The Courier-Journal from Louisville, Kentucky • Page 5

THE COURIER-JOURNAL, LOUISVILLE, THURSDAY MORNING, JUNE 14, 1906. 5 son of Samuel Bruner, a -farmer, rea Jd-'t lug near Glensborb, in Anderson coun- THREE KILLED BY ONE MAN LOUISVILLE LID MUST REMAIN ON T. vPaxtonj Kansas City, G. H. Paxton, -Kansas City.

Mrs. G. H. Paxton, Kansas City, P. T.

Dedman, Kansas City, Mrs. P. T. Dedman, Kansas City W. R.

Scott, St. Louis, Mrs. W. R. Scott, St.

Louis, P. Santa Paula, H. Bonta, St Louis, Miss F. Bonta, St. Louis, W.

G. Cooke, Pen-sacoia, P. Old-ham, K. O. Crane, Washington.

D. L. Daviess, Kansas Citv, M. S. Daviess, Kansas Citv.

Z. M. Davis. Vlcksburg, Miss Luckliam, Harrodsburg, S. G.

Damaree, Monroe City, W. Y. Dem-aree St. Louis. G.

W. Dungen, tobacco from his mouth the. sinking man tried to tell his name, but neither physician could distinguish "what he said. Dr. Galvln thought he muttered the name Claspy, but he was not certain.

The only other thing that the man said was that he did not know the man who shot him or what he was shot for. By this time the ambulance arrived, and the dying man was sent to the hospital. The "Woman's Story. Moseley, Bcsh'cp, Mrs. J.

T. Moseley, Bostrcr. J. Henry Mmr. Jeflerson-viile, Mrs.

Robert McCarney, Pans, P. 1C. McCarney. Paris. Mrs.

Addie Pope, Paris. 111.: Mss Anna B. Riehart, Kaption, Mrs. Gray Smith. Kansas City, Robert J.

Snyder, Xiouisville. D. S. Skillman, Case county. James S.

Shaw, Pittsburg, C. F. Shaw. Louisville, Allen "Weiver. Cleveland.

John T. Slmms, Fawsic. K. G. U.

Smiley; -Dallas, Sam T. Tyler. De Kalb, Mrs. John W. Webb, KnoxvIIle, Rev.

Mr. Norman. 13. Wood, C. It.

Wil-jnoth, Detroit, SI(cb. Boyd County. ers. Decatur, W. II.

Mathls, Way-erlev, F. B. Overall. High Grove. G.

E. Robertson. Lagrange, D. B. Rogers, Louisville.

J- M. Speak. Danville. Mrs. A.

She-nan, Bardstown, J. L. Shields, Win-tleld. Miss Sallie Shaw, Taylorsville, Mrs. J.

A. Shobe. Louisville, G. P. Stone.

Louisville. A. Shink-er. Spencer county. M.

Swope, Arensvillc. 111.: G. H. Stone. Louisville, W.

J. Suggett. Flora. D. L.

Shaw. St. Louis. Miss Ada Thomas, Washington. D.

Miss Mabel Thomas. Washington, D. Mrs. Stella- "Van Dvke. Louisville, J.

M. Wakefield, Washington. B. C. Walker.

Louisville, Miss Mav Wells. Fairfield, II." M. Young, Madison, Wis. a Taylor County. employment of these various statute may be enforced, and prevent desecration of the Sabbath, which, the good of society demands, should be observed as a day of rest and worship.

"v7e have expressed our views as above Indicated, assuming that when the Judge of tho City Court is advised by this court that the statute Is constitutional It will be his pleasure to enforce the law, and discharge his duty faithfully in upholding the Mayor and police of the city lh their efforts to do so." The Opinion la Pull. ty. He said that Bruner had been Louisville, about three years and worked at the machine shops of the Louisville Railway Company. He said that Bruner was about twenty-three years of Williams said that "Wllford Mc-Mictoel had only been in Louisville a short time, and that, he was the son oS, John McMIchael, who lives near Glensboro. McMIchael wa3 about eighteen years of age, and worked at Twenty-eighth and Walnut streets as a oar cleaner.

He said that Mc-Mictvael worked at nisrtrts and that Bruner had a holiday yesterday on ac count ot ail tne cars Deing out. sotn men, he left the boarding-house, yesterday morning, and- he had not seen them until he saw them dead. He said that he regarded the boys as not at all wild, and had never heard of them being In any trouble before. William Bruner, 1228 Fulton street. xu uitcie.

ot uie ueaa man, cauea at the undertaking establishment last night and recognized the body of hl3 nephew. He endetavored to communicate with his brother, Samuel Bruner, last night at Glensboro, but said that he thought it would be a hopeless task until this morning. He was confident that the bodies of the two men would be shipped to Glensboro for burial Efforts To Identify Man- As soon as the unknown man expired at the City Hospital the Coroner ordered his body to be removed to the undertaking establishment of L. D. Bax, Clay and Chestnut streets.

Every effort possible was made last night by-Undertaker Bax to identify the man. The report came into Central station from a policeman in the Fourth district that the man was James Clasby, who lived at Nineteenth and Rowan streets. A diligent search was made by Councilman Herman Christian In the neighborhood, but he reported that no. such man ever lied In that locality. The police did not make any further effort to identify the man.

The city directory gave the name of James Clasby with several other Clasbys who reside in the neighborhood of Tenth and Dnmesnll streets, but inquiry In that neighborhood discovered that James Clasby was alive and that no man was missing In that neighborhood. The unknown ma'n is about six and a half feet tall and weighs about 160 to 175 pounds. He has a lean face and a short red mustache. His general appearance. Is that of a laboring -man-There was nothing on his person that would lead to an identification.

A postmortem will be held over the bodies of the dead men at 10 o'clock this morning and the inquest will be held to morrow morning. Slayer Beared On Farm. Clarence Sturgeon, who is charged with the triple murder, has not been a resident of Louisville long. Since coming to Louisville he has been In the employ of Grainger Co. In structural ironwork.

It is formerly said, that he ran on a railroad train as a news butcher. He Is" the son of a farmer of Marlon, county. His brothers, George and Edward, who also work as machinists, called at the Jail and had a conference with their brother last night. They remained only a short while. They retained William Sw-eeney, formerly of attorney for their brother.

Mr. Sweeney said ie knew his client's father well, and did not think the case was as bad as It Daisy. Jackson, over whom the bloody tragedy seems to have occurred, seems to be about eighteen or nineteen years of age, came to Louisville from Mt Sterling some time ago. She said that she was: only staying in the house at 431 Eleventh street during the absence of Minnie Allen, who was row on a visit in Illinois. She S3ld she had only known Sturgeon a short time, and had no idea that he intended kill the men' when she left the' house to get some supper.

OF OLD HOLD PRIVATE BJJUXi U)X 'V' THEIR OWN A3? ABKtOBT. Boyle County Headquarters Made Meeting Place for Former Students At CoUegs. Proud of their alma mater, thirty-nine graduates ot "Old Centre" registered their names, the class with which they were graduated and their fraternity; "just," one remarked, "as we used to write them In our text-books at the dear old college," in a part of the Boyle county register reserved for them by Commissioner "Vernon. Profuse were the greetings and many were the handshakings as each alumnus of "Old Centre" inscribed his name. Many more of "Old Centre's" sons are expected to register to-morrow when It becomes known this form of reunion has been planned for them.

The following registered yesterday: S. T. Payne, Ellzabethtown, Ky class, of '86: Emmet F. MeElroy, Kansas City, class of '9T, Sigma Chi; "Huss" Kinkead. Louisville, class '01, K.

Patrick Joye3, Louisville, class of 02. Sigma cm; w. veraon Richardson, Danville, class of "97, Beta Theta PI; Dr. Hart Goodloe, Danville; Ward Goodloe, Danville, class of '98; Jesse Embry, Danville, class ot '02, Beta Theta Pi: G. D.

Craia, Louisville, class of '04; F. G. Cheek, Louisville, class of '76, Beta Theta Pi; R. G. Evans.

Danville, class of '67, Beta. Theta PI; J. P. Pettus, Louisville, class of '62 P. Alexander, Campbellsvllle, class of '67, Sigma Alpha Bpsilon; Joseph D.

HarWns, Prestonburg, class of '04, Beta Theta Pi; Clem J. Whitmore, Mayfleld; J. V. Tyler, New York, class of '98, Sigma Chi; Henry S. Hale, May-field, Phi Delta Theta; S.

Bowroer, Louisville, class of '32, Phi Delta Theta- A. R. Dunlap, Louisville, class of '05 Phi Delta Theta; R. M. Fisher, St.

Louis, H. W. Bowman, Louisville; K. Jones, St. Louis, John Marshall, Louisville; Edwin R.

CurryrKan-sas City, class of '91, Phi Delta Theta; Dr. H. C. Woodward, Louisville; Allen Bush, Harrodsburg, class of, '98; Nathan B. Woodcock, Chicago, Andrew F.

Evans, Kansas City, class of -'87, Sigma Chi: C. T. Shelton, Denver, Leonidas Redwlne. Jackson class of '00: W. R.

Shelby. Grand Rapids, class of '86; R.F. Gregory, Louisville, class of '62: Ben "Washer, Louisville, class of '01: F. Eastland, Louisville, class of '02; "Wra-lam Mordecae. Normal, class of o4; H.

M. Spencer, class of .98, Kappa Alpha; R. C. Logan, Louisville, class of '05, Beta Theta Pi; Lewis W.Green, Louisville, class '00, Kappa Alpha, and H. B.

Flem. Louisvilla. GiaM of '05, Sigma Alpha. Epsllon. ATTEMPT TO DESTROY HIGH SCHGOL FLOAT.

Watchman Frustrates Three) At tempts By Unknown jioys. Three attempts made-last by some unknown persons to destroy the High School float, which wa3 irv tno-cMrv-vard -at: the The war.cnman wiiu iiuu ucc by the bovs about V) o'clock discovered three or our 'flgurr! going toward tha float. He Intercepted them and drove them away. an holrr Sacar the same boys-appeared again, armed: hatchets and saws ana agaljr the lntf orr-l -A "little after i WJW5 TTlnjii- destroy" the but it was again r. nv ntv.

where -they came iron Is the -watchman describes; then as til being-half-grown Clarence Sturgeon Shoots With Deadly Aim. Every Bullet Fired Finds Human Target. One Victim Unidentified At the Morgue. SELF-DEFENSE IS CLAIMED. THE KILLED.

W. Ira Bruner, 2424 Rowan street Wllford Mcllichael. 2124 Rowan street. Unknown man. forty-five or fifty years of age, six and a half feet tall, weight about 160 pounds, slender face with short red mustache, trjro upper front teeth -broken.

With a long, blued steel revolver tightly gripped In both hands, Clarence Sturgeon yesterday afternoon shot to death W. Ira Bruner, Wilford Mc- Mlchael and1 an unknown companion of the two men in front of 431 Eleventh street, the residence ot Daisy Jackson, a woman with whom Sturgeon had become infatuated. Sturgeon emptied his five-chambered pistol, and for a mo ment stood looking at the men whom he had shot. He then turned and deliberately re-entered the house. The three men ran to the corner ot Jefferson street, where they fell In a heap, Bruner and McMIchael dead and MAN WHOSE ATM ENDED THREE HXTWAN LIVES.

CLARENCE STURGEON. the unknown main in a dying condition. Physicians were summoned im mediately, and they said that "the un known man could not" live. The am bulance was hastily summoned, and he was taken to the City Hospital, where he die ten minutes after he had been placed on the operating table. "Within five minutes after he had shot the three men Sturgeon was arrested by Patrolmen Gannon, Kimble, Gagan and Sergt.

Sullivan, taken to the county jail and locked up on the charge of murder. Details Hard To Get. An air of mystery surrounds the triple tragedy from the fact that so few saw the shooting. In fact, R. P.

Sohn, a tailor, who has a shop at 445 Eleventh street, was the only man who seems to have seen any of the shots fired that UNKNOWN MAN. proved so deadly. Patrolman Gannon, who was standing at Eleventh and Jefferson streets, heard the shots, but only saw Sturgeon re-entering the house and the men fleeing down the street. Daisy Jackson said she did not see the shooting, and Sturgeon declares that he killed the men in self-defense. Morbid Crowd Soon Gathers.

Within five minutes after the shooting had occurred a crowd of several hundred people had gathered at the house w-here the tragedy took place and at Eleventh and Jefferson streets, where the men fell. Dr. J. W. Galvln, Dr.

F. L. "Wilhoit and Dr. A. G.

Allen were soon on the scene, but Bruner and McMIchael were dead before they arrived- It was found that Bruner was shot through and through, the ball entering just below the right arm and coming out on the other side. McMIch ael was shot twice, the balls entering the breast. The unknown man. appeared to have been shot In the back, the ball coming out In the stomach. Dr.

Galvln and Dr. Wilhoit at once went to work on the unknown, man, but saw that death was only: a niatter of a few moments. Dr. Galvin endeavored to get an expression from the dying telling him that he could not live over twenty- minutes. Dying Man Tries To Talk.

After the physician pushed a quid of WW Unanimous Action of Court of Appeals. Declares Section 1303 Constitutional and Enforcable. Refuses to Require Redocket- ing of Cases. MATTER UP TO JUDGE M'CANN, Frankfort, June 13. Special.

By unanimous action the sis sitting Judges of the Court of Appeals to-day declared the section, 1303, of the -Kentucky Statutes, under the provisions of which saloonkeepers of the city of Louisville have been directed by proclamation of Mayor Barth to keep their places of business closed on the Sabbath, to he constitutional, and enforcl-ble. by divided court, three Judges voting one -way and three another. Judge Cantrill not sitting, refused to grant the prayer of a petition filed In the name of the Mayor that Judge John McCann, of the Police Court, be required to redocket a number of cases which he had dismissed on the ground of unconstitutionality of the section above named. In its opinion, announced by Judge Settle, the court assumes that, upon its advice, Judge McCann will with pleasure enforce the law and discharge his duty. The Judges were divided in opinion as to Jurisdiction of the court here to grant the writ prayed for in the petition presented.

The Points Made. The opinion of the court, disposing of the petition and motion before it, is most comprehensive, meeting every point made in the opinion of the Police Court Judge declaring the section of the statutes In question to be unconstitutional. The points-of the opinion are gleaned as follows: "In our opinion the constitutionality of Section 1303, Kentucky Statutes, is altogether free from doubt "The fact that there are two separate offenses denounced In the statute does not make It unconstitutional. The keeping open of a barroom on Sunday for the sale of liquors Is one offense, the act of selling the other, and each sale made on Sunday constitutes a separate offense, for which a separate arrest and trial may be had. "There is no ground upon which to rest the contention that there could be no arrest for the violation of the statute in question except upon a warrant sworn out before the Judge of the City Court, or that he could in his discretion refuse the warrant.

Any peace officer may, without a warrant, make an arrest for an offense committed In his presence. Question of Jurisdiction. "The jurisdiction of the Police Court of the city of Louisville to try and punish violators of the Sunday statute cannot be questioned, for by Section 2913, Kentucky Statutes, It is given power to impose such fines and penalties as may be prescribed by the statutes of the State. "The fact that the Commonwealth has no right of appeal in prosecutions under this statute ought to make the Police Court the more careful to enforce it "Prosecutions under the statute may also be proceeded with by indictment and trial in the Criminal division of the Jefferson Circuit Court. "The County Judge of Jefferson county and all Justices of the Peace of the city of Louisville are, by the Constitution, made conservators nf the peace, and are, by statute, given Jurisdiction to enforce this statute and punish those who violate Its provisions.

"The Sheriff, his deputies and constables of the county of Jefferson are also clothed with the same- powers possessed by policemen to make arrests for offenses against this statute. "It Is manifest, therefore, that by the Hall, Indianapolis, Roy Hays, Rochester, Ky. Will Hays, Rochester, George Harreld. Morgantown, Sank Harreld. Morgantown, Grady Harreld, Morgantown, E.

B. Mc-Kenney. Louisville, Miss Grace Kuykendall, Morgantown. Mrs. Cal-11a Lamastus, Bannock, Ky.

C. M. Mc-Gown, Chanute, Mrs. Corinne C. Morehead, Morgantown, W.

A. Mandy, Rochester, W. P. Morgan, Trinidad, H. L.

Meyers. Rochester, Mrs. H. L. Meyers, Rochester, H.

P. Morehead, Morgantown, Dr. T. McKenney, Beaver Dam, K. J.

McKenney, Louisville, O. H. Neel. Morgantown, John T. Neal.

Washington, J. E. Oiler, Morgan-town, Ky. Aaron Buss, Honaker, Va J. B.

Render. Louisville, Mrs. J. B. Render.

Louis-ille, Ky. J. R. Walker, Rocky Hill Station, J. T.

Rives. Morgantown, F. M. Snodgrass, Morgantown. Dr.

F. M. Sherman, Brooklyn. Thixton Smith. Rochester, Miss Edna.

Smith. Morgantown, Charles E. Smith. Morgantown. the Rev.

S. J. Thompson, Louisville, Stanley Thompson, Louisville, Ky. M. D.

Tipton, Rochester, Ky. M. H. Thatcher, Louisville, Ky. KcCracken County.

Miss B. Allen, P. M. Buckley, Paducah, Miss Marv Case, Paducah, J. L.

Cochran, Paducah, W. E. Cochran, Paducah, Mrs. W. E.

Cochran, Paducah, T. Cob-win, Paducah. Mrs. W. L.

Davis, Columbia, J. Derlg, Paducah, E. Epskln, Paducah, C. M. Epskln, Paduca-h.

Miss Clara Givens. C. Harkef, Paducah, Miss -Mary Halss, Paducah. Mrs. J.

JL: Hirsch, Jackson, J. Man-ford, Louisville, Miss L. Manford, Paducah, T. Pike, Paducah, Mrs. T.

L. Roeder, Paducah. Ky. T. M.

Ryan, Mastln, Mrs. J. S. Spunner, Paducah; Mrs. A.

J. Spahroe. Boonville. L. Staff, C.

N. Smith, Louisville, Miss Annie Baylor, Paducah, Ky. Mrs. A. Whayne, Pueblo, Mrs.

Hal Walters, Louisville, Ky. W. S. Forsythe, P-aris, Mrs. U.

II. GlODons, las summit, iviiaa iti. nuu- son, Talmage. T. J.

Hudson, TaJ-mage. Mrs. J. L. Hawkln, Danville, A.

R. Harvey. Louisville, J. M. Herndon, Dlgleton, Miss M.

Jarvis, Newport News, Miss K. Jarvls, Kansas City, Mrs. J. N. Kiuger.

Las Summit, L. B. Lvn. Walker, W. S.

Mann. Louisville, G. A. McAfee. Parkvllle, J.

R. Morgan, Minneapolis, Mrs. M. McAbee, Chicago. W.

B. McDonald, Savannah. Mrs. W. B.

McEver, Terre Haute, J. V. Norton, Franklin, J. M. Overstreet.

Kansas City, S. Prather, Louisville, G. Patterson. Petersburg. D.

Patterson, Harrodsburg, Miss Mary Patterson, Petersburg, G. A. Phillip, Mt. Washington, Y. Qufnn.

Paris, A. Ryan. HarrisonviHe, Miss C. Robinson, McAfee. R.

Ressing-er. Louisville, L. M. Rue. Harrodsburg R.

L. Robards, Lukon, I. Mrs. S. J.

Robards Olney, S. Scruggs, Fallen. 111.: G. R. Scruggs Mooresvllle.

J. L. Sweeney. Rushville, Mrs. Stoner.

Greeucastle. Mrs. A. J. Swope.

Greencastle. G. T. School-field, Bergin. J- Struer Chicago.

Ill L. Sutherland, Philadelphia, J. N. Leaten. Newport News C.

F. Vanarshall, Harrodsburg, O. P. Vanken-ille. Harrodsburg, c-Wright.

JeffersonviHe, J. Wester-field, Elkridge, C. H. Young, Kansas City, Mo. Metcalfe County.

E. Coleman, Glasgow, J. Franklin. St Louis, G. R.

Grunstan. Flasseity, Miss Sarah Glass. Edgar, lit; Eugene Gassoway, Windsor. E. D.

Gilt Milbun, I. Miss Laura Greeker, Sulphur Wall, G. D. Grinsteud, Humboldt J. L.

Henry, Boonville. Mp Mrs. J. a Henry. Boonville, Miss May Hamilton, Elmonton, Ky.

Hamilton, Edmonton. Ky. J. Halliman, Edmonton, L. Langford Hess, H.

Murray. Goodletsvllle. J. S. Murrav, Goodlettsvllle, T.

A. Martin Center, Mrs. A. B. Mclvenney, Louisville, -Miss Florence Gregory.

Louisville; W. S. Berry. Miss Varence Berrj-, Louisville, Berrj'. Louisville, W.

E. Mc-Candless, Edmonton, Ky. L. B- n-Edmonton, W. Palmore, Hulls-boro.

Miss A. E. Ray. Dallas, Tex Revnolds, Waycross, Ga. J.

Hejicj, Humboldt, C. N. Sherfey, C-lencoe, Spendle, LoulsA-ille. r--Jt E. Sluley, Salem, Neb M.

C. Scott. Edmonton. U. D.

Thompson. St. Louis. Miss M. L.

Taylor, Louisville. Mrs. D. C. Tliompson, Varren, i.

V. A. Walking, Apache, O. J. A.

Wliite, Edmonton, S. Volklnson, Humboldt Wilkinson, Louls-vlne? kT; Miss' M. Wheat Eon Kv Yates, Kansas City, Jbo-. Miss Yates, Kansas City, Montgomery County. H.

Anderson, Mt. Sterling. Ky W. Anderson. Mt.

Sterlng, Miss Alice Apperson, Mt. Sterling A. H. Anderson. Indian J.

Berry, Mt. Sterlfng Miss M. A. Busch, Kansas City H. Bulford, Mt.

Sterling, MisV B. Chiles, Mt Sterling, Kj J. Corbett, Little Rock, B. Cock-rell, Cumberland Gap, A. M.

Collins, Muskogee, I. K. S. Clinkenbeard, St Lcuis, T. B.

Donnohue, Green Ridge, G. M. Brown, Denver, A. s. Faulkner, HUlsboro, Ind; Hillsboro, Ind; R.

Faulkner HUbbo ro, Ind; Miss Man" Gatewood, Mt. Ster ng, Miss Anna Gatewood, Mt Sterlln, T. N. Gozzell. Clifton Hill.

S. Greene, Louisville, Ky. E. -W. Hau-lene, Lamont, Mo.

L. Markaway, Winchester, H. A. Henry, Mt Ster log. Miss A.

Johnson, Mt. Sterling. Iv5 B. Kinsolving, Mt Sterling, vv. Means, Lamont.

Mrs w. u. Means, J. S. Mann, 10-ronto, Miss B.

Mullen Paris IIU Miss J. Mullen. Paris, U. P. ich0.

Lees Summit, A. S. O'Rear, Kansas Citv O. S. O'Rear, Kansas City, Miss C.

O. O'Rear, Kansas City, Miss E. Peck. Rusboelle. S.

t. Peck Rusboelle, C. Russels, Sedalia, 111 R. Rogers, Memphis, Miss K. Rougold, Burlington, S.

C. Reegena, Kansas City, F. F. Rogers, Mt. Sterling.

J. S. Stephenson, Calhoun, Scott, St Louis. Mrs. W.

G. Scott, St. Louis, G. W. Schlegel, Atlanta, C.

R. Turner, Paris lit, W. Turner, Mt. Sterling, H. C.

Turner, Mt. Sterling, J. S. Turner, Mt. Sterling, J.

W. Trimble, Mt. Sterling, Mrs. R. Trimble, Mt.

Sterling R. M. Trimble, Mt. Sterling, Miss Mary R. Trimble, Mt.

Sterling, Kv R. W. Trimble, Mt Sterling. Ky Tyler, Louisville, J. P.

Mt. Sterling. H. Wyatt, Mt. Sterling.

M. O. Wood. Mt. Sterling Mrs.

M. Wheeler, Kansas City, Mo a' J. Wx-att, Madison, G. J. Wvatt, "Madison, W.

G. Williamson, St' Louis, F. E. Williamsoa, St. Louis, L.

D. Easlee, Louisville, J. R. Young, New Orleans, Ky. Monroe County.

Allen, Louisville; A. Brown, Liberty, Mo Mrs. J. D. Buikene, Lexington, Battley, Pawnee, Ind.

H. S. Bushong. FoTkton, H. Bowies, Etaile, D.

M. Capers, Omaha, R. N. Evans, Tompkinsville, J. T.

Evans, Tompkinsville, J. T. Groves, Tompkinsville, I. S. Hamilton, Hillsboro, J.

B. Hutchens, Tishomingo, Ind S. F. Jenkins, Queen, F. H.

Jones, Mountain Peak, Ind. Jones, Athis, Ind. Miss A. Jones, Athis, Ind. Miss Sallie Knighton, Tompkinsville, Ky.

C. Kiel-well. Peculiar, J. E. Leslie, Tompkinsville, J.

R. Leslie, Tompkinsville. D. Longfield, Hess, J. G.

Maxey, Louisville; L. C. Mayes, Webb Citv, A. L. Mayer, Webb City, Mrs.

S. K. McBride, West Lea, Miss Ada McKiney, Louisville; W. H. Newman, Louisville; Mrs.

H. Newman, Louisville, W. Palmore, Hillsboro, V. Payne, Milan, W. S.

Petuch. Pueblo, D. Paynes. Meekin, O. L.

Railey, Forkton, J. F. Savens, Harrisonvllle, C. C. Smith, Tompkinsville, D.

Simms, Paris, T. F. Leary, Louisville, E. Leary, Bonham. W.

J. Leary, Fountain Run, W. Leary, Louisville; I. Shelly, Weldersburg, Miss May Taylor, Louisville; G. Sherman, Mudlick, J.

W. Vaute, Indianapolis, Miss M. Waller, Omaha, Miss E. Paidlkey, Rocky Hill, S. Tliompson, Louisville; E.

Jokely. De Land, J. W. Newman, Versailles, Bracken County. G.

C. Anderson, Abilene, Everett T. Dlx. Louisville, C. L.

Evans, Faola, -Aaron Gallagher, Mt. Vernon, Dr. James B. M. Hannah, Addystone, O.

Hewitt Hannah, W. Gregg Hutcheson, Telluride, Colo; Charles Hutcheson, Frankfort Ky. Miss Sue Taylor Mrs. Jesse M- Taylor, Bowling -Green, John A. MIngua, Chicago, A.

O. Pepper, Abilene, Kan. L. Peddicord, Bradford. Mrs.

F. L. Peddicord, Bradford, V. S. Price, Miami.

I. Price. Miami. I. Jessie Rogers, Warrensburg, Mo.

Mrs. M. H. Rogers, Warrensburg, Miss Virginia Shepard, Ironton. P.

Spencer, Louisville, F. P. Thomas, Arkansas City, Mrs. M. H.

Taylor, Bowling Green, Kv. Mrs. Mary E. Waters. Pueblo, Colo.

Miss Claudia- "Waters. Pueblo. Colo. Sol Wolf. Brooksville, Helolse Wolf, Brooksville, Ky.

Butler County. P. Brown, Narrows, Va. W. H.

Basham. Rochester, Ky. H. C. Beaslev, Morgantown.

A. T. Dockery. Mof-gantown, E. C.

Kuykendall. Morgantown. B. R. Bloxman.

Morgan-town, H. Rives, Morgantown, Mrs. H. Morgantown. W.

O. Belcher. Greenville. H. G.

Evans. Bonham, S. T. Cook, Bannock, C. H.

Crabb, Bannock. Mrs. Bannock, G. G. Crabb, Louisville.

Otto Crabb. Louisville. Ky. Owen Daughertv. "Caney-ville.

V. R. Dockery. Brooklyn. Mrs.

Otie Dunavan. Morgantown. Kv. Miss Hermla Dunavan. Mdrgantown.

F. M. Embry. Brooklyn. Kv.

Gillespie Embry, Brooklyn, A. Fenley, Louisville, Mrs. Leila Fenly, Louisville. Mrs, R.M- Fenly. Morgantown.

Glenn Fenly. Louisville, Newton Flener, Bannock. Dr. R. L.

Glascock. Brooklyn. Mrs. Addle Howard Edmond. O.

J. A. Howard, Morgan -town, B. Morgantown; Miss Mae. Helm, Morgantown.

Mrs. J-: E. Harreld, Morgantown, T. N. Harreld, Morgantown.

-W. Daisy Jackson, at whose house the killing occurred, was arrested shortly-after the shooting and brought to police station, but was given her liberty on the ground that she knew nothing of the shooting. She said that -Sturgeon came to her house shortly after noon, and that as she was seated near the window talking to him four men passed. She said they stopped and one of them grabbed at her and said that he was going to pull her out of the window. She said this angered Sturgeon.

The men finally passed on, W. rRA BRTJNER. she said. She said she left about 4:30 to go to a nearby house to get her supper, and while there she heard the shooting. She said that when she reached her house Sturgeon had been placed under She also made the statement to Pa'trolman Gannon that she believed that Sturgeon would have killed her had she been In the house after he had killed the men.

She said that they bad quarreled a day or so ago, and that she was inclined to believe ttiat Sturgeon was jealous of her. Prisoner Unconcerned. Clarence Sturgeon was seen at the jail last He was coolly reclining in his cell when seen by a reporter. He arose and said that he thought he had talked to enough reporters, but he was finally induced make another statement, wheh in terms corroborated the statement made to Acting Chief ot Police Patrick Ridge after he had been arrested. He said that he liked the Jackson woman, and up until last Tuesday he had boarded with his Brothers, George and Edward Sturgeon, who live at Seventh street and Broadway.

He said that he worked on tne Paul Jones building yesterday morning, being In the employ of Grainger Co. Said he: "After dinner I went to the home of Daisy Jackson. Some time after I ar rived four men passed by the house and one of them attempted to pul Daisy out of the window: Tney weTe talking in a threatening manner and I advisea WILFORD M'MICHAEL. that they attend to tnelr own business. Eour Men In Party.

"Late In the afternoon Daisy had left the house and the four men returned. Thev began to swear and threaten to batter the door in. I told them to wait until I got out and they could come in. At this I picked up the pistol and started out the door. As I came onto the pavement one of the men said: 'Let's kill the "As the remark made all appeared to be reaching for their pistols.

I began firing and did not stop until my pistol chambers were empty. I went back Into the house and was preparing to load my pistol when an officer entered and placed. me under ar rest, I did the killing In self-defense. I do not know the men." Holds Pistol In Both. Hands.

R. P. Sohn. the tailor, who has a shop at 455 Eleventh street, said he heard a shot and went to the door. cnM ip looked ui the street and saw a man standing holding a plstof in both hands, firing at a bunch of men who seemed to be ten feet from him and backing away.

I at once shut the door and did not venture out until the excitement had died away." Patrolman Gannon, who was the first patrolman on the scene, said: "I was standing at Eleventh and Jefferson streets, not far away and heard the five shots that were. fired in. rapid succession. I saw three men running down the street toward Jefferson street and saw Sturgeon entering the I rushed over and placed him under arrest, at the same time taking the pis-tor out of his hand, which he was In the act of reloading. I could gather but little as to what caused the Who Is Fourth Man? A no ft tf tVlPPfTflir is that Sturgeon and Daisy Jackson assert that ii fnur mon in the snm.

but nothing has been heard of a fourth man At -least it mere waa u. wmm man he has never had the courage to clear up the Identity of the un known dead man. ii The bodies ot vv ira rsruner miu "Wllford McMIchael were ordered taken pstAhllshmpnt of John B. Ratterman. 1119 West Jeffer son street.

Tne Doaies were iisver luiu Identified until about o'clock Thrt a finn of an street, appeared at the undertaking jw ihbiicij nmor ond McMIcihael as two men who boarded' at his house. Had Good Reputation. He said that Ira Bruner was the JB. J. Appleton, Ashland, Ky.

E. Adams. Adrian. Leo Frank. Jean-ette, La-: Robert E.

Barker. Kansas City. Mrs. Laura M. Barker.

Kansas Hugo Griss. HuntlnEbiirg. R- C. Davis. Ashland.

Goad Drusllla. Boonville. Miss Annie Haney, Normal. Anna G. Kerr, Kormal.

John Montague. Catletts-burg. Mrs. James S. Martin.

Salem, Miss Daisle M. Martin. Salem. T. D.

McCuteon. Parsons. William G. Ross. Dawson, William H.

Settle. Ashland. Mrs. Nancy Settle, Ashland. Miss Sarah G.

Settle. Ashland- J. B. Thompson. Westun.

JIo. D. K. Woodruff. Kansas City, Kan.

Lawrence County. C. Cook. Louisa, W. M.

Gar-red, Centervllle. Charles R. Hol-brook. Biaine, Charles L. Graham.

Louisa. E. P. Langiey, Hoboken, K. Mrs.

J. Sneer, Downs. J. Speer, Downs. Raymond Speer, Downs.

James Speer. Downs, Tilden Samples. Boonville, James B. Thompson. Western, J.

H. Van Hoose, Webb City, Mo. Boyle County. W. W.

Andersonfi Linwood, T. J. E. Alley, Danville, M. Burdett, Washington, D.

Mrs. Sadie Barnes, Co lumbia, J. w. rseinej, uainJuc J. W.

Bell, Greenville, Mrs. R. D. Bruce, Danville, George Burdettc, Chicago, Mrs. George Burdette, Chicago, William Burdette.

Chicago. Marv Babny. Danville. Ky. John 1.

Cosbv, Cincinnati, James Cuppage, City, O. B. Caldwell, Springfield, Mrs. O. B.

Caldwell, Springfield. C. W. Cribbs. Kansas City, Miss Saroh B.

Cecil. Danville. Mass Annie McDowell. Danville, C. E.

Clarke, Belton, Mrs. C. E. Clarke, Belton, Mrs. A.

Loonis. Danville, Henry M. Loofils. Danville, Mrs. W.

B. Cecil, Danville, J. C. Cheek. Danville.

Mrs. Granville Cecil, Danville, Fred Clayton, Bhelbv Citv. Jesse Embry, Danville, J. B. Cogar.

Danville. A. B. T. Caldwell.

Danville. J. C. Davis. Danville M.

M. Durham. Danville. J. W.

Davis. Danville, Howard W. Eastland. Danville, Jesse YV. Em-brv, Danville, Mrs.

J. W. Embry, Danville, A. F. Evans, Danville, Kv.

S. M. Caldwell. Jesse Embrv, Danville. Miss Mayme A.

Fisher, Detroit, Miss Alice Fisher, Detroit, Mrs. S. R. Ford. St.

Louis. Mrs. C. Frakes. LouijvilW.

Ward Goodloe, St. Louis, James Gregorv, Louisville. James F. Givens. Danville, J.

T. Adams. Montgomery, W. H. H.

Gentry, Lexington. Miss Elizabeth Green, Perrvville, II. T. Gray, Perryvilie. H.

T. Gray, Perry vine, Hart Goodloe. Danville, E. II. Greg-orv.

Moss Point. John W. Jeffries, Danville, Clarence Jeffries. Danville Henrv Hamilton. Dallas, Miss Anna Holland.

Washington. K. Humphrey. Danville. Mrs.

1. Hall. Decatur, Mrs. W. Y.

Davis. Louisville, Miss Marie McConnell, Danville. Miss Rebecca Grist, Danville William Hope, Kansas City, John Hackney, Louisville. Breckinridsre Jones, St. Louis, Miss Sarah Logan.

Danville, Mrs. G. C. Lamev, Kansas City, R. I.

Lytle, Danville, Mrs. Annie Montgall, Kansas City, Eugene Mock. Champaign. Robert Mobley. Chicago.

111., W. McGraw, Princeton. Mrs. J. W.

McGra.w, Princeton. W. C. Mc-Cartv. Indianapolis, C.

R. McDowns, Danville, R. M. McFerran. New Orleans G.

C. Prewltt, Danville, G. Prewitt, Perryvilie. Mrs. F.

E. Montgomery. Perry ville. Ky. G.

Pipes, Brumfield, A. H. Rice, Louisville. Mrs. A.

H. Rice, Louisville. Wl R. Rice, Louisville, Mrs. R.

Rice. Louisville. Elmer T. Rav. Parksville.

E. S. Russell, Breckinridge, J. L. Sweeney.

Rus i-ville C. F. Shelton, Denver, Col. c' Shepard. Pittsburg.

Miss Ethel Sutr wlunika. O. T.1 M. Sinkhorn. New Albany, F.

M. Shelter, Inde-itA(i F. A. gender. Danville, Ky.T Jennie B.

Iv.v,;. L. Trosper, Breckinridge, Miss JMlie Trosper. Breckinridge. Tillie Trosper, Breckinridge Mo S.

alden Butler. David. White. Mp. Fred Webb.

Danville. Mrs. Fannie Cribbs, Kansas City, Miss ImOgene Henderson, Louisville. Trigg County. Ed Edwards, Charleston.

T. H. Fu-mia Canton, Charles Josberger, ChirlSton E. B. Lindsay Elkton Kv K.

Lawrence, Frankfort Lindsay, Stanford. Tex C. B. SIcKenzie, Los Angeles. Cal Miss Laura Los Angeles, Robeit L.

McKenlie. Los Angeles, ss Doro-thv McKenzle, Los Angeles. R. B. Bizemore, Clinton, Tex W.

C. Sujnner. Pomona, B. C. Sizemore, Clnton, TJnlon County.

T. Bohannon, Los Angeles, Mrs'. T. C. Blackwell.

Louisville, T. H. Churchill, Madison. Tippa Coleman. Louisville, J.

C. David, Lnion-town, Mrs. H. M. Harris, Morgan-field, W.

J. Grunmell. Morgar.field, Ky J. "Goodwin, Uniontown, Ky. E.

Jew-ell, Trov, Mrs. E. W. Jewell, Troy, Mrs. M.

Ledbetter, Uniontown, E. Mattingly, Uniontown, Mrs. Frank Millett, Louisville, W. Shoe-macker, Morganfleld, N. T.

Taylor, New Decatur, F. A. Ulen. Corydon, H. E.

Walker, Morganrield, Jlrs. H. E. Walker, Morganlield, K. Waller, Morganfleld, J.

C. Whitnev, Kansas City, T. B. Miller, Morganfleld, Mrs. H.

M. Harris, Mor-winfield, Mrs. Ellen Gelger, Mori: afield, Ky. Todd County. T.

H. Buston, Elkton, Miss Annie lEtowliag, Louisville, Ei Edwards, St. Joseph, Hill. Elkton, J. Malloy, Elkton, Miss Pollie May-aaard, Elkton, Miss Bonnie McKen-ney, Elkton, Mrs.

J. L. -Orr, Allens-ville, Russell Orr, AllensvlUe, Mrs. H. H.

Showers, Trenton, Henry I. Tundy, Todd county, J. T. Alexander, Campbellsvllle, K. V.

Abram, Campbellsville, Mrs. J. C. Bevy, Karbel -Humboldt, Miss L. Check, Campbellsvllle, W.

S. Cloyd, Campbellsvllle, K. H. Campbell, Camp-bells ille, Mrs. R.

B. Chandar, Highland, R. Chandar, Highland, Kan; aiiss A. B. Dunham.

Salome, Mrs. J. R. Dunham, Campbellsvllle, C. R.

Fleece, Campbellsville, J. T. Ford, Washington, D. A. Fisher, St Louis, W.

R. Godlcy. Walton, W. L. Geeftons, Montgomery City, M.

Hubbard, Scottsburg, Mrs. L. G. Hill, Campbellsville, Curd Haskins, Campbellsville, Martin Hubbard, Union City, 111.: R. D.

Sanders, Louisville, Mrs. R. D. Sanders, Louisville. L.

Sharp, Kansas City, W. B. Sa-crey, Cookville, H. H. Steger, Louisville, S.

C. Sytnpson. Qulncv, J. A. Sympson.

Harrisonvllle, J. E. Banders, Rochester, T. J. Smith Spuriingrton, Ky.

R. H. Turner, Campbellsville, J. F. Torce, Washington, D- L.

H. Tucker, Independence, Kan, Spencer County. Miss Ida M. Cartin. Normandv, Kv.

H. S. Pike, Macon, Mo. Mrs. Thomas Spenoer county.

Mrs. Elsie Mahoney. Spencer countv. R. Gilbert.

Louisville. TV. H. Mathers, Waverley. M.

D. Brown, Fairfax, Miss Kathrjn Brown, Fairfax: Mrs. M. D. Brown, Fairfax.

Minn L. Bennett, Savannah, Mrs. Block, Flora. J. L.

Bennett. Savan-w11'. 5f-J -Sre- M- TBeInett Savannah, Mo Bennett, -Louisville, J. Burton. St Louis.

B. Black Cainppells-i-llle, S. J. Crutcher, nP-f, Wi Louisville, tP-J. Dougherty, Fa rmersburg, Ind B.

T. Estcs, McKlnney, Mrs Gash. St Louis, Mrs. J. Grove Mrs.

VJ H. Hughes. Dallas Mrs. W. B.

Helm. LoStsviileT iSv E. Harrard, Cincinnati. Cincinnati, Miss Kate iSr-court. Louisville.

H. J. Hal! St Louis. Miss S. J.

Hall. St LouK Miss Carrie Hall. St Louis Mo Dr Sail lie Jefferson ville. Mrs T. M.

Murphy: Jerfersonville. Ini-' u-u---New IorK City; Mrs. S. Kingston. Waverley.

C. JL Math P. M. Alexander, Campbellsvllle, M. W.

Alexander, Campbellsville, Allen Clint. Williamson, B. T. Black-, Campbellsvllle, J. B.

Buchanan. Campbellsville, C. B. Buchanan. Campbellsville, A.

D. Bleden, Campbellsville. J. E. Bass.

Campbellsville. F. H. Buchanan. Campbellsville.

J. D. Check. Lexington. Mrs.

D. A. Cox. Drexel, F. Cox, Drexel.

W. T. Eider, Atchison. E. A.

Ford. Louisville. M. Hubherd. Scottsburg.

D. A. Hatcher. Campbellsville, J. R.

Holson, Campbellsville. T. E. Patterson, Campbellsville. Len Caldwell.

Campbellsville, W. I. Mader. Campbellsville, O. M.

Munn, Campbellsvllle, L. J. Massy, Vernon. W. S.

McWharton. Campbellsvllle, W. E. McWharton. Campbellsvllle, W.

W. Odewald. Spurlington. C. B.

Ram-sov, Appleton Citv, R. A. Sanders. Campbellsvllle. Paul Scott.

Campbellsvllle. W. W. Taylor. Campbellsville.

Mrs. C. R. Underwood. Miami Station.

C. R. Underwood. Miami Station. B.

Vaughan, Louisville, J. Edgar Williams, Campbellsville, Ky. Simpson County. I Mrs. A.

A. Adams, Cincinnati, C. R. Belliel, Franklin, W. E.

Bruce, E. Brvant, Franklin, T. J. Clark, Charleston, J. P.

Camp-boll. St. Louis, V. Chapman, Portland, Mrs. V.

Chapman, Portland, Mrs. S. R. Chambers, Sherman. Miss Essie Chambers, Sherman, Miss Louise Chambers, Sherman, W.

R. Chambers, Sherman, II. T. Chambers, Sherman, S. L.

Chambers, Sherman. J. L. Caldwell, Seattle, Miss M. Crowe, Franklin, W.

Da-wson, Franklin. H. Deane, Lakeland, Mrs. H. J.

Deane, Lakeland, W. C. Downs, Odessa, J. H. Duncan, Odessa.

"Mrs." J. H. Duncan. Odessa, W. H.

Dllla. "Louisville. W. J. Ernst Lu Rav, Kan; G.

H. Goodnight, Louisville. G. W. Goodnight, Mt.

Vernon. H. G. Harris. Kansas City, Mrs.

J. B. Harris, Franklin, J. F. La Rue, Franklin, L.

S. Harris, Frankiin, E. H. Lane. Kansas e.tv.

J. K. Lambert, Chicago, V. E. Mitchell, J.

S. Milll-ker, Dallas, Ray Mattingly, Odessa, King McDowell. Kingfisher, J. T. Morehead.

Trenton, D. W. Malone, Knoxville, Tenn. Miss M. Muster, Dallas.

D. M. Rush, Buffalo, J. Ralston, Franklin. Mrs.

K. Snvder. Franklin. V. Sunsunville, Franklin, L.

F. Sympson. Franklin. C. F.

Tapscott, Louisville, C. V. Waggoner, Odessa, J. T. West, Pueblo, Mrs.

M. Walker. Franklin, Miss J. Williams, Franklin, C. V.

Wackmore, Larned, Kan. Kussell County. Willis Bledsoe. Creelsboro, C. W.

Cook, Corvdon. H. Jackman, Creelsboro, J. N. Powell.

Max, F. J. Rexroat, Ahilene, Kan. Leslie County. W.

P. Edwards, Hyden, W. D. Feltner, Hyden, Ky. s.

G. Muncey, Kansas City, Mo. Madison County. Clay Adams, Panola, W. C.

Arvee, Glasgow. J. M. Barnell, Palmgle, G. T.

Burton, San Angelo, D. R. Broaddus, Blue Spring, S. T. Broaddus, Butler.

W. G. Body, St. Louis, J. W.

Brockman, Centralia, B. O. Beck, Richmond, Miss Mary L. Brown, Chicago, 111.: Miss Lou May Brown. Chicago, Melton Barlow, Louisville; Miss Florence Barlow, Louisville; J.

H. Burton, Whitesburg, S. M. Barley, Klrksville, Mrs. T.

N. Baker, Macon, R. A. Barlow, Richmond. Robert Cox, Chicago, J.

L. Coley, Pt Pleasnt -W. Mrs. J. R.

Coley, Pt Pleasant W. J. J. Carson. Blackville J.

Carson. Blackville," Che-' nault Richmond, J. A. Cox, Lamar, Mo. Miss Clara Cox, Lamar, Mo.

J. R. Collettee, Washington, D. Mrs. J.

R. Collettee, Washington, D. W. J. Covington, Excelsior Springs, W.

Elsmore, P. P. Collins, Grand Junction, E. Collins, Grand Junction, P. P.

Collins, Grand Junction, W. Smith. Fayette, Mrs. W. H.

Chen, Shelby ville. J. H. Covington, Chicago, Cobb, Richmond, E. Dillingham, Plate City, Miss Iva Dickerson, Louisville; Clifton Davis, Keowa, J.

M. Dykes, Plattsburg. Mrs. W. Elkins, Moberlv, Miss H.

Embry, Shelby-ville. Mrs. J. J. Foley, Louisville; J.

W. Farrell, Clarence, Miss L. Fearyee, Lexington, M. Francis, Blackstone, S. D.

R. Francis, St. Louis, W. S. Flirt, Paint Lick, H.

J. Gibson, Pinevile, E. F. Gal-beauth, Jacksonville, E. C.

Gal-beauth, Jacksonville, 111.: A. B. Ham, Loomls, J. B. Harris, Louisville; L.

J. Harris, Richmond, L. B. Her-rington, Richmond, F. Heathman, Higby.

W. S. Hunchey, Richmond, Mrs. W. D.

Hudson, Pecos, Miss Nora Hudson, Pecos, W. D. Hudson, Pecos, I. C. Herutii, Thomasville, E.

Jones, Blackstone, S. W. F. Jones, HIgbee, H. C.

James. Richmond, H. B. Kelly, To-peka, J. L.

Kelly, Topeka J. IC Lisle, Butler. I. S. Lea, Paris, R.

W. Lawrence, Huntsville, Mrs. S. G. Lang, Landesville, Ga.

R. E. William, Louisville, J. C. Morgan, Richmond, R.

L. Mauper, Fayette, J. H. Thompson, Richmond, Mrs. D.

Mauper. Fayette. R. W. Milner.

Richmond. Mrs. R. W. Mil-ner, Richmond, M.

Maush, Kansas City, Mrs. J. M. Maush. Kansas City, J.

B. Million, Richmond, R. S. McWillams, Stewartsviile, J. B.

McCreary, Richmond, Mrs. J. B. McCreary, Richmond, B. E.

Wilback, Oak Grove, Mo. J. B. Morris, Leroy, Mrs. D.

O'Neil, Richmond, W. O'Neil. Richmond. Mrs. J.

B. Parrish, Fayette, S. Pigg. Loralne, B. M.

Pigg. Ldraine, Mrs. Park, Platte City, W. O. Park, Kansas City, A.

Plan tine, Richmond, A. Reese. Belling-ham. J. C.

Stone, Louisville; S. H. Stone, Louisville; W. A. Smith.

Poplar Bluff, W. A. Sampson Columbia, W. J. Sampson.

Columbia, N. D. Louisville; Miss L. B. Field.

Louisville; Mrs. Lucy Shields, Louisville; Mrs. D. F. Stafford.

Louisville; W. W. Tevis, Muscogee, Ind. Miss Trimble, Columbia, A. 'Parsons, Miss J.

C- Williams, Carthage, D. F. Walker, Denver, W. G. White, Louisville; Mrs.

W. G. White, Louisville; J. B. Willis, Crab Orchard Springs.

H. P. Young, Stonega, M. B. Young, Stonega, James A.

Yates, Richmond, Ky. McLean County. Clint Allen. Louisville, E. Darsey, Houston, J.

A. Henderson, Ky. W. U. Duvall.

Bush Grove. Mrs. W. TJ. Duvall.

Bush Grove, w. A. Dillenharg, Bush Grove, Mrs. G. Frank.

Owensboro, W. Harrard, Chicago. Miss E. Harrard, Chicago. 111.: J.

W. Hartsell, Early, J. L. Hall, Chicago, Miss Sarah Hall, Chicago, 111. Miss Dora Hall.

Chicago, J. W. Hudson, Milana, J. Humphrey. Georgetown, A.

M. Hudson. Sheldrens. W. Hills-mer, Louisville, Miss Nellie Lan-dram, Orlando, Fla; W.

A. Little, Kansas City, W. A. Little. Kansas City, A.

M. Little. Kansas Citv, Minnwild. Kansas City, W. Lynne, Sacramento, A.

G. Little Kansas city. E. J. Martin.

Louisville. Ky. T. J. Martin.

Louisville. Kv. V. Nail. Tustin.

W. P. Searcy, Ex-eles. S. Stoner, Early, c.

Thomasson. Louisville, W. K. Wall Mayfleld, J. -F.

Watson, Houston, R. O. Downs, Livermore, Ky. Mercer County. -J.

M. Armstrong, Alexandria. B. W. Allen, A.

Brown Hetrrodsburg, Ky. J. W. Bransley, Macon, S. P.

Brown, Macon, A. B. Harrisonvllle. Mrs. I.

Bowman. Petersburg, E. Brown, Council Bluffs. Iowa; T. H.

Vandlvers. New Albany, A. H. Bowman, Oklahoma City. I.

W. Brown; Providence, G. C. Breuer, Louisville, M. T.

Bradshaw, Leonald. J. B. McCreary. Richmond, Ky.

M. E. Hnl tz. Columbia, Mo. L.

Gamble. Mexico, Miss A. (Withers Hultz. Columbia, Miss Lema Hultz, Columbia, The opinion of the court is herewith given In full: Section 1303 Kentucky Statutes provides: "Any person who shall, on Sunday, keep open a barroom or other place for the sale of spirituous, vinous or malt liquors, or who shall sell or otherwise dispose of such liquors, or any of them, shall be fined: not less than $10 nor more than (50 for each offense. Quite a number of persons, saloonkeepers of.

the city of Louisville, charged with violating this statute, were arrested on Sunday, May 27, 1906, and taken before the Police Court of that city on the day. following, under warrants for the offense 'indicated. Several of them after being arrested and admitted to ball, at once their places of business and continued the sale of liquors on the Sabbath, in violation of the statute. Some of these persons were rearrested by reason thereof, and it was necessary to arrest one of them as many as six times in order to make him obey the law. Upon the calling of tho cases for trial in 'the Police 'Court the defendants demurred to the warrants.

The court sustained the demurrers and In an exhaustive opinion gave the following reasons for so holding: First, that Section 1,303 of the Statute, supra, was unconstitutional. that the offense denounced by It was a continuous one and there could be but one arrest, thereupon all the warrants except those under which the first arrests were made were dismissed. Third, that there could be no arrest for the violation of this statute except upon a warrant previously issued by the Judge of the court, on information sworn to before him, and that he could even then in his discretion refuse to Issue tho warrant. Following this disposition of the cases, Paul C. Barth, Mayor of the city of Louisville, under the authority conferred by Section 2,790, Kentucky Statutes, which as to the Mayor of cities of the first class provides: "It shall be the duty of the Mayor (1) to be vigilant and active in causing the ordinances of the city and the laws of the State to be enforced" In the name of the Commonwealth he joining therein In his official capacity, as relator filed a petition in this court for a mandamus directed to the Judge of the Police Court of Louisville, commanding him to try the accused for the offense charged in the several warrants in question.

The plaintiffs base their claim to the relief asked upon section 110, State Constitution, and Section 949, Kentucky Statutes, which confer upon this court power to Issue such writs as may be necessary to give It control of Inferior jurisdictions. The defendant, J. W. McCann, Judge of the Police Court of the city of Louisville, both by demurrer and argument of counsel, insists that plaintiffs have not legal capacity to maintain the action; that this court has no jurisdiction of the subject matter of the action and that the petition does not state a cause of action. As To Constitutionality.

In our opinion, the constitutionality of Section 1303, Kentucky Statutes, altogether free from doubt While It is true that no case in which, the right to prohibit the sale of liquor on Sunday was -irnforved, "'has- recently -been, decided by this court, because its jurisdiction has been limited by statute to cases where the fines inflicted must exceed S50, before the enactment of the present statute as tp Jurisdiction, the constitutionality of an ordinance of the city of Lexington, similar in terms and meaning to the statute, supra, was upheld by this court in McGowan Commonwealth, 2 4-The appellant, was fined 550 in the lower court. In affirming the. judgment this court said: "It cannot be doubted that the Legislature of the State has the power to prohibit tavernkeepers who may be licensed after the passage of the law, from selling spirituous liquors on Sunday. The City Council, according: to the foregoing provision in the city character, have power to pass any ordinance for the government of the city, not contrary to the Constitution of the State or. of, the United States.

They have, therefore, the same power over the subject within the city limits, that the Legislature has within the State." In Connor vs. Commonwealth, 13 403, the appellant was by judgment of the lower court, deprived of his license because of his conviction "on three Indictments of having unlawfully opened a barroom In his said tavern for the sale of vinous, spirituous, and malt liquors on three Sundays." appeal the. judgment was afllrmed. It Is said that In argument before the Police Court it was cdntended by counsel representing the persons then on trial oaMin-n nf the statute under con sideration was invalid because in conflict with Section 61 ot the Constitution wmcu "T-ha nnpmt Assemblv shall by general law provide a means whereby the sense of the people oi any cuumi, city, town, district or precinct may be QQ tn whpther or not spirituous, vin ous or malt liquors shall be sold, bartered or loaned therein, or the sale thereof reg ulated. But notfting nerem suan uu (n iniorfpro with or to reDeal any law in force relating to the sate or gift of such liquors." -oe ffH r.rmt-ende.rt that bv Section 61, supra, all questions as to whether the sale of liquors snau De auowea or regu- ln.n ara tHlrtin nvp'r to thft VOte Of the people of the various counties, districts, consequently the Legislature is witn-out power to legislate directly on the ,1 Inn on fllO TTlSlttA nf allowing, prohibiting or regulating the sale of spirituous liquors can only be dealt with under the local option law.

We quite agree with the contention of plaintiff's counsel that Section 61 was not meant to take away from the Legislature nnK n.l.lAl, tf Vio tiii yyjkmts n.uvu u. liquor traffic, but simply to provide by general law now tne vanoua iuuuicipa.1 subdivisions of the State could by vote regulatlon for themselves, but until there had been this vote the power of the State was untrammeled. Authority of legislature. In, Brown vs. Commonwealth.

93 652, it Is said: "The fact that the Constitution made it incumbent upon the General Assembly to provide a. general law orrthe subject of taking: the sense of the people as to whether liquors should be sold; did' not deprive the: General Assembly of the power to permit or prohibit the sale of liquor until such time as the sense of the people could be: taken In the manner prescribed by the general law. It could have passed such laws as would have authorized the sale of liquors in localities where prohibition laws had-been in force, or.it could have passed a law prohibiting the: sale in communities where the sale of liquors had been licensed. In other words, the General Assembly had the authority to fix the status of 1 any. county; city, town district (Concluded On 10th.

Page, 6th. Col.).