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\ • D ff 9 WEATHER INDICATIONS. , ■4. It IIW For the People of Plttston and \mr Vicinity. I • THE HOME PAPER . Forecast Until 8 p. m. Tomorrow for Eastern Pennsylvania. "p Fair tonight; Wednesday, fair andD warmer. ■ .jl v\'^°n r m r •4* ATiTi THE HOME NEWS. PITTSTON, PA., r 1MBER 26, 1905. '0 CENTS A COPY. t 'Y CENTS A MONTH, f 10 PAGES 56th YEAR. I dau-tkbs'». AT THE LYRIC. THE LAW ESTATE. so much of the Income aa might be necessary for their support, or where the legateo had power to consume the corpus and this privilege was abused. The case nearest ours in point is Davidson's Estate, 204 Pa., 379 but in that case the widow was "to have and enjoy the use of said personal property at will." We can reconcile this decision with Levy's Kstate, 153 tDa., 174, only by supposing that the words "at will" work a limitation of the widow's right to the income. In Levy's Estate the widow Is given an absolute estate of the whole Income of testator's residuary estate during her life, but in a subsequent clause testator provided that she should not dispose of any of the unv id portion of the income but thjit C--% same should remain for her support, and that any such unused portion should be considered part of his residuary estate. The court held that the widow took the income absolutely to do with as she pleased and awarded her administratrix the balance of the Income remaining unpaid during her lifetime. The language of Judge Penrose In disposing of Levy's Kstate .In court is pertinent hero: "It Is very certain that no power Is given to the executors to determine how much Is to be expended by the widow. All of the income Is to be paid to her. And, though she has suffered part of II to remain in their hands (and, hence, it is argued, she has herself determined the extent of her right to consume), how can it be said, as matter of law or matter of fact, that her so leaving It was not permissive, or that she did not require it, or that her estate Is not liable to third persons who have rendered services or supplied her with property for 'her use and benetit?' If the whole Income had been paid to her as the will directed, and deposited to her individual accnun' in bank, would any balance so deposited revest at her death in the estate of the testator? It is not material that she did not, as she might have done, draw the whole; and the accountants, in holding It, are, we think, to be regarded simply as her agents or bankers." 1 Dlst. Rep. 220. See also Kiddie's Appeal, 6fl Pa., 190. We conclude therefore that the failure of the widow to have set aside to her all the Income did not work an abandonment of It, and it passed at her death to her administrator.RAILROAD WRECK PITTSTON CASE IN JURY'S HANDS CARLTON GUILTY. CUBAN ELECTION. ■First Performnnee or the International Assault and Battery Charge Against Bigaihist Convicted on Four \Q Charges. Stock Co. Was Olven a Hearty Reception. Express Crashed Into a Lo Patrick Earicy Heard Tills Government Victorious In All Provinces. One of the largest audiences of the season gathered at the Lyric theater last evening to witness the performance of the International Stock Co., "Between and Duty." The audience was pleased and voclferoudly applauded when a situation went to their liking. The cftniedy parts, with which the play is frequently Interspersed. were received with an uproar of laughter. The play proved to be all that was claimed for it. It is an Interesting war drama In four acts, and the performance went without a hitch. Henry McRade was seen to good advantage as Capt. Buchannon, while Harry flav, as Captain Ralston, was just such a plotting, scheming conspirator as the creator of the role intended him to he. Miss McBeth had a charming role and filled it with rare grace and understanding of the exaction of the part. During the action of the play some excellent specialties were introduced by members of the company. The bill for this evening will be Theodore Kramer's four-act comedy-drama, "For Her Children's Important Opinion Rendered by Judge Freas. Morning'. cal Train. The assault and battery case In which Thomas McAndrew is prosecutor and Patrick Eariey defendant, was heard this morning In court. Both the prosecutor and defendant aire fron* this place, and numerous witnesses from this vicinity were called. The case went to the jury this afternoon. The prosecution was conducted by Attorneys Evan Jones and William H. Gillespie, and the defendant wan represented by James L. L~-nahan. I 5 KILLED, MANY HURT. PREST. PALMA WINS. PRISONER'S RECORD. EXCEPTIONS FAILED. Accident Was Caused by an Col. Ferrara Arrested for Revolutionary Addresses. He Offered No Testimony in Partial Account of J B. Law; Executor, Confirmed. Open Switch. His Own Defense. Notice. Philadelphia, Sept. 26.—A rear end collision between the eastbouud New York limited express from St. Louis and a local passenger train which was standing at the Paoll station of the Pennsylvania railroad, nineteen miles west of this city, resulted in the death of Jive men aud the injuring of more lhau twenty others. The annual meeting of the lot owners of the Pittston Cemetery Association for election of trustees, etc., will be held at the office of Thomas B. Lance & Co., Thursday evening, Oct. 5th, 1905, at 7:30 o'clock. Havana, Sept. 26.—Complete refnrna from the entire island show that In the elections throughout Cuba for members of election boards the supporters of he government were victorious in every province, not having lost one Important place. New York,-Sept. 20.—Almost without leaving Ills seat In the county court, Brooklyn, .lames C. McCandless, alias Frederick B. Carlton, Robert K. Rodriguez, Charles Walker and other names yet to be discovered, was tried on two Indictments and pleaded guilty to two others charging bigamy and was remanded until Friday for sentence on all four charges. It was remarkable evidence of tin* swift method of prosecuting a criminal of McCandless' character that is followed by District Attorney Clarke. Judge A. M. Freas, of the Luzerne Orphans' Court, today handed down an opinion in the estate of William Law, deceased, of this city. The judge decides In favor of the uecount of John B. Law. one of the executors of the estate, dismissing th'i exceptions to the same filed by Alexander Bryden. the other executor or me estate. The full text of the opinion is as follows: IT. OLIVER, President. ALEX. BRYDEX, Secretary. 28-6 New Athletic Grounds The victory was so complete that It is now generally admitted to mean the re-election In December of President Palma and the election of the vice presidential candidate, Mendez Capote, the leader of the Moderate party. The dead are: Frank A. Brastow, Haverford, general agent at Philadelphia of the Safety Oar Heating and Lighting company aud a distant relative by marriage of W. W. Atterhury, general manager of the Pennsylvania Railroad company; George M. Pennypacker, Philadelphia, foreman of car inspectors in the West Philadelphia yards; S. S. Walton, Altoona, Pa., steam heat inspector at the Altoona shops of the Pennsylvania railroad; Kichard Y. (Sal-land, Narberth, a suburb of tills city, general foreman of West Philadelphia shop of the Pennsylvania railroad, and Carl Dunhaur, a railroad employee. For base ball, football and other sports. Laurel Line Athletic Field. For full Information apply to B. F. Wyly, jr.', 'Traffic Manager, Scranton, Pa. 14-12 William Law, the testator, died 25th December, 1889, ''saving to survive him a widow, Catll t Liaw, who died April 17th, 19CV Dfd the following children: J of. ,i. Mrs. Jean Harkness, WrJ Elizabeth L. Bowman, Alexander! /. Law, Mrs. Anna L. Avord, Mis. /lame N. Teeter. Sake." LITTLE GIRL KILLED. Colonel Ferrara, secretary to Governor Gomez, the LlbeVal candidate for the presidency, has been arrested charged with seditious and revolutionary utterances. This makes the sixth charge now pending against him. the others Including participation In the burning of the city hall at Vuentas. Colonel,' ■* Ferrara is an Italian, but he Is a veteran of the last Cuban war anil one of the most prominent lawyers In Havana.ARTWELL COMMUTED. The prisoner stood trial on the Indictment charging that he married Mary Gorman, a Brooklyn girl, who died from tetanus In March last, when he had three other wives living. The conviction was reached without resistance from the defense, as no contradictory evidence was offered. After that conviction McCandless, or Carlton, as he is known In Brooklyn, pleaded guilty to the Indictment charging him with having married Mary Smytiie when he already had married WIUettH Bird and Lulu Kettering. Moving rapidly. District Attorney Clarke asked for the trial of the prisoner for grand larceny. He stood trial and was convicted. Distressing Accident Occur Testator and his Wife raised from childhood Mrs. Alexander Bryden who was never legally adopted, but who was made to share equally in his estate with his children under the seventh clause of his will, wherein he speaks of her as "my adopted daughter, Maggie." He named as his executors his son John B. Law and his nephew Alexander Bryden, who is the husband of his adopted daughter Maggie.Returned to Jail Without red at Nanticoke. Bail This Afternoon. Edna Green, Seven Years of Age. Was Crossing a Plane. When She Was Ca.cc Was H'Wl Before Alderman .5 Repor* hare just been brought to V Liberals from their adherents in CfrtNnfuegoa of the riots which resulted In the killing of Congressman Enriqtfe Vllluendas and Chief of Police Illance. This report put the blame on the Moderates for starting the disturbances. Caught by the Moving Hope, The Injured. lCj 'k in Wllliiesiinrrc—County De- aiul Dragged to the Sheave The fourth clause of the will is the one in dispute and reads as follows: "Fourth. All the rest and residue of my estate, real, personal and mixed 1 give, devise and bequeath to my wife Catherine during her natural life, and after her death 1 direct that my entire estate b? converted into money, the same to be divided among my children in equal shares; and to that end l do. hereby authorize and empower my said executors or the survivor of them to sell any and all of my estate, real, personal and mixed at either public or private sale In their discretion, at such price or prices and on such terms as they or he shall deem for the best interest of my estate, and to make, execute and deliver such deed or deeds of coUVf..# ance or other assurances in the* law as may be necessary or desirable to properly vest all my right, title and interest in the estate sold In the purchaser or purchasers thereof; and I further direct that such purchaser or purchasers shall not be liable to see to the application of the purchase money therefor." Among the injured are the following: Mrs. J. II. Voorhees, Haverforrt, Pa.; Mrs. A. C. Rlengier, New York; Miss E. K. Spangler, Merchantville, N. J.; Mrs. Clinton B. Eiak, New York; O. Milcntz, St. Louis; John Ford. Jersey City; J. Travis, Montelalr, N. J.; Mrs. Lamotte, St. Louis; C. O. Denoist. eight-year-old boy, St. Louis; D. E. Bolt, Dayton, O.; J, A. Flaline, M. C. Kadfield, Jersey City; fD. M. Ryan, Philadelphia, master mechanic in railroad shops, and M. K. Elliott, Philadelphia.tective Klfluml Jones Is I'ios- Wheel, Being Terribly ecutor—Prisoner Made a Mangled Sworn Statement I11 The county court was crowded, and there were twoscore of well gowned women (here who seemed to expect there would be offered the sort of testimony that is pleasant to the morbid minded. They were disappointed. When the name of McCandless was called the women stood up, betraying the purpose of their presence. They eyed the bigamist as he was taken from the stairs leading to the eells'to a seat in front of the Jury box. McCandless seemed to enjoy the situation and he smirked at his admirers to their evident excite- A strange fatality occurred last evening at No. 4 slope, of the Susquehanna Coal Co., in Nanticoke, the victim being Edna Ureen, aged seven years, daughter of Mr. and Mrs. Richard Green. AboiU 7- o'clock in the evening, after the men employryl at the slope had quit work and while the watchman was at another part of the colliery, the little girl was wandering about the place and tried to walk across a slope where a wire rope was moving on sheave wheels. In some manner the child, in passing, was caught by the rope, and was dragged along the track to a sheave wheel, where she was terribly mangled. The girl's cries were heard by an employe, also by Mrs. Green, who lived close by. The machinery was stopped as quickly as possible and the little girl's body released from between the wire rope and the sheave wheel, but her injuries were so serious that she died 15 minutes after being taken to her home. Cleveland. Additional reports from Cienfuegos received by the government say that tbi? ?hief leaders in the alleged dynamite plot were two Italian anarchists named Humberto Brunl Rove and Julio Gran, who have been making seditious speeches there and elsewhere for some time. James Artwell was given an aldermanlc hearing this afternoon and was committed to the county jail without ball "to await trial on the charge of having murdered Vincent Conti in Yatesvllle the night of Aug. tf last. The hearing was held In Wllkesbarre before Alderman Pollock. County Detective Jones appeared as prosecutor. The hearing developed very little beyond the fact that Artwell has told his story, to the police. This was gleaned from the evidence of Chief of Police Loftus, who went to Clpve'an,i' O., to secure the defendant after he had been arrested I11 that city. He was sworn In the case and testified that Artwell had told the story of the shooting, which had been transcribed and that tho ortsoner had sworn to and signed ithe document. The story of Artwell But even 011 its merits, admitting the witnesses railed by Bryden to bo competent and even excluding those called by Law, we do not think a «ift or abandonment has been shown. The widow could have demanded all the unused Income at any time during her lite, as she Jlfrver placed it. beyond her T« constitute a valid gift r vivos S is essential that It shall taiw,-,effect 'presently and be 110 longer undOT the control or ownership of the donor. A mere Intention of purpose to give not executed is ineffective. It seems that several Df the witnesses urged the-wHow t* certain trips and she gave as her reason for not going "she wanted to leave the money I11 the estate, didn't want to take it out." "I would like to go but I do not feel as If 1 want to take the moti-' ey, and I am very happy here, and I don't want to take the money out of the estate;" "I have all I wish to get, ail 1 want, and 1 want to leave the money In the estate for my children." Perfect order continues to prevail throughout the island. ' All those who met death were in the private car of General Manager Atterbury, which was attached to the rear of the local train. Mr. Atterbury is on his vacation in Maine. He expected to return about Oct, 1, and his car had been overhauled preparatory to sending it to Maine to bring him home. It was sent out in the forenoon for a test run and was attached to a local train from Pa oil for tills city. I11 the car at the time of the collision were about a dozen who had been engaged iu overhauling the car. EIC*HT LOCAL CASES. ment. Jury Selected With Speed. The struck an attitude as he flung carelessly into a chair besidejpB counsel, John 8., Bennett. Attorney Clarke moved the """" frifii of Indictment in which the name of the last wife, Mary Gorman, was mentioned. The prisoner's lawyer interposed no objection and the Jury was selected with speed. The district, attorney made a brief speech covering the evidence in skeleton. The evidence was presented and there was neither cross examination nor testimony offered by the defense. McCandless was willing to admit the marriage to Mary Gorman and also to Wllletta Bird. Miss Bird, who is a companion and u governess' also, is a tall, graceful woman of thirty, and in court she wore « black silk dress. She told of having ad vertised for a position as companion and of a call in response to it by Mrs McCahe of Westbrook. N. J. She inel McCandless, who was living as Charles Parker, when she was in Mrs. Me Cabe's employ. He offered marriage and she accepted one month after thej met. There was a ceremony performed In New Jersey, but before the gir went to live with him she found his name was assumed. Then she Insisted upon another marriage under his rea name, and that ceremony was per formed in the home of the Rev. Ellas Quick, 725 Greenwich street, Manhat tan. The witness said she lived witl McCandless only a few weeks, but she did not tell why she had left him. Will be Tried Tomorrow ill Wllkes- barre—Clilef Loftus Prosecu- tor I11 All. Right police cases from this 1 clt.y are on the Luzerne county trial ll3t for tomorrow. Six of these are for carrying concealed weapons and two are for conducting speakeasies. The defendants In the latter cases are "Mike" Stravinsky and an Italian named Tossolino. Stravinsky's place was raided several times and that of Tossolino once. In the house of the latter were found the six men who will be tried on the concealed weapon charges. They are all Italians. On the concealed weapons charge the police have the revolvers carried by the men. These weapons are all of standard make and each one of them probably cost at least $5 when new. One of the revolvers has a pearl handle. was not asked for or produced. Neither of the two men who witnessed the shooting were sworn. After hearing the evidence Artwell was committed to jail without ball. He was represented at the hearing by Attorney Mose Salsburg. It is the contention of one executor. Bryden, and several of the children, (hat under this clause all the income Of the estate not consumed by the widow in her lifetime became u part of the estate of her husband and did not puss to her administrator at her death. They further contend that if the widow under the terms of the clause quoted took the income absolutely she by Rift or abandonment parted with all the unused income to the husband's estate. The other executor. Law, and the other children contend thut the clause Quoted Rives the income of the entire estate to the widow and at her death the unused portion passed to her administrator, [jaw, in accordance with his contention, tiled a partial account January 21st, 1804, as executor of the husband's estate, which excludes the Income. Bryden filed a partial account on February 26th, 1904 embracing the entire administration of the busband's estate and Including the Income which had accrued during the lifetime of the widow. To both these accounts exceptions have been tiled. The effect in the different contentions Plowed Ten Feet Into Car, OBITUARY. Pnoli is the terminus of the Pennsylvania railroad's suburban traffic 011 the main line, and a large yard is loon ted there for the storage of ears and engines. The local train was made up In the yard on the north side of the railroad and switched across to the easthound track No. 1 on the south side and came to a stop at the station. Hefore the switches could he set the New York limited came along at moderate speed on the No. 2 eastbound track, took the cross over switch and crashed into the local train. Mrs. Alexander Nicholson. Great sorrow was occasioned this morning among the friends of Mrs. Mary Ann Nicholson, wife of Alexander B. Nicholson, by the announcement of her death, which occurred at midnight in the rittston hospital. Mrs. Nicholson's last illness was of very short duration. Last Wednesday she was suddenly attacked with appendicitis. On the following day she was removed to the hospital, where an operation was performed soon after she was received. Her constitution was not strong enough to withstand the shock of the operation and she passed away, the immediate cause of death being heart failure. The re-, mains were removed to the family home, 409 Delaware avenue. Mrs. Nicholson was aged 29 years and 15 days, and she had been u resident of West rittston all her life. She was a woman of most estimable character and was possessed of beautiful disposition that attracted to her a wide circle of neighbors and friends. There was great sorrow occasioned among those who knew her on account of her most untimely death. She was a These expressions may have several meanings, and they are not inconsistent with the idea that she Intended the unused Income to go to her administrator for her children. We do not think this testimony as clear and convincing as is necessary to sustain an alleged parol gift. Nor can this be sustained as a valid donatio mortis causa, for it is essential that the gift should have been made in apprehension of death, and these expressions were used several years before her last illness. FINANCIAL ANID COMMERCIAL. New York Stock Markets, furnished by M. S. Jordan & Co., stock brokers, Miners' Bank Building. New York, Sept. 26, 1905. High. Low. Close. 139 % 138% 139% 36 C4 35 D/j 36% Am Sugar . . Am Car & F ADDITIONAL Am Ijoco Amal CopfDor Atchison com Atchison pfd B. R. T. . . . B. & O. . . . 83 % 90 % 53% 52% 81 % 89% 83% 90 % 53 % The force of the collision was so great that the engine of the limited plowed ten feet into the private car and the latter was forced halfway through the day coach ahead. WEST SIDE 105 69% 72% 112 174 % 105 Have you tried some fresh "Creso" crackers? They say that Is merely new name for an old friend. At any rate, it Is the best biscuit made and our town can well be proud of it. We do not think the widoMU fver clearly understood her riglitj# ailder her husband's will. Both 0/ ne executors part of the time, and one of them, Bryden, all the time, treated her as though she was only entitled to a living out of tlie estate and not to the entire income. The purchase of the Broad street property throws mere light upon the condition of affairs than any other incident. The property was purchased in her name and thu executor.! sought to have her deed it over to them as part of her husband's estate, and notwithstanding the many statements attributed to her of her intention to do so it Is significant that she never did convey It. There was never any agreement among these parties amounting to a family settlement, and we can find nothing in the evidence which would prove an abandonment by the widow of her estate. We therefore think John B. Uw correctly omitted any mention of income In his account, as it belongs to the widow's administrators.72% 112 % 174% 111 % 173% 58% Can Pacific At the time of the accident there were less than a half dozen passengers in the local train, and they were in Ihe forward cars, which were not damaged. The engineer and fireman of the limited w6re not hurt, but a dozen persons on this train were injured by being thrown against seats and the sides of the cars. Ches & Ohio St Paul . . . C. F. 1 Erie 181% 44% 50% 180% 154% 126k 105% 24 % 150 % 57 ' 180% 43% 181 % 44% 50% RUNNER KILLED u & D 111 Central 180 153% 180% 154% 126 is, that under Bryden's theory the adopted daughter Maggie will share in the distribution of the income under the husband's will; whereas if the income is found to belong to the widow's administrator she will not share under the intestate laws In the widow's estate. These executors managed the estate during the lifetime of the widow and paid hor such portions of the Income as she asked for. The total income during the widow's lifetime was $52,400.34, of which sum $14,797.44 were expended in her behalf, and the balance $37,602.90 was allowed to remain in the hands of the executors, who treated it precisely as they did the corpus of the estate and reinvested It, keeping It under their control as executors. The immediate question befotc us is whether this balance of $3?kfl2.90 belongs to the estate of Law or Catherine Law. Met St Ky Mo. Pacific Mex Central N. Y. Central Norf & West Out & West Pennsylvania 124% Martin Barrett, of Putnam street. North Scranton, employed as a runner in the North End Coal Co.'s mine, was crushed to death this morning by a fall of rock. 104% 23k 149% 84% 63% 105% 23% 150 85 54 % Four of those who lost their lives were killed almost instantly. The tifth man, Richard Garland, died In the University hospital in this city. 85% 54 % 143% 103% 122% 33 k 68% 37% One Ballot Enough faithful member of the West Ptttston Congregational church. Her husband and four small children survive, also her mother, Mrs. Jane Harris-Morgan, of British Columbia; one sister, Mrs. Daniel R. Williams, of Plttston, and two brothers. John Harris, of Wyoming state, and Thomas Harris, of Macon, Cla. The time of the funeral will be announced later. 143% 103% Sceen Doors, Windows, Screen Wire at Ash's. Mrs. Gorman was then called to tes tlfy as to the marriage of her daujchtei Mary. As she recalled the clrctim stances of her girl's death in the Lonf Island College hospital in March lasl the witness almost collapsed. It waD through statements this witness madC to Coroner Flaherty that McCindlesa who as Frederick E. Carlton marriec the Gorman girl, was suspected ol causing the woman's death. That clos ed the testimony, and the case was given to the jury. After Just tiin« enough in the jury room to take out hnllot the jury returned to eourt wltt the verdict of guilty. Then the prison er's counsel ottered to plead guilty tc another Indictment for bigamy. Peo G«'is Rock Island So Pacific Reading 33% 68 37% 132% 38 104% 122% CONCRETING STARTED. FILL SHQW1C OF GOODS f AT j lapel So Rwy com . Union Pacific U. S. . Steel . U. S. Steel pfd Wlork of Laying Brick 011 Broad Street 38 105 22 % 42% 132% Pave Will Likely lie Commenced Next Week. Wabash 22% SPECIAL NOTICES. The work of laying the concrete on Broad street, preparatory to placing the new brick pave, started this morning. The concrete is six inches thick. It is being mixed by hand, about a Wabash pfd SOCIETY EMBLEMS. We make a feature of keeping a In disposing of the exceptions tiled to the account of John B. h aw it is to be remembered that his is only a partial account, and that omissions are not the subject of exception, as whatever is omitted may hereafter be- accounted for. The accountant accounts for the estate as it existed at the death of the testator and omits all income, and the investments of the same accruing during the lifetime of the widow. All the many exceptions filed relate to this income, which wp hold is properly withheld from this account, except tiie proceeds from certain real estate and some Ithaca street railway bonds. No mention of these is made by the accountant and the omission is not now the subject of exception. We prefer to consider the Questions raised as to the good faith of the executor in making investments when these questions are brought up by exceptions to the final accounts in the proper estates. We therefore dismiss the exceptions tiled by Alexander Bryden and by J. N. Anderson, attorney for Margaret L, Bryden, ct. al. Fall Footwear Hie large stock of emblems for the various fraternal and religious organizations. dozen men being employed in mixing and setting it. It is being 1 laced on only one side of the street, v lch will be completed, including the h ks, before the other side is toueV , Mr. Dunn, a member of the co\irtractlng firm, said morning that he expects the first consignment of bricks to reach here next Monday. arid take pleasure In showing the line For Men audi Women We have then before us two separate accounts of executors each of which claims to give a full account of the administration of the estate of testator up to the death of his widow. It Is held in Fleming's Estate, 32 Pitts. Leg. Jour 4 39, N. S.. that where executors differ as to what should be Included in an account which purports to be a full accounting for the time specified the proper practice is to raise the disputed questions by exceptions to the account first tiled and not by filing another account. We think this the proper practice, and we therefore recognize the account of John B. lCaw as the basis of settlement and the account of Alexander Bryden must be stricken from the record. 1 Lot cotton batting, special value If you are a member of any society and The three standards. When his pedigree was being taken the court clerk mechanically asked McCandless if he was married or sin gle. The prisoner's small black eyes twinkled with merriment as he sale loudly, "I guess I am married." Tlx courtroom burst into a guffaw, it which Judge Asplnwall Joined. wish to purchase a pin or fob, see my Double cotton blankets, full size. 60c. display 1TLE Elk and Elk buttons, fobs and pins, 1 Lot Infants' all wool shirts, worth 26c and 48c, while they las. *0c. Just received a new assortment AR LEWIS, THE JEWELER, weafc, PttDu ffluiu who have trouble in getting about, will be strengthened if you rub the little backs and legs once or twice a day with Dr. RICHTER'S An&nr Pain Expeller A greak burden is lifted from mother's mind when this good old remedy makes their children lively and strong. Don't be deceived by counterfeits. The anchor, our trade mark, is on every bottle of the genuine. Sold by all druggists, 25 and 50 cents. F. Ad. RICHTER A CO. 215 Pearl Street, New York. Full line of pillow shanks and stand covers from 26c. , N. Main, opp. William St Theu District Attorney Clarke mover trial on the Indictment for grand lar ceuy, In which Henry 3. B. Hclutub al leges McCandless robbed him of $7CX In the Hotel ft. George on July 3 last Both men registered under assumer names to carry out a "renl estate deal,' Schaub says, and MeCandless took tlx money after they had several drinks A conviction was had without any de lay, the defense permitting the testl mony of the prosecution tot go uncon tradlcted. C Children's dresses from 25c. FALL HOUSE CLEANING TIME 1 Lot boys' 60c madrld shirts 25c. may remind you of your Intention to purchase a new carpet, rug or matting. Oiled opaque window shades, tha 26c quality, only 19c. Along this line, we wish to direct your 3.50 Full line of comfortables at 'special prices. attention to our carpet department. Xn support of the different contentions the children of the deceased husband and his deceased wife and the husbands and wives of some of the children were called. We think all of them are disqualified as witnesses under the ruling In Crosettl's Estate, 211 Pa. 4 92. We accordingly note an exception for the proper parties. There Is therefore no evidence to support a gift or abandonment. Carpets are one of our leading special- Hosiery and Underwear reasonable prices. very tics—that Is, good carpets. We han- dle no other kind. If your parlor or bed room Is worth having a carpet It's And, now 25th September, 1905, the exceptions filed to the first partial account of John B. Law, one of tiie executors of William Law, deceased, are dismissed, and the said account is confirmed absolutely. » Magnet After that McCandless liacl time tc get his supper and at 8 o'clock lasi night was arraigned on the third In dictment for bigamy, which (charge* him with having married Lulu\Ketter Ing of Syractlne when two other wlvet were living. The swiftness of the proa ecutlon was too much for the blgamout no Idler, and he pleaded guilty, avoidtaj the third trial. \ Dougless Shoes for Men $J.OO to worth having a good one. When you hear a woman say. "thete's a carpet 1 $5.00 bought several years ago and It's wear- We think It clear that under the fourth clause of the will above quoted the widow took absolutely and without limitation all the Income of the estate to do with as she wished. All the casfts cited by counsel for Bryden are where the legatees were given only Ing fine." you can depend It was pur- Managers of Atlilctlc Teams Can engage dates at the Laurel Line Athletic Field by applying to B. F. Wyly, jr., Traffic Manager, Scranton, Pa. 14-12 Boston Shoe Store, 37 8. HAIR IT. chased at our store. Exclusive new fall patterns now In stock. 79 R Maim St., PitSstoB. PITT8T0N. WILLIAMS & CO., 88 N. Main St, t:
Object Description
Title | Pittston Gazette |
Masthead | Pittston Gazette, September 26, 1905 |
Subject | Pittston Gazette newspaper |
Description | The collection contains the archive of the Pittston Gazette, a northeastern Pennsylvania newspaper published from 1850 through 1965. This archive spans 1850-1907 and is significant to genealogists and historians focused on northeastern Pennsylvania. |
Publisher | Pittston Gazette |
Physical Description | microfilm |
Date | 1905-09-26 |
Location Covered | United States; Pennsylvania; Luzerne County; Pittston |
Type | Text |
Original Format | newspaper |
Digital Format | image/tiff |
Language | English |
Rights | http://rightsstatements.org/vocab/NoC-US/1.0/ |
Contact | For information on source and images, contact the West Pittston Public Library, 200 Exeter Ave, West Pittston, PA 18643. Phone: (570) 654-9847. Email: wplibrary@luzernelibraries.org |
Contributing Institution | West Pittston Public Library |
Sponsorship | This Digital Object is provided in a collection that is included in POWER Library: Pennsylvania Photos and Documents, which is funded by the Office of Commonwealth Libraries of Pennsylvania/Pennsylvania Department of Education. |
Description
Title | Pittston Gazette |
Masthead | Pittston Gazette, September 26, 1905 |
Subject | Pittston Gazette newspaper |
Description | The collection contains the archive of the Pittston Gazette, a northeastern Pennsylvania newspaper published from 1850 through 1965. This archive spans 1850-1907 and is significant to genealogists and historians focused on northeastern Pennsylvania. |
Publisher | Pittston Gazette |
Physical Description | microfilm |
Date | 1905-09-26 |
Location Covered | United States; Pennsylvania; Luzerne County; Pittston |
Type | Text |
Original Format | newspaper |
Digital Format | image/tiff |
Identifier | PGZ_19050926_001.tif |
Language | English |
Rights | http://rightsstatements.org/vocab/NoC-US/1.0/ |
Contact | For information on source and images, contact the West Pittston Public Library, 200 Exeter Ave, West Pittston, PA 18643. Phone: (570) 654-9847. Email: wplibrary@luzernelibraries.org |
Contributing Institution | West Pittston Public Library |
Sponsorship | This Digital Object is provided in a collection that is included in POWER Library: Pennsylvania Photos and Documents, which is funded by the Office of Commonwealth Libraries of Pennsylvania/Pennsylvania Department of Education. |
Full Text | \ • D ff 9 WEATHER INDICATIONS. , ■4. It IIW For the People of Plttston and \mr Vicinity. I • THE HOME PAPER . Forecast Until 8 p. m. Tomorrow for Eastern Pennsylvania. "p Fair tonight; Wednesday, fair andD warmer. ■ .jl v\'^°n r m r •4* ATiTi THE HOME NEWS. PITTSTON, PA., r 1MBER 26, 1905. '0 CENTS A COPY. t 'Y CENTS A MONTH, f 10 PAGES 56th YEAR. I dau-tkbs'». AT THE LYRIC. THE LAW ESTATE. so much of the Income aa might be necessary for their support, or where the legateo had power to consume the corpus and this privilege was abused. The case nearest ours in point is Davidson's Estate, 204 Pa., 379 but in that case the widow was "to have and enjoy the use of said personal property at will." We can reconcile this decision with Levy's Kstate, 153 tDa., 174, only by supposing that the words "at will" work a limitation of the widow's right to the income. In Levy's Estate the widow Is given an absolute estate of the whole Income of testator's residuary estate during her life, but in a subsequent clause testator provided that she should not dispose of any of the unv id portion of the income but thjit C--% same should remain for her support, and that any such unused portion should be considered part of his residuary estate. The court held that the widow took the income absolutely to do with as she pleased and awarded her administratrix the balance of the Income remaining unpaid during her lifetime. The language of Judge Penrose In disposing of Levy's Kstate .In court is pertinent hero: "It Is very certain that no power Is given to the executors to determine how much Is to be expended by the widow. All of the income Is to be paid to her. And, though she has suffered part of II to remain in their hands (and, hence, it is argued, she has herself determined the extent of her right to consume), how can it be said, as matter of law or matter of fact, that her so leaving It was not permissive, or that she did not require it, or that her estate Is not liable to third persons who have rendered services or supplied her with property for 'her use and benetit?' If the whole Income had been paid to her as the will directed, and deposited to her individual accnun' in bank, would any balance so deposited revest at her death in the estate of the testator? It is not material that she did not, as she might have done, draw the whole; and the accountants, in holding It, are, we think, to be regarded simply as her agents or bankers." 1 Dlst. Rep. 220. See also Kiddie's Appeal, 6fl Pa., 190. We conclude therefore that the failure of the widow to have set aside to her all the Income did not work an abandonment of It, and it passed at her death to her administrator.RAILROAD WRECK PITTSTON CASE IN JURY'S HANDS CARLTON GUILTY. CUBAN ELECTION. ■First Performnnee or the International Assault and Battery Charge Against Bigaihist Convicted on Four \Q Charges. Stock Co. Was Olven a Hearty Reception. Express Crashed Into a Lo Patrick Earicy Heard Tills Government Victorious In All Provinces. One of the largest audiences of the season gathered at the Lyric theater last evening to witness the performance of the International Stock Co., "Between and Duty." The audience was pleased and voclferoudly applauded when a situation went to their liking. The cftniedy parts, with which the play is frequently Interspersed. were received with an uproar of laughter. The play proved to be all that was claimed for it. It is an Interesting war drama In four acts, and the performance went without a hitch. Henry McRade was seen to good advantage as Capt. Buchannon, while Harry flav, as Captain Ralston, was just such a plotting, scheming conspirator as the creator of the role intended him to he. Miss McBeth had a charming role and filled it with rare grace and understanding of the exaction of the part. During the action of the play some excellent specialties were introduced by members of the company. The bill for this evening will be Theodore Kramer's four-act comedy-drama, "For Her Children's Important Opinion Rendered by Judge Freas. Morning'. cal Train. The assault and battery case In which Thomas McAndrew is prosecutor and Patrick Eariey defendant, was heard this morning In court. Both the prosecutor and defendant aire fron* this place, and numerous witnesses from this vicinity were called. The case went to the jury this afternoon. The prosecution was conducted by Attorneys Evan Jones and William H. Gillespie, and the defendant wan represented by James L. L~-nahan. I 5 KILLED, MANY HURT. PREST. PALMA WINS. PRISONER'S RECORD. EXCEPTIONS FAILED. Accident Was Caused by an Col. Ferrara Arrested for Revolutionary Addresses. He Offered No Testimony in Partial Account of J B. Law; Executor, Confirmed. Open Switch. His Own Defense. Notice. Philadelphia, Sept. 26.—A rear end collision between the eastbouud New York limited express from St. Louis and a local passenger train which was standing at the Paoll station of the Pennsylvania railroad, nineteen miles west of this city, resulted in the death of Jive men aud the injuring of more lhau twenty others. The annual meeting of the lot owners of the Pittston Cemetery Association for election of trustees, etc., will be held at the office of Thomas B. Lance & Co., Thursday evening, Oct. 5th, 1905, at 7:30 o'clock. Havana, Sept. 26.—Complete refnrna from the entire island show that In the elections throughout Cuba for members of election boards the supporters of he government were victorious in every province, not having lost one Important place. New York,-Sept. 20.—Almost without leaving Ills seat In the county court, Brooklyn, .lames C. McCandless, alias Frederick B. Carlton, Robert K. Rodriguez, Charles Walker and other names yet to be discovered, was tried on two Indictments and pleaded guilty to two others charging bigamy and was remanded until Friday for sentence on all four charges. It was remarkable evidence of tin* swift method of prosecuting a criminal of McCandless' character that is followed by District Attorney Clarke. Judge A. M. Freas, of the Luzerne Orphans' Court, today handed down an opinion in the estate of William Law, deceased, of this city. The judge decides In favor of the uecount of John B. Law. one of the executors of the estate, dismissing th'i exceptions to the same filed by Alexander Bryden. the other executor or me estate. The full text of the opinion is as follows: IT. OLIVER, President. ALEX. BRYDEX, Secretary. 28-6 New Athletic Grounds The victory was so complete that It is now generally admitted to mean the re-election In December of President Palma and the election of the vice presidential candidate, Mendez Capote, the leader of the Moderate party. The dead are: Frank A. Brastow, Haverford, general agent at Philadelphia of the Safety Oar Heating and Lighting company aud a distant relative by marriage of W. W. Atterhury, general manager of the Pennsylvania Railroad company; George M. Pennypacker, Philadelphia, foreman of car inspectors in the West Philadelphia yards; S. S. Walton, Altoona, Pa., steam heat inspector at the Altoona shops of the Pennsylvania railroad; Kichard Y. (Sal-land, Narberth, a suburb of tills city, general foreman of West Philadelphia shop of the Pennsylvania railroad, and Carl Dunhaur, a railroad employee. For base ball, football and other sports. Laurel Line Athletic Field. For full Information apply to B. F. Wyly, jr.', 'Traffic Manager, Scranton, Pa. 14-12 William Law, the testator, died 25th December, 1889, ''saving to survive him a widow, Catll t Liaw, who died April 17th, 19CV Dfd the following children: J of. ,i. Mrs. Jean Harkness, WrJ Elizabeth L. Bowman, Alexander! /. Law, Mrs. Anna L. Avord, Mis. /lame N. Teeter. Sake." LITTLE GIRL KILLED. Colonel Ferrara, secretary to Governor Gomez, the LlbeVal candidate for the presidency, has been arrested charged with seditious and revolutionary utterances. This makes the sixth charge now pending against him. the others Including participation In the burning of the city hall at Vuentas. Colonel,' ■* Ferrara is an Italian, but he Is a veteran of the last Cuban war anil one of the most prominent lawyers In Havana.ARTWELL COMMUTED. The prisoner stood trial on the Indictment charging that he married Mary Gorman, a Brooklyn girl, who died from tetanus In March last, when he had three other wives living. The conviction was reached without resistance from the defense, as no contradictory evidence was offered. After that conviction McCandless, or Carlton, as he is known In Brooklyn, pleaded guilty to the Indictment charging him with having married Mary Smytiie when he already had married WIUettH Bird and Lulu Kettering. Moving rapidly. District Attorney Clarke asked for the trial of the prisoner for grand larceny. He stood trial and was convicted. Distressing Accident Occur Testator and his Wife raised from childhood Mrs. Alexander Bryden who was never legally adopted, but who was made to share equally in his estate with his children under the seventh clause of his will, wherein he speaks of her as "my adopted daughter, Maggie." He named as his executors his son John B. Law and his nephew Alexander Bryden, who is the husband of his adopted daughter Maggie.Returned to Jail Without red at Nanticoke. Bail This Afternoon. Edna Green, Seven Years of Age. Was Crossing a Plane. When She Was Ca.cc Was H'Wl Before Alderman .5 Repor* hare just been brought to V Liberals from their adherents in CfrtNnfuegoa of the riots which resulted In the killing of Congressman Enriqtfe Vllluendas and Chief of Police Illance. This report put the blame on the Moderates for starting the disturbances. Caught by the Moving Hope, The Injured. lCj 'k in Wllliiesiinrrc—County De- aiul Dragged to the Sheave The fourth clause of the will is the one in dispute and reads as follows: "Fourth. All the rest and residue of my estate, real, personal and mixed 1 give, devise and bequeath to my wife Catherine during her natural life, and after her death 1 direct that my entire estate b? converted into money, the same to be divided among my children in equal shares; and to that end l do. hereby authorize and empower my said executors or the survivor of them to sell any and all of my estate, real, personal and mixed at either public or private sale In their discretion, at such price or prices and on such terms as they or he shall deem for the best interest of my estate, and to make, execute and deliver such deed or deeds of coUVf..# ance or other assurances in the* law as may be necessary or desirable to properly vest all my right, title and interest in the estate sold In the purchaser or purchasers thereof; and I further direct that such purchaser or purchasers shall not be liable to see to the application of the purchase money therefor." Among the injured are the following: Mrs. J. II. Voorhees, Haverforrt, Pa.; Mrs. A. C. Rlengier, New York; Miss E. K. Spangler, Merchantville, N. J.; Mrs. Clinton B. Eiak, New York; O. Milcntz, St. Louis; John Ford. Jersey City; J. Travis, Montelalr, N. J.; Mrs. Lamotte, St. Louis; C. O. Denoist. eight-year-old boy, St. Louis; D. E. Bolt, Dayton, O.; J, A. Flaline, M. C. Kadfield, Jersey City; fD. M. Ryan, Philadelphia, master mechanic in railroad shops, and M. K. Elliott, Philadelphia.tective Klfluml Jones Is I'ios- Wheel, Being Terribly ecutor—Prisoner Made a Mangled Sworn Statement I11 The county court was crowded, and there were twoscore of well gowned women (here who seemed to expect there would be offered the sort of testimony that is pleasant to the morbid minded. They were disappointed. When the name of McCandless was called the women stood up, betraying the purpose of their presence. They eyed the bigamist as he was taken from the stairs leading to the eells'to a seat in front of the Jury box. McCandless seemed to enjoy the situation and he smirked at his admirers to their evident excite- A strange fatality occurred last evening at No. 4 slope, of the Susquehanna Coal Co., in Nanticoke, the victim being Edna Ureen, aged seven years, daughter of Mr. and Mrs. Richard Green. AboiU 7- o'clock in the evening, after the men employryl at the slope had quit work and while the watchman was at another part of the colliery, the little girl was wandering about the place and tried to walk across a slope where a wire rope was moving on sheave wheels. In some manner the child, in passing, was caught by the rope, and was dragged along the track to a sheave wheel, where she was terribly mangled. The girl's cries were heard by an employe, also by Mrs. Green, who lived close by. The machinery was stopped as quickly as possible and the little girl's body released from between the wire rope and the sheave wheel, but her injuries were so serious that she died 15 minutes after being taken to her home. Cleveland. Additional reports from Cienfuegos received by the government say that tbi? ?hief leaders in the alleged dynamite plot were two Italian anarchists named Humberto Brunl Rove and Julio Gran, who have been making seditious speeches there and elsewhere for some time. James Artwell was given an aldermanlc hearing this afternoon and was committed to the county jail without ball "to await trial on the charge of having murdered Vincent Conti in Yatesvllle the night of Aug. tf last. The hearing was held In Wllkesbarre before Alderman Pollock. County Detective Jones appeared as prosecutor. The hearing developed very little beyond the fact that Artwell has told his story, to the police. This was gleaned from the evidence of Chief of Police Loftus, who went to Clpve'an,i' O., to secure the defendant after he had been arrested I11 that city. He was sworn In the case and testified that Artwell had told the story of the shooting, which had been transcribed and that tho ortsoner had sworn to and signed ithe document. The story of Artwell But even 011 its merits, admitting the witnesses railed by Bryden to bo competent and even excluding those called by Law, we do not think a «ift or abandonment has been shown. The widow could have demanded all the unused Income at any time during her lite, as she Jlfrver placed it. beyond her T« constitute a valid gift r vivos S is essential that It shall taiw,-,effect 'presently and be 110 longer undOT the control or ownership of the donor. A mere Intention of purpose to give not executed is ineffective. It seems that several Df the witnesses urged the-wHow t* certain trips and she gave as her reason for not going "she wanted to leave the money I11 the estate, didn't want to take it out." "I would like to go but I do not feel as If 1 want to take the moti-' ey, and I am very happy here, and I don't want to take the money out of the estate;" "I have all I wish to get, ail 1 want, and 1 want to leave the money In the estate for my children." Perfect order continues to prevail throughout the island. ' All those who met death were in the private car of General Manager Atterbury, which was attached to the rear of the local train. Mr. Atterbury is on his vacation in Maine. He expected to return about Oct, 1, and his car had been overhauled preparatory to sending it to Maine to bring him home. It was sent out in the forenoon for a test run and was attached to a local train from Pa oil for tills city. I11 the car at the time of the collision were about a dozen who had been engaged iu overhauling the car. EIC*HT LOCAL CASES. ment. Jury Selected With Speed. The struck an attitude as he flung carelessly into a chair besidejpB counsel, John 8., Bennett. Attorney Clarke moved the """" frifii of Indictment in which the name of the last wife, Mary Gorman, was mentioned. The prisoner's lawyer interposed no objection and the Jury was selected with speed. The district, attorney made a brief speech covering the evidence in skeleton. The evidence was presented and there was neither cross examination nor testimony offered by the defense. McCandless was willing to admit the marriage to Mary Gorman and also to Wllletta Bird. Miss Bird, who is a companion and u governess' also, is a tall, graceful woman of thirty, and in court she wore « black silk dress. She told of having ad vertised for a position as companion and of a call in response to it by Mrs McCahe of Westbrook. N. J. She inel McCandless, who was living as Charles Parker, when she was in Mrs. Me Cabe's employ. He offered marriage and she accepted one month after thej met. There was a ceremony performed In New Jersey, but before the gir went to live with him she found his name was assumed. Then she Insisted upon another marriage under his rea name, and that ceremony was per formed in the home of the Rev. Ellas Quick, 725 Greenwich street, Manhat tan. The witness said she lived witl McCandless only a few weeks, but she did not tell why she had left him. Will be Tried Tomorrow ill Wllkes- barre—Clilef Loftus Prosecu- tor I11 All. Right police cases from this 1 clt.y are on the Luzerne county trial ll3t for tomorrow. Six of these are for carrying concealed weapons and two are for conducting speakeasies. The defendants In the latter cases are "Mike" Stravinsky and an Italian named Tossolino. Stravinsky's place was raided several times and that of Tossolino once. In the house of the latter were found the six men who will be tried on the concealed weapon charges. They are all Italians. On the concealed weapons charge the police have the revolvers carried by the men. These weapons are all of standard make and each one of them probably cost at least $5 when new. One of the revolvers has a pearl handle. was not asked for or produced. Neither of the two men who witnessed the shooting were sworn. After hearing the evidence Artwell was committed to jail without ball. He was represented at the hearing by Attorney Mose Salsburg. It is the contention of one executor. Bryden, and several of the children, (hat under this clause all the income Of the estate not consumed by the widow in her lifetime became u part of the estate of her husband and did not puss to her administrator at her death. They further contend that if the widow under the terms of the clause quoted took the income absolutely she by Rift or abandonment parted with all the unused income to the husband's estate. The other executor. Law, and the other children contend thut the clause Quoted Rives the income of the entire estate to the widow and at her death the unused portion passed to her administrator, [jaw, in accordance with his contention, tiled a partial account January 21st, 1804, as executor of the husband's estate, which excludes the Income. Bryden filed a partial account on February 26th, 1904 embracing the entire administration of the busband's estate and Including the Income which had accrued during the lifetime of the widow. To both these accounts exceptions have been tiled. The effect in the different contentions Plowed Ten Feet Into Car, OBITUARY. Pnoli is the terminus of the Pennsylvania railroad's suburban traffic 011 the main line, and a large yard is loon ted there for the storage of ears and engines. The local train was made up In the yard on the north side of the railroad and switched across to the easthound track No. 1 on the south side and came to a stop at the station. Hefore the switches could he set the New York limited came along at moderate speed on the No. 2 eastbound track, took the cross over switch and crashed into the local train. Mrs. Alexander Nicholson. Great sorrow was occasioned this morning among the friends of Mrs. Mary Ann Nicholson, wife of Alexander B. Nicholson, by the announcement of her death, which occurred at midnight in the rittston hospital. Mrs. Nicholson's last illness was of very short duration. Last Wednesday she was suddenly attacked with appendicitis. On the following day she was removed to the hospital, where an operation was performed soon after she was received. Her constitution was not strong enough to withstand the shock of the operation and she passed away, the immediate cause of death being heart failure. The re-, mains were removed to the family home, 409 Delaware avenue. Mrs. Nicholson was aged 29 years and 15 days, and she had been u resident of West rittston all her life. She was a woman of most estimable character and was possessed of beautiful disposition that attracted to her a wide circle of neighbors and friends. There was great sorrow occasioned among those who knew her on account of her most untimely death. She was a These expressions may have several meanings, and they are not inconsistent with the idea that she Intended the unused Income to go to her administrator for her children. We do not think this testimony as clear and convincing as is necessary to sustain an alleged parol gift. Nor can this be sustained as a valid donatio mortis causa, for it is essential that the gift should have been made in apprehension of death, and these expressions were used several years before her last illness. FINANCIAL ANID COMMERCIAL. New York Stock Markets, furnished by M. S. Jordan & Co., stock brokers, Miners' Bank Building. New York, Sept. 26, 1905. High. Low. Close. 139 % 138% 139% 36 C4 35 D/j 36% Am Sugar . . Am Car & F ADDITIONAL Am Ijoco Amal CopfDor Atchison com Atchison pfd B. R. T. . . . B. & O. . . . 83 % 90 % 53% 52% 81 % 89% 83% 90 % 53 % The force of the collision was so great that the engine of the limited plowed ten feet into the private car and the latter was forced halfway through the day coach ahead. WEST SIDE 105 69% 72% 112 174 % 105 Have you tried some fresh "Creso" crackers? They say that Is merely new name for an old friend. At any rate, it Is the best biscuit made and our town can well be proud of it. We do not think the widoMU fver clearly understood her riglitj# ailder her husband's will. Both 0/ ne executors part of the time, and one of them, Bryden, all the time, treated her as though she was only entitled to a living out of tlie estate and not to the entire income. The purchase of the Broad street property throws mere light upon the condition of affairs than any other incident. The property was purchased in her name and thu executor.! sought to have her deed it over to them as part of her husband's estate, and notwithstanding the many statements attributed to her of her intention to do so it Is significant that she never did convey It. There was never any agreement among these parties amounting to a family settlement, and we can find nothing in the evidence which would prove an abandonment by the widow of her estate. We therefore think John B. Uw correctly omitted any mention of income In his account, as it belongs to the widow's administrators.72% 112 % 174% 111 % 173% 58% Can Pacific At the time of the accident there were less than a half dozen passengers in the local train, and they were in Ihe forward cars, which were not damaged. The engineer and fireman of the limited w6re not hurt, but a dozen persons on this train were injured by being thrown against seats and the sides of the cars. Ches & Ohio St Paul . . . C. F. 1 Erie 181% 44% 50% 180% 154% 126k 105% 24 % 150 % 57 ' 180% 43% 181 % 44% 50% RUNNER KILLED u & D 111 Central 180 153% 180% 154% 126 is, that under Bryden's theory the adopted daughter Maggie will share in the distribution of the income under the husband's will; whereas if the income is found to belong to the widow's administrator she will not share under the intestate laws In the widow's estate. These executors managed the estate during the lifetime of the widow and paid hor such portions of the Income as she asked for. The total income during the widow's lifetime was $52,400.34, of which sum $14,797.44 were expended in her behalf, and the balance $37,602.90 was allowed to remain in the hands of the executors, who treated it precisely as they did the corpus of the estate and reinvested It, keeping It under their control as executors. The immediate question befotc us is whether this balance of $3?kfl2.90 belongs to the estate of Law or Catherine Law. Met St Ky Mo. Pacific Mex Central N. Y. Central Norf & West Out & West Pennsylvania 124% Martin Barrett, of Putnam street. North Scranton, employed as a runner in the North End Coal Co.'s mine, was crushed to death this morning by a fall of rock. 104% 23k 149% 84% 63% 105% 23% 150 85 54 % Four of those who lost their lives were killed almost instantly. The tifth man, Richard Garland, died In the University hospital in this city. 85% 54 % 143% 103% 122% 33 k 68% 37% One Ballot Enough faithful member of the West Ptttston Congregational church. Her husband and four small children survive, also her mother, Mrs. Jane Harris-Morgan, of British Columbia; one sister, Mrs. Daniel R. Williams, of Plttston, and two brothers. John Harris, of Wyoming state, and Thomas Harris, of Macon, Cla. The time of the funeral will be announced later. 143% 103% Sceen Doors, Windows, Screen Wire at Ash's. Mrs. Gorman was then called to tes tlfy as to the marriage of her daujchtei Mary. As she recalled the clrctim stances of her girl's death in the Lonf Island College hospital in March lasl the witness almost collapsed. It waD through statements this witness madC to Coroner Flaherty that McCindlesa who as Frederick E. Carlton marriec the Gorman girl, was suspected ol causing the woman's death. That clos ed the testimony, and the case was given to the jury. After Just tiin« enough in the jury room to take out hnllot the jury returned to eourt wltt the verdict of guilty. Then the prison er's counsel ottered to plead guilty tc another Indictment for bigamy. Peo G«'is Rock Island So Pacific Reading 33% 68 37% 132% 38 104% 122% CONCRETING STARTED. FILL SHQW1C OF GOODS f AT j lapel So Rwy com . Union Pacific U. S. . Steel . U. S. Steel pfd Wlork of Laying Brick 011 Broad Street 38 105 22 % 42% 132% Pave Will Likely lie Commenced Next Week. Wabash 22% SPECIAL NOTICES. The work of laying the concrete on Broad street, preparatory to placing the new brick pave, started this morning. The concrete is six inches thick. It is being mixed by hand, about a Wabash pfd SOCIETY EMBLEMS. We make a feature of keeping a In disposing of the exceptions tiled to the account of John B. h aw it is to be remembered that his is only a partial account, and that omissions are not the subject of exception, as whatever is omitted may hereafter be- accounted for. The accountant accounts for the estate as it existed at the death of the testator and omits all income, and the investments of the same accruing during the lifetime of the widow. All the many exceptions filed relate to this income, which wp hold is properly withheld from this account, except tiie proceeds from certain real estate and some Ithaca street railway bonds. No mention of these is made by the accountant and the omission is not now the subject of exception. We prefer to consider the Questions raised as to the good faith of the executor in making investments when these questions are brought up by exceptions to the final accounts in the proper estates. We therefore dismiss the exceptions tiled by Alexander Bryden and by J. N. Anderson, attorney for Margaret L, Bryden, ct. al. Fall Footwear Hie large stock of emblems for the various fraternal and religious organizations. dozen men being employed in mixing and setting it. It is being 1 laced on only one side of the street, v lch will be completed, including the h ks, before the other side is toueV , Mr. Dunn, a member of the co\irtractlng firm, said morning that he expects the first consignment of bricks to reach here next Monday. arid take pleasure In showing the line For Men audi Women We have then before us two separate accounts of executors each of which claims to give a full account of the administration of the estate of testator up to the death of his widow. It Is held in Fleming's Estate, 32 Pitts. Leg. Jour 4 39, N. S.. that where executors differ as to what should be Included in an account which purports to be a full accounting for the time specified the proper practice is to raise the disputed questions by exceptions to the account first tiled and not by filing another account. We think this the proper practice, and we therefore recognize the account of John B. lCaw as the basis of settlement and the account of Alexander Bryden must be stricken from the record. 1 Lot cotton batting, special value If you are a member of any society and The three standards. When his pedigree was being taken the court clerk mechanically asked McCandless if he was married or sin gle. The prisoner's small black eyes twinkled with merriment as he sale loudly, "I guess I am married." Tlx courtroom burst into a guffaw, it which Judge Asplnwall Joined. wish to purchase a pin or fob, see my Double cotton blankets, full size. 60c. display 1TLE Elk and Elk buttons, fobs and pins, 1 Lot Infants' all wool shirts, worth 26c and 48c, while they las. *0c. Just received a new assortment AR LEWIS, THE JEWELER, weafc, PttDu ffluiu who have trouble in getting about, will be strengthened if you rub the little backs and legs once or twice a day with Dr. RICHTER'S An&nr Pain Expeller A greak burden is lifted from mother's mind when this good old remedy makes their children lively and strong. Don't be deceived by counterfeits. The anchor, our trade mark, is on every bottle of the genuine. Sold by all druggists, 25 and 50 cents. F. Ad. RICHTER A CO. 215 Pearl Street, New York. Full line of pillow shanks and stand covers from 26c. , N. Main, opp. William St Theu District Attorney Clarke mover trial on the Indictment for grand lar ceuy, In which Henry 3. B. Hclutub al leges McCandless robbed him of $7CX In the Hotel ft. George on July 3 last Both men registered under assumer names to carry out a "renl estate deal,' Schaub says, and MeCandless took tlx money after they had several drinks A conviction was had without any de lay, the defense permitting the testl mony of the prosecution tot go uncon tradlcted. C Children's dresses from 25c. FALL HOUSE CLEANING TIME 1 Lot boys' 60c madrld shirts 25c. may remind you of your Intention to purchase a new carpet, rug or matting. Oiled opaque window shades, tha 26c quality, only 19c. Along this line, we wish to direct your 3.50 Full line of comfortables at 'special prices. attention to our carpet department. Xn support of the different contentions the children of the deceased husband and his deceased wife and the husbands and wives of some of the children were called. We think all of them are disqualified as witnesses under the ruling In Crosettl's Estate, 211 Pa. 4 92. We accordingly note an exception for the proper parties. There Is therefore no evidence to support a gift or abandonment. Carpets are one of our leading special- Hosiery and Underwear reasonable prices. very tics—that Is, good carpets. We han- dle no other kind. If your parlor or bed room Is worth having a carpet It's And, now 25th September, 1905, the exceptions filed to the first partial account of John B. Law, one of tiie executors of William Law, deceased, are dismissed, and the said account is confirmed absolutely. » Magnet After that McCandless liacl time tc get his supper and at 8 o'clock lasi night was arraigned on the third In dictment for bigamy, which (charge* him with having married Lulu\Ketter Ing of Syractlne when two other wlvet were living. The swiftness of the proa ecutlon was too much for the blgamout no Idler, and he pleaded guilty, avoidtaj the third trial. \ Dougless Shoes for Men $J.OO to worth having a good one. When you hear a woman say. "thete's a carpet 1 $5.00 bought several years ago and It's wear- We think It clear that under the fourth clause of the will above quoted the widow took absolutely and without limitation all the Income of the estate to do with as she wished. All the casfts cited by counsel for Bryden are where the legatees were given only Ing fine." you can depend It was pur- Managers of Atlilctlc Teams Can engage dates at the Laurel Line Athletic Field by applying to B. F. Wyly, jr., Traffic Manager, Scranton, Pa. 14-12 Boston Shoe Store, 37 8. HAIR IT. chased at our store. Exclusive new fall patterns now In stock. 79 R Maim St., PitSstoB. PITT8T0N. WILLIAMS & CO., 88 N. Main St, t: |
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