Evening Star Newspaper, March 30, 1894, Page 9

THE EVENING STAR PUBLISHED DAIL) EXCEPT SUNDAY. AT THE STAR BUILDINGS, 1101 Penusyivazia Avenue, corer 11th St, by (The Evening Star News; 8. B EAUFFMANN, pres pPrcrsios sec Now York Oiios, 08 Potter Buibting, —_——+—_ Tae EvENtxe Stan snbseri t By carriers, om their own aceoust a 1D came f week. or #4c. per month. Copies at the counter cents ‘anch. | By mail—aaywhere ex er Canada—; ° - postage prepaid. Ratuspay QUINTUPLE SHEET STR $1.00 per year, ‘With foreien postage added, $3.00. = | ect. Che Lpening Slav. eo (Entered at the Post Ofice at Washington, D. C., & second-class mail matter. ) S@All mai) subscriptions must be paid in advance. WASHINGTON, D. C., FRIDAY, MARCH 80, 1894—TWELVE PAGES. Rates of sivertisins sade knew: on application. AMUSEMENTS. AMUSEMENTS. EDUCATIONAL. LAST EVENING with F - Miss Kate Field, BUILDERS’ EXCHANGE HALL, 13th st. bet. G and H, AT HALFS-PAST EIGHT O'CLOCK P.M. TUESDAY, APRIL 3D— Eyes and Ears in London. ‘Tickets... For sale at the office Bullders’ Exchange room. mb29-toap3ine eisai GENTLEMEN'S DRIVING PARK, NEAR ST. | Free Candy! National Candy Exposition Now Open. Wash.L.|.Armory. the Shoreham and at Asaph Junction, Va. Information’ recelved daily. - J ‘Tra! leave B. and P. depot at a am, 1:50 MUSICAL CONCERT NIGHTLY. . een ir LOVELY BOOTHS AND DECORATIONS. eee ee ee eee IN WASHINGTO? TO ADVERTISERS. AGvertisers are urgently re quested to hand in advertisements the day prior to publication, order that insertion may be as- sured. Want advertisements will be received up to noon of the day of publication, precedence being given to those first received. | eh EPEEEES EE ECE CEST SEES SESCCEE CES EECEEEE CEES EE ESC C ECS “shore pexxrre xx Sts Ate ty hgh te Pt eeeo: Saleen SEEPS EEE SES ESSE GEORGE W. LAWRENCE. VOICE CULTURE AND PIANO. MT. VERNON STUDIO, 1003 9TH ST.|N.W. No ehurge for voice examination. — js MOUNT VERNON SEMINARY, M and Lith sts, Boarding and Day School for Young Ladies and Little Girls. ‘Thoroughly modern and progressive in :meth- ods and spirit. Primary, secondary and colle- slate classes. Spring term begins February 1. MRS. ELIZABETH J. ‘SOMMERS, Jad-tt Principal. WOOD'S COMMERCIAL COLLEGE AND SCHOOL of Shorthand and Typewriting, 407 East Capitol St. Young people af good charicter ef toth sexes welcome.” Positions secured. Day and evening sessions. Rates reduced. Call or write for etrcular. Special Contest Tonight. Cocoanut Opening by Baltimore and Wa ston * Experts.” Hatchsts to be used. NOTIOB Every lady purchasing ficket from 1 to 6 p.m. presented with bex of choice Candy free. ADMISSION, 2c. CHILDREN, 16¢. KERNAN'S LYCEUM THEATER. ALL THIS WEEK— PROF. RICARDO'S Performing Leopards, Fay Foster Burlesque Co. Thursday, Friday and Saturday nights Jack Bolan, 126'Ib. champton, will meet all comers. Next week—BILLY PLIMMER'S OWN CO. Base Ball Today. Kids vs. Vets. Game called at 4:30 p.m. ‘werexkorr music HALL. TUESDAY EVENING, APRIL & AT 8 O'CLOCK. LECTURE BY Of. 0. W. OWEN, Decipterer of Sir Francis Bacon's Cipher Story. SUBJECT: How I Found the Cipher. TICKETS FCR SALE AT METZEROT?’S. mb30-1t* 'S GRAND OPERA HOUSE. ” Stuart Robson. Direction of WM. R. HAYDEN. TONIGHT AT 8. LAST TIME OF TU a eo COMEDY OF ERRORS. wR ROBSON AS THE PD 10 OF SYRACUSE. SATURDAY MATINEE AND EVENING, Wirst and only time io this ity of Buckstone’s revised comedy, LEAP YEAR Concert MONDAY, APRIL 2, 8 P. M. 14th year, 47th Grand Concert of the GEORGETOWN ORCHESTRA, HERMAN C. RAKEMANN, Conductor, Assisted by Mrs. R. ORTMANN, Soprano. Miss ALICE E. BURBAGE, Pianist. Mr. H. C. RAKEMANN, Violinist. Miss ANITA SINGLE SEATS, mh24-8t Now ‘for lirs. Jarley’s Wax Works FOR THE BENEFIT OF ST. JOHN'S ORPHANAGE 50e. OR THE LADIES’ PRIVILEGE. Mi Neda oe eS ame | Petzerott’s Hall, SHAKESLEAREAN REPERTOIRE. BEATS NOW ON SAL mb80_ THE SOLDIERS’ UYITY MISSION. THERE WILL BE A LUNCH APRIL 2, 3 AND 4 AT WILLARD’S HALL FOR THE BENEFIT OF THE AL CVE NAMED CHAR- irr. mb30-2t¢ aLBavcn JMMENCING MONDAY, APRIL 2, MR. Shakespearean Company, WITH A SELZCT 1 | EXCURSIONS, &c Including Miss Martha Ford SATURDAY, MARCH 31, AT 8 P.M. ‘Tickets for sale by Mrs. Mony, 1718 H st.; Mra, Biddle, 1713 R. I. ave.; Mrs. Riggs, 1311 Mass. ave.; Mrs. McKeever, 1508 H st., and at Met- zerott’s Muste Store. mh26-6¢ BANJO THOROUC simplified metho antee to teach iT BY SN per quarter. most uniusteal person my simple rom 10 a.m. 631 I st. nw. the play a perfect tune each lesson bi tethod or no charge. Parlors open 2 pm. GEORGE DRAEGER, m By Electric Railway to n. pQinized with special reference to the April hi an Weatieal ie cone Donoho pe th Mount Verno By Penna Railroad, 9:45, 10:57, 11:50, 1 Alexandria Ferry, 9:30, 10:30, 11:30, 12:30, FARE, 50 CENTS ROUND TRIP. mi TALLY HO COACH LINE DAILY. from 511 13th st.—Arlington, ¢ points of interest. Trip, 50 ‘to 75 Ho on earth. No cars to Arlington, fel9-2m' Europe NORTH CAPE. 9 Saturday \ Saturday F E SEATS AND BOXES NOW ON SALE. mh23-4t BREW NATIONAL THEATER. Every Evening and Saturday Matinee. ee * © Gaze's — parties leave Washington week- bbe ly. ee ae at $190. All ex- ice berths on all S. S. HOYT’S oe ee SS i private travelers.Send for Gaze Gazette, = We. A TEXAS STEER. Brith TIM MURPHY and a specially selected east. NEXT SUNDAY EVENING, Gol. fR. G. INGERSOLL, oN WHAT SHALL WE DO TO BE SAVED?” Seats ready at the Box Office. STEAMER MACALESTER TO MOUNT VERNON. Tomb of Washington, Daily (except Sunday), At 10 a.m., returning by 2:45 p.m. FARE, ROUND TRIP, 50 CENTS. Admission to grounds, 25 cents. Tickets, with Mount Vernon admission coupon, for sale at wharf and at hotels. Will also make river landings as far as Glymonut, stopping for freight and passengers both ways. For charters, &c., apply at office of Steamer Macalestei se18 L. L. BLAKE, Capt. LECTURES. _ ROF. BOOKER T. WASHING’ : “Side Lights From Tuskegee,” at Y. M. C. A. Hall, 1607-1609 11th st. u.w., FRIDAY, March 30. Admission, 25 cents. Beueflt Young Nert Week—FELIX MOKRIS. ___ Seats now on sale. mh29-tt | Men's Christian Association. 10-6 ACADEMY. FAREWELL Saturday, GRAND. AMUSEMENT HALL. March, 31, —— FOR RENT-BY THE DAY, NIGHT, WEEK oR 3 30. eo month, Odi Fellows’ Hull, on 7th’ at. between 2 . B.w.; lurgest staged ball in th FAREWELL APPEARANCE city; with ante rooms and supper room attached. or Buitable for balls, coucerts, fairs and enter- JOHN L. STODDARD, fine ts of, all “kinds. “Puities ‘desiring ‘Bret. : class, centrally. locat ‘at moderate’ rental METORID AND SCD will find it to thelr advantage to call for terns I I A on WALTER A. BROWS 8 mb2i-Im 1423 Pa. ave. * Reserved seats. 50 and 75c. Admission. S0e NEXT WEEK—CHAU3 EDUCATIONAL. mh20-2t rs NAL RIFLES’ HALL. IN WASHINGTON. ‘Sie Seiten Dramatls Ca TER OF PIANO . MISS_ DAVIS, LATE “THE PROSPECTOR.” instructor In Western Maryland College: special (A stirring play of western life). care with beginners; hi city refs.; terms a moderate. Reviden ‘ave. mb30-2t* FRIDAY, MARCH 30, 1894. For tha benefit of the 5th batt., D. C. N. @, Bnd Phil. Kearney Camp, No. 15, S.of V., U. 8. A. General adinission, 25: Reserved seats, 50c. Dancing, 10:30 to 2 a.m. _mb29-8t* THE NATIONAL. NEXT WEEK—MONDAY, APRIL 2, ‘The famous Character Fel MORK best system of she in from 2 to 3 mouths. shorthand and typewriting school in city. ACME SCHOOL OF PHONOGRAPHY, 1110 Fst. aw. 1m and pastel, ard to see AND HIs work, call at TREMBLY’S ART FRAME STORE, horas = = ae STUDI ISS BARTON'S 4 "DIO. coMPasr. ing and Painting Wedoesdays until 12 m. French (Parisian! Fridays, 6:86 until 8 p. ranged. 910 20th st. n. Ps ~ = HOOL OF LANGUAGES, MONDAY, TUESDAY NIGHTS and 206 F x. W. ; WEDNESDAY MATINEB,| | New and original method, indorsed by the lead- MS figqeg ss ncn Act bs ing educators of France, England and Awecica. Te ie ROSE.’ Minnic Maddern Fiske mb21-lm MME. TAYLOR, OPERATIC TEACHER, Has Maue WAAR RAT 99 In One Act, by bad eight years’ ex c S a AMT ye perience In New York’ city 1m THE VAGABOND.” Fortecstcerman, Blactng, the vole correctly for operas, and Con: erts. iu aw. inb3- Im* . 2 ay Force, from the = = WANES 1 AComedy Force. PROF. ARNOLD MEYER, GRADUATE LEIP MOSES. carers pepe icumeag IT” Piano, Latesciltekt voice edlture, ee ———— or! jatem, based on psychological law; guar WEDNESDAY. TH RSD ay. vaey NIGHTS] Gntees absolute perfection of tralping. 1335 “12th — a 2 iW. — One acs, | _t- 2. mb20-Im* (Ae OLY MU MY by Pelt | WIMODAUGHSIS CLASSES 1328 1 ST. N. (he UL) Meu ‘i jorris, trpewriting, elocution, ‘chorus singing, Delsarte, = modern language; terms. $1 a mon’ to mem- HE PAPER GH ASE.” Comedy in} bers. ADA L. SMITH, Supt. QS PAPE ULADSs py Tnomas| _mb!9-27 — _—_ = WHITTINGHAM INST., TAKOMA PARK, D.C. A ,. —_— — — iT, an —— Ce for young ladies and ERe in One children. Full graduating course in English, KERR ¥ ‘By Dion Boucicauit. La "Miss RUSS, Prin. tin, modern language VAR EXCELLENT CaST— COMPLETE DETAIL. Sale opens for seais Thursday, March 29. Business Colleg successfully for’ civil service, ceusus examiuations. St “OLNEY INSTITUTE, 1827 I ST. wb2s-tt 5 School for young ladt le SHEER OF young ladies and littl WE oH 26. Matinees Tuesiny, Thursday and Satucday. ae : . classes of ail grades Chas. L. Davis, ceapeing tera Murch. Hi pr CD'HOMME, 307 D st. n.w. ae Alvin Josli MRs. ALICE SWAIN HUNTER, STUDIO 1316 N 189 LAVGHS IN IN) MINUTES. ST.—VOCAL INSTRUCTIONS ITALIAN METH- Next week ANNIE WARD TIFFANY. mb26-6t OD. Pupil. ‘of Leonce Prevost, Ettore Baril, Madame Seiler. fe: * GRAND CHARITY CONCERT, METZEROTT MUSIC HALL, FRIDAY, MARCH 30, 8 O'CLOCK, CANTATA OF “FRANK E. WARD, PIANO AND ORGAN LESSONS, mh9-1m* 214 9h st. S.W. King Rene’s Daughters : e THE BERLITZ SCNOOL OF LANGUAW: FIRST PRESUYTERIAN QUARTET. Branches in the principal American and 7Se. On sale at Metzerott’s euch and German comedies free every Wednesday at 4:15 in the parlor of vu. GC 8 mb26-5t GUNSTON INSTITUTE. 2026 and 2928 P st. n.w. SECOND TERM BEGINS FERRUARY 1, 1804. ja16-3m Mr. and Mrs. B. R. MASON. MISS AMY GC. LEAVITT, 1121 VERMONT AVB. N.W., PIANO AND HARMONY. se21-tf LESSONS ON THE JANKO KEYBOARD. WASHINGTO: HEIGHTS ENGLISH AND FRENCH SCHOOL, 1850 WYOMING AVE., COR. 19TH ST., For Young Ladies and Little Girls. French Kindergarten. Boarding Pupils limited. Faster Term begins April 2. MISS FRANCES MARTIN, PRINCIPAL Address until March 24 as formerly: MISS FRANCES MARTIN, ENGLISH AND FRENCH SCHOOL, jal1-3m 1205 Q ST. N.W. COLUMBIA COLLEGD OF COMMERCE, 623 La. ave.. bet. 6th and 7th sts. n.w. ©. K. URNER, A.M., C.E., Prin. ‘The leading school of business and shorthand, Highest attainable grade of instruction at moder- ate cost. Catalogue. e26 Norwood Institute, 14TH STREET AND MASSACHUSETTS AVENUE, oc80 Mr. and Mca. W. D. CABELL, Principals, THE BLODGET CASE Full Text of the Decision of Chief Justice Bingham. REPRESENTATIVES OF THE ESTATE The Court Holds Their Contract is Champertous. AN OLD TIME CLAIM eg The action of Chief Justice Bingham, |'Zuesday last, in directing a verdict for the defendant in the case of J. J. Johnson ys. Kate Van Wyck, reported in The Star at the time, is generally regarded as finally concluding those suits at law arising under what is known as “the Bl dget claim,” al- though the decision of Chief Justice Bing- ham is, of course, subject to appeal. But, be that as it may, the decision is of the ut- most importance to perhaps hundreds cf | owners of rea! estat? in the Distri ling property which at one time was part [of a tract of over 400 acres of tani within | this city, called “Jamaica,” lying north of what is now Rhode Island avenue and ex- tending from what is now Connecticut avenue easterly to apd embracing part of what is now knowa es “Le Droit Park.” This tract was owned at the ume of the laying out of this city by Samuel Blodget, sometimes called Samuel Blodget, jr. Janu- ary 28, 1704, he conveyed to Thonws John- son und Thomas Peter, in joint tenancy, in trust, to secure the payment of prizes in a lottery scheme gotten up ani managed by him, the “lands, tenements, real estate and property of said Blodget in the terri- tory of Columbia.” The capital priae in the lottery was drawn by one Robert S. Bick- ley, and Blodget failing to pay it, Bickley sued him in Pennsylvania, and recovered a judgment for $26,635.13, and then filed a bill in equity in the late Circuit Court of the District against Blodget and all others | interested for a foreclosure ani sale under the trust to Johnson and Peter. Blodget’s Property Sold. Bickley was successful, and, under the decreed sale, George Budd and Henry Pratt purchased as agents for him, and the sales were finally ratified, June, 1806. In 1507, 1813 and 1825 more of Blodget’s property | was conveyed to Bickley, and, without re- citing in detail the various conveyances by Bickley, to the subsequent possessors of the real estate coming to him from Blodget, it can be said that those whose legal abill- ties make them competent to speak hold that there can be no doubt that the title to all of it comes regularly down by deeds | duly executed and recorded from Bickley to the present owners and occupants. June 2 however, more than sixty years after Blodget’s title was extinguished, during which period the purchasers re- mained in undisturbed possession, an agree- ment was recorded between John A. Brit- ton et al, calling themselves “children, grandchildren and heirs of Samuel Blodget, deceased,” and Lorin Blodget, by which it was agreed that the parties of the first part appoint the second party (Lorin Blodget) their agent and attorney in the matter of the said estate and claims of Samuel Blod- | get, and empower him to sue for and re-| cover such estates and claims, and to make conveyances and accept releases as in his judgment may seem best, and that of all the property and moneys received the sald Lorin Blodget is to have one-half, and the balance distributed. A Further Agreement. March 2%, 1882, Lorin Blodget made an agreement with one Wm. F. Boogher,where- by Boogher agreed to assist Lorin Blodget in the work of searching titles, recovering the property and similar work, Boogher to receive In payment one-fourth of sums re- covered. They also agreed that certificates of share interests in said estate should be | prepared at an estimated value of $480,000, to be deposited with some trust company as security to them and to the heirs of | Samuel Blodget. The Union Trust Company of Philadelphia was made the depository. Numerous conveyances by those claiming under Samuel Blodget followed, conveying to Lorin Blodget, Boogher and other | ties interest in the original Blodget estate, and Mr. J. J. Johnson, an attorney of this city, became a trustee under a deed of trust dated January 10, 1888, to proceed to the recovery of the disputed real estate, an 1 distribute the proceeds under the agree- ment between Lorin Blodget, Boogher and | the heirs of Samuel Blodget, and 240 shares | in the estate were issued and sold to pro- vide the necessary funds for prosecuting the cases against the present owners. Mr. Johnson thereupon instituted a sult at law against Kate Van Wyck, who is tne present owner of a parcel in the original Blodget tract, and the case was reached in Circuit Court No. 2, before Chief Justice | Bingham, on the 1th instant. Several | days were occupied in presenting documen- | |tary evidence, setting out the claims of the | | plaintiff, and on three different occasions the question of champerty was raised by the defense. The plaintiff rested his case | Monday last, when the defendant again presented the question of champerty. The matter was argued at great length, and the next day, as stated in The Star, Chief Jus- tice Bingham sustained the contention o} the defendant and directed the jury to re- turn a verdict in her favor, which was ac- cordingly done. The particular parce! owned by the defendant was admitted tc be valued at $30,000, and hence the case will be carried to the United States Su-| preme Court, it is said, before either side | will give up the contest. phe Chief Justice's Decision. The decision of Chief Justice Bingham fs | as follows: | jhaving purchased these bon’ tof SESEE EEE EE sShededheioetont ELE EE Set FEE Bete theta tay thet hy tote the tah toh Ae see: fete +s One Lot Ladies’ Vests, low neck, sleeves. 25¢. ~ fates eae SEES “9 oeres3 SEE One Lot Worth 25c. Lot of three to one. advertised, are here. Swiss Ribbed no Worth 15 and For 5¢. Ladies’ LowNeck Sleeve= | less Jersey RibbedVests. For 12¢. $1 White Kid For 19¢. We are yours until 9 o’clock tomorrow night. One Lot ~ Shirts, all open back, | Linen bosom, reinforced fronts. Worth soc., 75¢. and 9sc. For 25c. One Lot Men’s Laundered Shirts, open back, plain and plaited Linen bosom. Sizes 14 to 17}. For 50¢. One Lot Ladies’ Super Weight Vests. Worth 75c. For 35¢. You can’t eat it. CANS BURGH & BRO. Your dollar is worth three with us. side of its purchasing power. Therefore if you can buy three dollars’ worth of merchandise for the price of one you ought not flinch for amoment. Look how your neighbors and friends are swarming to this sale. It is a race We bought Brodhead’s stock for less than one=- third its value and give you the same opportunity. The Goods, as But don’t delay purchasing. We’re open until 9 tomorrow night. Will that give you a better opportunity? One Lot Men’sUnlaundered Dress |Ilen’s Madras Neglige|Men’s and Boys’ QOut- good colors andjing Shirts, good pate | tern, all sizes. | Money has You One Lot Shirts, styles. Worth $1.50. For 50¢. One Lot Men’s Plain White Night | Shirts, long and _wide,| and Drawers, all sizes. Worth | Worth soc. good material. 50 and 75¢. For 35¢. One Lot ¥ no value out= can’t wear it. eee eee: ser eee PERCE ERE EEE EEE E EERE PEER preooeree: FECCEES EES For 25¢. en’s Gauze Shirts srsrrsestesecsseeticite One Lot Men’s Jean Drawers, all | $1 Worth soc. For 25¢. sizes. | a the day time have night to do their shopping. 420, 422, 424, 426 7th Street, by One Lot button Kid Gloves. 00 and § 25 4- eee eeheeeerees tote ete te te tye 'g*s totale te tn te ty tw hr We We to be Oe be ACESS ASSES REESE SESS CPCS CCEE COL ECE TEER SE ~ ESP SERS ROSE EEO EEECEREEP ESSE EE EEE EEE EEE OSE EEE EE [RE REREEREREREE SE oe Secteee on eens eee eee © F HA PEEEESEREE ESE EES EEEECEE EE ES CEES EEESESEON DS today and on former occasions, when this question of champerty has been discussed by counsel. It has been discussed with great ability by counsel on both sides. I have been impressed with the great impor- tance of the question in a case like this. I am fully impressed with the importance of endeavoring to properly decide and right- ly decide the question here in this court, notwithstanding each party may, as he has the right to do, take the case further for the purpose of correcting any error that they may belleve this court has committed in its ruling. “T cannot look at the circumstances that have been developed by the proofs which have been offered here in support of this deed, and which are furnished by the deed itself, and avoid coming to the conclusion arrangement. It may be, as counsel claims, that no such thing was intended; that the matter did not occur to the parties or to the counsel engaged by them at the time of the execution of these several contracts and instruments of writing. But it does seem to me that if there be such a thing as champerty recognized in this jurisdiction, the application of the principles underlying that doctrine of champerty to the facts in this case could very well result in no other conclusion than that the deed is champer- tous, in that there was an arrangement made between the parties who claimed to be the owners of this land, with third par- ties, by which the third parties were to take the one-half of all the proceeds that persons that they might employ, in connec- tion with this property, paying over the other half to the heirs, less any costs or ex- penses which may have accrued or resulted from the efforts of the third parties. Against Public Policy. “Not only has this been done, but an ar- rangement was made—whether called champertous, or whatever it may be called— which was at any rate one that should not be regarded by any means as harmless, and one which it does seem to me is against public policy, leading to speculation on the part of individuals and to taking chances as to the result of litigation or of efforts on the part of persons in some form or other to obtain money in possession at the time of the arrangements, and issuing these bonds to the amount of $240,000, I believe, which are to be sold for whatever can be |realized for them. This deed, which is pre- sented, seems to be the culmination of all these previous arrangements. It fixes a practical mode by which those arrange- to whom the legal title is sought to be transferred in the deed, who is to go for- ward and act for all the parties in the way of collecting money, recovering title or re- covering money in the place of it, invested with full discretion in that respect, and with full power to convey at will. After re- covering the title he is to convert that ttle so recovered into money, and that money which may have been recovered by him in deed, to be deposited by him with the Union Trust Company of Philadelphia, to be divided according to the arrangement made in this contract between the heirs and Mr. Blodget in 1873. Thereupon, of course, under the further arrangement and {contract made, by which these shares were created and these bonds were issued, the holders of these bonds are to receive what- ver prizes may be due by virtue of their “The person named as trustee, while he does not appear to have been specifically provided for by any named compensation for his services, must be presumed to be paid, of course, out of the half of it which is reserved in the Blodget contract, at least, if this contract is held to be a legal one, for whatever his services may reason- ably be worth. It is not to be presumed that he is rendering his services or expected to render his services gratuitously. He, too, “I have listened very attentively, both is connected with this arrangement. that they all do amount to a ¢hampertous | might result from the efforts which they, or | ments are to be carried out, fixes a trustee | any form whatsoever 1s, according to the | connection with that contract, and that he is to indorse the bonds. Effects the Deed. “Now, altogether, it scems to me that not only is the original contract champertous, not only is the arrangement by which bonds are to be realized champertous, and not only is that arrangement champertous by which the parties who will have the spe- cific pecuniary interest in the success of this scheme of recovering the title of this property or recovering money in lieu of the title—not only does all that exist, but it is already embodied in and connected with the instrument which seeks to convey | the ttle. Mr. Armstrong, for the plaintiff—It ts dat- ed in ISs4. ‘The court—Long before that deed was made this deed is made to the present trustee, simply because of some necessity growing out of the condition, I believe, of the former trustees. But the mere lapse of time between the execution of the contract in 1873 and the execution of the deed which is now offered in evidence I suppose will make no difference. ment in regard to issuing the bonds are all preserved as a part of the whole scheme which {s fully developed and embraced in the deed itself. “The only question that has been one of much difficulty, in my mind, is to deter- mine whether, under such circumstances, notwithstanding the fact that the contract fy champertous, that it 1s a scheme of speculation connected with the arrange- ment and really embodied in the deed— whether, notwithstanding that, it could be claimed that, inasmuch as this suit is simply to recover the title, and inasmuch as the defendant cannot be said to be connected with these contracts or to be af- fected in his connection in any way by them—that {s to say, If he had a good de- fense before the execution of these deeds,or would have one if the deed had not been executed and sult had been brought by the heirs, he still has that defense, and that it is no matter of his that the purties he ve seen proper to make an arrangement satis- factory to themselves as to the proceeds of this property or of the money that may be recovered by the carrying out of this scheme. A Well-Recognized Rule. “The rule, I think, is pretty well estab- Ushed; I think it seems to be recognized by the text writers, and I judge that the greater number of decisions in this country makes an arrangement with his attorney the proceeds, and does it under such cir- cumstances as that a court would feel bound to regard it as champertous, yet they will not permit a defendant, when the terpose as a defense that a champertous plaintiff and his attorney. I think the rea- son of that is because the champertous agreement is not before the court, does not enter into the issue between the plaintiff and the defendant. The action is ever it may be, and the right of the plaintiff to recover against the defendant is not affected by the arrangements that the plaintiff may have made with his at- torney. Advantage of that can only be taken by the plaintiff? himself whenever it agreement against him. “But is that this case? Can we separate, operates to convey the title of the heirs of Samuel Blodget to the plaintiff? Can we ex- clude everything else in the deed, and say that there ts, after excluding all that, a conveyance of the property from these heirs I be-" to the plaintiff, and that there is no reason’ gafe and sure, Dr. Bull’ 7 lieve the proof is that he at least has some | why that conveyance, so made, should be It appears that that | contract in 1873 and a subsequent arrange- / have been to the effect that, where a party | to bring an action, giving him a share of | plaintiff brings an action to recover, to in- | agreement has been made between the | and | upon the obligation of the defendant, what- | shall be sought to enforce the champertous | and can we shut our eyes to everything in | this deed except the simple portion which | affected by anything else in the deed? It does not seem to me to be so. When the deed deveopes a scheme for the prosecution of suits or for the action of agents consti- | \ ' tuted by the heirs to obtain money or prop- erty for them, and where that is the main ‘ object, and where various things are agreed upon to be done by various parties, all shown by the deed Itself, and where that conveyance of title to the plaintiff, who hi to bring the actions of law, or is to do oth- er things that may be necessary to be done to obtain money, or which may result In ob- | taining money for the heirs—where that | seems to be simply but one of the features | of the instrument of writing which is of- | fered as a deed showing title in the plain- tiff, It seems to be an incident, rather than the purpose, of the execution of the instru- ment on the part of the parties who have | signed it. | Does Not Convey Title. ! deed to be Illegal, because the right of the | heirs to bring actions will not be taken away, and the parties who hold the real | estate here in this city, which is conveyed or attempted to be convered by this instrument, will still be subject to other suits. That may be. But I am bound, sit- | ting here in my judicial capacity, to follow my_ convictions. | “It appears to me that this deed is one which does not convey title; that it tainted with the vice of champetry, so | against public policy by reason of the specu- lative scheme which is embodied within the deed itself, and embraced within It, that ft would be against public policy, and T think | it ts my duty to so declare and to hold, that | the deed in my judgment. void for that | Teason, and therefore not proper to be in- troduced in evidence. Sy COXEY REJOINS HIS ARMY. | The Commonweal Encamps in a Fo dry at Columb’ " Coxey has rejoined his cohorts, the army | 1s among populists and the commonweal is | enjoying a big boom. Coxey was waiting | at Columbiana, Ohio, and was received with three cheers. The farmers at Alliance provided three wagon loads of provisions and two of wood. Beef, hams, coffee and one thousand loaves of bread will furnish the commonweal with provisions for three days at least. At Lee- tonla three coopers joined the ranks, and in @ speech Carl Browne said he was being misrepresented by forty argus-eyed demons | of hell, who followed him around. He meant the reporters, and has given orders to keep newspaper men %ut of camp. At Columbiana Marshal Smith told the men there were to be no more begging expe- | ditions through the towns at night. Three hundred people welcomed the crowd of 108 soldiers to Columbiana the citizens | provided Johnson's f as a@ camp. | Straw beds were pr When camp | was being put in order, a farmer, aged seventy, v see the parade, dropped disease. mas Holloway, nO Was In town to ad from heart Thirty-six recruits—farmers, mechanics and potters from East Liverpool the ranks. Columbiana has a Cox of fifty-three members, of which John Harold is chairman. After seeing the army Harold | said that while he sympathized with Coxey’s ntenance sw legislation. i, but | principles, he could not array of tramps to for Says success is assy ak of his financial tro today will be to Camp ( Palestine. The four men a: 3 at Salem were discharged, there being no | case against them, H | Cough Syrup. “Tt is urged that we ought not to hold this | h WoOMES IN POLITICS, Four Nominated for Positions im Wrandotte County, Kans. Special Correspondence of The Evening Star, TOPEKA, Kan., March 28, 1994 Four years ago the women of several towns of Kansas decided that they wanted to try their hands in handling municipal affairs. The result was that several women were elected to the office of mayor and @ Score or more were chosen to fill positions in the council of the various municipalities, After that the interest seemed to wane, and during the past three years the women have been contented with places on the school boards, which they have invariably filled with credit. This year new interest has been aroused in Wyandotte county, where four women ave been nominated for positions—two for members of the school board of Kansas City and two for members of the city coun- cil of Rosedale, a town five miles from Kan- sas City. There would be no special signifi- cance in the nomination of two women for the Kansas City school board were it not for the fact that a democratic convention placed them before the public. In Kansas that party has always opposed municipal suffrage, and especially have the democrats €iscouraged the women who have been Seized with a desire to hold office. The Kansas City democrats say they are not in favor of women holding office, but that they desire to make a practical test for the purpose of ascertaining just how the People stand on the question. They say the male voters of the state will have to de- cide in November whether they want women to vote and hold office or not and that this campaign for the April election will serve as an object lesson. As not the slightest objection can be made against the two women nominated, party prejudice and op- position to Woman suffrage, the leaders as- ert, could only cause their defeat. The two democratic nominees are Mrs. Sarah Frame and Mrs. Emma Scarf. Mrs. Frame is in her sixty-ninth, year. She has been a widow twenty years and has supported herself by keeping a boarding house in the fashionable the city. She is an educated, prac- woman and is more interested in schooling her grandchildren than she is in voting and holding office. Mrs. Scarff is the wife of a locomotive engin She ts thirty-two years old and prominent in church ‘and Sunday school work. Mrs. Scarf is highly cultured and educated, being a graduate of the Lexing- Ky., female seminary. for the city council in Rose- Frank ton, The nomiz Gale are Mrs. Eva Brush. Maj. Holsinge Holsinger and Mrs. or is the wife of prominent citizen and pitalist. Mr rush is a widow and @ y intelligent woman. They are both promin: rkers in the Women’s Chris- tian Te Union and were nominated by an in nvention on a platform declaring policy shops, gambling houses and liqu In accepting the ised themselves to titutions if elected, nomination th wipe out the Erie’s Home Won First Prize, The trustees of the Erie Soldiers’ an@ Sailors’ Home held a meeting at Harrisburg, Pa., ye afternoon to consider busi- ment of the W. W. Tyson, ed that there > the t of mang Maj, ation of 44 ad that the st excellent dition. Ti notified that the institution was awarded the first prize by the world’s evidence of 3 of the home and teness of statistical ce thereto. +e: Walter Costellc uurteen years old, fell five stories down stor shaft at Bal timore Wednesday and was only slightly im jure. fon for th comfort for the memb