b
K @- If you want the best
-......,.,_..,,,- “37% “35;. . . _
goods for the least money
read the advertisements ,
n the Gazette. 2
VOL. VIII. NO. 1830
Evenin
NORWALK,
s4.
a6 te.
CCNN., WEDNESDAY EVENING, MARCH 23,1898.
fig" Recognized “as” {he
family pape-rthe Gazette’s
advertising columns will
prove its value to you.
PRICE ONE CENT.
1 CLO§§§HAVE
Burglars Visit a South Nor-
walk Barber-Shop.
Frightened Away Before They Secure Any
Spoils.
An attempt was made last night to
burglarzie the store in the Ely build-
ing, on North Main street, and occu'
pied by Henry Froeb as a barber-shop
and by Fred Coleman as anews and
variety store,
The attempt to enter [the same was
from the rear part of the store which
is occupied by Mr. Froeb.
At the rear there is quite-a yard-
space which connects with‘the Solman’s
Between the yard and
pro-
livery-stable.
the building there is an areaway,
tected by a railing.
The burglars found a rack belonging
to Marketman Hayes, which they util-
ized'as a bridge from the railing to the
window sill.
They then broke in a pane of glass
which allowed of the turning of the
window-catch, and it was an easy mat-
ter for them to get into the store.
Unfortunately for the burglars the
breaking of the glass was heard by
David Lockwood who with his family
lives over the store. He was abed but
hastily dressed himself and advised
the police.
In the meantime the burglars became
alarmed and madea hasty exit out of
the yard without carrying out their in-
tent of entering the store.
The police made a thorough investi-
gation, and then went to the home of
John Herring, , an employee of Mr.
Froeb, who was aroused out ofa peace -
ful slumber, and advised him of the
occurrence.
Herring went along with the police—
man as docile as if he were going to
be hung, and reaching the store made
a search and became convinced that
nothing had been stolen”
The window was then made secure
after which Herring went back home
and the police resumed their regular
beats.
It' is thought to have been the work
of local talent who perhaps thought
that Newsman Coleman had carelessly
left a. few hundred dollars 1n his money
drawer.
It 15 not altogether improbable that
the guilty parties will be apprehended.
--=
< v
Cannon.
A son born to William Scribner and
wife, and a daughter to Roland Gilbert
and wife are among the permanent ar-
rivals in this place this week.
Mrs. John B. Sturges has been visit-
ing her sister, Mrs. John M. Belden,
Danbury.
A Bow and Arrow social for the
benefit of Zion’s Hill M. E. church
will be held at the home of Joel God-
frey on Thursday evening of next week.
Rev. L. W. Holmes will preach his
farewell sermon at the Zion’s Hill M.
‘E. church on Sunday next, having com-
pleted a pastorate of five years.
A “=
‘vv
Yacht Racing Dates Fixed.
The Yacht Racing Association of
Long Island Sound held its annual
meeting in the Fifth Avenue Hotel
Monday night, and adopted a schedule
of racing dates for the coming season.
Monday, June 27, is assigned for the
Stamford Y. C. annual regatta; Satur-
day, July 9, Riverside Y. C. annual
1‘ regatta; July 30, Indian Harbor Y. C.
annual regatta; September 3, Indian
Harbor fall race, and Monday, Sept. 5
(Labor Day) the Norwalk Y. C. annual
regatta. The Laréhmont annual re-
gatta is assigned for July 4.
‘A‘
V V
Broke His Collar Bone.
Frank Smith, of Henry street, East
Norwalk, the speedy bicyclist, was
going down West avenue last Sunday
night, when the tire of one of the
wheels of his mount flew off and he
was thrown several feet, falling in such
a manner that his left collar bone was
broken. Dr. F. B. Baker reduced the
fracture. It will be some time before
Mr. Smith will ride again.
‘
Vv V
The front of the vacant store in the
Roi-walk club building' 1s being painted
white.
111w 11111111 HOUSE.
Danbury Will Donate a Site
and $l0,000 of the
Sum.
The County Will Contribute the Remaining
$20,000.
Danbury will have a new court house
which will be worth $30,000. The town
will furnish $10,000 of this amount in
laying the foundation and first story of
the buildiug. The county will furnish
the remainder of the sum, $20,000. Un-
der the present mode of valuation,
Bridgeport will have to pay about half
of‘this amount. , This was the decision
reached at the‘meeting of the county
senators and representatives at the
county courthouse in Bridgeport yes-
terday. The meeting was called by
the, county commissioners for the pur-
pose of laying the county tax and also
to consider the advisability of giving
Danbury a new court house.
There was a good majority of the
representatives and senators in atten-
dance. The laying of the tax was very
formal, a resolution being offered that
a two-tenths of a mill tax be levied7
was passed without comment. It was
on the first fight for the court house
that interest center ed. General Frost
favored the resolution giving Danbury
a new court house. He thought the
proposition sensible, reasonable and
business like. He thought the county
should have a respectable building in
Danbury. It should not be parsimoni-
ous in its desire to be economical. The
county'could afford to pay it.
Only two membersof the body voted
against the proposition. They were
representatives George Somers and
Matthew H. Rogers of Bridgeport.
Both gentlemen made long speeches in
which they claimed that that city
should not be called upon to pay one
half of the cost of furnishing Danbury
with a court house, especially when
Bridgeport assessed the property at its
full value when the majority of the
towns in the county, paid on about one
half.
Mr. Rogers presented a resolution
tendering the sympathy of the body to |
Dr. Charles E. Howell of Stamford, a
member of the last house, who met
with a serious accident in the south a
few days ago.
vote.
Senator Keeler, chairman of the spec-
ial Good Roads committee, announced
that a meeting of the committee would
be held at the county court house in
Bridgeport next Tuesday afternoon at
1:30. He invited all representatives to
be present and express their views.
The committee is holding meetings in
each county. It is to report to the
next General Assembly.
As soon as the meeting adjourned,
Sheriff Hawley had made arrange-
ments to have the members taken to
the jail where a dinner was served in
the Guard room. 2 ‘
AA_
V V
Belden Hill.
Orville Brown is building a new ad-
dition to his barn. -
One of the horses owned by Conrad
Miller has been very ill this week.
Baxter’s steam saw of New Canaan,
has been making kindlings of local
wood piles the past week.
Mrs. Daniel Moriarty is preparing
her old home in Huckleberry Hill for
early occupancy. Her son M. D. Mor-
iarty will make his home with her.
Will Sail on the Fulda.
Miss Fannibelle Curtis who has been
spending two weeks at her home on
Knight street will sail for Naples on
the steamer, Fulda, Saturday. Miss
Curtis has fully established the Kinder-
garten system in the Brooklyn schools
and has been granted-a leave of absence
until the opening of the fall term, dur-
ing which time she will travel over the
European continent spending a major
part of her time in the German Father -
land.
Jessie Sherwood was commtited to the
Industrial School for Girls at Middle-
town, to-day.
It was passed by a rising.
V‘
108T HIS BASE.
Henry 0. Stevens Secures
ludgment Against Commo-
dore Burritt.
Will Pay $46.l5 for 60mg 011 0.’ E.
Barker’s Bond.
The decision of Judge Curtis of the
Common Pleas court in the case of At-
torney Henry C. Stevenson, of Bridge-
port against Com‘modore Francis Bur—
ritt, which was given yesterday, is of
great interest to the legal fraternity.
It was a suit on a bond given to release
the attachment of the body of Oliver
E. Barker, of South N orwalk, who was
arrested by Sheriff Doolens at the
Fair Grounds on the occasion of the
races given by the Twin City Wheel-
men. '
In the absence of any decision in this
state on the matter, Judge Curtis has
given the matter much consideration
and filed a memorandum of decision.
Judgment is given for the plaintiff to
recover $46.15 and costs.
The suit was one originally brought
on a fraud action and when it came up
in the justice court was amended so as
to set forth a contract action instead.
In the Bridgeport city court, where
the case was heard before . appeal to
the Common Pleas court, Judge Comley
gave judgment for the plaintiff and
Judge Curtis’ decision sustains him.
A portion of Judge Curtis’ memoran-
dum of decision is: '
Under the Practice Act, a count in
tort cannot be joined with a count in
contract in a case pending before a
justice of the peace. In the Barlow
case, a count in contract was added as
a second count, and, with the consent
judgment was rendered
against him on that count. Was this
proceeding one which would discharge
this defendant from liability upon his
bond ‘9 I
It seems to me that the question may
be associated with the question, wheth-
er or not such a change would have
of Barlow,
. discharged the obligers upon an ordin-
ary dissolution bond given to release
an attachment of property.
I The use of-the word “case"
Ebond must be identical in meaning
in the statutory
in this
with the word “suit”
bond.
I believe that under
practices of this state, this bond and
: the statutory bond would both be con-
strued to cover any judgment recov-
ered, where the changes made in the
complaint involve only the same trans-
the laws and
action as originally set forth and are
such as the law permits by amendment.
It would revolutionize the practice in
cases began by attachment if it were
held otherwise, because the same rea-
sons that make the bond void would
make an attachment void as against a
subsequent attachment at least. ,
The question then in this case is
whether or not the changes made in
the complaint involve the same. trans-
action and were such as the law per—
It is conceded that the check
referred to in the second count is the
mits?
same check referred to in the first
count.
As already shown, a count in tort
and a count in contract cannot be
joined in cases pending before a jus*
tice of the peace, but by See. 1, Art.
VI of the rules under the Practice
Art—“Counts founded on tort may be
amended so as to set forth instead a
cause of action for a breach of contract
arising out of the same transaction or
Therefore,the first,
count in the Barlow case could have
subject of action.”
striking out paragraphs 2, 3 and 5, and
the same cause of action prescpted as
is set forth in the second count.
It seems to me, therefore, proper ‘to
consider the scoond count as in sub-
stance an amended first count, since it
appears that the original first count
- was abandoned and a judgment by de—
fault of confession rendered on the
second count.
been amended before the "justice by '
I hold, therefore, that the bond is
hot discharged.
complain. If hehad desired to limit
his liability to the tort claim he could
have given a bail bond and special
bail. _But instead he entered into an
absolute obligation to pay the judg-
ment rendered, and he surely must be
held to have had in contemplation all
the changes that may be allowed by
law in setting for the cause of action.
Mr. Stevenson represented himself
during the trial and George H. Vos-
burgh, Jr., represented Commodore
Burritt.
Wilton.
S. W.Olmstead has leased the Haines
place from D. B. Ogden, and will take
possession as soon as our experienced
renovators, Gantley and Olmstead,
have put the plaCe in apple pie order.
Alfred Olmstead will soon open a
milk route in this vicinity. This will
be a great convenience to local lovers
of the lacteal fluid who are not the
happy owners of a bovine.
Mrs. Wad hams of Norwalk was in
town on Monday.
Mrs. P. S. Ackerman and son visited
Danbury on Monday.
Mrs. D. S. R. Lambert has sold a fine
cow to S. W. Olmstead.
A special meeting of the Wilton Li-
brary Association was held at the li-
brary rooms on Monday evening for
the purpose of selecting new books to
be purchased with the money recently
accumulated. A long list was prepared
and the new velumes will soon be on
shelves.
Rev. W. D. H211 t, Mrs. Edwaid Olm-
stead and Mrs. T. F. Gilbeit attended
the fellowship meeting at the Congre-
gational church, South Norwalk, last
week.
A number of Our enterprising farm-
ers have their gardens under way.
Grantley and Olmstead have received
a large quantity of fine wall paper the
result of a recent trip to New York.
Mrs. A. W. Merwin attended the
regular meeting of the Norwalk Chap-
ter D. A. R. last week.
The subject for next Sunday evening
at the. Congregational church is the
;-third question in the series, namely,
“Where is thy Brother ‘9”
George F. Canfield attended as dele-
gate with Rev. W. D. Hart the meeting
of the Fairfield West Consociation in
the South Norwalk Congregational
church last Thursday, for the purpose
of recognizing the Hungarian Congre-
gational church of South Norwalk.
The selectmen have posted notices,
that sealed proposals for the repair of
the Wilton highways for one year will
be received and opened at the Town
Hall on Thursday morning March .31,
at ten o’clock. The specifications and
agreements that the contractors will
be required to sign may be seen upon
application to the town clerk.
James H, McDonald, State Highway
Commissioner, conferred with Select-
men Jackson and Morehouse on Tues-
day, and we understand that the route
for the extension of the gravel road
from Sharp hill to the new iron bridge-
by the Ridgefield road was approved,
and that immediate steps will be taken
to advertise the contract, and begin
the work at the earliest possible date.
This means that our good roads exten-
sion will be. finished in the early sum-
mer.
Oscar l. lones’ Funeral.
The funeral of the late Oscar I. Jones
was attended from Christ church,
Westport, this afternoon, Rev. George
W. Barhydt officiating. .Services pre-
vious to the remains being taken to
Westport were held at the late home
of the deceased on Arch street, this
city. The vestrymen of Christ church
acted as pail-bearers. The interment
was in the cemetery of that church.
~ ‘
Ladies Auxiliary.
The Ladies Auxiliary of the -A. O. B.
will give their fourth annual sociable
at Lockwood’s hall, . Friday evening,
' ADI i1 29th.
The former sociable given by the
ladies have been most enjoyable, and
the coming one promises to eclipse all
p1 evious ones. -
‘vAW
Boxing.
Manager Gahagan, of‘Yonkers, was
in town yesterday and stated that Jack
Fbx, who is to box Lew Webster, and
Billy Forsythe who boxes Bob. Dwyer.
are all hard at work getting themselves
into condition for the athletic enter-
. tainment which takes place atthe Nor
walk Opera House next Monday night.
The defendant cannot .
EVE’S RAMBLINGS.
COMMENT AND GOSSIP AMONG
THE WOMEN, BY .ONE
OF THEM.
There was not much of spring, gentle
spring, about it yesterday, but, never-
theless, new hats in summery trim-
mings attracted scores of women in
mackintoshes and overshoes to the Bos-
ton Store to gloat over what they will
be able to wear when skies are blue
and the sun shines warm.
Such a day as yesterday proved that
on the street there is no escape from
one or two things with the long skirt.
It must be left to sweep up and catch
from the filth of the pavement what
not only soils and spoils the garment,
but what is perhaps, a contagion, or
one, if not both hands, must be con-
fined to holding it out of the way. A
free andenjoyable locomotion is out of
the question with the care and atten-
tion required to preserve the long skirt
from contamination.
ANot many women can afford it, and
it is to be hoped not many are disposed
to make a practice of sweeping the
streets with their skirts. Not long
ago when the pavements and crossings
were covered with the besmutted sedi-
ment of melted snow, I passed a stylish-
ly dressed young woman whose skirts
swept the sidewalk and crossing as
closely as the scraper that is shoved by
thestreet cleaner. ’
What an aesthetic object that would
probably be to a visitor from some other
orb, where perhaps petticoats had nev—
er been dreamed of! What a high de-
gree of refinement and love of cleanli-
ness it might suggest as the quality of
the women of earth! Will some phil-
osopher, man or woman, rise and ex-
plain why womankind should be handi-
capped by a garment? Why she should
drag about in her activities superfluous
weight to tax her muscles and her
spinal column? Why should she. be
obliged to devote not only the lower
limbs and feet, but the arms and hands
to the necessary performance of walk—
ing‘?
And this subjection of wpmen to the
tyranny of draperies suggests other
questions. Is'her acquiescence in an
unsuitable, uncomfortable. garment a
mental as well as a physical impedi-
ment? Is it the reason that she is
represented everywhere as a class to
be absorbingly interested in gowns and
hats and styles? Has fashion really
absorbed the mental energies of wom-
en? This is not the fact, we know,
of a large proportion of the womanhood
of to-day. But why is there not a more
vigorous and persistent protest against
the intimation that woman is but a
dummy for fashion to play her tricks
upon ‘?
In the windows of tailor shops or
where clothing for men is furnished
we see the fashion plates displaying
the latest styles, as we see the same for
women in the Boston Store. But
would we not be astonished were the
GAZETTE to open upa department in
its pages of interest to men, and in—
variably illustrate by a heading of a
coat, or hat, or necktie? And we
hardly need ask if the editor would not
be astonished should alarge propor-
tion of the contributions offered for the
department by men be in regard to
the styles of hats, coats and neckties.
2W flaryétee rglgfi've.
._ ‘0 -0,-
Boxing Bouts.
All the boxers who are to appear at
the Athletic exhibition at the Opera
House, on Monday next, are sturdily at
work and prop0se appearing in the
best of trim. One of the best boxing
bouts of the season is promised.
Relief Corps Supper.
As was anticipated, there was a large
attendance at the supper given by
Buckingham Relief corps last night,
and this despite the fact that the
weather was not favorable. Supper
was served from 5 to 10 o’clock, and it
was a supper well worth more than
was charged for it: Quite a sum was
realized for the corps treasury.
. 4...._'___
BEST OF ALL
To cleanse the system in a gentle and
truly beneficial manner, when the
Springtime comes, use the true and per
fect remedy, Syrup of Figs. Buy the
genuine. Manufactured by the Cali-
fornia Fig Sprup Co. only, and for sale
by all drugg
A :-=
‘
The funeral of the late Sylvestei
Elzea will be attended from the Advent
church in East Norwalk to- mono“
aftei noon.
ists, at 50 cents per bctlte -
FAST DAY.
Governor Cooke lsSues the Annual Proc-
lamation for April 8.
Governor Cooke 118.5 155.1le $18,311)“
nual proolamation as follows:
State of Connecticut.
By His Excellency, Lorrin A Cooke
Gove1 nor. ’
. A PROCLAMATION.
“Following a custom as old as the
state and in harmony with our laws I
hereby designate and appoint Friday,
the eighth day of April next as a day
of Fasting and Prayer.
“1 recommend that the people of the
state abstain from their various pur-
suits and upon that day gather in their
places, of public worship, and render to
the Almighty God sincere and devout
homage by confession and prayer, and
especially that they do earnestly be-
seech him in the present crisis of our
country to avert war if it may be con—
sistent with humanity and national
honor.
“Given under my hand and. the seal
of the state, this twenty-second day of
March, in the year of our Lord one
thousand eight hundred and ninety-
eight, and of the independence of the
United States the one hund1 ed and
tw enty second.
“LORRIN A. COOI'E ’
By His Excellency’s command.
CHARLES PHELPS,
Secretary of the State.
‘7 Av 7‘
Darien.
Coal dealer Murphy reports doing a
good business during the past winter.
The “golden boot” still indicates
that Henry Brencher is alive to the
wants of Darienites in the shoe line.
A good audience should attend the
young blind people’s entertainment in
the Town Hall this evening.
Oliver Sloan of the Soldiers’ Home
got into the clutches of the Norwalk
police last night, but was released by
the judge this morning.
The choir of the Methodist church.
are hard at working rehearsing Easter
music and premise to render some
choice selections on’Easter Sunday.
The Kickapoo Indians will give a
week’s entertainment in ‘the Town
Hall.
Dr. White is quite popular in Darien
and is building up a large practice. 2
Darien sidewalks are being placed in
good condition for the summer, for
which the people extend thanks.
The members of the Royal social club
attended in a body the party given by
Mrs. Benjamin St. John and a good
time was had. A fine collation was
served to which all did ample justice.
———————<o.o>————
-Everybody Talks of the Klondike.
With the approach of Spi mg and the
opening days of navigation and tr ans-
~ portation in Alaska, the interest in the
wonde1ful gold mines of the Klondike
is increasing. Those of 0111 readers
who contemplate the long jouiney,
should put themselves into communica-
tion promptly with The Joseph Ladue
Gold Mining and Development Com~
pany of Yukon. This Company, which
has been organized by some of the
most prominent financiers of New York.
runs its line of steamers to Dawson
City via St. Michaels. It actually owns
some of the most valuable placer and
quartz_ mines in the Klondike. The
attention of 0m readers is called to a
statement of the (‘ ompany p1 inted 1n
this issue.
——-<o-o>———
Town Court.
Business in the Town Court was slow
this morning, only two cases coming
before Judge Gregory. James Harmer
was charged with vagrancy and intoxi-
cation and Oliver Sloan, a veteran from
the Soldiers’ Home, was also charged
with intoxication. Both pleaded guilty
and were fined $5 and execution of sen-
tence suspended.
MO-O>—A
Prayer Meeting.
The subject of the Thursday evening
prayer meeting in the First Congrega-
tional chapel to-morrow evening will
be “What are the essential truths of
the gospel? ”
..., 4...»_~—_‘
The Weather.
Clearing and colder to-night; Thurs-
day fair and colder, with freezing tem-
perature.
DEATHS
E LZEA. —-In East N01 walk, Maich :22,
S\- lvester Elzea.
EDWARDS.~—In Bridgeport,
22-, Mrs. J ulia E. Edwards,
the late Allnon B. Edwards.
HUBBELL. ——In B1idgepo1t, Ma1ch
20,Cha11es Hubbell, aged 81 mm s.
GRIFFIN. ——In Danbin y, March
Mis. Michael Gr ifiin, aged 31 yeaIs.
WALSH —In Bridgeport, March 21,
Julia, widow of the late Owen Walsh
March
widow of
. of Derby. Conn., aged 53 ysear
Norwalk Chronicler