The Courier-Journal from Louisville, Kentucky • Page 10

THE COURIER-JOURNAL, LOUISVILLE, THURSDAY MORNING, APRIL 25, 19Q7. 10 Cranky Opinion ot the court by Judsc Settle, dismissing appeal. First Appeals Jurisdiction. This appeal is dismiiised -because -the amount in controversy is less than JS20J, tlie amount necessary to give this court Jurisdiction. Second IJcns The value ot the lien, is no greater than the market value of the mule to which the lien attached, nor can the Hen extend to provender for and at-teniion to the mule during the period ot its injury.

C. Wheeler for appellant; SI. C. Klrb for appellee. A The cleverest boys styles are About Your Joseph Deddens Leaves Property To His Children.

in the MRS. JAN HOPKINS BOY-PROOF Line, and, the best tailoring KELAnVE IN SEKMASrX" GETS CBESSTTELSIVrAinT ESTATE. Commonwealth of Kentucky vs. John W. Kelly.

Filed April 10, iy07. (To be reported.) Appeal from Trigg Circuit Court. Opinion of the court by Judge Barker, 'reversing. First Embesziement Indictment Fel PIANO A and the strongest fabrics are "there too. That's why they're easily the superior of any B)ys' oniously Converting Money of Another.

An indictment widen chartres that the ac LOST AE3I AIID SEOTJXDEB. MADE cused, J. AY. H. while holding the office 1 of master commissioner of the Trigg Cir- GROUNDS 2T0K STIT.

Cfothes at the prices, which are Come here and we'll fix you make shira-buying a pleasure. aKd shlrt-ivearins a greater one to you. E. Manhattan and cm-n silk-and-llnens, rcmsees. linens and imported new.

shades and light and Hark figures to 35. And ask to se the neiv corn in 50c id Ties. FR cult Court, to which oniee he had beun I duly appointed by the Circuit Judge of said court, did willfully, fraudulently atij feloniously ilispoi-e of and convert to his own use of lawful money of the unquestionably low for such BOY ASKS S50r00 DAMAGES. united Estates, which money he had copied as said conim.ssicner under high qualities. Sold Here by the order ot said court in trust for tnc use of V.

K. B. and lies children, and which taking and conversion was without the consent of said V. K. B.

and her THE OLDEST PIANO IN EVEN EXCHANGE FOR Three wills were tendered for probate Third yesterday, as follows: Levy's ens, dated Market IJ Thai ot Joseph Dcddi i C.i, in which. pr ovides fcr a LEVY BROS. ument to coti not more than 5-jO to re erected over the graves of himself and wife. The. rest of the estate Is be children, or either of them, who were tiie owners thereof, is a -gooJ'-indictment tor emhezzJement under 'Kentucky Statutes, acts lyoi'.

page -I'd. Seeoad Same Allegation of Demand No: Necessary Under Our Kentucky Statutes the crime of embezzlement is when the trustee fraudulently and feloniously misappropriates the trust i fund by wrongfully converting it to his own use. and there is nothing in the language 01 the statute to indicate an intention to make u- demand necessary. X. 13.

Hays, Attorney General; C. H. Morris. W. T.

Fowler and Breathitt Courier -31 journal. Third and Market. WERTHEMEKi SMITH GO. divided aniens six children. Deddens.

the eloVrt son, is named exec-irlor without bend. That of Henry Oberhuelsmann. duted April Ifi. 1S07. in which he gives $53 to the pastor of St.

Clary's Raman C.itlo-11c church tn pay for masses. He can-eels the claims he holds against h.s brother, wni'am. and leaves the res -of his property to his sister, Anna who lives In Germany. Iouls Hugelmeyer is named executor without bond. Kell for appellant; James B.

A. Burnett and G. P. Thomas for appellee. That Is Now In Actual Use In Louisville; Jeffersonville or New Albany, Ind.

OUR REASON. We are desirous of obtaining the oldest piano that is in actual use in either of the three Falls Cities, for exhibition and advertising purposes, and in order to secure it ve make the above liberal offer. There are hundreds of old pianos in actual use in the three Falls Cities, and the owners perhaps have no idea how old they are. This will be the opportunity to exchange it for a beautiful $350 Haines Bros. Upright Piano "Even Stephen." It costs you absolutely nothing to enter your piano in this contest.

THIS IS ALL YOU, WILL HAVE TO DO READ CAREFULLY. Makers, THXFBSDAT APBH, 25, 1907 H. Albin vs. C. Mr.

Ciheens. Filed April JKJ7. (Not to bo reported). Appeal from Jefferson Circuit Court. C.

1. 1st div. Opinion of the court by Chief Justice O'ltejr. Action in Assumpsit Affirmed on the HIS LIFE SPARED. la.

1 evidence. That of Frank Kirn, dated January T. Ncal Neat for appellee; Burgevin for appellant. 3SS7, in which he gives his property to his widow. Mary Kirn, and at her death the remainder Is to go to her children.

Edward Brown Will Not Hang To-morrow. Joseph E. Potter vs. Charles Bell. Filed April 12, 1107.

(To reported). Appeal from McCrackea Circuit Court. Opinion of the court by Judge Barker, affirming. Flist Cities MarketmasiL-r Ktection Section 3124, Kentucky Statuus, part of the charter of cities of the se.raad clast-, providing that tlie of the Board of Sufcersd Terrible Injuries. Hunter Augustus Vita toe.

a m'nor, brought suit in the name of his statutory irnurdian. A. W. Shemun. against I the Kentucky VilrlDed Brick Paving Company fcr as damages.

Tin QQATTHij 1 vTl says that at the age of twelve Public Works sh.ill have charge, contro! nunc i us iui-v tuai c. lu.uiui DEATH SENTENCE 7" ami supervision of the city's electric. A I I light works, wharves, parks market All LI TP iTlllPM houses, does not authorize such board of) 1 Li. ill XX VxLGLL PLANT TO IMPSISOIvISEOT. public works to appoint a murketmastcr FIRST Any Piano, whether it be a Grand, Square or Upright, is eligible.

SECOND But it must be in actual use. THIRD No Piano that lias been stored away can be entered. FOURTH As Piano dealers we are in possession of data that will enable us to some extent to judge by the number and name of each piano sent in about how old it is, but in order to be sure that no mistake will be made, we will send one of our experienced representatives to examine each' and every piano that in our estimation appears to be the oldest. FIFTH If the names of two or more Pianos are sent in and each appears to be very old, we will be the sole judges as to who shall be awarded the New Haines Bros. Piano.

SIXTH This contest closes at 6 p. May 15, 1907. I R0SeS and To View years, in June. lie was emp.ovej by th1 di'fv-nd-ant in oiling mac-hiner. lli Nothing became entangled in a and lie was tnrown v'ul-rntly around and all his.

Uuhlng torn from him. His arm and shoulder were then pulled out. He charg-s that the enm-rnny was negligent in failing to noiiCy him of trio allured dangerous cond.t: of the machinery. NEWS BECEIVED DTJBING PEEP ABATION FOB EXECUTION. for such city.

Second Same Authority of General Council Wnere Genera Council of a city of the class, by an ordinance, created the office of markctmaster. fixe 1 his Term, salary and duties, and ordered that he should be ejleJ by General Council in j-iiiit session, the ciiartt-r of such cities nowh-ti providing fur the election mark I masters, of necessity the election of such officer must be by the General Council. Hendrick. Miller 'i Marble for appellant; Flournoy Itee.l for appellee. MANY FETl'TIONED CLEMENCY.

An Exhibition of Original Drawings By Gaston Bouy, Court Paragraphs. I Maier sued Dr. F. f-. Cesr.i for alleged due on account, M.

J. O'Rrien s.ied the Knil-, way Company for $.5,0. He v.hs hurt in a fall from a car. Lucy Smith sued the Railway Company for She was hurt in a fall from a car. Albert Engle vs.

Tennis Coal Company. Filed April 10. JltU7. (To be reported.) Appeal from Perry Circuit Couft. Opinion of the court by Judge Barker, 01 PARIS.

J-and Action to Quiet Title flea in Also HOLLYHOCKS and 5 other hardy (lowers. A beau- tiftil new hardv flower the BLUE JAY FLOWER. Ask us about it. JF.Walker&Co. Florists, 634 Fourth Avenue.

THE FOLLOWING 8 QUESTIONS MUST BE ANSWERED FULLY: You may use this coupon for your answers. What is the name of your Piano? Flow long have you owned it? Where did you get it? Is it a Square, Upright or Grand? What it its What is your name What city? Street numbgr? William A. Bibb sued Annie Bell bo AbatementPendency of Forcible Entry A AT for civcre3. charging abandcnm.it. Tm-y and c.

of I A I IJ LJ were married Xovtmbcr 2t. hV5. I Plea statute gives to the owner in! MT I Pj I 1 -Lena Mabel NonKmia sued possession the laud a right to main-! A i J-XX Kr tain an eiiDitabis act. on to ipm-t ms tine, and the fact that the fndant has a forcible detainer prdc-ding pending 340 Fourth Avenue. THROUGH THE STORM against the plaintiff, involving the naKeii ripht of possession tin1 land, wilt not either bar or abut" th- plaintiff's right to settle his adverse claim to th title.

William Cr mwell and Miller Fitzpat-rick for appellant; Wooten Morgan and Hager Stewart for npptllee. DIRECT ACTION the gallows on which lie v.as to have been hanged to-morrow was being erected in the jail yard and as th sound of the worhmcn's hammers rang ihrough the corridors of the prison. Edward Erown, condemned negro murderer, was summoned from his cell to the iail physician's to be told of the final disposition of his case. Sailer John R. Pfianz and the Rev.

M. Bruce, of. Hope Rescue Mission, and chaplain of the jail, were in the little office when the negro was ushered in. Jailer was the first to speak. "Babe," he said, using the negro's nickname, "the death warrant has come." "Yes.

sir." answered the negro, voice steady and firm as he looked Into the faces of the two men. "Eut they're not going to use it. Babe. for the Governor has commuted your sentence to life imprisonment." said the Hev. Mr.

Bruce. The condemned man stood looking at the two men for an instant, and as a smile broke over his face he said: "Praise God! I knew it would come out all right. But you knew 1 was ready lo go. Mr. Bruce." In a few minutes the sound of the hammers in the jail ceased, the curious among the prisoners began to scatter from the windows and shortly it was noised throughout the jail that "Babe" Brown was not to hang.

W. F. Oliver vs. Robert Calbert, by etc. rport- The numbers of Square or Grand Pianos are usually found under the' strings on the -sound board.

If an Upright Piano, raise the top lid and the number is usually on the pin block. In case you cannot find a number we will send someone to look for it, on request. phcr Xordenia lor diuprce, aiie.ng erue. I ty. They were mar "ed May.

Hannah Birch and others -nd 'ie Xortli British and Mercantile Insuring Company for on an insurance policy, i Aaron Clemons sued the Louisville Railway Company for Si.3. He was iiar: in a collision between his wa-jou and a car. John Preston Beam sued Marv 3cu Beam for divorce. alUging impr-me1 con- duct. They were marid Utceniber, mi.

S. S. Bush "sued X. KHen Isabel to tn-; force specific performance c.f an alleged 1 can tract to purchase certain roalty tiT Anna Maye sue3 Geo. Mayer divorce, alleging Tin-y were married in JcffersonviUe.

September 't 15, Mrs. HalHe Hook, who had sued the Louisville Railway Company for because of injuries she received In a fall from a car. was civen a verdict 'or Filed April 12. lwT. N't to he ed.

Anneal from Ballard Circuit L'etirt. af- Opinion of the court by Judge Barker Co. firming. I Master and Servant Inexperienced Servant Knowledge of Master-Injury Loss of Both Legs Verdict for Dam-' ages. A negro boy.

eighteen years of age. without any experience, was required by i his employer to act as brakeman on a i construction train, from which he was Montenegro Riehm Music INCORPORATED 628-630 FOURTH AVENUE. LOUISVILLE, KY. thrown by the negligence of the engineer and run over by the cars, cutting off both legs, for which he was awarded a ver- diet of 5.W) damages. Held, that the plaintiff, being Inexperienced In such The world's standard of merit as respects: 1.

Economy of Fuel. 2. Perfection of Baking. 3. Beauty of Construction Let us explain to you in detail the superior qualites of this Range.

JONES MILLER CO. Incorporated. 316 W. MARKET STREET. $5l by a jury in Judge O'Doherty's court.

Frank J. Vallsheild, who had sued the Kentucky Veneer Works fcr 15,00) c.n account of the loss of a finger whl.e in the defendant's employ, was allowed flW in damages by jury in Judga Gordon's court. Governor's Statement. Brown In commuting the sentence of Selecting a Stove Very Important. THE LIGHTHOUSE SHINES.

To 63lv Uuu Anchor Stovca nd ruingea are A jury In Judge Field's court returned a verdict for the plaintiff for In the ca-e of Alexander ifialnst the Louisviiie Railway Company. Johnson lllOX and by Die MOST SKUA.EU yi 12CHAN- 1 work, and so iniormeu me iuu-umh charge, was entitled to a much larger verdict, and the judgment awarded Is af- firmed. i W. T. White and John W.

Ray for ap-i pellant: J. B. Wickllffe for appellee. S2.Q0 Indianapolis and Return 4iBig Four Sunday. April Special train leaves Seventh-street 1'nion D-pot at ji.

m. Get tickets at City Ticket Ollice. 159 Fourth and at depot. Gov. Beckham wrote the following: "The jurors who convicted this man now request that his sentence be commuted from the death penalty to life imprisonment.

The special Judge who tried iiim nn Remind trial recommended It. as damaircs bec.iUS2 h3 was hurt: in a collision between his wacon ICS tells only. a. piirt or tTit-ir interesting ms-torj-. To know "Anchor Is in refuse to buy any other that "la Just As Cxxl." ANCHOR STOVE AND RANGE CO.

Incorporated. Successors to IVrstKpc. Gohmann i Louisville. Ky. Judge Barker, of the Appellate Couri.

an Take WJnlersmltli's Tonic at this Ilmo of year far that tired feeling. There la nothintr equajs H. wno reviewed uie case on recommends It. Many other mln- fVnrt rf AtitichIc iFters of the gospel and a large number WOUrt CI iippsaiS. of good citizens join in the petition, and Frankfort.

April Present, earnestly recommend the commutation. Judge Barker, acting Chief Justice, and A careful consideration of all the state- Judges l-ussing, Hobson and Nurin. ments Jn the record before me convinces i Fidelity and Casualty Company vs. me that this crime did not possess sulli- I Southern Railway Company Xews Com- In selecting' a gas range, great care ahculd be U5d to fret the bfjt. with proper use It will last a hfKlme.

Ther are many good Gas RajigRs now on the market, but we wish to call attention to our -New Process which hoc many drfrabe features not found on any other stove. You wouM like any kind of fins rtove, but If you had used all the dlf-rtnt kind, you vuld prefer a. "New Pro-cs Range. It Is made in many styles arid slzey to meet the demands of every kitchen. It la plannvi for convenience, the ovens being the richt Mze and heipht for baking.

The top bum-vry. can be lffced out, leuvinR the top of the suve clrar cf obtrucrlon for cJeanlnpr. The burners are FclenyflcaJIy constructed and "n-UI give, the prcatest amount of heat for gas and la consequently economical to use. Only the very best quality of workmanship and materials nrer Into its corifCructlon. All part that are liable to wear or burn out.

are made especially strong.) making the stove very durable. FOR SAL.E.TO DEALERS ONL.T BV WILL ADDRESS EMPLOYERS5 ASSOCIATION J. D. Power, president; Matt O'Do-herty, First Vice President: Darwin W. Johnson, Secretary and Treasurer.

COMMONWEALTH LIFE INSURANCE COMPANY, Home Office 308 W. Chestnut Street, Louisville, Ky. Offers to the People of Kentucky The Most Liberal Policy That is issued by any company. DIVIDENDS ARE GUARANTEED And plainly stated in the policy. Let us explain this contract to you.

Address the Secretary. eient elements ot premeaataiion to jus-, pany, jeiterson; ainrmea. ON PERTINENT LABOR QUESTIONS TO-NIGHT tifv the death nenaltv. and that there Marsee vs. Hager.

Franklin: af "were some extenuating circumstances in It that warrant me in commuting the sentence, v. "Reiving, therefore, upon these statements, and believing that a life term in the penitentiary would be suffieirnt punishment for tbe crime committed, the commutation is granted. C. W. BECKHAM.

Governor." BRIDGEFORD INCORPORATED. Twentieth and Portland Avenue. "Babe" a Hodel Prisoner. firmed; whole court sitting. Cahii! vs.

Muilins, Pendleton: affirmed. Ride vs. Meade, j.etcher; affirmed. Hatfield vs. Kountz, trustees.

Pike; affirmed L. and X. Railroad Company vs. Whit-seil. Hopkins; affirmed.

Commonweal til vs. Gibson Knox; affirmed. L. and X. Knilroad Company vs.

Commonwealth. Knox; reversea. Had vs. Commonwealth, Wayne; affirmed. vs.

Commonwealth, Pike; affirmed. Kiroy vr. Moore, Warren; appellant's petition for rehearing overruled. Southern Itailway Company vs. Shelby: suumiiteu.

XieJialas v. C. and Jtaiiroad Company. Ot appellee tiled supplemental brief. Adams, vs.

Bos worth, Wim-ley; lirief. Kilbn vs. Citizens' Life Insurance Cora-nmiy. appellee tiled reply to Designed, Patented and Sold Only by Geo. Wolf 528 Fourth Ave.

I Fl FURNITURE The sparing of "Babe" Brown's life Is due to several persons who became interested in his case because of the m-n's actions at the jail. During his tvo ye.irs imprisonment he has been a model prisoner, and most of the time has been tie.1 boss in his tier of ceils. He has never caused the jail attaches the least bit of trouble, and for that reason every mar. connected with the.jaii is glad that ins sentence has been eammuled. A few weeks ago Brown requested iha; owersTor A110 ccasions he be baptised, nna tor montns Vl whVi api.ellee's petition for rehearing.

has been very devout. The juro: L. and X. Railroad L'oiup iried Brown were seen his own nuth'r kins, administrator, Henry; appellee tiled By supplemental briel. I Robinson.

Xorion Co. vs. Corsicar.a Cottcn i-aciory company, jeiierson; appellant filed objection to appellee's mot: an Furnished Special Attention to 0ut-of-Town Orders A Few Words about the patented gas burner used on tha QUICK MEAL GAS RANGE which has proven to be such a phenomenal success. The burner base and niLxfrur and the signature of each was attached to a petition which was sent to the Governor, Several ministers also signed the petition, and Attorney Aaron Kohn, who sat as special Judge in the case, also signed the paper. Judge Matt O'Ujhcrty, Col.

Bennett H. Young, Charles F. Grainger and many other prominent men attached their name? to the petition which was presented to the Governor. Mother "Certainly STYLE, QUALITY, ASSORTMENT. These three features have made our store the greatest in Louisville and the South.

We have what you want at correct prices. REISRER'S, 586 Fourth Ave. tor damages on anirmance. Sheeban vs. L.

and X. Railroad Cni-panv, Kenton: appe.Iant lllul Field Grocery Company vs. Conley; W. Morris, warning order attorney, tiled his rep.trt; an nliowanee for Hell. Jr- vs.

Thompson. Christian; ap pellee given twenty days' further time to tube are all one casting. The burner cap rests on the burner base and can bo easily removed for cleaning. The solid flame produced allows a free mixture of Aug. R.

Baumer, FLORIST. Both Phones, The' Masonic. file brief. Hendrk'kson vs. T-imlell, Bell; agreement tiled; appellant, given until May 1 and appellee to Mav 10 to file brief.

Caehran vs. L. and X. Railroad Coin-panv, Marion; argued by H. W.

Rives for appellant and T. B. Harrison-, lor appellee; submitted. Court adjourned until to-morrow at 31 o'clock. air and gas, using much more air than gas, and justifies our claim of using gas than any other burner.

Each burner has an adjustable repu'alor which permits you to regulate It according to the gas pressure. The QIjICK MEAL, on account of Its Intensely hot name, cooks quicker, bakes better and uses lees gas than any titer. Gefie Soft, The FlgnaUire'of each man whose name appeared on the petition was by Martha Brown. "Babe" Brown's mother, tind yesterday afternoon the mother said that she had walked many mile? to get tlve names in an effort to save nor son's life. She said: "I certainty am happy.

I have just svn my boy and he Is as glad as cjn be. He never gave up but was ready to so if the Governor didn't intervene." I am certainly mast tivarmful to everyone who helped in getting my sentrncc from death to life imprisonment. I am most thankful ij everyone wiio helped me In any way." And to tvZl of the joy that' was BrownV. yesterday would be impossible. He pray 1 and wept.

He read his Bible and lie sang. To everyone he talked of tl newe. and with the piisoners In his tier of cells he both laughed and throughout the day. Shown Useless Gallows. Water Consumers, ATTENTION.

WALL PAPERS AND DECORATIONS 217 MARKET STREET. Near Second St. WAI.TKIl DlimV. OF NEW YOllK. liail ex-i A number of friends whu Co-rt of Appeals Bscidons.

Compxiny in Ken-tux'kv Ltv. by -F-iied April hi. (Net to be ror.orLtd.) Appeal fiom Mi-rcc-r Circuit Couit. of the eouii by rovurs--nr. Firsl Railroads Gross Negligence PunHivr D.imacea Instructions.

Yher? is ti-j cvr.lccos to prove th injury complained was the re.iiilt of negiiger.ee upan the part af Fervants, and in view of it was error to instruct the jury on th? Fuijjeet of gro53 negligence, or punitive damages. -Second Same Children Payment of Fare. The cMld whose injury Is the subject of this litigation was entitled to sime right and pretention at the hands of the appellant as if his fare had been paid, and no Instruction uroti this question should have been submitted to the jury. Humphrey Humphrey and E. II.

Gaither for appellant; Emimt Puryear. Rsb-rt Haraing. Cfcas. A. Hardin.

T. H. Hardin. Greene. Viin Winkle for Elegant in design and colorings, but not costly, at Known Superiority Vs.

Experiment. CADILLAC Vs. many untried Automobiles, gaudily colored and flashily advertised. Which Will You Have? Come and see the New Four-Cylinders Save expense and annoyance by having a Ross Regulator installed BEFORE high pressure from new filter plant is turned on. Ask your plumber about it.

JOHN JUST) SON, Ahrens mo 555 THIRD AVE. Near Walnut. Home Phone 3671. (INCORPORATED.) these qualities a Ionp practical experience In handling; of strikes and negotiations with labor bodies. He has also been Indefatigable in organising employers In his native State of Michigan.

A 'year ago Mr. Drew (addressed the Michigan Judges' Association, by special invitation, on the subject of labor law, and he is the author of a fine treatise on the law relating to the closed-shop contract. Prom all that has been said above the wide diversity of the distinguished visitor's talents may 'easily be gathered. Is promised that the reports of President S. Thruston Ballard and of the secretary viir'6utlino a broad and appealing, programme of activities for the nitIng: to-night will be limited in duration to '-an hour and fifteen mJn-ute rlhdcneral public is invite to pected him on yesterday were cMsap-pointea when a lelegram was received from Walter Brew, of N'ew York City, statins that he would arrive from Cleveland at 11:53 o'clock this morning on the Eis Four.

Mr. Drew is to make the address at the fourth annual meeting of the." Employers' Association, which takes place at.S o'clock to-night at the Tyler The association believes that it will eclipse attendance records at raceting, and it bases this somewhat ori the statement that the connected with the recent street ral'Aray strike lias" aroused a much wider in IJmployers' Acscciatlon mere than has' ever been felt befcrc. Pew men iiv.this coTintry ars S3 "ell to speak on mpa-rn unionism is Mr- XJr'e'. A man culture 'and a deep lie combines with After he tvss notified tliat his sentence had been commuted Bnrwn 'asked to ice the (Tallows from which lie -would hav-been hanped to-morra-a: but for the intervention of the Goi-Giner. He was guaMej bv Detiaty "Well, they ccn tear that down new," said the necro, after turning awav from looking nt the wooden structure.

"Thank the Ijortl they vrcn't have to use now." Brown was sentenced to hangr Tor the murder of his mtnress some three years ago He appealed to the higher iouiIs. hut the decision of the lower court was stained. Fcrme tirr.e ego 'the 'date of his execution trap far; April 25. to-morrow. But for the' intervention cf the Governor the order of the court nave h-yin carWed out.

Commonwealth Attorney Jcenh 31. was "practically th? oniv man cr-rinccted vrith the tirostfcutlin of Brown who refuf ed io petition a-kine clemency. In a conye-Tatn w'tii the Governor by telephone. Mr. HufTaker unred that the be executed TMs ts the Bfcnad death "Mt-ror.

Beckham hue te. 1 Imprtsos-ment since he went :r.to ow-The ojcr benefician- was Struttont JMifle--ooffi county. 'convicted of miiroernd.wte Morion Route Bacigalupl vs. Commonwealth of Kentucky. Filed April 12, 1E07.

(N'ct to be reported.) Aureal from Jeff arson rcuit Court. Criminal Division. Op'n'on cf ths court by Ivnslag. afHiming. Homicide InsTtiot.on" The lower ciurt overruled aoocl an moUcn 4o lastrue-: the jury to "find bint net guilty in view c' tbe fact that the evidence authorized the of the cae to the jury, nor was ijt Improper to exclude the testimony referred tc, as It contained no part of the res gestae.

Herman Morris for appellant; N. B. General; C. li. Mar.is for appellee.

USE GOLD MEDAL FLOUR. Model $2,500. Model $2,000. And you will undoubtedly spend your money wisely. KY.

AUT.O.',:CO. 1049 THIRD. Incorporated. CHICAGO AND RETURN. Every day.

Compartment Steepers, Two trains dally from. Tenth and Broadway and Fourteenth and Main streets. City office. 222 1181. BEST Quality.

Premiums. "Made in Louisville." Wintersmith's Chill Tonic is a splendid general tonic, aad prevent your taking cold orla grippe. CnSi vs. C. ana Rallvray Compaay.

THe-April -'17; HWj fNot to be rso t-Ajpal from Johnson Circuit Court. now an inmate oi iv i-1--" WINTERSMITU'S TONIC TONES. 1 i.