Freeland tribune. (Freeland, Pa.) 1888-1921, January 21, 1903, Image 1
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.