Buffalo Courier from Buffalo, New York on November 14, 1894 · 6
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Buffalo Courier from Buffalo, New York · 6

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Buffalo, New York
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Wednesday, November 14, 1894
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6
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THE BUFFALO COURIER: WEDNESDAY. NOVEMBER 11, 1894, -.e.,,--: J--;., - - ; ; ' j y j ' " i '.. 6 :-1 tit 5 15 4. '4 All INTERESTING SUIT. Mr. Hardesty Against the . , Queen City Bank. " ' VERY COMPLICATED DEAL. Tho Complainant Alleges lhat the Bank Has Committed Unlawful Acts-He Snes lor tho Ucturn of Collateral Securiiy. 'What promises to b. on of tbo most interesting and sensational law-suits in Buf-faE, courts for years Is now ponding m fta. the amount involved s well as from the nature of the transaction in question, and w sensat.ona from the serious cliarpes made against the defendant. The plaintiff is ue C. Hardesty. at present a resident of the City of Buffalo, and the defendant is the Queen City Bank of Buffalo. The Bank is charged' hy the plaintiff with having wrongfully and unlawfully retained and disposed of ?3l!,000 worth of collateral security. The transaction which ' furnished the grounds for the action occurred on March 'AO, 1S!)3, but in order fully to understand the ease, it is necessary to R behind this and explain a business transaction between other parties and of previous date, which necessitated the deal between the plaintiff and the defendant company. Gue C. Hardesty, the plaintiff, was a member of and the heaviest stockholder in the Marion Land and Park Association ot Iekport, N. 1"., it company formed for the purpose of buying and selling land in the county of Grant, State of Indiana, near the city of Marion. On or alwut September 23, 1S1K), George Ij. Mason suld to the Association about ;?7 1-2 acres of land, comprising 240 town lots in the county of Grant. The deed was made to William II. Wiley, a member of the Association, in trust for the Association. David Weesner. Serh Thomas, and Klihu J. Weesner held mortgages against the property amounting to about $4,2tX). In January, ls'.C, the mortgages were foreclosed, and in April of the same year the Sheriff of Grant County Bold the land mi dor the iwer of sale contained in the mortgage. The mortgagees became the purchasers, but in the deed to them was the condition, which under the laws of Indiana appear in all deeds of land Bold under foreclosure, that the mortgagors had the right at any time within a year to redeem the property by paying the amount of the purchase money with interest at eight per cent. In order to redeem this property it was necessary- for the Association to pay .$4.2Mt. Mr. Hardesty knew that the land would Boon rapidly increase in value, and being the owner of the majority of shares, desired to redeem the land. With this object in view he entered into jn agreement with the Queen City Bank by means of which he would be enabled to redeem the 37 1-2 acres. The agreement was made in March 'AO, lS&'i. According to the complaint, the agreement with the Bank required him to give the Bank his personal note for $0,2Uy O this amount $4,200 was to be used iaTedoeming the land, and the other SI.OOkt was to go to the Bank as a bonus., f iw their advancing the money An 'jPoiiateral security to the note. Hardesty Avas to give to the Bank a deed of all the Indiana land free of incumbrance, and also a deed of a house and b it on I'ark Street hi the City of Buffalo against which there was a small mortgage. The deed of ..... 4,v - of a t The nc mand, ti i tne propery was to ue taken in tne name of a third party, a friend of the Bank. note, which was made payable on de- was made out and then to the Bank, and the assignment of" the Sheriff's certificate of sale and the Sheriff's deed of the .Indiana lantl was executed and delivered on September, 1S1K. On the same date the plaintiff also executed and delivered a deed and conveyance of the house and lot on Park Street, Buffalo. As drawn, the deeds were not trust deeds, but under the agreement the laud was simply deeded as collateral security to the sr. 200 unto nnd was to be re-conveyed to llurnVstv as soon as he paid the note. At that date the land had been divided into 240 town lots. About this time, the property began to increase rapidly in value. There was a boom in city properly, and the land on the outskirts naturally became more valuable. Mr. Hardesty saw his opportunity to make a large sum of money out of the sale of the lots, and kept the bank informed from time to time of the rise in value of the laud. The bank at once be- ganto sell lots with an indifference, so says Mr. Hardesty, as to what price they received.. It was but a very short time until the. bank had sold a sufficient number of lots to pay off completely the S.l.L'iX) note with interest. Although the note -was made payable on demand, it was never presented for payment and consequently is not fi uuc .o proceeumgs were taken by law or otherwise Ty the bank to collect the amount of the note, or to sell the Indiana land, but. according to the complaint, "the bank, without right .or authority and in violation of the agreement and of the tctisT, contracted with various parties for the sale of a portion of the said lands, and did sell a large number of said lots. u. wit-Eighty-eight sub-lots for inadequate prices, and the bank has received large sums of money and securities and made deeds without the knowledge or consent of plaintiff or without legal proceedings." The bank sold not ortly a sufficient number of the lots to pay the amount of Hardesty's indebtedness to it. but many more, the proceeds of which far exceed the amount of his note of $5,200. Mr. llardestv frequently called at the- bank and asked for a statement of the number of lots sold and the amount received for them, as well as for an account and a reconveyance of the lots unsold. lie could never obtain anv satisfaction by way of explanation or otherwise, and finally decided to invoke the aid of the courts. Ho consulted Attorney Alfred B. Osgoodby. and the result is the pending action. Tho snmmons in the action was served on May 11 of the present year. The com- in.iuii v.us M-neii on aunt i,, out tin to the present time tho bank has entered no iieiense. j lie hank- ii:i i-.r...,trwii.- the IilnintilYV. nltnrii.r t'..,. ., . .c . . - .... 1 Airiimuil Ul time within which ."to i-nt.-r its mnir out of deferens to tlm I.-tvL-V .h. k" - ; -.mo auviur.i request has been granted. The plaintiff demands an accounting of all the lots sold, the value of the lots sold to apply to plaintiff's note, and a reconveyance of all the lots unsold, or their value, The result of the action is said to be anxiously awaited by many who know of the transaction. : M'lint Attorney Inlchart Say. Fred M. Ingleluirtajtornoy for the bank was seen yestrjJarrlTnjd when asked about the ease he said: "Lilke most stories, this one has two sides Wit. The bank wITiTh 1 represent does notbelieve in trying lawsuits in the newspapers. When the proper time comes the bank will make a complete defence to every point raised. The statements made by Mr. Hardesty or his attorney are almost without an exception the' merest tissue of fiction, and the whole article on their part is misleading in every particular." What Theosophy Is Nol.r Prof. William Q. Judge. ee-presldciit of the New York Theosoplcal Society, delivered a lecture In toe Colonial parlors of the Genesee Monday evening before a larte and interested aumenee. 11m tnetne wa "What Tboononhv la Not. - He JuiuUied hit subject in tl)e uui- teily manner, to - oe XV ' ' vmr safe- n ikprur uii'- ; ii.- i .k. hiforo. I'ror. Jnaprrt was the puest of Mrs. W A. Stevens of Do.uck Arenne during his -stay. No. 000 WILL ISSUE BONDS. The American Steel Barga Company. Wishes lo Ilaiso $2,000,000. County" Clark Brayton yestej-day received a certificate to be placed m file in his office stating that the Amerifan Steel Barge Company, one of the largest organizations of its kind in the United States, intends to issue bonds on a first jrnortgage aggregating 2,000.000. The consent of the stockholders has been obtained, nnd the mortgage, which will be taken by the Farmers' Loan and Trust Company of New York, covers all the property of the Barge Company and will secure the issue of -2,000 first mortgage bonds jof $1,01X1 each These bonds are to be dated January 1. 1N!)4, payable 30 years a,fter date, and will bear interest at the rate of five per cent. f Among the stockholders of the American Steel Barge Company are John I). ICockefeller, Charles W. Wetmnro, Alexander McDotigall, A. I). Thomp'sui, William Alien Butler. John A. Stewart, James B. Colgate, and Colgate Hoyt. j DR. HURD PROMOTED. Appointed Superintendent of the Buffalo State Hospital. The Action Taken Unanimously by the Board of Managers Yesterday His Record. Dr. Arthur W. Hurd. for the nast year first assistant physician at the Buffalo State Hospital, was yesterday appoint el by the board of managers of tjiat institution superintendent to succeed the late Judson B. Andrews. Dr. William S. Tre-maine moved the appointment. j at a meeting held behind closed doors inj the Austin building, and it was made unanimous on the first ballot. Dr. Hurd is well known front his having been connected with the hospital for nine years. He began his duties tljere in August, 1SS5. For four years he acted as second assistant physician. jilt 1SS0 h-" was apiointed first assistant and one Vtar ago when Dr. Andrews's health began t fail he assumed the arduous duties of acting physician and superintendent. In this sphere of usefulness he demonstrated his ability as a manager and a physician to the satisfaction of the managers, and 'yesterday they rewarded his fidelity by electing hiin to fill the vacancy caused by Dr. Andrews's death. Dr. Hurd is a young man. but he has a record which well fits hiin for the place. He is a graduate of the Department of Medicine of Columbia College in New York, and has. the title of Maker of Arts, conferred upon him by Kuoi College of Galesburg, 111. After, graduating from Columbia College he spent j considerable time in the leading medical college of Ixindon and Vienna, and for a time practiced in New York City. Sijice he (am? to Buffalo he has made- a h-H of friends professionally ami socially. i The salary of the position) is $4,000 a year. Dr. Hurd will take active charge immediately. f SERGT. MARRIOTT HELD. His Case AVill lie Federal Or; Presented to the it nd Jury. Assistant ;United States District Attorney Mackey was. enjoying h g.rnd cigar when he climbvd Xlw stairsj to Commissioner Fitzgerald's olh-e yesterday afternoon about 'A o'clock. Commissioner Fitzgerald, who is a lover of the pipe, was also enjoy in his after-lunch snjoke. was before the ojf murder, sat interested in a Serut. Marriott, who Commissioner on a chari near one of the window newspaper. Before the cas was opened (.'apt. Guthrie of Compr.ny A entered the room and ret i ret 1 to the hall with Mr. Mackey. They returned to the Commissioner's ollice after lo minjltes coliveis;1.-. tion and the hearing was continued. Attorney Decker, representing Marriott, waived further examination and Mr. Mac-key said he did not desire ito pres-.mt the evidence of Coroner TuckerJ as the latter was unable to attend on account of-re ent injuries. Commissioner Fitzgerald- the:t held Sergt. Marri tt for th next Federal grand jury which will be convened in Auburn November 20 Mr. Dicker requested that the prisoner Vie left iti Erie County jail as long as possible, so that he may be near his friends. It is probable that he will not be removed to (Juynga County until about November 20. i On request of the AV. Ti V. t!if da to of sale of one fare for the round trip tickets to tue Cleveland convention wil be Nov. 14th and loth, instend of V2tf and Kith, as previously announced. All agertts of the Nickel I'liitc Ilniiil are authfrlzivl to sol! at the re-ihiocd rate. Special arrangements have been made to enable members- tuf procure an extension of time to Nov. 'Sd. A Trifle Over '.wp Days. "Now westward Sol has 'sent the richest beams fit noon's high glory." And niueti of civilizeit America is following rapidly in his train seeking homes, wealth, and health "-In 'alifornin . j The great Sunset Kuute. Southern Pacific. Is now the favorit,. one to those familiar with the iliffereut 'dues of? Western tra'vel; arid its management, grntn'futly recognizing the ready appreciation which the traveling public has shown their efinrts in the paM, have determined 'o outdo tihe most splendid railway achievements, ami j to provide their patrons with a combimu in of luiurv 'ami comfort hitherto unequalled. To this t-ini the maguiticeut train. "Sunset I Limited." taking its 11ft me from the s"!ar i luminary whose p:uliicios valley and plain; and over hill and mountain It follows with khe speed of the wind, has been put on between New Orleans. I.es Angeles, and San 1'riS nciseo. Leaving both terminals every Thurslay. on and after . V 1 lllluitll t liriMlirh !......;.(... I T . '.' , " ' "v ".inioeM regions in all America, tlebghtf ui ieven in j,., . I ll'b "tleeing city" covers gulf o. (.,it i trifle over two days. Ever comfort of homo I 'ouuu V" mxuriou yeMiiiuled coaches. 1 timing, sleeping, and 1 rise S.ims.'r Umit,.,! compos!: 1 wuicn com--cedery along and the this line Is uiisiir passeu . ill won it- nnv nm to go West or F.ust. if it -were only for the pleasure and delight of a; whirl along this greatest of steel highways.! K. T. I5UOOKS. T. P.'a) KtP,,.. x- w il vri m L---V- ! I ...... . .- . ' - V 'M.irin. .jo jiarK t., 'hieago. i- . ti. aiuttsb, ,. i". A.J New Orleans, La. Very Good and Sweet. this is the verdict of Sand crackers at wholesale, by! AV. Seneca aud Market stores. cakpg and U. Granger, We deWr to any pare of the. cltv oat corn, nifTlfeed. ground oats. hay. straw oe-it' mils': io,i v,,.,.-. ....'.. .." peai. l'rlces reasonable. - - . . 1. 11 . 1. . in; 11 1 1 1 sii i n if... . Harvey beed Co.. 7 El- Ilcutt Street. Cough CoughUCough. Stop that hacking cough at once by takin v-m' ' v.Uuslo? uls"1" of Horehound" Nothing better Try it. Tar sale by dru""Uts" You Will Sav0 Money r.y buying Sand cakes and wholesale, by W. 11. Granger Market storea. ' crackers at Seneca an-.l Xe.cture on Abraham Lincoln, nj aiiss Jane Meade Welch Centnw Club. Delaware Aveuttei above ai Tickets 51. For sale at l'eter v-inn-a r ta- Twentieth SOME SIDE ISSUES The Salljls in Our Well-Known Buffalo Alleys. HOW TO STUDY REAL LIFE. A Peddler's Encounter with an Angry Woman Alley Dwellers and. Their Characteristics A SuScfdo and. Murder. In most large cities alleys divjde nearly every block and the sanitary conditions of such cities are thereby vastly improved and the aesthetic features are not destroyed or rendered abortive by regular displays of unsightly. -dilapidated and foul-smelling ash ami garbage receptacles in-' fro-nt of fine residences and business establishments. So far as alleys are concerned, Buffalo is very poorly supplied, not only as regards the quantity, but the quality as well. The greed of land grabbers or a gross oversight led! to Buffalo s alley-less plight. Fortunately, eyes and smelling apparatus are not greatly offended by the forethought and courtesy of the Chesterfieldian collectors of garbage and refuse, who not crnly enter yards and residences for such receptacles, but also replace them. On this account alleys are not sadly missed except by sensitive persons who object to coal and wood being dumped on fine lawns, by people who drink' on the sly ami object to the Ieddler of bottled beer stopping in front of their bouses. . "The maddest woman I ever encountered." said such a peddler, "lives on a West Side street. She ordered two dozen bottles of beer and I look it to the house. I won't take-it,' she said, 'and you had no business to deliver it by the front entrance. Take it back -and redeliver it tomiorrow, at I.ook i us: I'p Vine Alley. the alley entrance. I'm not going to have all my neighbors telling everybody that we drink beer.'; Why. some of our customers are so sensitive on that account that we do not pa i til our name or business on the delivery wigon and our goods are concealed in covered baskets." The greatest alley in Buffalo bears the name of a Celebrated tragedian. Booth. It is between. South Division ; and Swan streets and extends from Washington to Hickory Street. It is a namplw, paved pas-sane, occupied by stables, factories, etc. One block of this alley has jicen ceiled to the Government, as it would otherwise have- divided the new Postotlii-e. Perhap the most notorious alley here is Yhie Alley, once a resort for negroes, now one. of the touirhest white settlements here. It was recently paved with asphalt and then dignified with the name of street. Burton Alley (now street 1 extends from No. M'.i Main Street and is quite unlike the typical 'alley. Other alleys, such as German, Lut heral!,' Blossom, Boston,! Canal, Compromise and others have recently changed names or have undergone n certain progress in. the direction jf , full-Hedged "streets" - or "places." Lutheran Street talleyi for' instance is well jeop!ed and is just such an alley as the unfortunate si nirer. a uo in li.-( arey. described over 1.1O years his immortal "Sally in 0111 Alley: Of all the girls that are so smart There's hone like pretty Sally; She is the darling of my heart. Aud she lives in our 'alley. If all the. days that's in the week I dearly love but one day - And that's the day that conies betwixt A Saturday and Monday: For theii I'm drest all In my best To 'walk abroad with Sally; She is the darling of my heart. And she lives in our alley. Tle-re are Sallys and Marys and others in Lutheran and some neighboring alleys who on Sundays look every inch as sweet and well dressed and happy as they walk Scene In Love Alley. abroad with their smiling' beaus. as her of whom t he songster saidi "her father he makes ; cabbage nets nnd throuirh the streets iloes cry 'em." Alas, that such an eccentric musical genius ; as Carey should meet ai suicide's fate! But to return to Buffalo alleys. They are like a dry-goods dealer's remnants all qualities, lengths, widths etc. Some boar tine names. Home insignificant ones. Anderson Alley, which rnim from Fmslie to Lord Street was until more appro priately known as Meteor Alley. In 1K70 Irving; Place, now quite a fashionable place, was little more than no.. -alley, and bore, the name of The Bowery! There are a few dwellings in Blowbom Alley (mixed in between sundry barnsi etc.,) aud in one of thee places the unfortunate Herman murdered bin wife aad slept with the frightfully mutilated corjse a few days be- fore his horrible butchery was discovered. Although the murderer long since expiated his crimp on the scaffold, 4 this day the small people of the neighborhood never linger in the vicinity of the Ill-fated house. Bundy's Alley is what is known as a "blind alley," personal entering it having to retrace their steps in order to get out. It is a narrow, crooked but neat little place and quite cosmopolitan, its denizens leing of about a dozen nationalities and at least three colors white, black, and yellow. It begins at No. 124 Sycamore Street and runs northerly, to nowhere in particular. ' Typical alleys in the 1st Ward are Ixve and Burwell. The latter is called "Place" instead of its more appropriate synonym "alley." and has been described and mcr tu red in the Courier as a part of Buffalo's "Little Italy. Love Alley bears a resemblance to such 1st Ward streets as Illinois, Indiana, Marion, and others. Coatsworth, Prenatt. and Hamill are other types of South Side alleys. Compromise Alleys which runs from Maryland Street to West Avenue, has been called Malta Place since 1H. In WK Boston Alley, which runs jsk i- vA 1 13 fcpii At the End of Vlrjrlnla IMaee. h . f, from No, Tupper Street to Virginia and contains a score of small houses, was I transformed into Ilemond Place or "Demon" us cx-Ald. White facetiously called it. Seneca Place, n short connection from No. Seneca Street to Myrtle Street, was until 1 years ago' better known as Doucjierty's Alley. I rban Alley is now called Durrenberger Place; Mooch Alley, one of the. neatest "side issues" on the' West Side, is now called Virginia Place; Edwin Place was formerly ioodel! Alley. Neptune Place was until last year Kefch-lim Alley. Nichols Alley is now Nichols Place, and Fritz and San Domingo places are commonplace tilleys. Among the other well known alleys of tin city are I'icard. Ralph, Mead. Bean. Pitch. Berrick, Jefferson, Lebanon, Jxd-lin. Hersee (formerly Koons). Fell, Dickens. Douglas. Addison. Caldwell, Chain. Itochevot. Sexton. Steuben. Troy. Swiveller. Werrick. Sylvan, and Trestle. Some of these alleys are .much frequented. Berrick Alley, for instance, is an entrance from Seneca Street to Klin at Swan Street. Sexton Alley was for years well known to pool-rooin gamblers, the "little side door" to tho chief betting resort being there. Trestle Alley divides Lovejoy Street and is a short passage for railrostd men at Last Buffalo and for the ducks and geese which frequent the pastures and ponds in that vicinity. It is a fact that one half of the world does not know how the other half lives but. the whole truth can be learned by a careful, examination of our alleys. At any rate some of Buffalo's alleys are a long distance from Heaven if cleanliness is next to godliness. Fortunately snow is a good - stiKstittite for charity in covering sanitary sins. MORE EXPENSE ACCOUNTS. Comptroller iavin Spent Nearly $2,-OOO Coroner Keiiney's tiitts. Joseph K. (J.ivin. the defeated Democratic candidate for Representative in Congress' from the Thirty-second District, yesterday filed a certificate of the expenses of his campaign with the County Clerk. He says- he spent 81.!MH.S." for printing, postage, lithographs, distribution of printed matter, and incidentals. John R. Kenncy. Coroner-elect, spent Jl.irj'.l.'J."!. He paid .r.iu to the Republican County ( oinmitteo and used the remainder of the amount in paying for 'S-tage. clerical work, printing, livery, and incidentals. Charles F. Sdincpfiin. elected to the Assembly, speni 3.'M for printing, livery, and the distribution of pasters-. John H. Keeiian. the Home little candidate for Alderman in the l'.th Ward, who was so badly snowed under by Aid. John .1. Kennedy." spent SCkl.-.O for priuiiug and pasters nnd JV for carriage hire. Charles Kiefer. Democratic candidate for Alderman in the f:h Ward, gave .." to the County-Committee and spent for postage.' printing, clerk hire, and incidentals. Jacob Schenkelberger. the defeated Democratic' enndidafo for Sheriff, spent $1!1S..0 for printing, pasters, ami postage. JacOh Morgeiistern. the defeated Democratic candidate for Congress in the Thirty-third District, spetit S.'io.SO for pasters, postage, and incidentals. James M. Rozan. the defeated Democratic candidate for Councilman, spent M74 for printing, postage, and incidentals. Adam Boeokel. 'Alderman-elect from the loth Ward, spent $1S." for printing, advertising, and -incidentals. Flijah Ambrose, who was defeated for Overseer of the Poor by John Arnold. He-publican, spent .S14D.-" tor printing, postage, and incidentals. New Deputy Overseer of t he Poor. John Arnold, the newly elected Overseer of the Poor, has appoinied louls .1. Kenn-jrott l)eputy overseer. Mr. Kenngott for eight' years has had charge of the machinery department of the P.ulTalo fastivon I'ipe C-ora-iiaiiv-. Me has nrver had mi.v experience in adiiiinNtering to the needy, but prominent Uepiihlieans urged that he be appointed to the !"! tlon. He is :Ti vears olil. of IJerman parentage, and lives at No. Ill) The salary is Sl,roo a year. l'uffer Street. A Cemetery for North Kvans. The little town of North Kvans is to have an nicofporated cemetery Monday afternoon n meeting was held which ended in tne formation of t Ii North Kvans emetery As sociation, and a certificate incorporating the Association was tiled yesterday. Following lire the trustee's: (Jeor'ge H. Cole. Benjamin I'.rady. Allan A. Thompson. hdwlu Brood, John Foster, and Austin Ames. liuffnlo's Yale Men. The Buffalo Club of Vale College has elected new officlers as follows: President, T. B. Lock wood, "9.-; first vice-president; K. H. Thayer. Jr.. ; second vice-preHldeiit, T. M. tJoWans, 'Wii secretary. K. M. Sleard '07; treasurer. M. L. Karnes. '! The C'"D expects to have a swell dinner during the winter, term. . Two New City Hall Officers. At the request of the Commissioners of the City ami County Hall Henry Mallery has been appointed by the Toiice Commissioners a upecial officer to do duty at the Hall. H win .. frnm Sunt. Fisher. Jehlel Kinney has been appolntea I janitor, and lias been aligned. i do the basement of the City Hall as a wattn-mau . uuiit'i iiriiri n ii v Water AVorks Directors. Henry W. Box, J. J. Albright, George Urban. Jr.. Henry Koona, Charles A. Gould, Jahie A. Spoor, John I- Wllllania, Janiea A. Robert, and Edmund Hayes have been elected director of the Depe and nc""" Water Work Company tot the euaulnK jeax. URGE SUM INVOLVED Architects Sue for Professional fees. OUTLINE OF THE DEFENSE. Financial Condition of Contractor Itollins The Estate of Marie Smith The Kellogg Iron Company's Accounts Mixed. Justice ' Lambert yesterday called the suit of Green & Wicks, architects, against vieorge H. Lewis, proprietor of the Niagara Hotel, which is brought to collect $4,-ol'A.Xt professional fees. Of this amount $1.4:7 is claimed for drawing plans for a block of houses which Mr. Lews contemplated building before he built the Niagara Hotel. The remainder was for the plans for the hotel. When on the stand yesterday Mr. Iewis set up the defense that the architects had not devoted sufficient, jiersonal attention to the construction of the building to be entitled to the amount of their bill. '!alm Against Mr. Rollins. When C. L. Rollins, who was the original contractor for the Algonquin apartment house, because involved in financial difficulties, the Johnson I'ark Investment Company, which was building the house, owed him 53.XK. As Mr. Rollins had failed tin company dojHisited the money iu the bank to await an order from the court. Rollins had sublet several of the contracts to other firms. Williams & Co., L & B. Holmes. Peters He Son. and others were among the sub-contractors and they say Mr. Rollins owed them money when he failed. They learned .foJHMl was coming to him from the investment company, and filed liens against the money. ' Judge Titus heard the claims yesterday morning. but reserved dicision. Before the Surrogate. Surrogate Stern yesterday directed that a commission issue to take the testimony of Mrs. Fleanor Bailey, now in Paris, Franco, as an heir of her mother,- the late Maria Smith. Mrs. Smith left an estate .valued at $7r.(MHi. One of the heirs was Mrs. Helen S. Mciiliivray, a daughterf but under the provisions of the will slit- does not get her share while her husband lives. She is not contesting the will, but the Surrogate to satisfy himself. Mrs. Mc-Gillivray. and all persons concerned of its validity, is taking the testimony of all the heirs. Mrs. Bailev is in 'Paris for her health, Letters of administration on the estate of Anthony (Joeller who died in this city August 21! last, from injuries alleged to have been suffered through the negligence of the Frie Railroad Company, were issued to Barbara Schuotz of this city. Mrs. Schuetz will begin an action against the railroad company for damages. Mr. tioel-ler left an estate valued at .$S;r0. The will of Harriet F. Sturtevant. late of Buffalo, was admitted to probate She left an estate valued at i?.'.tHtl to immediate relatives. ArronntK liatlly Tliiddled. Judge Seaver yesterday granted an order on ap'dieation of Walter J. Shepard. assignee of the Kellogg Iron Company. riv-inp If) days additional time h which the assignee is to file his inventory and schedules of assets and liabilities. Mr. Shepard says the accounts are in a badly muddled condition. Nettled On! of Court. The action of Mrs. Samantha Perry agaiiist Leroy Ireland has been settled out of court. Ireland formerly kept a saloon in Batavia, but now has one in Buffal . Mrs. Perry says .!ie served a written notice on Ireland tellintr him not to si liquor to her husband, because he was a confirmed drunkard, but Perry disregarded the notice. Tie plaintiff then brought suit against ithe saloonkeeper for $.".0JO damages. Severlntr Tie. V. W. Aldrich. who wife: Mary F. Aldrich yesterday ordered by .In .$," counsel fees within was sued by his for divorce. wa dice (iro. n to pay Id days and $li a week alimony. A decree of absolute divorce was gran'e 1 i ii the case of F.nma M. Silsbee against Morgan C. Silsbee. Price A. Matteson was yesterday appointed by Justice (Jreen guardian a I litem for Fleanor Ripley, who is about to begin an action abainst her husband. Allan P. Ripley, for a divorce on the ground of cruel and inhuman treatment. Mrs. Ripley is hut 20 years old. Legal Uriels. Justice flreen yesterday granted the petition of the old Buffalo Bicycle Club t assume the nam? of the "La Salle Club." It will be known by the new name beginning December 17 next. I fat tie Smith was suing James Rurley yesterday in the Municipal Court for $."() damages for alleged slander. She is not a prepossessing looking woman, but she gave some testimony that was very bad for James. He denies the allegations. Married by the Mayor. Miss Anna M. Haiti, aged 22 years, of No. 40 l.yinsn Street, was yesterday married by Mayor ISishop to Joseph I.. H. de Salts. Notwithstanding the Krenchy appearance of Ids name. 1 e aus claims i oe hii i-.ngii.iiiiiiuu lit. is onlv -1 rears of age. unit Is a switch- man by occupation Division Street. lie lives at No. 4 North Ir.. Ivnig:lit Has llfturned. Comptroller-elect Krastus C, Kutght was at the 'ity Hall for a few minutes yesterday. Mr! Knight has just returned from a short vnilution which he took to recover from the fntltrue consequent upon the campaign Mr. Knight says he has not a pp ointments. :yct decided upon his ' AND INFANTS -INVALIDS. TRADE irtjfCKAg, MMll. THE ONLY FCBFECT Substitute for Mother's Milk. 40 wasninjron rq.,0, new I OrK. f:nflmen : For the sick, the ared. and in il dlaaM of children, Mellln's Food la invaJuable. and no phyelclan can more hon est 1 7 pralt of its yreat value than Yours i very respectfully, (.has. is. v-hakmila, M. IX Brooklyn. N. T. nnt. W have osed Mellln's Food tor our children for the past. lour years and And It superior to any other oua previously used. Yours truly, ' E. C Ucur. gEN D for ear kMk, "The Vmrm mm Vevdlnm mf Iufuta,, mailed Free ta mmr sui dress. Do!i!er-6ooda!8 Co., Boston, Mass. crr3jE3SYT PI ILLS! w -. i 1 F.1R 4 Keep Your Eye This guessing contest has created a regular furore all over town Everybody is figuring how fast the Pony ouht to run and how fast he orun-one mile. The result will be watched with eager interest by thousands of men, women and children, for what family isn't interested in such a handsome turnout ? A guess with everv purchase and a bargain with every guess. is tnere notning you neca r uur how vou will A TiTMANS - ' i A H It .A. TI L AOSOiMieJiy P II n rue THE MAGNIFICENT STOCK OF FARTHING - FURNITURE 5153 Seneca Street, GOING! SMiSSSSSsVaVBMBsMMHHMBVJM WBBBBBBBBBBBSBSSBsWBBSSmTSBBBBBBM j ' : AUCTION The Handsomest Stock of Furniture in the City going at YOUR OWN PRICES! The Latest Designs, and Fresh. Styles, The Everything SALE EVERY DAY 10 A. M. And 2 and 7 P. M. At No. 5153 C. H. O'CONNER, D.J.DOKOYAH&CO. 40 ELM STREET House. Sicn. and DecoratlT PaluUuK. wood Flnishlnc. draining, and Oiaslns. Letter Files AND BBSSSSSBSSSSsMiSSSSSSSSSSBsfJSsHSBSSSSSBSSSSSBSSSSS Filing Devices FOH ALXt PURPOSES. L0CKW00D & OUGH, n.! 32S WasbiAftoa Between Xortii and South Division Sti CANADIAN PACIFIC R'Y. To Minneapolis. SU Paul and the Northwest,' Vancouver, beattle, Taooma, Portland, Saa Francisco, etc, New and magnificent steamship line from Vancouver to JAPAN and CHINA. Ai to AUSTRALIA, tor full pTrUcula"; andacoommoaaUonaaddiens: K, V.HKINNER, tien'l EaaU Art, S63 Broadway, N. Y. K P. ALLKN No. 14 Excuanse Ktreet. Bui alo, K. Y- on the Pony jniucs uc iu-v i 68 Seneca Street. 70 Seneca! Street. 72 Seneca1 Street. v THE - -co; GOING! ALE! i Handsomest New, Bright Seneca St. ioneer. mi mim in IRWIN R. BRAYTON 637 Main Street NEW DESIGNS IN ! GAS FIXTURES JUST RECEIVED. TEETH WITHOUT PLATES lien one or more teeth toeed replaclnff the Knar asav V I las a t. . " . r. rj1., , u" mt dentims call a brldxe In appearance and usefuinens teeth put In by UiU method are eouklly a good at nnlural ones. i . talk to us About it. Extractlns; .... .. 25c as or Air runs HeBt Set Teeth ...... J. .... 4 . f 8 O0 NEW - YORK - DENTISTS, No. 384 MAIN! STREET. GDLI , CROWNS ANli I KKliidH wiillK or Teeth without Plates at Reason, able Friers. I Uest set teeth. 'bone better, 8; !" tli sets , from tilnnwinlit rirsctluf. 25c; rleaaing teeth, foe: cms or ltslll ir, ouc; silver nutnf. 7c: r"ia nnius"; ;fl apwaAls. PAINLKSS EXTRACT1 ' wuaranteeU.-; Ofllce hours (ram ft A. ' to e P. M. Sondsr. from 10 A. M. 1 P. M. - OtWH K.lnnt .Y.nfn w u X."3W. W. TKRRV! 1)KTAX iAKI.OR Mala St., eer. MehawjL '." v,v! -- : :! :"! i I'i s (

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