie as follows:
(a) Assignment of Revnolds to Uoland' "Now,
June .1, 1ST', for and In consideration of Ihe sum
ot ten thousand iIO,000) dollars to be paid to
me In csh or good commercial paper bj . P.
Roland, In the event that present arrangement
for the mining of tlio coal, under lea.e specified
In agieement between S. N. Sletler and otheis,
dated Dee 10, l'i, 1 herebj release and aslgn
to said W P. Roland, all mv right, title and
nleict In and to the People's Coal companj, and
the stock due me fiom said company, as well as
all Interest In and to and under the said agiee
ment, dated tenth day of December, IS'jR.
"II. D. Rejnobb
M Paper from Uoland to Reynolds: ".Vow,
third elav of .lune, D. lsW, II. II. Rejnolda,
having this day transferred to me all his right,
title snd inleiet in and to tho People's Coal
company, and the coal leases covered by agree
ment of tenth of December, A. D. ISO', bftwreii
S. N Stetler and otheu, this is to certify lint
raid transfer was mado to me for the purpose
only of temporarily satlsljlng s. . Metier,
wlm fur some reason eloes not entertain klndlv
leelliigs toward the said Revnolds, and for the
purpose of harmonising all differences exl.ting
between said S. X Metier and others Interested,
and 1 hereby agrre that so soon as Ihe organiza
tion of Ihe People' foal company Is completed
and certificates of stock for Ihe lnlcrrt of said
Revnolds In said enal conipanv Is Issued to rne,
to'realgn and reln.tate said Revnolds In his
present interest as fully and as eoniplclrly a
If Ids alignment to me this day had not been
niadc.
"Witness my hand ind teal the day and year
first above written.
veal) "W. r. lloland."
In two dajs Rcjnoldi sent (he fntlowlwr. com
munication lo the president of tho coal com
pany: ItF.VVOLDS' IlKStflNAl IO.V.
"Scranlon, Pa,, dune .., 1P1
"To the president, People's Coal Company.
"I hereby tender my resignation u secretary
and director ot tho People's Coal cotnpanv, tb
same to take cflrct forthwith.
"Vouia truly,
"II, It. Rev nobis."
The one fact about which the witnesses who
testify on Ihe matter substantially agree Is that
the assignment of Rejnoldis was made to cir
cumvent the hostility of Sletler to Rejnolds.
The plaintiff himself on cross crimination testi
fies thus, In regard to the assignment:
. Look at this paper; that was drawn by on,
was It not? (Paper shown wltne-e), A, Yes, sir
t). And drawn up with the design of fooling
Mr. Stetler, wasn't It! A. I suppose lint is Ihe
sense of If.
1), Wasn't It ststed In Mr. Rrcok's presence, as
he stated here this morning, that that Is what it
was done fort. A. Yes, sir.
t. To pretend that it was an honest, bom fide
transfer ot this stock from you to lloland? A,
Yes. sir.
l Recause Stetler had lefmod to go on villi
Hie ileal as long as you were In It? A. I couldn't
have any negotiations with him; be wouldn't
have anything to do with me.
() This paper was drawn for the purpose of
fooling Stetler became he wouldn't gu nn with
the deal as long as you were In it? A. cs, ir.
Again, Reynolds, In his csamlintloivln-chlef,
sa): "Will then came to my otitic and told
me the condition of aflalrs; that Sletler not only
charged mo with tvlng liltn up In the original
agieement, hut also charged me with being the
Instigator of tlio cjeitnient suit, and he was
so wrought up over Ihe matter and so angr al
me tint it was ditllcult, and, in lact, im-po-nlblc,
for him to proceed fintlier while I was
In the company, but tint If I would assign my
Interest to Mm he would rclmtito me In the
company In exactly the same rtmlltnn 1 then
occupied, and I should havo'tnv lull Interest. I
said: 'Will, I will do It, I will make tho assign
rnent,' and 1 did tint on' Juno .1."
HltllCK'S illMIMONY.
Mr. Ileck. plelntifl'a witness, aNo le.ulles:
"Mr. Roland and Mr. Itevniibls, In accordance
wllh their general cenvrrallon, which I was at
times a parly to, spoke of their Intrie-t In this
coal propcity, and It seems that Mr. Stetler
was mixed up In the affair, and for some reason
VIr. Stetler biel a great deal of anlino-ltj against
Ml. Revnolds, and In order that m.itteis should
be facilitated and things should move smoothly
on, It wis agreed that Mr. II. II. Revnolds should
apparently drop out of Ihe eoncrrn, alleging lint
he had nothing to do with it. He was at tint
time Ihe see-ietary of the companj."
(in croj examination the witness further testl
iVs: (J. I ndcr sour statrmrnt here thp-e ripers
were to be drawn up for the purpose ot deceiving
stetlerY V f, sir.
IJ. Tliej papers were elriwn up, as 1 under
stand ou In pursuance of this arrangement, this
talk? A. t; sir.
q. And was to embody tint agieement that
the'v had? A. cs, sir.
Q. Now give us whit was slid at that time.
A I can't give sou exactly what was said
(). Hive (t siih-.tnnll.illy. A It was simply
said that no arrangement could be made nit It
Stctler. William silel he couldn't do an.v thing
wilii him unless Harry stepped down and out,
and it was pursuant to that talk tint these
papers were fixed up.
If These papers einiiofiicu sunn iniiiu., in,
agreement? -v. Ye, sir.
There Is ether trstimonv to the same effect.
William P. Roland denies the delivery of th
trust paper He siss that it was not satWac
tors, and did not embody llieir agreement ; II
did not (mind the arrangement to pay the
fin.ncsl in connection with the Avondale matter.
This is of no ion-1 queue e. For the puipo'C-. of
this ca-e I hold that the paper was signed and
delivered. Rolli papers inii-t be taken together.
Ihry rrpre-.cn! one transaction, one agreement.
If clue falls, the other fall-.
0. After Hie inereae of the e ipilal t k Wil
liam P. lloland received :.l" shares ot the Pen.
pie's Coil compiny stock, lie siib-equenllv sold
.".ni shaies at Y'") pec sliaie. and at Hie lime o(
Ihe trial he hold five harcs in his own name.
I DM LI Mt- Dl' I.V.
1. The plaintiff not being entitled m equity In
the relief he pravs foi, his bill of complaint
should be dismicd.
' The first request for a finding of law- sub
milled by the defen-e is in the following word.:
"This being a court of equity Ihe complainant
mmt eome with clem Kinds. He cannot, there
fore, found his light to equitable lelicf upon
the piper of .lune .1, 10), printed as -lxiiiihi n
of tills hill, as Ihe eomplilnaiit himself admits
lint too pjpr- Is lolouiblc for the purpnv! ol de
ceiving stctlei." This point is afnnnrd.
X. n instrument in willing which liny he
the bisls ol a legal light in an action at law
is not ncccs-aiil.v cognizable In c,uitv.
DI-Cl-slON'.
Mr. Pomerny in bis work on Kquity Jurispru
dence, vol. 1,' section mi, in commenting upon
the niixim, "lie who comes into equity mut eh,
so with clem hands." says: "Ihe maxim is
more frequently invoked in eases upon fiaudulent
contracts. If a contract his been rntcied Into
through fraud or to anomplUli any fraudulent
Hurpo-e, a court of equity will not, at the suit
e.f imp of Ihe fraudulent partlc, a pirtieeps doll,
while the .igicrtnent is still executory, cither
compel lis execution or cleereo Its cine ell ction,
nor after it Ins been executed, scL it aside, and
thus restore Ihe plainliu" or other inlcicsts which
he had fraudiilenllv transfcried. r.quity will
leave such parties In exactly the sune position
in which they have plaicel thcm-clvcs, refusing
all affirmative aid to either of the fraudulent
pirtieip-ents. 'Ihe only equitable remedies which
tliev can obtain are purelv defensive. I poll Ihe
nine principle, whenever on- jnrtv. in pui-namc
of a piior arrangement has fraudulently obtained
properly for the Iw-ncflt of anotliei, rquitv will
not aid Ihe fraudulent bcneticiiry by compelling
a convevamc or funster to him; and gcneiall;,
where two or more have entered into a fraudulent
scheme for Hie purpose of obtaining piopcny in
which all aie to share, and the scheme has been
eairied out so lb it all of the ic-ults of the
fraud are in the hinds of one of the potie., c
coint i equliv will not Interfere on behalf of
the others to aid them in obtaining their sliaie,
bul will leave the panics In the position wlieie
thrv have placed themselves."
In the ca,o at b.n euro should be uken In tlio
ukc of ihe word "fraud." It la not inntended,
nor can 1 find from Hie ec-Minee. that when
Rev nobis met lloliud on June ::. 1-11, and exe
cuted the papers In evidence, Ibev intended to
over-ieech caih other to the undue advantage of
either, but that tliev intended to deceive Stetler
,.i tn "tool" him, as some id the witnesses av
Is bos one! que. lion. 'Ihe fails in .oiiiei of the
adludli ilcd u-ea involve fraudulent iigiccments
to elcl.iv and hinder creditors by comc-yamo of
property or confessions of Judgment. In eacs
Mich as' Wlnton vs. I'reemau. 1V Pa. HOrt, Lv.ins
Diavo, til Pi. CJ. and llon-hcy vs. Welting.
VI Pi 'Jin, the supreme court me languigo of a
severely condemnatory uituie. The facta of other
reported cases .lie of 'i different charactci. In
VUshjcli vs. llunsloker, 1 U Pa. Il'l, a land
owner ilevlsed a lottery scheme to dupo.c of lots
tu vaiious parties. Such a scheme was agilnst
the law. Ihe grantor, who had m.ide a died In
one of th purchascis. sought In recover the
land deeded, alleging Hie unliwful iluiaeler of
Ihe loller.v plan. The Justice writing the opinion
nvs it was an attenpt upon the phlnlUVs pirt
to set up his own tuipitude to elefeit his own
deed. In Rrown vs. Pitoairn, 11 Pa. .17, Ihe
court savs: "Ho who asks for a spec Hie perfeini
and' of a contract, to obtain which he luetic I
deceit. Is an unwelcome suitor In a court of
equity" Tills e i-e al-o decided that "it I. well
settled 'Kit a contrail valid at liw will not be
specifically enforced in cqultv unless the transn
Hon he tree fiom baud and suipilse." A ri.p
moie In point is Pell's appeal, !)l Pa. 4. b, wlieie
It was dee bled thai "for icasous of public policy
equliv will not eleciee spec I lie pcifuimanre of a
contract to sell ceilaln sliucs of slock of a bank
where sm'i shates .ne sought for the- purpose of
controlling the bank." Ihe transection rciltrd
In this ease seemed lo have Pecn a very Inno
ceil' cue. John W. Pell agiccd In writing to sell
R. M. lire: flllecn shales of Ihe capital slock
of the I'lnt National hank, of Noitli t'.it. Lrie
cnunlv, for sS.lin's", and Intcirst, the stoek tn
be de'lvnel al a specified time lite money
was tendered for the stock, hut I ell lefincd n
lorry wit his agreement, and the supreme couit
sustained lihu to Hie extent of refining the aid
of equl'y te his opponent, who was actuated hv
the ulterior motive of securing leiuiol of the
banlc.
In the lase at bar I am sitlsfied lh.lt the plain
tiff Is not entitled to eouslderatlnn In a coin t
of equll.i, lloland Slid Ri'.v nobis bad hv ihe
agreement of vpill I, 1''. alirach placed their
tniere.l In the hands of sletler, wlio.e attlluile
of persistent hostility lo lle.v Holds eoiild not I'e
shaken, Slcller was led In Inline Ihel Revnolds
was absolutely out ot tlio "scheme." I'o con
vince tetler of this lle.v nobis resigned is dlrrelor
and sdictary and ai.-ijiad Ids intiiot In tho
company by a papsr sbselutes on Its (aces snd
which was to bet shown to Stetler, but which had,
using popular expression, a "strlnn" to It.
Under these clicumstinees equity will leave
(he parlies where It found them. Jt will not help
one or Ihe other. The ancient maxims of equity
arc In the way, "Who dors Iniquity should not
hire equity," "who eomes Into equity must
come with clean hands."
blXRL'i:.
This case came on lei be heard at regular
term of equity court, ind was argued by counsel,
and upon consideration thereof, It Is ordered,
idjudgcd and decreed as follows, vln That the
plaintiff's bill of complaint be dlsmlsrd at the
costs of the plaintiff.
The prothonotsry is directed to enter the de
cree nisi In accordance herewith and to glv
notice to the parlies or their counsel, and ex.
crptlons to be filed within ten dajs from the
time ol such notice.
PROGRESS OF
THEHEAR1NG
(Concluded from Page 3.
FILEY'S
Reduced Prices on
Ladies' Shirt Waists,
Children's Mull Hats,
Babies' Lawn Bonnets
and Piqne Jackets.
to -woi k nftcr belne on Ktrlke fnr a
week, testlllrel tbat tbrcc men cnllcd
It I m a scab ono clay on Arlanis avenue,
near Lackawanna, ami tbat one of them
knocked him down, lie could not fay
who tho as-vallanti) wcte.
"WANTUD IT STIIICKKN OUT.
Mr. Nevvcomb moved to strike this
evidence out, on the ground that tho
testimony did not connect any of the
defendants with the assault.
.Indue Kelly ruled that unleia It was
shown that this was a point vvheic
pickets were maintained there could be
no connection bet n ecu the defendants
and the offenses allowed.
Mr. O'Mallcy said it was pioposed to
provf thai pickets weio maintained
theie. Judge Kelly dccldeel to allow the
evidence to stand, pending the Intlo-
duetlou of evidence to qualify It.
Conrad K, 1 1 n tcliln-s, a buss painter
at the tar shops, testified that W. II.
Stanton, one of tho defendants, anil
some larse man tried to Induce him to
quit and, failing to do so, called him
vile niiuiiv. Stnnton also told the huge
man to lilt the witness. They followed
him to the Sci anion house and told the
bartender not to sell him anything.
At nnothcr (Ime three or four men
gathered about him outside tile Scian
ton house and commenced to closn In
on hi in In n threatening manner. He
drew a revolver and told them to keep
their distance. They called for a police
man, and hovvent to the Delavvaie.
Lackawanna and Western station. He
later left Ills boarding house and went
to live at the paint shop, because, as
he said, it was getting too warm for
him up town.
Ladies'
Shirt Waists
Our Shirt Waist trado has surpasser
all former seasons, and the question
ot pioilt on the few Waists remain
ing In stock will not bo considered
now, but the price that will sell them
quickly.
7.-c Shirt Waists Were $1.2.1
The most popular $1.2." Shirt Waist,
nnd the vcty best value, obtainable at
Ibis price; the best make and linn
quality (ilngham, In stripes and solid
colors blue, old lose, lavenelor and
pink.
$I.K.-, Shlit W.ilht iciltired to $1.23.
J'.'.OO Slilit Waist lediiLCd to $1.50.
Higher priced Waists In ptoportlon.
CIIILUKEN'S
Lawn Honnets ami Mull Hats at re
duced pi ices.
2.'c Lawn Hnnnets 10c.
60c Lawn Uonnels 39o
T.'ec Lawn ItonuelH B0(j
$1.00 Lawn Honnets Too
$l.r0 l.avvu Honnets $1.1H
$2.00 Lawn Honnets $1.19
MULL HATS
$1.00 Mull Hats "3o
Jl.C, Mull Huts $1.2."
$2.00 Mull Hats $1.''
$3.00 Mull Hals $2.25
$1.50 Mull Hats $3.50
Short rieitie Jackets, t educed from
, $2.23
A WOMAN WITNHSS.
The llret woman to enter the court
loom since the hearing began was Mis.
r.itilck O'Connor, wife of a car shop
employe who continued lo vvotk after
the strike was dcclaied. She testified
that two men came to her house and
lold her to use her Influence to keep
her husband from going to work, add
ing that If he worked another day it
would be his last.
She could not tell the names of the
two men. nnd was not sine she could
Identify them again.
Chailes .lacoby, a member of the File
Pullers' union, and George Dlclu, presi
dent of the Fire Tullcrs, aic tho two
men whom the plaintiff alleges called
at tho O'Connor residence.
Attorney O'Mallcy calleel out the
name of Jacoby.and asked him to stand
up. He "was ailslng, whem Mr. New
comb called out: "Sit down. Don't
stand up."
Tinning to the court. Mr. Newcomb
said: "That sort of thing will not do.
If It please Your Honoi. That's the
police way of Identifying. That may go
all right In the Toombs, but not In a
court of justice. It Is a vciy close ic
latlon to the third degree."
Continuing, Mr. Newcomb explained
that this was a icry easy way of con
necting Jacoby with the alleged offense.
Mis. O'Connor would be nsked If that
was ono of the men, and even though
perfectly honest, might mistakenly he
Induced to believe he was tho man,
solely because he was pointed out to
her as one suspected.
Judge Kelly ruled that Jacoby need
not stand up. unless he wanted to. A
peif-on need not give evidence that will
tend to Incilmlnatc-lilmself. the judge
said, anil by a recent Suptenie couit
decision it was made the law that to
stand up tu court to ho identilled Is
equivalent to giving evidence.
MIL O'UUIILVS AKOL'MKNT.
Mr. O'Hilcn argued that while this
might be all true. It does not apply in
an equity case, but only In ciimlnal
ptorccdlngs.
Judge Kelly ictortccl that the Identi
fication was for the purpose of connect
ing Jacoby with a ciimlnal offense,
that of making threats, and If he gave
evidence now by helping along the
Identification, h" could not pievcnt Its
being usee! against him latei.
Mis. O'Connor was dliected by Mi.
O'Mallcy to step down ftom tho stand,
and a chair was placed for her near the
plaintiffs table.
"Charles Jacoby," called out Mr.
O'Malloy.
"Keep your seat, Mr. Jacoby," shout
ed Mr. Newcomb.
Mr. O'MJilley e.ipl.ilnt'd that Mr.
Jacoby had been regularly subpoenaed
as one of the plaintiff's witnesses.
"Oil, that's different," said Mr. New
comb. ".Mr. Jacoby may come for
wardbut nut Just yet. We will first
have Mrs. O'Connor retlio fiom the
court room,"
The plaintiff's attorneys protested
that tills was not right, but Judgo
Kelly tilled that It was. that at the ie
quost of either side a witness may lie
compelled to rctite while another wit
ness Ik testifying.
Mrs. O'Connor ictlied. In company
with her husband, and .Mr. Jacoby
c amo forwaul, but not until Mr. New
comb had beckoned to him that It was
all right.
MAUL DI2NIAU
Mr. Jacoby denied that he was one
of the men who visited tho O'Connor
house and made tin eats. Mr. O'Mal
lcy was about to interrogate the wit
ness further when Mr. Nowcomb ob
jected on the ground that the witness
was not a defendant or in any way
connected with the defendant.
Mr. O'Mallcy pointed out that Mr.
Jncohy was alleged to havo been as
sociated with Dlctit and that Dlctu
was one of tho defendants, his name.
appearing as " Dletnn." Mr.
O'Mnlley offered to show by the sher
iff that Welti had been subpoenaed as
Wcton. Adjoin nine tlmo was at hand,
so Judge Kelly said the sheriff could
be hi ought in at tho next sessslon.
My agt cement tho bent lug was con
tinued until Monday morning at 9
o'clock.
Mon'a Oxford Tie3.
at "."c. at Million's Shoe Stoic, S:s
Lackawanna avenue.
$3.2.. to
$3.50 to ,
$3.75 tr ,
$1.50 Coats, -Ji
$,",.00 Coats ..
'ill
$:
$2.75
....... .$3,7
, $1.50
$S.50 Coats $3.00
length
510-512
Lackawanna Ave
inns m
Lager
Beer
Brewery
Manufacturers or
OLD STOCK
PILSNER
435 to 45S
N. Ninth Stroot
. SCRANTQN, PA
Telephono Call, 2333.
SUMMER RESORTS.
HOTEL CLIFTON,
LAKE WINOLA, PA.
finest Summer II .tf 1 in VortliMStrrn lYiinsyl.
vania. Hotel hacks it ret leUwjrr, l.ickavvar.na
unci U cli in tr.ili-i at l'actoivvlllr Leavlm:
Sc-ranton 'J a m. atvi i p. in Write for rates,
etc .1. W. Moore, Prop
NEVJ YORK HOTELS.
WESTMINSTER HOTEL
Cor. Stxtrrntli St. and Irving Place,
NEWYOHK.
Ame-rle-an l'lin, .I00 Tcr Day and UpnareK
Kurorean Plan, H 00 Per Diy and Upward
bpccial Rates to families.
T. THOMPSON, Prop.
I HOTEL
JEFFERSON
NEW YORK
03.101.10(1 Kniet I Blh street.
Th .1 KV K!:ithON I J ft tbnrneichlj flrauclana
fiimilj evnd transient hotel, ofTerinB'atamlnl
miiraeoit Hmaiimumof luiuryevndcomfort.
On 11th htrett, Just cut of Union Square,
it la within n fair ininutea of the loadine
abopt, theatres and rluba,
European Plan, $1.00 up.
American Plan. $2.50 up.
Sultei with Private Bath, J2.00 up.
For apeelalratei.guldeaor Information write
JflllV :. ll.vrFIM.il. l'rnprletor
wtaBmamsmmeatasmamBmmmmmmamm
--
For Uuslncss Men
In tho heart ot tho wholesal
district.
For Shoppers
minutes' walk to WanamaVtesrsi
S minutes to Slegcl Cooper's Ble
Btorel Eay of acce.s to the sreat
Dry Goods Stores.
For Slphlseors
One block from B'way Cars. g1
Jnc easy transpoitatlou to aU
points i ,."
HOTEL ALBERT :
jtttu XUJVIV.
I ror Uth BT. ft UNIVnnSlTT TU T
Z Only one Block trom Broadway. ""
"1 DAvmc- 1 lln RESTAURANT ""
J ROOIBS, 3l Up, Price, Kea.onahls 4-