The Courier-Journal from Louisville, Kentucky • Page 7

THE GOUEIEE-JOUENAL, LOUISVILLE, SATURDAY MORNING, MAY 14, 1904. SUCCESSOR TO AUDITORIUM PLANNED BY LOCAL MEN Andrew Isgrigg's Body In Midstream. Of Heresy the Absorbing Propose To Erect a Theater That Will Accommodate a Topic At Los Angeles Large Crowd To Form Stock Company. CHARGES THEMiSNOSSSm lected, but several are In view. It Is LAST OF THE THREE VICTIMS IN METHOBIST CONFERENCE.

Definite plans for a new structure to replace the Auditorium are on foot, and a meeting of the men who are to furnish the money for the theater will be held within the next week. James B. Camp, who is behind the plan, yesterday received-designs for the building and a colored view of the front, prepared by Brinton B. Davis, who is the architect The building as planned will cost about $30,000, and will be built in the central portion of the city, probably within the next six months. The present idea is to have it com expected that the site will cost making the total cost about $60,000.

The plans drawn by Mr. Davis are for a theater which will be on the gen eral plan of the old Auditorium, with many Improvements and additions. The seating capacity of the house will be almost 3,000 and the stage win be the largest In Louisville, measuring 50x 79 feet. Only one balcony will be placed in the theater, but the structure will be much higher than the old Audi- torium. Two stores will occupy the front of the building.

A novelty for this part of the country will be a large pipe organ, which will be located in the place usually given over to boxes. The organ will be a fine one, of the kind used in churches, and will be used in the theater for large musical attractions and for religious services. The old Auditorium, which was the only theater or hall In Louisville in which a large opera or musical attraction could be given, will "be torn down wtthtn the next, sixty days, and the cltv will then have no place in which to hold a convention or large theatrical production. FOR THE lii Wm Rfl Longer Sticks HfH HKllffl Stronger Sticks wilf HJj Light Easily H(mI Ww III i IS AM mm ill Half Minute Wm llillh A Valuable Coupon in E)very HI IflAlH Hvffl Box of Search Light Matches. ffifH ml II, I AK.

Your Grocer 1111118 sffiilf I diamond MTcH ijH pleted in time for the opening of the theatrical season next fall. The theater will be built by a company to be formed by a number of business men who are Interested in the welfare of Louisville, and who also believe that 'the Investment will be a paying one. It is also possible that David Belasco, the independent theatrical manager, will subscribe for some of the stock in the company. A number of wealthy men have already expressed a willingness to take stock, and It is said to be almost certain that the theater will be built. No location has been se MANY TROUBLES Absolutely Pure TO BE STATION GATEKEEPER OF DAUGHTER Charles Cook Has To Answer Many Questions, a Few IDLE AND INACTIVE FUNDS Awaiting use or investment may be deposited here subject to check.

Interest will be al lowed on daily balances. Inquiries solicited. 3 per cent, on Savings Deposits. JJD TELEPHONE GROWTH. The CUMBERLAND TELEPHONE TELEGRAPH COMPANY has issued statement of Its business growth in the number of subscribers Number subscribers April 1st, 1904 Number added during month 3,792 Number discontinued during month 2,585 NET INCBEASE FOB MONTH 1,207 Total number subscribers April 30, 1904 109,662 EEPOE.T BEFERRED WITH I1T-STBTrCTION'S FOB, MOBE EXTENDED INQTJXEY.

DEBATE ON: RETIRING BISHOPS Los Angeles, May 13. The Methodist General Conference after the conclusion of devotional servicesv resumed consideration of the revision of the rules of order. The work of formu lating the official rules of order have been fraught with many clashes between the opposing parliamentary lead ers on the floor, of the conference who sought to secure "the adoption of rules that would tend to give their particular faction an advantage in the work of legislation. The general body, however, has been watchful and the rules as finally adopted! have been framed witn a view or absolute equity ana fairness. The report of Missionary Bishop F.

W. Warns, of Indiana, was the special order of the day immediately after the morning reces3. The charges of heresy made by Dr. Munhall and others against the Garrett Biblical Institute and the Boston School of Theology continue to occupy the attention of the members of the Committee on Education and to be tat absorbing topic amoiK the conference delegates. The subcommittee of five having in charge the investigation of this Important matter nas made a re port to the full committee, but the attacks of Dr.

Mtmhall and other sup porters of heresy charges were so spir ited that the committee voted not to accept the report, but to resubmit it with instructions to give the matter more careful and thorough, consideration. The report of the subcommittee stated that there were only eight mem orials before them on- the subject, only four purporting to come from annual conferences: that three of these mem orials had been signed by a total of thirty-five persons, and that two of them were in the form of a printed circular. "This," the report said, "seems to be the total result of an- effort to stir up the conferences of the country on the subject." After a lengthy and somewhat acrid debate, in which the report was characterized by Dr. Munhall and his fol lowers as an attempt to whitewash the accused institutions, the report of the subcommittee was finally referred back with instructions for a more extended Inquiry. Betiring Bishops.

The first taste of stlrrinsr debate par ticipated in by the conspicuous figures of the conference was given the dele gates when the report of the Episcopacy Committee upon the matter of retiring bishops and nxing their subsequent relations to the church was taken up. The paragraph that provoked discussions reads as follows: A superannuated general superintendent is relieved from the obligation to travel through his connection at large, and may enoose 'tne Place or his residence, iie shall not be to the presidency of annual confferences, nor make appointments, but, if requested by a bishop presiding, he may take tho -chair temporarily in a general or annual conference, and at the request of the bishop presiding In the annual conference he may ordain can-ddda-tes' previously elected to orders. Dr. A. B.

Leonard offered an amendment to strike out all after the word "residence" and substitute "he may perform temporarily, upon invitaition of a general superintendent any function that belongs to a general su-perinteno ent except make appointments." This amendment was supported by Judges Lchr and Warnock, lay dele gates, and Ijrs. B. Leonard and Lyt-tie. Two speeches only were made in fa vor of the adoption of the report as presented by Dr. Buckley, president of the Episcopacy Committee.

They were by Dr. J. M. Buckley and Dr. T.

B. Neeley. While at first there seemed to be a strong sentiment in favor of Dr. Leonard report when Dr. Buck ley finished a ten minutes' speech in favor of the adoption of the committee's report the vote was practically unani mous in favor or its adoption.

The Rev. A. G. Kynett, of Philadelphia, presented a report on church ex tension which contained a change of great importance to the more wealthy congregations. It takes away the right of the board of church extension to assist churches costing more than 000, nut gives the board the right to make especial recommendations in cer tain cases.

This change was adopted by the conference. EJECTED. THE WILD OF WILLIAM HfGRAM PBOVES George Bercaw In Terror of ExecutionVerdict For tie Plaintiffs. The will of William Ingram, the for mer City Controller, who died in February, was tendered for probate in the County Count yesterday afternoon and rejected on account of its having- been signed by but one witness. The instrument is dated March 17, 1900, and provides that the bulk of his property, valued at about 52,500, shall go to his two grandsons, Stuart Herd Waring and William Ingram waring, lie appointed Mrs.

Catlett and Ida Waring guardians of his grandchildren. Several other small bequests are made. A. 'H. Worl-ey was the only witness signing the paper.

The Fidelity Trust Company qualified as administrator. Grand Jury's Beport. The grand jury returned the following indictments yesterday and adjourned until Monday: Malicious Shooting at Without Wounding William Frazler. Assault and Battery George Blue. Thought Swings Were Scaffolds.

George W. Bercaw, a veteran steam-boatman sixty-five years of age, was adjudged insane in the Criminal Court yesterday and committed to Central Asylum. Financial troubles are believed to have caused his trouble. Lately he has been an inmate of the Masonic Home at Shelbyville, and a. few days ago when some employes were engaged in pui-uns uy Dniusa lui uit- children he was seized with the idea that a scaffold was being erected for his execution.

About that -time several jtmnsrers entered the yard and Ber caw began crying out: "Here come the men to hang me; in a little while I'll be In glory! Court Paragraphs. Countv Judge Gregory Issued a rule yesterday against George Howard, a special county patrolman, citing him to-appear and show cause why he should not be removed. Several complaints have been made against Howard. Josephine Sparks, Dy ner will, pro- WHOSE BODIES "WERE FOUND MEAB BBXDGEBOHT. FUNERAL THIS AFTERNOON.

The body of Andrew Isgrigg. the last cl the three young- men from Ohio Palls who were drowned in the Ohio river below the Pennsylvania bridge on the morning of March 23, was recovered two miles below Bridgeport, Harrison county, yesterday morning, by J. H. Beeler, a fisherman. The body when sighted by Beeler was floating in mid stream, with the coat of the victim covering his head.

The father of Is-grigg, E. G. Isgrigg, was notified by tele-phone, and he, in turn, informed the undertaking firm of E. M. Coots Sons, of Jeffersonville, that the body had been found, and Harry Hosea was cent after the corpse, taking a brother of Isgrigg along.

The other two victims, Arthur Ever-hart and Edward Hlrt, were found near Bridgeport, a week apart, by Ben Kapler, a fisherman. The funeral of Isgrigg will take place this afternoon at 2 o'clock from E. M. Coots Sons' chapel, and it is likely the same pall-bearers will officiate that acted at the burial of Everhart and Hirt. These were Louis Siegel, Ford Taylor, Gus Snider.

Thomas Harry Watson and George Straw. NEW ALBANY. Mrs. Emory Ford and her daughters Masses and Estelle Ford, have r-ituVned to their home in Detroit, after a visit of several weeks with New Albany friends. Sir Knight Charles Day, New Albany Commanaery No.

5, Knights Templar, was elected Grand Senior Warden at the meeting of the State Commandery held In Indianapolis this week. Mrs. Lou was fined S8.S0 in Magistrate Fogle's court yesterday for provoking Mrs. Davis. She promptly paid the fine remarking that she had value received, and left the court room.

The Grand Lodge of Odd Fellows will meet in Indianapolis May IS and 19. The deleeat-es from the local lodges are Edgar B. Martin. Emmett E. Hardin.

John Ed-rnemdson and George Bornwasser, Past Grand Master. -PeUr Staser, bv his attorneys, Stot-eenburs Weathers, has illert a suit for divorce in the Circuit Court against Eddie Staser, the alleged grounds of the action heme: desertion. He also asks that he be given the custody of their five-year-old eon. The funeral of Mrs. Ella Sllz, whose death was hastened by grief over the death of her husband.

Peter Silz, ten days ego will take place this morning from Trinitv Catholic church, and the burial will be in St. Mary's cemetery, cm the Cnariestown road. Patrolman Sines arrested Mrs. Amelia Staliings yesterday on a warrant sworn out bv her aivcreed husband, who charged i-er with having used profane language on the streets. She entered a plea of not guilty and was released on bond for her appearance to answer May 20 in Magistrate Fogle's court.

Superintendent Shutt, of the Metro, politan police force, will leave this morning over the C. and C. railway for Norfolk having in charge Martin Rut. a ileserter from the Brooklyn, who was arrested in this city a few nights ago bv Sergt. Adams.

Rutledge deserted from the Brooklyn at Pensacola In March. The pen used by Robert J. Tracewell, Controller of the Treasury, in countersigning the warrant for the appropriation of H0.000.C00 for the Panama canal, was ent bv -Mr. Tracewell to Lewis 3. Pielv.

of Co'rydon. Mr. Kiely will carefully preserve the pen as a souvenir of one of the most important acts in the history of the nation. William Weissinger was arrested by patrolman Starr vesterday on a warrant sworn out by Mrs. Adelia Babcock, the charge being shooting firearms within the ciiv limits.

Weissinger pleaded not guilty to the charge, and the case was set for next Tuesday in the City Court. He was released on his own recognizance. Mrs. Babcock asserts that Weissinger shot her cat tombstone prepared by a dealer of this citv was sent to Elizabeth, Harrison countv." vesterdav to be placed over the grave" of Elmer Brown, who was killed bv Walter Hall, in Kentucky, on a farm opposite Bridgeport, Harrison county, eiclit miles below. On the stone is in-Fcribed: "Elmer Brown, born December 12 1ST3 Was murdered by Walter Hall July 3903.

Vengeance is mine, I will repay, saith the Lord." The Rev P. Shrode was thrown from a wagon at Fourth street and Cul-bertson avenue vesterday morning, the horse having become frightened. The animal was caught by Michael Dougherty, the merchant policeman, who took Mr. Shrode to the Monon freight depot, a short distance away, where he was cared for bv Dr. J.

F. Weathers. No bones were "broken, but it is feared he sustained eericus internal injuries. Miss Ruth Abigail Peake died Friday night at o'clock at the home of her father James Peake. 1210 East Elm street of quick consumption.

She had been ill for some time but was able to be out up to a few davs before her death. Sfle was thirtv-flve vears old. and besides her father, she leaves a brother, Harvey T. Pake The funeral wiil take place Sun-dav afternoon from the Central Christian church. The services wiil be conducted by the pastor, the Rev.

B. F. Cato. John H. Brvant.

a veteran of the Civil War who served in Company G. Twenty-sixth Kentuekv infantry, died early yes-terdav morning at his home on Troy street of dropsv complicated with heart disease. He was seventy-four years old and he leaves but one child, a son. The funeral took place yesterday afternoon from the residence, the Rev. D.

Holt, pastor of Jennie DePauw Memorial church, conducting the services, and the burial was in the National Soloiers cemetery, on Ekin avenue. M. Hendrem, an old resident of the countv, died early yesterday morn.ng at his home in Georgetown townsnip of tuberculosis of the bowels. He was born Sprmgfleld seventy-eight years ago, but had lived in this county for more than flftv vears. His aged wife, to whom ne was married fiftv years ago last February, and four children three daughters and a pin.

survive. The children are Mrs. Charles Mottwiler. Mrs. A.

H. Case. Mrs. George Wolfe and William Hendrem. The funeral will take place this afternoon from the Christian church in Edwards-vilie, The Coterie, a popular literary club, has just issued a handsome programme, a veritable work of art.

for the ensuing Eeascn which begins October 5. 3904 and closes Slav 3. 1905. The study will be "Our Countrv." and the first meeting will be held with" Mrs. George F.

Penn. East Thirteenth and Main streets. October 24. The last regular meetinsr of the cluO was held with Mrs. S.

T. Rogers. East Spring, near Third, and an open meeting will be held with Mrs. Samuel Smith. Glenwood Place.

Wednesday afternoon May 25. Each member has the privilege of bringing a guest. JEFFERSONVILLE. --CaDt. T.

Thlckstun and wife hare deeded to Miss Kate Thickstun lots 60 ana 51, in this citv for a consideration of SSW. The bodv of Oliver Pugh. who died at the Reformatory, was shipped to Spencer. Owen countv. vesterday for burial by relatives.

There will be five contestants for the W. C. T. U. gold medal, which is to be awarded next Tuesday for the best paper on temperance or prohibition.

Dr. D. L. Field vesterday filed a claim of $24 against the estate of Griffith Ogden In the office of Circuit Clerk George TV. Badger for medical attendance.

The Rev. J. M. Vawter. of this city, will deliver the addres at the Knights of Pythias memorial services to be held In Charlestown on Sunday, June S.

Henry F. Dilger filed suit in Magis- FITTING HERSELF Mountain Woman Recognizes Seeks To Studying in the common schools so as to fit herself to be a companion for her daughter, who is being reared by a wealthy family in the Bluegrass, a woman of the mountains is showing to what extent the love of a mother will go. The story of the devotion of this woman was told yesterday by George Sehon, secretary of the Kentucky Children's Home Finding Society. "In one of the smaller mountain towns, about two years ago," Mr. Sehon said, "we were given a child, a pretty little girl, about two years old, and we were told that the mother was Insane and not able to care for her properly.

We took the child, and had no trouble in placing her with a wealthy family in the central portion of the State. The mother was tried by a court and found to be Insane. She was sent to the asylum at Lakeland, and I saw her there frequently. She did not seem to be insane, and showed tender affection for her child, asking about her at all times. I was told by Dr.

Furnish that the woman was not Insane, and later she was released. "She knew where her child was, and with my assistance went to see the little girl. The family who were rearing the child met the mother at the depot with a carriage and took her to the house, where they entertained her as an honored guest for several days. The mother realized that the surroundings Into which her baby had fallen were trate Aaron Applegate's court yesterday against Mary Kxaus for possession of a house and $10 damages for detention. George J.

Linderman, Clerk of the Perry Circuit Court, was in the city yester-dav, the guest of Auditor George B. Parks and Circuit Clerk George W. Badger. The "Sons of Hunger," a social organization composed of a number of prominent men of this city, will go to Straws' Mill on Decoration day for an outing, The public schools of Charlestown township will hold a township commencement during the latter part of June, at which there will be about thirty graduates. Shelton Tribble and George Taylor, who are serving terms hi the Reformatory from this city, will come up for parole at the next meeting of the Board of Managers.

Mrs. W. E. Williams, of HenryvlHe. was brought to the Deaconess Hospital vesterdav and operated upon by Dr.

J. H. Walker, Dr. D. C.

Peyton and Dr. W. M. Varble. Miss Marv Kinney died at the home of her mother, "Mrs.

Kate Kinney, in Ohio Fails yesterday morning of consumption. She was forty-two years old and a well-known woman. Within three months Washington Smith of Charlestown township, has lost four children bv death, all of them having consumption. The last of the four was buried this week. August Happel and D.

M. Robins have been named as delegates from the local union of Amalgamated Woodworkers to the national convention, which will bo held in New Xork on June a). Police Commissioner Charles A. Schimpfl and Gust A. Schimptt were noti.

fipd vesterdav of the death of their broth er, Adolph Schimpff, at Dayton, to which place they went last evening. Mrs. Clarence Henderson, who was returned from the Insane hospital a ie days ago, died at Marysville, her home, of a general breaking aown oi ner sysieui. She was a daughter of Peter Mauss. FVirmer sheriff Rave vesterdav after- nnon renorted to Cant.

Clesg that some one had stolen his bicycle. A search for the machine found it in tront oi a ousi- ness house, where the owner naa iert it. R. Butler, of Live Oak, has de cided to accept the call to become pastor of the Advent Christian church, and arrives next Wednesday to begin a series of meetings that will last tor two wecKS. fhf Civil Imorovement Club has de.

cided to use some of the funds it has on hands for other purposes to purchase flower seed for distribution to those who desire to take part in the flower garden contest. Baldock. of Charles- toxvn township, a nephew of Dr. Floyd Parks of this city, was married iasz Othsemane. to iHss Marga- ret Clerk.

They will make their home in Cincinnati. putHnV iMHTrodv. a fireman on the Pennsylvania Lines, is mourning the loss of one or tne most vaiuaoie nuntmg aug in this vicinity, the animal having been bitten bv a snake at uie upen rona, ay-ine within a few minutes. Achilles Garnett, colored, who was serving- a fine of $30 and costs in jail on a commitment from Magistrate Apple-gate's court for assaulting Ernest J. Fred- eriCKS.

a small au uuj, ma.u it is vs- cape yesterday while outside as a trusty, Rr rho now rlmn rard that eops into effect Sunday on the Baltimore and 6hl Southwestern railway, people living at Marysville, Otisco and Xabb can reach home on but two trains, one at 5 o'clock a. m. and the other at 11 p. out of this city. Bayse Ogden died at the home of his daughter, Mrs.

irony jenKins, yesterday inc of cancer, he having been a vic tim of the disease for a long time. He was a native 01 county, ana was seventy-eight years old. A brother, Griffith Ogden, died three weeks ago. To place the department in better con- Established I860 150 Varietiej Esterbirookr's Steel Pests Sold Everywhere The Best Pens Made COMPANION of Them Trouble comes In bunches to the man who stands at the gate to the train shed in the Union denot, and he must be a walking encyclopedia of train knowledge, as well as of things in general. Chester Cook holds the position of gateman, and catches the brunt of all the trials which are to be found.

"Women do not give me as much trouble as the men," said Cook last night, after a rush. "The women have their tickets -in their hands and are ready to do what I tell them, but the men think they know It all and will not listen to advice. They marclL tip to the gate and ignore my directions. Then they get on the wrong train, and come back here and 'cus' me for not telling them. The women seldom kick, while the men, especially the average traveling men, are chronic knockers, and are always wanting more than they should have.

My greatest trouble comes from the people who want to go to the train with their friends. They are constantly trying to get past the gate for one last fond farewell, and bated yestefrday, leaves -her estate, consisting principally of a house and lot at 1030 East Market street, to her son, William Lee Sparks, who is also named executor without bond. in the case of Susan Woodden against the Southern Railway Company, who wanted $500 because she was put on the wrong train and delayed In reaching her sick mother at Alton, a verdict was rendered for the defendant In Judge Muir's court. Mary Wales sued Neal Wales for divorce, charging abandonment. They were married March 23, 1896, and the plaintiff asks restoration of her maiden naime of Mary Sims.

Edward Hoke and others brought suit to secure sale and division of property disposed of under the will of Andrew Hoke. Victor E. Wright was given a verdict for $350 against the Kentucky and Indiana Bridge and Railroad Company. A car ran off the tracks of the defendant in Parkland and wrecked Wright's stable. Herman Bergman, who hadi sued John Bohlsen for $165 for rent, was given a verdict for the full amount claimed in Judge Field's court.

Judge Kirby refused to grant a writ of habeas corpus to J. W. Cordeman, Who had been arrested on the charge of embezzlement upon a telegram sent to this city' from Memphis by the Union Painless Dental Company of that city, Malinda C. Lang sued Addison D. Lang for divorce, alleging cruelty and Infidelity.

They were married July 31, 18S6. The plaintiff asks alimony and Judge Muir granted an order restraining the defendant from disposing of his property until disposition of the suit and preventing molestation of the plaintiff. 'Court of Appeals. Frankfort, May 13. Present, Judges Hobson, Nunn, Barker and Payn-ter, sitting.

Commonwealth vs. Bavarian Brewing Com-pany, Kenton; affirmed. Louisville and Nashville vs. Lowe, wash, ington; reversed: whole court Chief Justice Burnam and Judges O'Rear and Barker dissenting. Lehy vs.

Llllard, Kenton; reversed. Day vs. Long, Chairman, Fayette; affirmed; whole cor.rt sitting. Ayer Lord Tie Company, vs. Davenport, Warren; reversed.

Town of London, vs. Hope, Laurel; reversed. Mathews vs. Mathews, Harrison; Smith vs. Petrle, Daviess; petitions for rehearing overruled.

Ford vs. Azftill; appellant given thirty days and appellee twenty days to file brief. Davie vs. Davie. Jefferson; response of appellee to appellant's petition for oral argument tiled.

Anchorage and Pewee VaUey Electric Railway Company vs. Whipps, Jefferson: Carter vs. Brooks, etc. and Zimmerman vs. Brooks, eta, Carter; agreements mea as to manaates.

Bonum vs. Allen, Pulaski; appellant filed response to appellee's motion to dismiss. Henning, vs. Stevenson, etc, Jefferson; parties filed brief. Wooley, etc, vs.

city of Louisville, case 79; same vs. same, case 90, Jefferson; statement of parties filed and motion to hear same together and passed for oral argument. Cenltral Kentucky Asylum for the Insane va. Fry's Committee, and Michels vs. Central Kentucky Asylum for the In sane, Jefferson; statement of parties and monon to near same togecner ana passed for oral argument.

Taylor, Sons vs. Taylor, Jefferson; statement filed and motion of parties to pass -same for oral argument and for an extension of time to file brief. Joyes vs. city of Louisville. Jefferson; death of appellant suggested; case revived against his executor, appellee consenting; case submitted.

Marshall vs. Walker, Jefferson; agreements of parties filed as to the underlining of Walter Young's will. Cases 73, 74, 75, 82, BS, 96, 9S, 09, 104; submitted. Oases SO. 81.

84. 85. S9. 95. 101.

105. 106 10, 111, 114, 115; passed. cases Ki, ei, yz, ai, iiw, iui, iva, iua, iiu, 112, 113; submitted with leave to appellees to brief. Shindler, County Judge, vs. Floyd, Spencer; argued by John S.

Kelly for appellee' and L. Willis for appellant and submitted. Court adjourned until Tuesday morning at 11 o'clock. Court of Appeals Decisions. Thomas Mann and Edward MIorris vs.

Commonwealth. Piled Aorll 29. 1904. (To ba reported). Appeal frwm Mason Circuit uourc.

upinton or une court Dy juae Hobson-, affirming. First Criminal Law Plea in Bar Two Offenses Cbrnsreitted on Same Occasion. Where parties enter a diwelling-bouse In the night time with intent to commit a felony, and the occupant is awakened while the burglars are taking money from his pants pockets, and they shoot and wound him, the faot that -they have been indicted and convicted for the shooting and wounding, in a separate indictment, does not constitute a bar to an indictment for the burglary committed on the same occasion. Second unnecessary Averrments in In dictment. The burglar- being cc-nrple-tectj when the parties entered tne house witn intent to e-jt-irmif: a felonv.

the fact that the indictment contained allegations as to What they did arier they entered tne house, being surplusage, alhough competent to show the intent of the parties, do riot constitute any part-of the offense for Sensible. think I am stony-hearted because I will not allow It. All aboard for the Baltimore and Ohio Southwestern." The call had hardly floated through the big depot before there wag a. rush for the e-ate. and soon a bunch of hu manity, carrying valises and satchels of all kinds, poured down on the gate.

The line struner out. and men and wom en began to pass through, showing their tickets. Suddenly there was a hitch. A very large and portly woman was In the right of way and she could not find her ticket, sne searcnea everywhere, while behind her men swore and women began, to get uneasy. They were all suffering from the American desire to get on a train as soon as possible after It has drawn into the station.

The woman continued her search, ana nnai-ly she found the hit of pasteboard. The line moved, and soon all were through. Tet during all this turmoil Cook had never lost the pleasant smile he has at all limes, and he was always courteous. He says he has to be to avoid mishap. shooting and wounding, the two offenses, though committed on tihe sarnie occaston, being se-iarate and distinct from e3h J.

M. Collins for appeaiant; Hays and uoraane -aiix ior appeiiw. Zimmerman vs. Brooks; Carter CotmJty vs. Brooks.

Filed April 29, 1904. (To be reported). Appeal from Carter Circuit of the couidt by Judg6 iotson, reversing. T7iiT-t N-w Cminltv Misitake in Bc-intid- ary. The act of the General Assembly approved February 9, 1904, creating the county of Beckham, Is not void by reason of Hho famt thatt the hioundary lines given in the act will not dose.

The act must be treated like a patent and will not be rejected as void beoaiuse of a mistake in one of the calls, it from the Whole act what was meant can oe- reasonably The rule is tWat the court will inspect the whole act, and if the actual l-n-nrfiirvn. of the Tjeeislature can thus be ascertained the false description will be rejected or words substituted in the pSace of those used by Mistake, so as too give effect to tfhe Iaiw. iSecond'-Constiituittonal Conditions. By the provisions of Sections 63 and 64 of tSie Constitution the following conditions must be complied with before a new county can be formed1: First, no county from whloh any part of the territory is taken, must do reducen to less area tumn 4W square muie. Second, the new county must be of not less area than 400 square miles.

Third, the boundary line of iflie new county must nrtt TwiisK wdtihjlTL less than ten moles of the county seat of lany county from which a portion or tis territory us xiLttti. uwui, no mnnitv from which any nart of its ter- rtiiorv 1 taken: shall, be reduced to less than 12,000 mhaibitanits. Fifth, the new countv must contain not less man inhabitants. If any of these conditions are -wanting the act is in violation of the Constitution. Third Parties Wiho May Sue Allegations Demurrer.

Any county wnose rights are affected by an act creating a new county or any taxpayer of such county, may comiplain- -amd insist upon- their nrrotprtirm asainst the In creased burdens which the formation of the new oounty may entan, ana it was error in -'the lower court to susatln a demurrer to the oetition of Zimmerman, a resident of Carter county, and the petition of Carter county, alleging that by the oreation of the new county of Beck-Jva-m the area of Carter county would be reduced to less than 400 square miles, and Its TxvmilaJtlon to less than 12.000, and that the new oounty Would contain less area than 4W sqare mues ana less -uiluh inhabitants. Fourth Legislative Determmat'onOcn-stitutionol Restrictions Invasion of Private Bights. Whilst the Legislature has a large aiscretmii in u-t-iujiue uikjii mi -mtaitTtprr- of Ipe-is-lafcion. not orohiblted by the Constitution, yet where private rights are involved a statute is voia mat is violation of the constitutional llmltatlons vtfwM'T ftf fihe Les'slature. and I-n such case it is thfc province of the courts to determine wneuner tnese iinutations hrttr Hcwi -Holnrt-M bv the Lesllslature.

R. C. Burns, W. C'. Halbert and Clay Brown for apnellarJts: fneooaia as xneo-bald and J.

W. Lusby for appellees. I. C. Railroad Co.

vs. Heath. Filed May 5, 1904. (Not to be reported.) Opinion by Judge Hobson, reversing. TT-ircit "Railroads Puttlm? Oft Passen gers at Wrong Station Signing Paper Releasing ramages.

The appellant, with her four small children from three to twelve years of age. In coming from Mattoon, III to Kentucky, was by mistake of the conductor of apoellant's train put off tho train at Caneyville. 111., instead of Oaney-vflle, her destination. The conductor, learning his mistake, had her brougrht to Paducah, paying her board there, and sent her to -her home at Caneyville, Ky. While at Paducah she signed a paper In consideration- of $2 paid- her by the conductor, releasing him and the railroad company from all damages for -being put ofT.

which the company relied on as a settlement In her suit for damages. Held That the evidence conclusively shows that she understood the paper when she s'gned it, and that no fraud was practiced in procuring her signature to it. and she not having been in any way injured is 'bound by the settlement, and the court should have peremptorily Instructed the Jury to find for the defendant. Wortham, Pirtle Trabue for appellant; J. C.

Graham, B. H. Toung, M. W. Ripy for appellee.

Cincinnati. New Orleans and Texas Pacific, Railroad vs. M. K. Gregg.

Filed May 4 1904. (Not to be reported.) Appeal from Boyle Circuit Court. Opinion by Judge Nunn. affirming. p'rt Carriers Interstate Commerce Connecting Lines Liability for Damage to Live Stock Failing to Rest, Feed and Water.

In an action for damages against the appellant. Cincinnati, New Orleans and Texas Pacific Railroad In falling to properlv care for rest, feed and water a carload of moles shipped frpm Imperial. to Danville, by which seven or mem uieu ti vation by being confined on cars for s-x- tv-eight consecutive nouis -Aitiouu. food or waiter, the defendant cannot be excused- as a connecting carrier on -round that it did not have the stock In its possession for twenty-eisfht hours, nor can It say it did not know that the preceding and connecting carriers had fa-led il CD Itn- der the provisions of United States Revis- ea statutes, i. pany within the United States whose road forms any part of a line of roao over which live' stock is conveyed from one State to another, shall confine the same in cars for a longer period than twenty-eight consecutive hours without imload-'n-them for rest, water and feeding, and the statute furthfr provides that Jn i estimating uch confinement the time during wh'ch the animals have been confined without rest on connecting roads from which they are received must be Incuded.

Charles H. Rhodes. John Galvln for appellants: Charles C. Fox, Robert Harding for appelleo- Her Mental Inferiority and Correct It. so infinitely better than any she could provide that she agreed to let the foster parents keep the child.

"The mother then went back to her mountain home. I made an investiga tion, and found that the child had al ways been cared for as well as could have been expected, and should never have been sent to us. Not only that, but I also found that the woman was never insane. For these reasons I have not disclosed her name, for the Judge who sent her to the asylum would be after me. But the most pathetic and touching part of the woman's story comes after she returned home, fane told me that she realized her child would be brought up in educated and refineasociety, and when she was grown she would be cultured.

The mother knew that she was ignorant and uneducated, and she dreaded the time when she would he the mental interior of her own daughter. She asked my ad vice on the subject, and, after talking with me, decided to educate herseit, so that when her daughter is grown the mother and daughter will be on an equality as far as education goes. That woman is now attending the schools just as she would if she were only a child again, and is cultivating her mind with a fixed determination to acquire all the knowledge possible. The child is being reared in luxury, and is re ceiving all the attention that would be given an own child. ditlon, Fire Chief John E.

Cole will ask that three more men be add'ed to those now on dutv and that 1.000 feet of new hose be purchased. He will also suggest that the black team of horses now in service be sold and new ones purchased to taite their place. Officers Anderson, Stewart and Ufad den arrested Edward Shelton, sixteen years old. Thursday night for stealing a bill from the home of Mrs. Belle- Canter above Port Fulton.

He admitted the theft, and Judge Marsh sent him to the Ketorm senooi ror tfoys, ne caving oeen in trouoie irequenuy. Henry Khobloch, county tax ferret. has made-the discovery that for the past twenty-three years Oregon township has been receiving the benefit of railroad taxes that belong to Washington township, there being a mistake in the boundary line. The amount 'has run up to $2,100 and a law suit win probably rouow. Ferdinand Sem yesterday acknowl edged service to a summons in the hands of Sheriff Pernett for him to appear at Vincennes and answer to a proceeding filed by Florence Sein for divorce.

Sein is a Louisville drummer who comes herG once a week, and the paper was sent from Vincennes to catch him. He intimated that he -was willing to be caught. Jethreal Jones yesterday filed a motion for the appointment of a receiver for the Grand Temple and Tabernacle of the International Order of Twelve Knights and Daughters of Tabor for the State of Indiana jurisdiction. He alleges the order is insolvent, and not able to nav a iudEtnent of S7o he holds against it. May 19 was set for a date for hearing the application.

OLD OFFICERS FOR EMERGENCY ASSOCIATION. New Board of Directors Elected and Delegates To Kentucky Federation of 'Women's Clubs. At the biennial meeting of represen tatives of the organizations composing the Emergency Association, which was held yesterday afternoon at the "Wom an's Club, the old officers were re-elect ed as follows: President, Mrs. George C. Avery.

Vice President. OErs. Henry Burnett. Recording Secretary, Mrs. W.

G. Ham- Corresponding Secretary, Miss Nannie iee JbTayser. Treasurer, Miss Hallie Quigley. Auditor Mrs. B.

H. Bacon. A new Board of Directors was elected and Is as follows: MESBAMBS. Charles H. Pettet, 'William.

Bailey, Charles F. Smith, Basil Duke, Malcolm, Bullitt, Miss Eleanor Tar-Pierce Butler, rant. Gilmer Adams, Miss 'Mary Lafon. In the absence of the president Mrs; George C. Avery, who is in New York, the vice president, Mrs.

Henry Burnett, nresided. An interesting report was read by the chairman of the Committee on Organi zation, Mrs. Charles smith. She said that the association now-numbered 3,766 members, which is an increase of Sll over last year, and that it included forty-five organizations. Reports were also made by the officers.

Two delegates were elected from the association to the Kentucky Federation of Women's Clubs, which will be held at Franklin June lo, 16 and 17. Thev are Miss Dilla Breed and Mrs. R. P. "Halleck.

SENATE COMHHTiTEE MEETS. Defers Action On New State Bev-enus Law. The special Senate committee appointed to draw up a suitable law governing revenue and taxation for Kentucky met last night at Seelbach's Hotel and laid the preliminary plans for the new law. The following were present: J. W.

Cammact, G. W. Hickman, W. Booles and Laban Phelps. S.

H. Cox was absent. The committee decided to obtain the laws of other States on this subject and to make a careful study of them before compiling any law for Kentucky. The committee will meet in Louisville again within the next few weeks. The Infant Weeds a perfectly pure, sterile, stable, easily absorbable and assimilable food.

These are a combination of requirements which are found in Borden's Eagle Brand Condensed Milk. These properties are so perfectly represented in no other form of artificial infant feedins. for the month of April, and the is shown as follows STEAMSHIPS. AZORES, GIBEALTAli, NAPLES, GEXOA. "CANOPIC" 28.

July 2. Aug. 2t "ROMANIC" June 18. July 30. Eept 17 These steamers are the largest in the Mediterranean aervice.

First-class $30.00 upward. Send for rates and Illustrated booklet. BOSTON to LIVERPOOL Tla Qncenstowo. CYMRIC May 19, June 16, July 11 CRErlC June 2, June 30. July 23 HEPUBLIC June 9, July Au.

11 First-class $60 and $ttf upwards, according to steamer. For plans, apply to Company's Office, Si State India Boston, or to J. PINK CUNEO. 336 W. Main HUMMEL METER.

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HEALTH BESOBTS. For Rest and Health with all the comforts of a well appointed home, go to the North Shore Health Resort Wlnnotkct, Illinois Chicago's beautiful suburb, located on the shore of Iake Michigan, 16 miles from Chicago. Write for booklet of this Ideal Northern Resort with endorsements of leading physicians and particulars of its great wt success in the treatment of Rheumatism Nervousness Diseases of Heart, Kidney Intestines Conveniences of first class hotel. Care and equipment of modern sani tarium. Country life, city improvements.

OR. 1. H. HIRSCHFEU) DR. LILLIAN MITCHELL Resident Physicians STJMlBEER be sorts.

RECREATION and Re-Creation HAND 1H HAND AT ALMA'S FAMOUS SPRINGS ALMA, MICHIGAN Best and tho wondettnl waters, solid brick building, luxuriously' furnished, eerj room flooded with Banmhlne- and pnro nirj attractive drives, boatlna on Pine Riwr. S-boIe coif links, eTorrtbicg yon want, Including HEALTH Yeror namo wont or secures facts, rates and all Informatioo. THE ALMA Alma, Michigan WARM SPRINGS, BATH art now opto ior guests. For circular and terms address EUBANK GLOVER, Warm Springs, Bath Co, Va. Tatham Springs.

The Hotel. In charge oC Mrs. fi. E. Wornall.

will to open for the reefpttoa of guests. May 1. 1904. Write for catalogue containing rates, testimonials of many persons by the Us of the water and other Information. Addre? MRS.

B. E. Tatham Springs. Ky. ATLANTIC CITY.

HOTEL FOXCE DE LEOX. Virginia second house from Beach. Capacity 350: cuisine unexcelled; special prtnj rates. S. E.

SWEENY, Owner and propr. J1AKLB0B0TTGH HOUSE. JOSIAH WHITE BOSS. When la grippe prevails the proper pro-cftedlne is to provide yourself wltii a preventive. Wmtersralth's colli Tcm fs a positive prophylactic DEATHS.

ANDERSON WUHBin B. Anderson, at tlio Norton Infirmary, May 13, at 8:45 p. in the 85th year of Ms age. Funeral from the residence of William S. Parker, 1705 First street, this (Sa.tur-day) afternoon at 4 o'clock.

MEETINGS. Daylight Lodge under dispensa- tion F. and A. will meet in -JV, stated communication in the blue room, Masonic Temple, this (Sat- urday) afternoon. May 14, at 4 o'clock.

By dispensation the 5a A. Degree will be conferred upon eight candidates. Members of sister lodges and Mastar Masona sojourning in the city fraternally Invited to attend. I. T.

WOODSON, JR, Master. STEPHEN D. SMITH, Secretary. TJNDEETAKEBS. Gran.

W. Smith's Son XL 8. 8BITB, Praprlotor. Funeral Director, Southvest corner 7th and Wnlnvt streets Both Telephones 810. 5CH0PPERH0RST BR0ST- Funeral Directors nmbalmcra 1820 West Market Mepboae 1 8-4 1 Chapel for ok of pitnas Closing Out Stock of MONUMENTS Great Reductions in Prices for tho Next 90 Days.

Artiatio Designs and Excellent Workmanship. Joseph H. Peter Co. 923 Bast Broadway. HOW TO SAVE ICE.

THE "SAVIN IGE PAD" will save IS to 33 per cent, on your ICE BILL. For particulars inquire at our up-to-date HOUSEFURNISHINC DEPT. In Basement. The --Perfect" Ice Freezer is the best. Cream ITEM CHANGES.

Notice. rrlvan that tha rimer nnmnnnv finfl Neat-Blchardson Drug Company, have this day cotiboiiuhiku wmc. PETER-BAUEB DRUG CO By M. C. PETER, President NEAT-RICHARDSON DRUG By A.

E. NEAT, President Ixmlsvlile, April 30, 1M. CORPORATION NOTICES. Fidelity Trust Company. The annual ineeting of the stockholders of the ETDBX.ITT TRUST vuiirA ii for the ejection or airecrora ior ine i- I mtimMMr nf SU.as yeiir, aiw iu.

vc ouch other business as may come before It will be held at the office of the company, 20S-210 Fifth st, on Thursday. May 19, 190i, at 3 o'clock p. m. JAMES U. JlAflW, aecreia'-j.

Wlntersmlth's Chill Tonic is a specific h'iia o-nii Vver. It has been In con stant use for forty years, and has fully demonstrated its efficacy as a remedial asent. Don't experimen..