i,9 Evening Herald. VOL. IX.--NO. 182. SHENANDOAH, PA., THURSDAY, JULY 19, 1894 ONE CENT 1 w IP ftlL EFBIGEBA.TORS. EFBIGEBATOBS. Large Assortment WILLIAMS & SON. Ladies' and Children's Muslin Underwear. aSZSBsn-SALE NOW ON. Children's Dresses, 15c. Children's Waists, 15c. Children's Dresses, embroidered nnd tucked, 3.c. Children's Skirts, with tucks, 23c. Ladies' Corset Covers, plain band, 18c. " " " V-shnped embroidered, 32c. " " " square neck embroidered, 82c. 1 Ladies' Chemics, hemstitched, full embroidered and tucked, 35c, Nlcrht Hobes. embroidered, ruffled and tucked. 45 and 4Sc. If not satisfied wo will gladly refund 116-18 N. Main St. Jelly Tumblers. Mason's Jars. CSaas. Girvin. umiw ti iihii, odkciii i unlet, M. P. CONRT, Monougabela whiskey..... 60c n qt. Pure rye whiskey, XX 1 a qt. Fine (5ld Bourbon, XXX $1.25 a tit. Superior Blackberry Brandy $1 a qt (Superior uognac .uranuy ji.o Imported Jamaica Rum. ...... .f 1.60 aqt. VUEHGLIKG'S Btock and Fresh Ale, uest Drmas oi oo uicsrs na HOESE FEED: Out Hay and Chop.- Orie.Car No. 1 Cut Hay. Ten Tons -Gliop:1 ' ' lJ'. K-fe J-"J ,. (-,' -jj f 3$ ABY CARRIAGES.. ABYC ARRI AGES. Low Prices. your money. 8 South Mam Street. 31 South Main St. LiouorStore I Draught Porter and Wiener Beer. au i I kinds of Temperance Drlnlts. i - ;AcrV SMI', Mi. TO- LANDLORD AND TENANT. Anthony Tobak Wins His Against Edward Early. Suit A MUSTY OLD LAW LIVES. Although it Was Passed Before the Declaration of Independence Was Adopted it is as Effective as Ever, Justices William II. Shoemaker and C. W. Deugler sat In the office of S. G. M. Hollupeter, Esq., yesterday afternoon with a jury of twelve freeholders to hear fiunl arguments in the case of Anthony Tobak against Edward Early for the pos session of the saloon at tlio corner of Lloyd street and Market alley. The jury men were William Kriok, James Qr.int, M. II. Keliler, David Faust, Andrew Hil debrandt, It. A. Davenport, F. J. Portz, A. u. ijami), William Ktniniel, M. v. Fowler and J. W. Johnson. The lury decided In favor of Tobak. awarding liini possession of the premises nnd S7.S0 damages in addition to the costs. The cases cited in tlie proceedings and the discussions by counsel for the respec tive parties on the law and evidence were or more man oruinary interest. It appears that on the first dav of June 1893, Martin Purcell, the then owner ol tlie property, executed, a bill of sale to Early which he sold to him the license and good will of the saloon and in which lie ngreed to give i.arly. unon the transfer of the license, a yearly lease at 818 per month, and In mirsanco of this agreement on tne otu nay ot the same moutli 1'ur- cell did give to faarly a lease to the premises, which specified the rental Bhould be $310 per year for ten mouths. The apparent conlllct between the con dition In the agreement to lease yearly and the ten months letting in the lease was ono oi tne ooues or contention. Party's counsel claimed that the agree ment was not only part of the lease, but was tne basis oi it ami tuat wnen Tobak purchased the Purcell nropertv nnd took an assignment of the bill of sale nnd the lense he would bound be by the conditions of the agreement, which called for a yearly letting to harly. Under the agree ment, Early's year would have expired on June 5, 1891, and under the lease on April 5, 1991. llut after April 5th and up to juiy atu t,ariy continued to pay ms reg ular rent and his counsel claimed In ad dition that the acceptance of this rent by raooK created a new tenance between him and harly and destroed the pro ceedlnKs Tnbok Instituted. Counsel for Tobak. Mr. Holloneter. urged that there could be nothing else for the jury to accept and consider than the lease dated June !th, 189.1. which ex pressly gavo to early possession of the premises lor ten months, lie ulsn main tained that the proceedings Instituted under the act of liTS. nlthouch verv un usual and seldom resorted to, were reu ular mid In conformity to law. and the jury evidently agreed with him, for now the bherifl s duty is to collect tlie dama ges awarded and TobaK is entitled to pos session of the nremises. rne act or ii7. under wnich tneso nro ceedings were Instituted Is, It will be ob served from the date, older than the Declaration of Independence. It nrovldes mat it n tenant suau remain in possession of property after his term has expired, and wituout tne consent ot tiio landlord, tne landlord may first treat him as n tres passer and summarily eject him from the premises, taking care, of course, that he shall commit no breach of the peace in doing so ; or, secondly, the landlord may appeal to any two justices or tna 1'eace within the county, make his complaint nun direct tuat sain .Justices snuu issue their warrant to the Sheriff and command him to summon twelve freeholders to meet with the Justices nnd hear and do terniine the rights of the respective parties In controversy. And if the jury shall find that the landlord is entitled to posses sion the Justices shall issue a process nnd the Sheriff shall forthwith execute the same and place the landlord In possession of the property, nnd thnt is tlie situation of the much talked-of Tohak-Early case up to date. McElhenny's Bill of Fare. Snapper soup, OyBter and clam soup, Hard shell crabs, Devilled crabs, Devilled clams, lobster salad, Little neck clams, Fresh and salt oysters. Dlecir IIesb. On the 17th Inst., at Shenan doah. Pa.. Lottie, wife of Benjamin G. Hess, aged 47 years 10 mouths nnd 17 days. Funeral will take nlnce on Satur day, 91st Inst., at '1 p. m., from the family residence, ou isortn .inrdin street, inter ment in the Odd Fellows' cemetery. Rel atives and friends respectfully invited to ntteuu. Big Cut In Kates. Ulg cut in steerage rates from New ork to Queenstown or Liverpool. White Star Line. $10. T. T. Williams, ngent, 4 South Jardlu street. 7-13-lw Repairing the Damages. J. P. Carden. the painter, is busv re pairing the damage done to his shop by the runaway horse on Tuesday evening, when Thomas Gradwell and Miss Katie liAinbridge nnrrowly escaped with their lives. Miss uainuridge repudiates tne conversation attributed to her nfter the accident bnppeded. Collecting for Strikers. Daniel Palmer nnd Julius Anderson, two accredited members of the Grassflat, Pa., brunch of the t'nlted Mine Workers o America, nre in town solioittntr oontrl b itions for the striking bituminous coal woriters. Foot Ball. The Shenandoah foot ball team has re1, organised sealu fpr the coming season with nil its old members and will hold its first regular meetluK to-night. J. A. Coughltn is the manager. The Flying Horses. Take n breezy ride on the fifing horses lutniou tit me cuu tu t vm uuai street. & cents. PERSONAL. Thomas Waters. Jr.. visited friends at Shamokln. Michael O'Henm visited Centralln friends yesterday. District Attorney Ilvnn came un from Pottsville yesterday. John Mannlnc. of Pottsville. Is the guest of town friends. Miss Mame II. Waslev returned from Uloomsburg yesterday. Mrs. W. N. Ehrhart spent vesterdar In Pottsville and Tnmaqun. Timothy Grnnev. of Mnlzevllle. creeted friends in town last evening. Miss Maitcie Whalen returned to her home In Pottsville yesterday. Mrs. Crawford Glover, of Pottsville. is the guest of Mrs. O. A. Kelm. Grant Potter, a Mt. Carmel newspaper man, was In town yesterday. Charles T. Gibson was confined to his home yesterday on account of Illness. Miss Mary Iteddv. of Delano, spent a fow bourn with her parents Inst evening. Mrs. O. B. Williams and Mrs. Thomas Mullahy, of Mt. Carmel, are visiting town friends. Miss Hattie Shaffer departed yesterday for Bethlehem, where she will spend a short vacation. Justice Willinm Amour, of Mt. Cnrmel. was in town yesterdny, the guest of his brother, Iltchard Amour. Mrs. J. J Durkin. of Tremont. and two children, are the guests of Miss Mary Stack, of East Centre street. Mr. and Mrs. C. J. Onlnn. Mr. nnd Mrs. M. P. Purcell and Miss Ella Ecan loft yesterday ior Atlantic uity, a. j. Mr. nnd Mrs. John P. WUlinms are visiting friends in Buffalo and Niagara tans, x., nnu Toronto, unuadn. Miss Bav Hollopeter left town to-dav for Watsoutown and Milton, where she will spend a few days visiting relatives. wuiiam i. uoyer. or l'lilladelpbin. n conductor on the Pennsy, nnd his wife nnu tinugnter, nre visiting mends in town. II. E. Dengler came down from Mt. Cnrmel yesterday to attend to business. Ho has not yet closed out bis interest in time pince. Mrs. Edcnr F. Hathawnv. a charminir resident of Ilornellsville. X. Y., is the guest of her sister, Mrs. 11. T. Knight, of &outu jardin street. C. T. Straughn nnd wife, J. Clnude Kelper nnd wife, Dr. M. S. Ktstlcr nnd Miss Emma Kelner made a pleasure trip to juauanoy uuy last evening. Charles Pendergast, a student nt the Overbrook Semlnnry nnd who was the guest of Superintendent John Bradlgan returned to his home yesterday, nfter uavmg a most enjoyamc time. Carl Heuter Kerger, German novelist nnd traveling correspondent of the New York Stnnt Zeitung, is toe guest of Max Schmidt, the enterprising North Maiu street dry goods and notion denier. JnnVes Toblu, of North Jardln street, left town on the 2:08 n. m. train yesterdny for Atlantic City, Intending to spend several days there, but surprised his family nnd friends by arriving home at eight o'clock last nlcht. "There's no place like home," was his explanation basiTbaix. President Breunnn snys Yeager's pitch ing win open tue eyes ot tne people. . Messitt is one of tho strongest additions to the team the management could have made. Manager "Jim" Smith has gone to Heading to arrange a game here with the uome tenm, Mrs. William Meyers, wife of Cantain M lyers, of tho local ball team, has arrived irom J'liiiadeipuin. Tho Shenandoah club succeeded In win nlug another victory yesterday atMuncy, tue score standing i-t to When the home team returns for its regular weekly game It will have the benefit of a week of excellent practice. There are many who think Shennudoah won't haven ghost of n show when It runs up against rottsvine. Tlie I'ottsvill people had the same idea early last season. The single nnd married professional and business men played another game of ball at the Trotting park yesterday anernoon anu in tne nintn inning stop ped the gnme abruptly on account ol umpire Galvln's decisions. Each side scored over 20 runs and the single men were a utile aueau. Ladles to Drill. One catchy feature of the B. Y. P. U entertainment, to be held In Bobbins' opera house hall on Thursday. Friilnv and Saturday evenings, Is tho drill o( the Amazons, twelve young indies in gay costumes, who evolve with graceful movement under the direction of Captain Boshore. An Indian fortune teller will peer into your future, tell your sweet heart's name, the day of marriage, locate tne nouse in wuicn you may reside, it tb ice or earn ami bonnet bins will come high, if he will stay out Into at nights, nnu many otuer tilings you are now nnxlous to know. Ice creom, oakes and rciresumenia Injured at Fowlers. John Spoodls, a Pole, was brought from j'owiers coiuery to nis nome, aai straw berry alley, at 9 o'clock this morning, suuering irom injuries received in th mine, spoodls, who is employed ns loader, attempted to cross tho chut without giving the customary "raps" to the miners above and when so doing was overtaken by a rush of coal, a sharp pleoe of which struck him on the right hip cutting a deep gash which, it is feared, has penetrated to his bowels. A. surgeou was summoned nnu tue injuries dressed. P. 0. of T. A., Attention. All members of Cnmn No 0. P. O. of T. A., nre requested to meet at their hall on Saturday, July 21. nt 1:30 p. m., for the purpose of attending the funernl of our late sister, Mrs. Lottie Hess. Invitation is also extended to the members of Camp ixu.sui.uuvi.uiiu. ijy oruer ot Jennie Davis, Pres. Attest : Pauline Hovek, It. Secy. 3t Looking For a "Go." "Tommy" Monaghan, the little 100 pound pugilist who recently defeated ''Jack" llogaii, of Hazleton, was In town last evening. Though short. Monaghan Is of compact mould aud looks as though he could put up n good article of fight lie is lOOKlnL' ior n mntcli with nuv featherweight In the county whose weight does not exceeu nu pounds. 'tet J man's, Get your repairing done at Holder THE CORONER'S INQUEST HELD. William Brcnnan Charged With the Murder of Frank Baynolo. SEEN TO KICK THE ITALIAN Dr Bissell States That the Victim Died From the Effects of the Fracture Received Evidence In Detail. MAitANoy Citv, July 19. Deputy Cor oner Edward Fognrty last evening held nn Inquest upon the death of Frank Bay nolo, the Italian who died on .Monday from the effects of nn assault made upon him while returning to his home In Yates- Hie. William Brenuan, a young mau 18 years of age, Is charged with the crime, together with four unknown companions. The evidence submitted to the jury last evening is as follows : Dr. J. H. Bissell sworn : Held n post mortem examination upon the body; found the occlnltnl fractured, it involved the parietal, temple nnd frontal bones running down to the base of tlie skull ; one fracturo 12 inches in length across and tne otner la incues down, irom tne top ot tho head to bae of brain ; there existed concussion of the brain. He believed tlie blow was struck from the side, but the wound could have been caused by n blow struck from the rear. The witness indi cated on the head of the District Attorney the position and nnture of the fracture received by Baynolo. The blow could have been struck from the front, If 'the man was running witu neau down, or from any position. Death was positively due from tlie tracture received. The fracture was caused bv a club or heavy cudgel. I think it would require n cudgel ueavier inan a sprag to cause tne tracture, but a sprag could do it in the hand of a strong person. The man had a blow on the chin, nlso. but the Jaw was not broken There were no other marks of damage or uones uroKen. A Juryman. Could this fracture have been caused by a fall ? Witness. It would cause a considerable fall to make such a fracture. Patrick hltakcr sworn Live nt Fow lent; saw Frxtik Baynolo n couple of times before; he lived in n (-hanty nt Jacksons; saw him last Sunday evening but could not say what time ; It was after supper; bo was coming up the railroad iorm anenanuonu ; ue nnu n bag ot eccs : he passed the trestle at Fowler's nbout 5 or 10 ynrds npnrt; he was on the railroad wnen tncy naiioeu no mm; uo not Know who holloed ; was ten yards nwav from railroad ; he ran over to me with a sprag In his hand, and held It over my head : I said I did not do anything to you ; I could not understand what lie said; bet lieu left go and I walked away from him ; Breunan and t'ntrlek .vleueo were staudmg with me at tho time, and a crowd of Jackson hoys were about 20 yards away : I could not understand what he said to that crowd ; lie spoke in broken English ; don't recollect anything that they said to mm or ne to mem; neard tne Italian called Macaroni; Brenuan, Tnbanev and McGee were in the Jaci n crowd: as soon as he talked to that civ .-. d I walked away ; I went over to the slope 25 yards nway ; didn't see Italian struck there, or hear him cry out : the Italian followed Brennan over to the slope, because Brcn nan had done something to Mm; Breunan In running away, fell, and Galvln got up nnu stopped tue Italian and urennnn ran away; don't know why Galvln stopped him ; don't know why he followed Breu nan : suppose It was bncause Brennan hud done something to him ; I then went down to my house; I was down hi the house uwhlle and when I came up the Italian was lying on the rond ; o half to three-quarters of an hour had Intervened beiore i came back; iur. lvuapp and Balllett and Stewart Hller were around the Italian when I got back. A Juryman Did tho Italian appear urunK or sooer r Witness I could not tell. Dr. P. A. Bissell corroborated tho tosti monv of Dr. J. B. Bissell. J. P. Knapp sworn: I am a resident o atesvllle ; never snw Baynolo until that evening; it was fifteen minutes past eight when I saw Iilm ; he was greatly nnnoyed nbout something and running wildly nbout, saying something I could not understand ; he held a handkerchief to his chin ; went to him and asked him whether he had not better uo home, nnd then insisted on Ills uoins away from the slope ; didn't know there whs anything serious In tlie altercation before I got there : then I went to Unl llett's ; was In there about three quarters oi an nour wnen airs, unnteto came run ning In In a falutlng condition; we gavt hera drink and when she came to BhI liett said. "Hornet, what in the wo-ld the matter t" She replied "My God, they have killed a man." We both went out nnd went over across the tracks, but could not see nnybody ; finally found him near the slope and sent over to the Italiau Quarters to take htm home: we nut him on a stretcher aud took him on an eli-ctric car to the Italian quarters; do not knev who the parties were who assaulted him: understood him to say that he would not go nway before he found the of a wdio kicked him; would die before he would go away; tue man was too much enraged for me to tell whether he was drunk or sober; Mrs. Balllett did not know who struck the man but heard the blow; it was then 20 minutes after t Italian was around the slope for an bou between first and second attacks. Gregory Crateraniboua sworn : Am boardluu boss. Bavnolo boarded In mv shanty; left shanty Sunday morning for Shenandoah to get shaved and see friends; next saw him when he was brought in nt U:i0; I asked him what had been the mat ter and ue said "Kioked by Americans:' nsked for the names but he oould not name them: afterwards tried to tret some thing out ot him, he could not answer; he was not oi a quarrelsome disposition; had been In the shanty over n year, and never hnd words with any man. Thomas Galvln sworn: Knew Frank isayuolo; saw him Sunday evening com ing to tue trestle where the orowd was thought be was drunk ; picked upasprai as he come to the laggings ; rau over an item it over ratricn wmtaKer: J was about HO to 40 yards from the poiut; saw Brenuan kick him ; the Italian and Bren nan sparred at each other, when Brennan kicked him: I think the Italian said. "You want fight ;" Brennan ran nway aim me its nan roiioweu mm with n sprag ; I grabbed the Italian and said, "Don't hit that boy ;" did not see him afterward that night. Patrick McGee sworn Live in Jacksons; knew Frank Baynolo since he came to Jacksons ; was at tho slopo that night, with James Tnhaney; Joseph Brndleyand James Ijtwler were there; saw William Brennan about 10 yards nway from us ; Some ono halloed "Macaroni" at tho Hnlian ; don't know who halloed at him; he picked up asprng; held it over Whlta ker: Brennan was with Whltaker; tho Italian ran to Brennan nfter he left Whltaker ; saw Brennan give the Italian a kick ; Brennan ran towards the slope ; the Italian followed ; Italian had a sprag in his hand when following Brennan ; nfter this I went to the Shennudonh pnrk with Bradley, Tnhaney nnd Lnwler ; left park again between !) nnd 10 o'clock; ho was standing up when we left for the nark ; don't know of any one striking him but Brennan ; hnd no words with the Italian ; on coming back from the park saw him on the stretcher. "T Six other witnesses were summoned and not present and the inquest ad journed until 7 o'clock Thursday night. NOTES ABOUT TOWN. Facts of Interest Grouped so That They May be Quickly Read. The practice of daubing buildings with qunck medicine advertisements should be discontinued. Tar nnd yellow ochre do not add Improvement to nppenrances. Mls Ella M. McGlnuiss, the milliner, Is about to retire from business and is not simply reducing her stock, as some sup pose. Street walkers have been quite numer ous of late. They put on n bold front and pcemto have no regard for respectable people. Proposals for making additions and al terations at the Union street school building are advertised for by the School Board. Plavlnc ball on the street Is another practice that should be stopped. Mnny roksn windows hnve been tlie result ot this pastime. Boys, get off the streets. Great dense clouds of smoke from a Pennsylvania Ballroad engine swept over thebusc ball grounds yesterday afternoon and caused a report that the new grnnd stand had been destroyed by fire. It seems strange thnt the practice of small boys lumping on and oil electrlo enrs cannot be stopped. It Is a regular thing and one need not be surprised to here of fatal endings to the dangerous sport. If the Board of Health promptly follows up Its decision to compel! people to clean up, or lace the consequences, it win earn the thanks of the community. The offen sive smelling and disease breeding gutters should he first attacked. Those of our property owners who hftVa had their buildings repainted showed good sense and added additional value to them. There are plenty of others, more able to do so, who are either too stingy to follow tho example, or do not know what beauty is. Judtrlnc from tlie freouent runawnvs there is hardly a horse In the town that can he trusted. Something must be wrong nnd It is quite likely that an In vestigation would show that the fault lies more In the drivers than the dumb beasts. The new- Ecan bulldluc makes an Im posing appearance and thnt corner will he the most conspicuous in town. It Is in grent contrast with the Hatlngton building on the nnnn.itp wirnpr. Annthpr story added to the latter building would make a great uiuerence. TnE CONTROLLER TROUBLE. Mr. Severn Addresses Another Letter to the Commissioners. The following letter was addressed to the County Commissioners on Tuesday : To the Commissioners ok Schuylkill Countv. Mv Deah SlliS: 1 have In my posses sion quite a number of bills nnd warrants in favor of claimants against the Schuyl kill countyprison for material and supplies lurnisueu during tue montu oi June. The bills as presented were approved by me on July 11th and prior to the decision of the Supreme Court at Philadelphia. The warrants, however, have not been signed by you as Commissioners nor approved or countersigned by me as "Controller." The claimants desire their money and in order that they may speedily he success ful, i peg leave to suggest tne delivery of the bills as approved by me, together with the unsigned warrants, for your final dis position. The existing circumstances are such, that while, I can still legally retain any nnd nil pnpers and documents in my possession, I have nodesiro to delay claims overdue, and would respectfully ask that you either allow my approval to the war rants under the date of which the bills -ere approved, 11th iust., or have the warrants cancelled, and new "Commis loner's" orders issued to cover the several amounts with my endorsement erased, You will kindly advise me as to your decision in this matter before 1 deliver to you part of the papers and documents in my possession as referred to heretofore, and I would ask the signatures ot the Commissioners, if my suggestions are considered favorably. In order that I will le relieved from any further consideration in this matter. My disposition is to protect and procure for the claimants nil due protection and also to facilitate matters now pending. Very respectfully yours, Benj. H. Severn, Controller. Pottsville, July 17. Special low prices to all in watches, Jewelry and silverware at Holderman's, oorner Main and Lloyd streets. Unknown Brands, from Unknown Millers,by Unknown Dealers Attract injudicious buyers only. We sell only Well-Known Brands At the. lowest price we have everfofTerad i 122 North Jardin St.
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