FREELAND TRIBUNE.
VOL XV. NO. 88.
Great Values
In men's and boys' Suits and
Overcoats. Men's and boys'
Clothing and gents' Furnishings of
this season's very best and newest
styles are offered you at absolutely
the lowest figures ever quoted.
Prices in most cases that barely
represent the cost of production.
Dry Goods,. Dress Goods, No.
tions, Ladies' Furnishings and
many other articles which will in
terest the women folks.
Foot Wear of all kinds for
women and girls and men and boys
at the lowest price. Every pair of
Shoes guaranteed for wear and fit.
This season's newest shapes and
styles.
JOHN SHIGO,
144 South Centre Street.
ORION STROH,
ATTORNEY AND COUNSELOR AT LAW
and
NOTARY PUBLIC.
Office: Rooms 1 and 2, Blrkbeck Brlok, Freeland
Mclaughlin,
ATTORN EY-AT-LAW.
Legal Bueineee of Any Demsription.
Brennan's Building, So. Centre St. Freeland.
J. O'DONNELL,
ATTORNEY-AT-LAW.
Campbell Building, - Freeland.
White Haven Office, Kane Building, Opposite
Foetoiiice; Tuesdays, Saturdays.
JOHN J. McBREARTY,
ATTORNEY-AT-LAW.
Legal Business of every description, Fire
Insurauce, and Conveyancing given prompt
attentiou.
McMenamin Building, South Centre Street.
>~pHOS. A. BUCKLEY,
JUSTICE OF THE PEACE.
All burineu given prompt attention.
Tribune Building. - • Main Street
£JR. N. MALEY,
DENTIST.
OVER BIKKBBCK'S STORE.
Booond Floor, - - Birkbeok Brick
S. E. HAYES,
FIRE INSURANCE AGENT.
Washington Street.
None but reliable oompanles represented.
Also agent for the celebrated high-grade
Pianos of Hazeltou Bros., New York oity.
JJR. S. 8 HESS,
DENTIST.
North Centre Street.
Bell Telephone.
Booond Floor, - P. O. S. of A. Building.
Wm. Wehrman,
WATCHMAKEE
Centre street, Freeland.
REPAIRING OF EVERY DESCRIPTION.
Geo. H. Hartman,
Meats and Green Tiock.
Freeh. Lard a Specialty.
Contre Street, near Central Hotel.
OTXJRiRryS
Groceries, Provisions,
Green Truck,
Dry Goods and Notions
are among the finest sold
in Freeland. Send a sam
ple order and try them.
E. J. Curry, Sooth Centre Street.
T. CAMPBELL,
dealer in
Dry Goods, Groceries,
Boots and Shoes.
Also
PURE WINES i LIQUORS
FOB FAMILY
AND MKDIOINAL PURPOBRB.
Centre and Main streets. Freeland.
-A.. OSWALD,
dea'er in
Dry Goods, Notions,
Groceries and Provisions.
FRESH ROLL AND
Creamery Batter Always in Stock.
Minnesota's Best
Patent Flour A Specialty.
EVERY ARTICLE GUARANTEED.
N. IF. Oor. Craft and Front BU., Freehand.
FREELAND, PA., WEDNESDAY, JANUARY 21, 1903.
WILL DECISION
ISJPPEALED
Birkbeck Contestants Take
Case to Higher Court.
Judge Freas' Opinion De
claring Second Will to be a
Valid Document Is Not Sat
isfactory to All the Heirs.
The opinion handed down by Judge
A. M. Freas in the orphans' court, in
which the second will of the late Joseph
Birkbeck, of Wilkesbarre, is declared to
be a valid document and by which the
petition of the contestants is dismissed,
Is not satisfactory to the contestants.
The attorneys for the latter have al
ready tiled their application to carry
the case to the state supreme court,
and from this it is surmised that the
contest will not be ended for some time.
The opinion rendered by Judge Freas
disposes, for the time being, of one of
the most important cases ever tried In
the orphans' court of Luzerne couoty,
and involves the disposition of an estate
worth between $350,000 and $400,000, a
very large part of which is located In
Freeland. The fact that a majority of
the contestants also reside here, and
that Freeland was the original home of
the testator, gives local interest to the
case.
Joseph Birkbeck wa9 a well known
resideut of Wiikesbarre, who died on
November 14, 1000, at the age of 69
years. During his life he was actively
engaged in business affairs and by his
thrift and good business sense succeed
ed in amassing considerable wealth,
which was held principally in stocks and
bonds. For years he was president of
the Freeland Water Company and the
Citizens' bank, besides being interested
in several other local enterprises and in
banks and establishments in his home
city.
Mr. Birkbeck wa9 married twice. His
first wife died in 1893 and lu February,
1895, he was married to the present Mrs.
Birkbeck, who was a widow and the
mother of one daughter. On the second
day after the last marriage Mr. Birk
beck made a will in which he bequeath
ed $20,000 to Mrs. Birkbeck, together
with the household furniture and the
bouse In which they lived, and $5,000 to
his stepdaughter, Elizabeth Wadswortb,
this provisiou for Mrs. Birkbeck being
in accordance with the terras of an ante
nuptial contract in which she waived
her dower rights and agreed to accept
the provision he should make for her In
his wHI.
The residue of the estate was left to
twenty-one nephews aud nieces In equal
shares In 1806 Mr. Birkbeck caused a
codocil to be attached to the will in
which an additional sum of $300,000 was
left to Mrs. Birkbeck.
On November 10, 1900, four days be
fore his death, Mr. Birkbeck executed
a new will in which ho left the sum of
SIOO,OOO, together with the house and
furniture, to his wife and directed that
at her death the same should go to
Elizabeth Wadswortb, his stepdaugh
ter. To each of his nephews aud nieces
he left the sum of SSOO. In the new will
the residuary clause was left blank
UIBCKL.L.ANKOUB ADVKKTIBKMKNTH.
NOTICE OF APPLICATION FOB CHAK
TEK.—In the Court of Common Picas of
Luzerne County, No , Term, 1903.
Notice is hereby given that an application
will be made to the court of common pleas of
Luzerne oouuty, or one of the luw judges
thereof, on Monday, Match 9, 1903. at 10
o'clock a. m., under tho act of assembly of the
commonwealth of Pennsylvania, entitled
'an ac to provide for the corporation and
regulation of certain corporations," approved
April 29, 1874, and the supplements thereto,
for the charter of an intended corporation to
be cnlled. tho Si. Peter and Sr.. Paul's Evan
gelical Lutheran Slavonian Church of Hazle
tou City, Penn'a," character aud object of
which we to worship Almighty God according
to the fab h. doctrine, discipline and us ige of
tne Evangelical Lutheran Church and in ac
cordance with the con u titutiou of the Evan
gelical Lutheran Church, and for this purpose
to have, possess ami enjoy all tie rights,
benefits and privileges, conferred by the said
act of assembly and its supplements.
Chas. Orion Stroh, Solicitor.
NOTICE.— The Democrats of Freehind bor
ough will hold primary elections in each
election district of tho borough oil Saturday,
January 24, 1903, from the hours of 4 to 7 p. m.
to eiecr, delegates to meet in convention at
Municipal hall, on Tuesday, January 27, 1903,
at 7.30 p. m., for the purpose of nominating
candidates f*r thorough offices; delegates will
also be elected at the same time with author
ity to nominate candidates for ward offices I
and candidates for district offices.
Hepresentation In the several conventions
shall be as follows: In borough convention,
three delegates from each Election district
aud one delegate from the borough at large.
In ward convention", three delegates from
each election district in ward. In district
conventions, three delegates from the district.
By order of the democratic committee of
Freeland borough. .....
John E. Moll ugh, Chuirmau.
H. G. Dcppe, Secretary.
T UZEKNE COUNTY, sa. In the Court of
1 j Common Picas. N'. 062, May Term, 1903.
Libel in Divorce. Hattle May Misner vs.
Frank A. Misner.
To Frank A. Misner: Take notioe that the
court has granted a final rule against you in
the above suit which will be heard in the said
court on Monday. Februury 9, 19U3, at 10
o'elock a. m., ou which day you may appear
and show cause, If any you have, why such
divorce should not be granted against you
Chas. Orion Strob, Solicitor.
and Mr. Birkbeck made no statement
of how he desired the balance of the
estate to be disposed of.
Both the first and last wills were
offered to Register of Wills Main war
ing for probate aud he decided that
the second will was the legal will and
admitted the same to probate.
The nephews and nieces, who were
the residuary heirs under the term 9 of
the first will, appealed from the decis
ion of the register. They alleged that
the second will had beeo obtained by
reason of undue influence having been
brought to bear upon Mr. Birkbeck and
also alleged that at the time the instru
ment was drawn up and signed the
deceased was not in his right mind aud
lacked testamentary capacity.
They asked that an issue be framed
and that a citation for a trial iu the
| civil courts be granted. The matter
accordingly came before the court and
several hearings were had and a great
mass of testimony was taken. The
hearings were warmly contested. The
widow was represented by H. A. Fuller.
S. J. Strauss was for the executor, 11.
W. Palmer for Mary Wadswortb and
John T. Lenahan and Charles Orion
Stroh for the contestants.
The opinion handed down by Judge
Freas is a formidable document and
covers twenty-five closely typewritten
pages. The court reviews all the evi
dence taken in the case and reviews
that portion of the evidence relating to
the mental and physical condition of
Mr. Birkbeck at the time the second
will was executed. The vital features
of the case and the law are also re
viewed at length.
Death of a Veteran.
Solomon Bittner, for many years a
resident of Jeddo, died at Rowsersville,
Franklin county, two weeks ago. Death
was due to an attack of la grippe, fol
lowed by paralysis. Had the deceased
lived until February 22 next he would
have been 73 years of age. Mr. Bittoer
was a resident of Jeddo from shortly
after the close of the Civil war to less
than two years ago.
Mr. Bittner had a most creditable war
record. In October, 1862, in response
to President Llocoln*s call for addition
al troops, he enlisted in Franklin county
for one year in Company E, 158 th
Penn'a Volunteer infantry. While in
service In North Carolina an epidemic
of scarlet fever swept over his homo
and carried off his wife and three chil
dren.
When his enlistment expired he re
turned to Franklin county, but shortly
afterward went back to the service and
served In Company D, Twenty-first
Penn'a cavalry. For gallantry in action
he was promoted to corporal, and on
the day of Lee's surrender at Appomat
tox he was chosen color-bearer of the
escort to General Phil Sheridan, a mark
of distinction awarded him by his su
perior officers for bravery.
After his discharge from the army he
located at Jeddo, where his second wife
preceded him in death less than two
years ago. He is survived by three
sons and two daughters.
The deceased was a man who had the
respect of all his acquaintances. He
was a devout member of the Primitive
Methodist Church and led an exemplary
life. The remains were interred at
Rowsersville, where his early life was
speut.
The Sick and Injured.
The friends of Tboiuas Mulhearn,
who recently removed his family from
Washington street to Philadelphia, will
regret to learn that he Is 111 with
typhoid fever In his new home.
Hugh Cunnloghaui, of Walnut street,
Is seriously 111.
James Moore Is ill at bis home on
Washington street.
James J. Maloy Is recovering from
his severe Illness.
James Qulnn, who was burned by an
explosion of gas In Highland mine, has
recovered sufficiently to be about again
and will resume work next week.
Wllke.barre and Hazleton Railway.
The following schedule has been ar
ranged and will remain In force until
further notice:
Until furthe.r notice cars leave corner
of llroad and Wyoming streets, Hazle
ton, via Lehigh Traction Company, for
St. Johns at li 30, 8.00, 11.00 a. ra., 12.00
noon, 1.00, 2 00 and 3.00 p. m.
Returning leave St. Johns for Hazle
ton at 7.10, 10.25, 11 30 a. m., 12.30, 1.30,
2.30 and 4.45 p. m.
Andrew F. Harger,
Gen. Pass, and Fght. Agent.
Employment for Fifty Girls.
Fifty girls can find remunerative em
ploy merit at the Freeland silk mill.
Applicants must be over 13 years of
age, and those between the ages of 13
and 10 must comply with factory law In
every respect. Apply at mill office on
ltlrkbeck street.
David Kennedys
Favorite Remedy
CURES AU KIDNEY, STOMACH
' AND LIVER TROUBLES.
POLITICAL.
Hazle township Democrats nominated
the following ticket yesterday:
Tax collector—Thomas Martin, Cran
berry.
Supervisors—James McLaughlin, Har
wood; Patrick McGill, Jeddo.
School directors —James Sweeney,
Hazleton; Peter Dougherty, Beaver
Brook.
Treasurer—Andrew Lazar, Stockton.
Clerk—William Parnelli, Hazleton.
Auditor—Owen McElwee, Harlelgh.
In another column John E Mcliugh,
chairman of the Democratic borough
committee, issues a call for the primar
ies and convention. The former will be
held Saturday evening and the delegates
elected will meet at the Municipal hall
Tuesday evening to nominate candi
dates for borough offices. The conven
tion will consist of nineteen delegates—
three from each of the six election dis
tricts and one delegate from the
borough-at-large.
William Heister, of Lansford, has
been nominated by the Democrats for
the three-year term of poor director.
Jaines V. McGill, of Lehigh township,
Carbon county, is the nominee for the
short term. The latter is opposed by
Frank White, of Weatherlv, who was
appointed by the board to fill the vacan
cy caused by Director Gangwere's
resignation.
The Republicans of Freeland will
nominate their candidates for borough
offices next Tuesday evening, which Is
the same date as that selected by the
Democrats.
Foster Democrats will nominate their
township ticket at Woodside school
house on Monday evening.
Poor Director Wilson Campbell, of
Mauch Chunk, has been renominated by
the Republicans.
ROUND THE REGION.
The business heart of the Providence
section of Scranton was devastated by
fire on Monday. The department stores
of the Ambrose Mulley estate and of
William Ch&pelle were burned to the
ground, with their contents, the loss to
each reaching SIOO,OOO. Adjacent build
ings partially destroyed brought the
total loss to $225,000.
The Delaware and Hudson Company
has agreed to adjust some of the griev
ances the conductors of freight, coal
and yard trains have been complaining I
about the past few years. Tho com
pany ha 9 also agreed to give an advance
in wages to all the conductors, except
passenger conductors, and to br&kemen
and yardmen.
John McMauaman, aged 25 years, who
served with the Ninth Pennsylvania reg
iment in the Spanish-American war
and at its close enlisted In the Twenty
first regiment of regulars, died at his
sister's homo In Nanticoke yesterday
from Illness contracted while in service
in the Philippines.
Lackawanna court has revoked the
licenses of P. H. Durkin, Thomas Johns
and Charles Moore, three of the leading
restauranteurs in Scranton,on the charge
of selling liquor on Sunday. The Muni
cipal League prosecuted the cases.
Berwick council has executed a five
year contract with the Berwick Electric
Company for street lighting. Arc light 9
are to be furnished at $75 per year, and
32-candle power incandescents at s2l
per year.
Several schools of Pittston township
which were closed a year ago on occount
of tho teachers' strike are again closed
because of the lack of coal.
Governor Inaugurated.
Governor Samuel W. Pennypacker
took the oath of office as governor of
Pennsylvania at Harrlsburg at noon
yesterday. The ceremouy took place
after a large parade of military and
civic organizations. The principal por
tion of the inaugural address was devot
ed to a recommendation that tho legls
ture shall curb the liberty of the press.
Yesterday afternoon the legislature in
joint session elected Boise Penrose to
succeed himself as United States seua
tor.
Amputated the Leg.
Albert Kobitsky, of Highland, while
on his way homo Monday afternoon from
Freeland, was struck midway between
the two towns by the -feehlgh Valley
passenger train due here at 4.45 o'clock.
The lujured man was placed ou board
the train and taken to the Miners hospi
tal, where it was found necessary to
amputate the right leg below the knee.
Mr. Kobitsky is a nephew of Mrs.
Charles Dusheck, of Washington street.
BIRTHS.
Gillespie.—To Mr. and Mrs. Francis
Gillespie, Coxe addition, a daughter.
Wehrman.—To Mr. and Mrs. William
Wehrman, a daughter.
LOCAL NOTES
WRITTEN UP
Short Items of Interest to
All Readers.
Happenings of the Past
Two Days in and Around
Freeland Recorded With
out Waste of Words.
A special trolley car conveyed the
Freeland members of the Fraternal
Order of Eagles to n&zleton last even
ing, whre they attended a smoker given
by Aerie 193, of that city. A fine pro
gram was rendered and the members
spent an enjoyable evening. Among
the members of the committee which
arranged the smoker were John C.
Boyle, Wilty Dougherty ana A1 Daubert,
of Freeland.
To provide accommodation for the In
creasing membership the Crescent Ath
letic Club has leased the rooms on the
third floor of the Birkbeck brick and
will remove there. The present quarters
of the club on the second floor of the
building are Inadequate. The new
home of the club was for several years
occupied by the Mining and Mechanical
Institute.
William Gillespie, a Drlfton miner,
was burned yesterday on the leg by a
stick of dynamite which he had placed
in his boot for safe-keeping. The pow
der became ignited in some unknown
manner and before It could be extracted
burned into the flesh. Had the dyna
mite exploded Mr. Gillespie would have
been blown to atoms.
"A Woman's Secret" is the title of a
comedy drama which will be presented
at tho Grand opera house on Saturday
evening. The company is meeting
with much success in Its tour and a fine
play well rendered is promised to all
who attend.
The great bankrupt sale at the Phila
delphia One-Price Clothing House will
continue only six more days.
Orders for Bell phones In their busi
ness places have been placed by B. C.
Laub&ch and H. C. Koons. When these
are in position the Freeland exchange
will have sixty-three telephones in ser
vice.
James McClaln, who conducted a tea
business here some years ago, was at
tacked and badly beateu near Philadel
phia On Saturday night. His Injuries
are reported to be serious.
The engagement of Stewart Borger,
of Allentown, and Miss Elizabeth Mac-
Farlane, of Drifton, has been an
nounced. The wedding will take place
next June.
The funeral of James Malloy, a form
er Freeland resident, was attended at
Warrior Run yesterday by several
friends from this part of the county.
Henry Bock, of Hazleton, and Miss
Henrietta Jackson, of Upper Lehigh,
were married today at the home of the
bride by Rev. J. W. Bischoff.
"Minnesota's Best" flour Is sold by A.
Oswald. There is none better made.
A three-year-old son of John Kronak,
of Jeddo, was scalded ya9terdav about
the head and arms by a pot of boiling
water falling upon him.
The regular quarterly meeting of the
Freeland Water Company was held this
afternoon. Only routine business was
transacted.
The remains of Andrew Keyock, who
died on Sunday at Sandy Run, were In
terred yesterday at Freeland cemetery.
State Game Warden ntigh Malloy
organized a game and fish protective
association at Hazleton Monday evening.
Another advance in the price of coal
sold to local consumers i 9 predicted at
some of the surrounding collieries.
Miss Kate Brennan, of Coxe addition,
loft today for New York city, whore
she will make hor future home.
John Ripple, of Front street, is at
Baltimore attending the funeral of his
mother, who died on Sunday.
The Calvary club, of Wilkesbarre,
and tho Crescents will play basket ball
at Krell's hall this evening.
Miss Ella Quinn, of Drlfton, entered
the Miners hospital as a nurse yester
day.
George 11. Hartman has purchased a
new horse for his delivery wagon.
Ice cream on sale at Merkt's.
PLEASURE.
February 7.—Hop of Young Men's
C. T. A. B. Corps at Krell's hall. Ad
mission, 25 cents.
February 15.—Entertainment under
auspices of Drifton Base Hall Club at
Grand opera house. Tickets, 15 and
25 cents.
TRI-WEEKLY
McMEN AMIN'S
South Centre Street
SUGGESTIONS THAT MAY
INTEREST YOU
The pith and point of every busi
ness is to sell goods, but the sell
ing must be right. Every article
shown you must bear tbe stamp of
honest value. Every dollar that
you spend in this store must be
given its fullest purchasing power;
else we are false to our trust.
We are keenly alive to all this,
and the confidence which you have
shown and are showing in our
progressive business methods will
never be abused with our sanction.
If it is at any time so abused we
want to know it.
Compare our goods with any
other and you will find the quali
ties fully up to your expectations,
the prices an agreeable surprise.
Just now we have some mid
winter bargains in all our depart
ments and we invite you to call
and share in them.
In Hats, Caps, Shoes, Rubbers,
Underwear and Neckwear we can
give you some very fine selections.
If you are not already supplied we
can save you money in the above
lines and give you quality at the
same time.
McMEN AMIN'S
South Centre Street
STATE NORMAL SCHOOL,
EAST STROUDSBURG, PA.
Regular State Normal Courses, and
Speoiul Departments of Music, Elocu
tion, AfFT Drawing, Stenography and
Typewriting; strong College Prepara
tory Department.
Free Tuition.
Boarding expenses $1.50 per week.
Pupils admitted at any time. Winter
Term opens Dec. 39th. Write for
catalogue.
E. L. KEMP, A. M., Prin, jj
DePIERRO - BEOS.
CAFE.
Corner of Centre and Front Streets*
Gibson, Dougherty, Kaufer Club,
Rosenbluth's Velvet, of which wo h ve
EXCLUSIVE SALE IN TOWN.
Uumm'i Extra Dry Champagne,
Hennessy Brandy, Blacaborry,
Gins, Wines, Clarets, Cordials, Kto.
Ham and tiehtoeitzer Cheese >Sandwiches,
Sardines, Etc.
MEALB - AT - ALL - HOURS
LAUBACH'S VIENNA BAKERY.
B. C. LAUBACH, Prop.
Choice Bread of All Kinds. Cakes, and Pas
try. Daily. Fancy and Novelty Cakes Baked
to Order.
CONFECTIONERY AND ICE CREAM
supplied to balls, parties or picnics, with
all necessary adjuncts, at shortest
notice and fairest prices.
Delivery and supply wagons to all parts of
town and surroundings every day.
GRAND OPERA HOUSE.
J. J. McMeuamin, Manager.
Saturday Evening, January 24.
The Comedy Drama,
"A Woman's
Secret."
A Delightful
TWENTIETH CENTURY PLAY
which will please every man, woman
and child who is so fortunate as to see it.
New Specialties,
Songs and Dances,
New Scenery.
Prices: 25, 35, 50c.
Seat* on sale at McMonnmln's store.
Th Lehigh Valley Railroad has re
considered its decision to tako oft the
early morning mall train from New
York and Philadelphia.