The Courier-Journal from Louisville, Kentucky • Page 6

HE. BAXTER'S WILL. How the ex-Mayor Disposed of His Large Estate. Judge Simrall Decides What Fines Belong to the City. The Japanese Store Makes an Assignment to Capt.

Irwin. More Suits Brought Against Mr. .11. lTollerinan. GENERAL COURT NOTES.

Tbe will of the lata John G. Baxter wu probated yesterday. It wis as follows: John O. Baxter, of the city of Louisville. Jefferson county, do mate this instrument of writing as my last will, hereby revoking all outer by me heretofore made.

"First I direct that my just debts shall be paid as soon after my death as may be practicable, and in the event that my personal estate sball not be sufficient to par tbem. I authorize, empower and direct iny executrix, hereinafter named, to sell and convey so much and such part of my real es-tate as may be necessary to the payment thereof. Jn determining what piece or piece of my real estate shall ba sold for this purpose. 1 direct my executrix to consult witb and get tue advice of mr friends. ham nel A.

Miller and William "McCready, trie last named being the brother of my and executrix. Second Subject to the payment of my debts, I eire to niy wife, Alicia Baxter, ail of my estate, real aud personal. The personal estate 1 give to her absolutely. 1 give the real estate to ber for ber life, and 1 hereby anthorizt and empower ber, with the advice and concurrence, expressed in writ ing, of inr said friends, Saniuel A. Miller and Wm.

VIcCready, to sell and convey any or all of my real estate at such lime and upon such terms of payment, and at public" auction or by private sale, astaruy said wite and said advisers may seem best, the procee.l to be reinvested in other real estate after consultation with suid Miller aud Mi-Cready. At the death of niy wife, I will nil my said real estate now owned by me, or which may have been acquired under tilt provisions of this will, by the sale and from tbe proceeds thereof, to be equally divided between my children, Mary VVooldridge, I'A zabetii Creary, Maggie Belle Pooly, Carrie Annie C. Emma John ti. and Wiiiiatn ci. Baxter.

1 he share of rur said estate hereby devised for my suid daughters shall be held for the sole ani separata use aud benefit of each and their heirs, and to be forever free from the control, debts and marital rights of any husband either of them now nas or may hereafter bave. But sbouid any of my said ch.ldrcn die before their mother, without issue living at the ine of said wife, the share or shares of sucu decedent or decedents, in my said real estate hereby devised to them, shalLco to tbe survivor or survivor of said coildren, and to the issue of such as may bave died before my wife living at the death of my said wife, the issue of said child or children taking tue share tbe parent, if living, would bare Ukeu under tbe provisions tni will. And I hereby appoint said Samuel A. Miller and Wrn. Met ready trustees for my said daughters, without bond, and they are hereby authorised terminate tbe trust hereby im posed on tiieia at any lime they may think it prulent so to do.

and upou terminating said trust they shall convey to each of said daughter, or her representative, her share of n.y said real estate to her sole and separate use and benefit as above set out aud subject to ail the provisions of this will affecting the interest of said dauguters. Any interest that my said daughters, oreit'uer of thorn, shad acquire under the provisions of this will shall be for ber soie unit use and tune fit an 1 forever free from the control, drbts and marital rights of any husband either of tbarn now lias or may hereafter Lave. An i should any of lay said children die. leaving no living issu6. the share of meo decednut snail pass to his or her brother aud' sister and to the iul of such us may bave died, issue taking the pareut's share.

Third iSuouid my vif marry again. then I direct that she shall take only her dowabieand distributable share in my estate, as provided by the statutes of this Stale, and the absolute gift of personally made to her in the second clause of this mil shall be nioi-itied by this clause and controlled by t'uo provisions of tbistbird clause, and tue power of sale conferred by rail second clause hereof shall also be and is hereby recalled and revolted upon the happening of that But any sales made before that event takes place shall be valid and linal. aud the purchaser shall not be required to look to tnr investment or application of the purchase money of any real estate purchased before said marriage. filth I desire that my unmarried cbil-dren shall lire with my wife until they are married, and I request my wife to allow any of our children or to feel that they- may. always come to and be welcome in ber home, but this is merely a re-- quest, and is not t- be held or construe 1 into a trust in bebaif cf our children or grandchildren.

"Sixth When the time for dividing my teal estate amon? my children arrives, 1 re- quest of my said friends, Samuel A. Miller and William McCreadv, to division and partition between them, giving a fair and equal share to each child or representative of each child. "Seventh I direct that my businass sball be closed, settled and wound up within a year after my death, or as soon after that lapse of time as may bo practicable. I think it ought to be closed up, and all stock and material and property in hand or disposed of without involving a sacrifice of "anything in twelve months after my death. "Eighth I hereby appoint my wife, Alicia M.

Baiter, executrix of this my will, and direct that no appraisement or inventory of toy estate bo and furtner hereby relieve my said exeeutrix of giving security as such, aad request that she may be permitted to qualify whenever this will" may be probated, and in all courts of this State or elsewhere, without giving security on her official bond. "In case of the death or resignation of my said trustees, I direct the Louisville Law and Equity Court to appoiut two trustees in their place. "Hut there shall be no such appointment unless both of my trustees die or resign. "In testimony whereof 1 have hereunto subscribed my. name this 4th day of June, lb4.

Jobs U. Baxter." Witnesses: J. L. Smtser. John il.

Goodloe. AN IMPORTANT DECISION. Judge Simrall, in the Law and Equity Court yesterday, returned a very important opinion in a suit of tbe" city of Louis-. ville against J. D.

Barbour, Sheriff df Jefferson county. The action was instituted to inquire into tbe proper destination of fines collected in the Circuit Court. Previous to 18S2, all sucu assessments were turned over by the Sheriff to the city. Since lSS2.aU such assessments were turned over by the Sheriff to the city. Since 1SS2, they bave beeu paid in an amount reaching (31,000 the Trustee of the Jury Fund.

ndge Simrall decides that the fines belong to tbe city. His pinion in full is as follows LonsTiLU Law Koi-jtv Coi-rt. City of itllTltfr, pUmtiff, VS. J. l.

Barbour, Sheriff tit Jrffrrmn County, arjenaa-i 1'plnion- by Judge Simrall. Under agreed facta, as authorized by the Code of Practice, the city of ixwis-; ville and J. i. Barbour, bherlfl of Jefferson county, bave submitted to this court for determination two Questions: First Is the city of Louisville entitled to the fines imposed by the Jefferron Circuit Court for nil i Hi i lies li i il i 1 1 ii ii ii ii i ii uw city ui fu-. tsvtu? Second If the citv is entitled to such fines, can she nnw recover rom the Sheriff so much thereof as he has already paid to tbe Trustee of the ury Fund? Tbe agreement upon which this controversy Is submitted" shows tbat Barbour bas been bherirT ef Jefferson county since January, ltM3;" that si Dee his induction Into office 'be has collected the fines imposed by the Jef.

Ofrctiit Court for misdemeanors com miif-d within the city of Louisville, tbe sum of Sai.uu.45;" that he Has paid over all of said money except the sum of $2,001 to the Trustee or the Jury uoil; that tbe city never made any clatm to said money until after Barbour made his last payment; and that he did not know that the city made or could make any such claim. 1- The first question turns upon the proper Construction ot tiie lourtQ section Of an Act of tfie legislature, of liiith of March, leufci, entitled "An act to amend tne charter of the city of Louisville," which gives a right of action to the city for any injurv or damage to aoy of its public ways, and makes the person guilty of i luco wrong atso liable to a fine of luo in the City Court; and then provides that "sll such tinea, as well as the fines tor all ott er misdemeanors committed in the city of Louisville, shall when collected be paid into the treasury of said city, and be subject to appropriation by the tieneral Council of said city." It is contended by the defendant first, that nsder the doctriee of tjusdrm yiirii Ihl Ian- EUaka must be limited to lines collected in the City Court; secoud, that tbis part of. tbe act is unconstitutional beca'ise the fuuject of legislation is not indicated by the title to the act. To i roperlv construe this act it will ba necessary to recur to tne antecedent statutory laws upon tbe subject. For many ears the City Court had exclusive jurisdiction over ad indictable as well as other misdemeanors committed witbin the city ot louisville, and all fines therefrom were paid to tue city, in Wl tnis jurisdicuea as to indictable misdemeanors was transferred to the Jefferson Circuit Court witbout any express provision as to the destination of the fines altar that time.

But tne Oeneral Statutes provided, p. 5T8. sec. 1, llial tines and forfeitures comiug nom judgment ot the Circuit aud ouuly courts. Justices of the leace aud i'olice Judges sball cousiitute, situ cerlaiu other revenue, tbe J.

iry fund tor e-ca ctUiity, excepting the portion oi suco nues as tfoes lo tne Couiuionwealth's Alt jrney and the scnool fund, and excepting also "fines lor violating the police laws any cny cr town, uuu Hie dues a id forfeitures aijuued by the CityCouitof L' UK-vde. tc 1., pare TS-J, oeneral Statutes, mrf it Ihedntyoi tne bh--ria lo collect lines nnd for- over thersauie as iS'iuirei by law. Sc. 3, pa ire i'i, makes it the duty of ell civil officers In. fiaes their husds to ine jt.ry luna to pixy tlie same to the trustee thereof soon aa rweirmj.

and on penally ol isaunrxe i for a violauou ni law. Uy 11, page obO. ihe 'lrustee cf the Jury I ini'J is required to settle his accounts and to "pay into the treasury auy balance reuiaiutrg in his nands on the 1st cay of January of ucu year. -der tbne statu'et all tines nsesed fn The Circuit Curi are uiected by te Aneiid and a oter to aud i tittvtate. 1 rom these iAjd ntT line statutes it is argued by counsel tor tlie 'inal the uistiuction wbicb runs Lnruub Ail ul the sta.utes iu reference to tlie Uesllualiou ol Hues, is nofrthe cAar- lor which they aie reovrred, but the cuuri in wnicli they are recovered:" thai tnere has never heeu auy act "lliat cave lo tne city ot i.ouisvil!e.

or any local any of tne hues recovered in ihe Circuit Court. In this we tmnk the learned counsel are mis taken, Ky the Lrmeeblh section ct an act to am nd the city's charter approved lebiury 1 ISJ-l. It was proviuea "tnai Lite ntie, Mna.lles and furfeiiures assessed ov tne juJK'neni of llm JeiTerson Circuit Court fur olteiiMS coiiiuutled. or lurfeitures incurred within the city Louisville, snail be tor the benefit, of tue public scuooi oi s.iiu city, aau p.tia io court, cr coiieviea tv tue Siienll or other oflicer. snail be haiuied over tasCuuimoanrAiiu'.

attorney ithout ciiare. aud oy niui repaid over to the treasurer ul tne tfity ot la)U(si He without chaiye once iu three months. or oficner it reani'eu, and tuere was a similar eiinctniriiL at tbe same time as io all lines and forfeitures assessed by juug nieiii beloiu the Jlayor or any Justice ot tue l'eace. fi.r any ottense coiiiiiuued within tne city of VVe believe this sumta remained force until ls'il, Leu on tne ol aa act was passed "to cnarter ibe city ot l.onisvtile. hy the third sccnou of tnal tci jurisdiciiou was gi'ven to the City Court or l.nuis.nie "in ail nutursof penal ties, tor a Violation of the laws of this louiiiiuu wealtu." by tne ninth section of tanas act, "the tines and forfeitures in favor of the Commonwealth in id court are liereoy rauted lo tue of i.ouist nie, liir tne oeneiit of tne university and pi.uhc schools ot Louisville." So in tne cuarter ol 13.

the jurisdicuou ot tue ity Court over buru leiises is coulli.ued. aud iu section it is provided mat "ad hues and recoveries in said court, whetuer in tne i auie of lae Comtuou- weulin or city. sMall be paid Into the city treas ury as a contribution toward tae expenses of saii court cnured upon the city. Inus tlie law reui.iiued until the act of lsTd. when tins jut isuictiou was airaiu conferred upon tne Jef- leisou ircuil Court, it will be observed that for nearly twenty years wmle tnese tuit-s were beiinf collected in tue tuey were paid lulu tne City Treasury jusi as Mey have beea for the thirty years toiioii iii wnen cjoiiected in the City Court.

So tbtkL it i.a beeu tbv ttUU policy of tnis tale for nearly r.lty yeais; to gne weciiy of Louisville the heiirlll of tliese lines It ssufteis not in I'hicU fit me coileefec. These lines are conov'ted. and Older and good trveniuieut pteserved in tms city iiiHinly tnrouh tbe eliioiency of tbe Police 1'eparLmeut. wmcu is organised and nifUutaiued at eiiuriuous cost, paid exclusively by the city, el the ponce lire peace officers, and repres-nt tue iiuituoiiweAUlj; da ilc city oi l.ou.st.lie. wneu acting ttirauiiu tneai, is exeicisiii; a part of paer oi bute.

it is the duty ot the ComuKinweaith to pre-ipiTif lew auJ ur.ier ai.d 1 ti 1. 1 .11 i gTtfrn tt.i-i.t in r.S caucus evi-ry where. 'Ine city ot Louisville, as a political suuuivisien of the State, UUiiiT p.Wfrr coLiVrrcil uuoa it. ns. in iursure.

reneve tne l.ile of luiuiii uisiioof Us territorial limits. ins amue is sullicicat reason for the Legis- tatiir'-irlvin ii- Ibe -l these VVeuouol Ixleteiual wi.eu tbe net of lT'J was i'ii-yd, away th-scitj Cou-t and g.vi'.g to tne Circuit ourt tLe exclu-ive jui isiliclicu over lu.l.ctablc luisdenieanors. tlie Huesiion was cnsidred ft 10 effect of tlie tact to take away iroui. tiie c.ty of Louisville tue ift-lit lil ot sucu lii.tr T.o object Neui. to hivv Im-cii mciease me jurisdicli' iu of the Ciicuit Cmirt in county, as by tlie saiun act its jaiisiiicUonrwis fruui it in other counties: ana it was l-pivijed thfit "al'ier dy of tbe county of Jefferson s'lad ci'iisiiiute the iuih Court Judicial District." lt is also provided in said act that so much of it as give the 1 ircuit Court' exclusive jurisdiction o' er indictable misdemeanors "shall not apply to anl court until tb 1st of January.

1S.7.N, wl.x li ee Ceiieve was the lime wheu the term of the City AUoiny expired. Whetuer tlie tees perlainincr to thi? business had Miiyliiini; 10 Uo witb me cliune of the Uw 1a lc: 10 lnltrici.ee. Whatever may havo- been tlie otgect tlie law, il had the ellect uuvler ihe operation of a prr-existnisUtute totakctue money from tiie ciiy iiiTo tbe tate Tieasury- Hut the act of lh.vj, which we are now coiislruine. ex- piessiy 1 npiires these lines to go back into the city treasury alter that time. The language of the act is "all such tines, us e'l nu'luf jiirg fr iHiaitW'UMt' committed ii the at of shall, when collected, be paid into tii- treasury of said city." This lanuae is so plain and unequivocal as to leave no room for tse apj.licati'iii of tho jid-m yriirris.

That rule Is well settled au.l afplicable 10 many case, til by il general words are liiiutetjo things of the same kind previously mentioned. it it is a rule of construe-titjii. ftU'l nev.rapi'lie(lexi'e;i wnen siiown by the context or otuei wise io be jirnpcr. There nre oilier rule of construction equally im portautsuca as vl he presumption nf -rreatev-or h-ss strencrh nccorUiinr to. tne hiuciiao -netl or tbe t-ircutn- staricei of the cii-e, iu favor of tue coniptelien- sive over the restrictive, the' iceneral over the particular, tne common over- the unusual Be; sc." Parsons on Contracts.

o(W. Second "In the absence of atubitiity. no exposition shall ce initio which is to the expreys words of tne instrument. tlrown's LrKal Maxini-t, 01U. Thbd "A statute ought upon the whole be so construed that if ic cuu' be iirevenced uo clause, sentence or ord shall be Kuperfiuous, voiit.or.in-sitfni;lcant." Bacon's P.

The most elementary aril best ruie of construction of all. anil one applicable alike to nil ins rutnents of riting, i fo i'crpr-1 lan'iwQ tn ruenn irhat it num. T-Tlie laiiguae of this statute says, in ore 'JL'crbn. "thut fur nil wi-1 t-m- toniimtteit tn thr cit'l of LouUritle. hnl, trheii br into the t'eitKuri 0 itnifi When we consider that this is in accordance with the seuled pilicy of the for nearly years, we can iut doiilit that it was the intention of the Legislature to restore that policy.

IL Nor do we doubt the constitutionality of tbe act. As said by Koberisou. in citv of l.otiisvilie vs. Commonwealth, 1 Duvall. Ci7: "The city of Ixiiiisviile to the extent of the jurisdiction -delegated to it by its charter is but au effluence from the sovereintv of Kentucky, governs tor KentucKj, end its autnonzed and locnl ainiinidration of law are leiristanon and atl ministration by Kentucky, tbrouu tbe agency uf tuat tnunlci-paldy." In and by the charter of the city of Louisville the Legislature has set up and established a complete local irovrrnment here.

Thai charter o- vides for Die co'lection and destination of hues and forfeitures. Cutler an act entitled "An act to amend the charter of tbe citv of Louisville." it was certainly competent for the legislature to further legislate upon the same suhject. The reason of the constiiutional requirement that 'no law shall relate to mora than one mibject. and that shall be expressed in the tule." is to notice. Well, surely no lejisjaior could be surprised tn find that an amendatory act covered precisely the same subject mauer as the original.

The Court is of tne opinion that the body of the set is german to the tule. UL The last point made by the Sheriff's counsel is that tinJer the doctrine of equitable estoppel the city, having stood by-aud allowed the Mier.fT to 1 tar over this money, has lost its right. We think 1 his a misapplication of the doctrine. As said by Kicrelo w. pare .145: An estoppel in such cne arises "from the circumstance rbat the party ciAiminf the benefit of UUas.

while acting- in ttood laith, been induced by tbe voluntary intellipent action of the. party against whom it is alleged to chance his positiou." estopped has reference to a representative expression implied and precludes a denial of lu truth." While in a certain sense is Is presumed that everybody, especially an officer of the law, knows the law, yet it was a very violent pre THE COURIER-JOURNAL: T.OUiSVILLE, TUESDAY MORNING, APR1X 7, 1885. sumption la this ease. For the court is aatltdled that both the Sheriff and the city were In a blissful state of icmorance of the fourth section of this act of 188-. At any race there is not bine to Indicate that either the city's action or inaction bad anything to do with tbe conduct of the Sheriff; and there was no relationship between tbem or truss or otherwise which required the city to speak.

tut there is a principle or law wnicn we minx does protect the Sheriff. In the collection and payment of this money the -sheriff waa nothina-more nor less tbaa the fiscal a(rent of tbe State of Kentucky; and the very moment be in good faith collected and paid these fines to the Istate his liability ceased, and the etaim of the city was aralnst the principal and not against the af-ent, think this was settled in tne case oi tne Commissioners of the Sinkine Kund vs. Theobald. 17 H. p.

481. Tbe Court of Appeals says, "upon what principle, then, of the law applicable to the rela tion of principal and ae-ent can tbe riitnt of rec Lai man on against the Commissioners of the sinkinj; fund as relied upon here he maintained? Kven teeardiiiff tbem as an independent corporation, having nocoaneetion witb tbe State except as an in this particular transaction If they had received in the name and lor the use of the State, as its mere scent money to which tbe latter was not entitled as subaeuentlr ascertained, aud had in irood faith paid it over to the principal, such aeent would be uo longer re sponsible io the parly from whom the money was received. If in such case the rleht of reclamation existed at all afraiust the agent, it could exist no longer than while tbe fund remained iu its hands, and before it bad been paid over or so disposed of as to be completely beyond the power or control of the agent. In all such cases the party must look-to the principal not to the agent. If the appellee has a just ri'lu of recantation, it is against the Stale she having received and bad the benefit of the fiii.d and not against the apftellatite.

The conclusion of the Court nrst. that, the city of Louisville is entitled to all the fines for niisdeamor committed inside the city, whether collected through the Circuit Court or City I 'ourt since tne act of If.s'j; secoud, that as the Slienrf has au-eady paid 4d collected by him since then, except he is under no liability to the city lor wbat he has so paid, but the claim therefor is the State; -third, that the ciiy is entitled to the remaining ia the bands of tbe Sheriff and to all fines hereafter coilocieu. Let judgment be entered accortiiiily. WAS IT OR WAS IT "George Simpson!" shouted tbe Marshal of the City Court, "come around," aud a tall, raw-boued, elderiy colored man stepped from the prisoners' dock, aud another colored man ascended tbe witness stand. Well, sir," said the Prosecuting Attorney, "why did you have this mau arrested "Because he stoic my replied the witness, lowering his voice at the close of tbe reply, which rendered the last -word indistinct.

"Stole your did he said the Prosecutor, inquiringly, and the witness' heanu being; anout as imperfect as bis pronunciation, he did not notice that he had been misunderstood, and replied, "Yes. be did." was the pig worth!" "About a dollar." 'How do you know be stole it did vou see bnu take nf" "No, sir; but be was right by a little whilo before missed it." "Where was your pigf" inquired tbe Court. "It was iu tbe ice-house." The Court looksd at the witness earnestly, as if to ask. "What was tbe pig doing in au but said nothing. The witness conduced his testimony, and another took bis place.

"What do you kuow about this pig casoi" inquired the Frosecutor. "I know Simpson took it," replied the witness, whose hearing was evidently affected. "lid you see him take it sir; but he was there when we went to uinuer, and wheu we came back bit was gone and so was be." hat was it worth "About tweuty-nve cents." Theu the Court looked toward tbe witness-stand ain, saeoiin a little surprised at the ditletenca in the appraisement placed on the pijC by the two witnesses. ihe defendant's lawyer noticed the look of inquiry from tbe beucb, aud suested that it was a very cheap atfair, which m-Unsihed tbe Court's expression of surprise. "if your Honor wishes it cau be brought into court aud you can see that it is har.i.v worth anything, continued tue defendant's attorney.

Tbe reference to tbe pis as something; very cbeap sounded very peculiar, bdt the oSer to bring it into court was out of tbe question aud could not be entertained for av moment: Continuing tbe examination of the witness tbe Froeecutor asked: "Why do you say that Simpson stole it" ha bad it when wo found "You found it iu bis possession theu, did TOUT' i "Yes, sir." "What was he doint; with itl" "He was diin wuh it." VMe was digtiu wita a pig was he?" "No, sir; be was digging with the pick." And men interpreter Coon 1Veber, who had been almost sutl'ocatiug with laughter, gave vent to his feeliiifC in, a broad sume, and was barely aole to say: "Your lienor, it wo a pick that was stolen, not a pig." An, it was a pick was it1' inquired the Court a ton-j ot reli-jf. "Yes, sir," replied th? witness. "Vou say it was a pick!" asked tbe Prosecutor, putting emphasis on tne la-st "Yes. sir, it was a pick." And then the Court, tne l'rosecutor and the Marshal and Clerk looked at each other and theu ou tbo smiling tuces of thj spectators and for a moment it seemed that all would bave to violate the rules of the court by indulging in a burst of laughter. AVEM'S MOTION OVtKIieLKD.

On the motion iu the case of Avery Sons vs. Meikel that has been so elaborately argued before Jutlt'e Simrall to instruct the Commissioner to report lint profits Meikte Co. have made, aud what they should bave made, by the use cf Avery's trade-mark, in order to estimate the damaire. Judtre Simrall rendered an opinion yesterday overruling; tlie motion. Tho court neld that the plaintiffs, could only recover such damages as thoy bad actually sustained, and the burden ot proof rested ou the plaititiiTs lo show the damage in the usual way, au.i the fact th.tt it may bo di.iicuit and costly iu this particular, cas? uruishus n) reason why tiia rule of law should be changed.

OP.AXD JI ET INDICTMENTS. The grand jury returned the following healthy batch of indictments yesterday: Joseph Bowers, wilful murder; Edward Floore, -assault with intent to rob; John llayden, llattie Todd. Wm Cam, tsamuel and Alary Gonzales, graud larceny; Joshua L. Compton, two indictments for grand larceny; John liays, John Welsh and Ed. Nuvcs, assault and battery John Williams, malicious cutting: Henry ISolomon.

housebreaking; Wm. Tuoruberry, shooting with intent to kill; Fred. Baker and Barry fsmitb, obtaining money by false pretences; Henry Brown, robbery. COURT COUPLETS. A.

E. Wilson sued rfat. -E. Venable and T. S.

Iludd iu tbe Common i'leas Court on a note for SSo. Kenky Klk.ix filed a suit in tbe Common Court against William Denkler ou a rent account for i 1.1. Pktek Mastf.ksos sued Samuel Booker in th Common Pleas Court on a claim of for damages to a horse. Joux McClkllaVd, alias John McAulifTe, alias John McChaithy, was given but one year iu tbe Circuit Court yesterday. Bk.v.

Fruechtemcht tiled a suit in the Chancery Court yesterday against Samuel Bircb on an old Common l'leas judgment lor i'-iuO. A general attachment is praved for. C. F. A.

Hi.vbichs filed a suit in the Chancery Court yesterday against A. 11. Wallernian. of tbe China and Japan Art- -seeking Company, ou an open account for c77t. Wash Hats sued tbe Louisville and Cincinnati Mail Line Company in tbe C'ommou Pleas Court yesterday for damages in the sum of (3,000, for injuries sustained by fall- inc through a hatchway on tbe steamer City of The jury ia tbe Common Pleas Court, which has been engaged for nearly a week in tbe trial of tbe damage suit of Charles Tucker against the L.

and road, returned a verdict yesterday, giving the plaintiff dam- ages iu tne sum of l.CHMJ. The China and Japan Art-seeking Company, which has been sued on numerous attachments during the pas week, mide an assignment yesterday to Capt. H. S. Irwin.

The store has been in tbe hands of tbe Chan cery Marshal for several days, but will be turned over to tbe assignee to-day. a r. alATHEW KANDLEK SUM d. UiadSOn, a Market-street shoe dealer, in the Common fleas Court yesterday for damages io tbe sum of to. 000 for injuries received by falling through an open cellar-war in tbe store of tbe defendant.

The plainttt allege that he entered the store, asked for torn shoe strinirs and- was directed to tbe rear of the store. As be was following tho salesman's directions he fell through the open trap to tbe round, a distance of eishtor tea feet. Thk following citizens compose the April grand jury which was impaneled yesterday i Robert Fiord, foreman; D. lavi, George L. Danforth, C.

J. Kaible, O. O. Barnes, Neville Bullitt. 0.

L. Krack, L. B. Gorley, Thomas list IV. Weinstock, Biro-uel Black, J.

U. Maione, Dennis Lincoln, 1. C. Hitt, Wash. Rice and Fat Talbott.

Djcpcty 8nnirr Bki.l vaill go to Frank fort to-day as an official escort for tbe per- sons named below, who engaged the attention of the Circuit Court during tbe March term: Linn Stone, fifteen years, five of which were awarded him for house-breaking and ten because it was bis second term with tbe State: John 3avi. life term; Louis Ki- It. nmitb. two years: itenryuu- ensche, Fred Demer, Isbam Banders, Joseph Jones, John Cain, one rear each; Aaron Martiu, two and a balf years. Annik Critic, Kate Evans and Kate Hons were before tbe City Court yesterday on tbe charge of robbing a medical student named Witberspoon, but as this individual bad left the city to keep out of court they were dismissed.

Home of tbe young medical student statement caused a number ol gen tlemen who seldom see the inside of the City Court tribunal to be present lo refute what he had said. Ho had represented himself as a theological student, and liev. Dr. Boyce. President of tiie Theological Seminary, ac companied bv a number of students, attend ed to assure the court that tbe statement was a impusitiou.

PROCEEDINGS IN COCRT YESTERDAY. 'iRi-rfT Vu-nT. Commonwealth vs. Wm. De fori ester, sutTennir dismissed, came vs.

J. T. liurzhard, A. blwaug, Jos. achien aud Krauk Mchuiitt, assault and bat-terv: jury; guilty as to aud fined l.i, and verdict guilty as to others.

Same vs. B. W. Minter. selling liquor to a minor; dismissed.

Same vs. no, McClelland, alias John abas no. McCarthy, grand larceny, jury: verdict guilty, aud one year ia the wiiitcn-tiary. r- Loi-isvttjj: Law Aivn FqriTY Cnritr. O'Kannon vs I 'alloway amended answer of gnrtiishee tiled; Inoliou to s.isiain atlacliuient by plaiutirT aud for utt.tctieti iunds.

and subiiiiiled. Wright vs. Adams Lx press answers filed; two weeks ft.r reply; Murray vs. -itv; ai.it.-ii-(l to Junw Sesraie va. IUs: dismissed without prejudice.

Leaihrrmau vs. 'l imes (leiiiuner loiirst, second and third paracraplis of answer of '1 imes and siibinitied: demurrer file.t to and motion to strike out second paragraph of answer of Keil-r ami suomittc-d. lif-K vs. Hckm-in: r-tewart vs. liakrr: motion by plaintiff lor judgment and suhruitteJ; demurrer to tiled aud submitted.

vs. l-'auiknrr, Ac; answers Jiiel. vs. (ildiiMit; answer nled. rsecund National Lank vs.

tV aLord; demurrer to second panmrapu sustainetl. Arteruurn and -ashvilie Ki.ilr.m.l Company; demurrer to amended answer sr. stained; two weeks iriven lo am. ud. ciaric vs.

t'Aine; uiotktn sustained; order set aside. Conway vs. Hart; tin-lion ju lament. Wolf Co. vs.

Hayes; de- murier to amended ieiiliou overribe'l; motion to transier to chancery 'ourt overruie-l; two weeks to aiiswer. City vs. 1'aroour: opiuion Hied: judgment. I.auii:raf vs. Mianks: reply filel.

II'jvi vs. llroTru. Ac; dismissed witbous prejudice, heckler vs. Cooke; answer filed. JfcFixnsos Coi-rt or ('ohmox Pleas.

Turnbul Co. vs. London and itncashiie Fire lus. C'o. Uemurrer.s to amended aitwer and crosl tiled and bet for 11th inst.

'i'unibiill A Cats, Hoy.il Ins. Co. demurrers to amended answer and cross itttion tiled and set for. 11th inst. vs.

ulover satisfaction of itidziueut aeknuwieiL'ed. Hultei Lot vs. liar tier Asphalt l'avui(r assigned to May 7. Iferr va Arleih.irn; motion to tile amended apuwer and stiiiuurieJ. Low vs.

'aivley, law aud tacts; assigned to Mar at click p. a. lies: vs. ltv: motion to transfer to Cha.icery Court and suumiiteti. Mayiieid vs.

Mallory; ilismissed. Second National Mtnk vs. Hayes; reply filed. Said vs. tiold and Silver Mining CoJ: assigned to KenmcKv and lnuiana liride Co.

vs. Hooin', lc; discontinued wimout ireju- uice as tn city; un.eiided ptt.tiou Iil-J: jury; C. Walker rejsorirr: verdict and judcmeuL Funk vs. L. and N.

K. It. special ver.iii-t; fnotion by plaiuu.I fur judgment aud set for llta List. Attest: PacuCaix, D. C.

Law ani) KoriTV C'oraT Equit tj le Wolf vs. Kubii: aussei and couuter claim tiled. May-fielvi vs. leaitt: answer lenuered. Jackson vs.

1ierKt-r; suhmitieJ. llecs vs. Heck; ussi-ned to rorwo-id vs. Korwood; postponed to Llth. Gl-a on vs.

Vanalsline; iostpiinrd to n. 1'uutphy vs. Morris; postponed to Ltth. Lehman vs. Pelletreau; postponed to UtQ.

-Soirell vs. submitted. Lorseh vs. I.orsch: pos'piind lo Steinaclier vs. Kocil, Kisipoiird tol.lth.

Selvage buyder vs. Sinithrrs; pes! pened to 13th. Kinyter vs. Smyser; leave lo Marshal to amend return, order antl itubniic Thompson T-s- to lJta. Coiumonttealth of Ken-tuciy vi Harrison; submitted.

Allen vs. Wel- den: Kllbmtled. iiiltllervs. Merrill; submitted. Mayued vs.

McA.ee; report of sale McAlioter vs. Jone.s; report sale filed; order pay; deed ordered and cr l-r leave. vs. Kennedy; itetuurrer ovei Cornmouvt eaith vs. Udcr; assigned to I Hop.

ins vs. Allen; motion overruled, (ji'een vs. Gret-u; juJcnunt. Mielil vs. s-tic-hl; assin-d to l.ttu.

SinitU vs. overruieJ an i sole con- fi nie.l. Crowe vs. llaniiun; opinion filed. Avery Meikie; oidnion li.ed; motion overruled and 'juduit-nf.

r-ale vs. Kilar Minine Co. response llied, lads City itsnk vs. Uil; amended ni. and di itiiirrer filed Stibnutted.

Seller or alt rney tiled. Iiatt vs. tui replv Ilai.K of Kentucky v. Mal- lorv rejumdi and derm r. erliitd and hUbuiitled.

Tru. te School Board vs. Lewi; c.iusent order. I.uuilx-r Co. ts.

Insurance order, (ii-asoii vs. Ctlinway; report tile! by attorney. Wiie.er vs. Wi'd-r: liied by attorney. Stiafuer vs.

Auler; report hied bv attorney. vs. KidKi-; assigniuc-nts filed. Minniuici.of vs. Vi rst, ic.

petition to be made puny nlrd. Colston vs. Kioe; rejoinder filed, flay vs. luu- -aii; aiuendtsi petition filed. Hull vs.

Selvier: demurrer subinilted. looses vs. Chiua ami Jui au Art amended petition (lied. 1 'helps vs. Frohman; replies aud demurrer tiled; onler ami ai-pearance entered.

Llack vs. VVallace; motiuii antl demurrer tiled, llurroldvs. Hru rolJ; order publication. Helming vs. tlieen; order.

Spalding vs. Keed; answer and reply (lied. vs. Connell; attachment ordered. Johu-son vs.

Joimou; submitted. si.auks vs. Onnsby; one week lo reply. Jlick- ell vs. moilon and submitted.

1'carce vs. Harrow; trder. Sutton vs. ISiitlou; Couiiiiissiuiier's report cor.linned in pari, aud order. Miilrrts.

Miller; response filed. May- field vs. iJeWitf: petititui taken as answer: motion; alUtlavins tiled uu-j p.is:pt:iiietl to Kilii. Ilar- diii vs. Jackson: order.

colley vs. l'reoton; order, and deed-acknuivleded and order. Attest: J. tj. Walkj.r.

P. C. City CovnT-Maiiniug-Thouiis L. Kaker; Wednesday. lt'-bbt ry Hoi.

Younir: dismissed. Mouey Cutler 1 alse 1'rcteuscs Wm. Stems; dismissed. Kxposure of l'ersoa Ben Kreamcr; lined Jo till costs. bench Warrant J.

Massosohn: (jrand larceny Annie Crile, Kate House and Annie Kvans; dismissed. I city Larceny tieorae bimpson; fined $10 and 30 day linprisounitiit. Suspected I'eluiv KJ. Arinton, Kd. Thomas.

Urown: to vairrancv: fined I Lrunk uud lin'irderly Sam Crutctilirld, Annie Curk: dismissed. 1'nihp Snyder; tomorrow. Ken Wilson. Turn Munis, Jonn Lynch; fined $5 tillcoits. Win.

l'ulner, Aunie Martin. L. Hom- ners, 11. A. MelKinaM, Nellie Cornier, Henry I'lan'ii.

Thomas Hit-fins, (ieorne Shipley; hned 5., traoli. lli-i-lret Uarmnn; tinej to and tiond for 30 (lavs. Kdward Keizell, Jas. Sudih; $10 each. Kate day; t- and forfeiture of bond.

Disorderly Conduct (Jeonrs French, Marlon OftorJ, Stella Colston; dismissed. Don ISrad- Robert Step, Agtton Allan Duvall, Henry Uohinsoii. Charles Johnson. Charles Holt. James lo-iluck.

Calhoun Mfxiru; to-tlsy. Weitly I'aly, I anme Taylor, illiam Conway; Wednesday, lotn iniirmon, Lncind.t Shekes Thursday. Charles and Ammel Writrht.son. Hor ace Scott, Jouu liwver, loiu Casey; 50 each Thos. Clark: Sll).

Jacg $XK CblKT CALL.NUaK, APRIL 7. Jefff.k-s:in CirtcviT CofRT. Commonwealth vs. James IlawKins. house-breainj; same vs.

Urn. Leavall. grand larceny; same vs. Wm. libuik, shootinjr.

Ji rFK.Rso.s Court or Coxxon Pleas. Ward vs. Phniiix Hrewin McRisson vs. Myers; 1'ow- ers vs. Kevnoids; 1 liomassou vs.

Southern tx position; asinntoii vs. Murgaart. Sc; Stivers vs. bald in Ac; Kentucky and Indiana Lridge Co. vs.

lloone, Ac: Crane vs. Conrad; Weil vs. Schwab; Mctlratii vs. 'icluner; Pitcher vs. ball win iS Ac: vreu vs.

t. and S. V. K. Leist vs.

ltobbert Jt Uv.is vs. l'linke. Loi isvibLE Law and Kcitv. Ko Ijrers vs. Coiiimercial rider vs.

Jacobs. Ate; tirem and barren Kiver Navigation Co. vs. O. and S.

ti. K. i iiitlcn vs. alaihews; Do. an vs.

L. and N. li. II. Co.

Attest: Paul Cain, D. rllch are laaars Injuries. Mr. Richard Isaacs, who was severely in- Iured last week by being thrown from his wagon on the Shelby pike, near tbe city limits, is not recovering rapidly from the effects of tbe accident. There does not appear to have been afiacture of tbe skull, as at first reported, but be has never been entirely conscious since tbe hurt was received.

A gentleman who visited Mr. Isaacs at his home near Lyndon Station, Sunday, re gards bis condition precarious one. His young son, who was also hurt, is recovering. Air. Isaacs is widely known in this city.

wnere he was lor many years engaged in mercantile pursuits and later in the real es tate business. In the case of her mother, a great sufferer from pain, wnrjs Clara 1'ark, (Jhee- terville, Prankliu county, Maine, the effects of bt, Jacobs Ou have been truly wonderful. THE SCHOOL BOARD. A Lively Time at the Eegiilar Monthly Meeting Last Night. KEFORJI RESOLUTIONS ROUTED.

Hector V. Loving- Elected to Fill the Vacancy in the Seventh Ward. Very Windy Meeting, Very Little Business Transacted. But The School Board met in regular monthly session, with President Leber ia tbe chair, and tbe following members present: Messrs. Allen, Anderson, Aw brew, Badger, Buckle, Cochrau, Crawford, Davis, reseller, God-sbaw, Kelley, Long, Fope, Rudell.

Slilo and TrunnelL Mr. Cochran stated that in consequence of tbe death of W. C. Tyler the representation of the Seventh ward was incomplete, lie nominated Mr. Hector V.

Loving to fill tbe vacancy, and he was unanimously elected. Air. Loving was immediately sworn in by 'Squire J. Speed Peay, and took bis seat. Tho Financial Committee offered the fol lowing report of expenses for tbe past month: Salaries ami supplies (eneral expenses Incidental expenses 514 o- Kepairs and improvement Hented L'l." limiting account i'l -0 Total Uj The report was accepted and tbe claims allowed.

The Committee on Night Schools reported that the schools had opened ou October and continued sixteen weeks. Although tbe time was a fourth lonsrer tbaa Isst year, the cost was but more. This year pupils were enrolled and continued until the close. Toe committee recommended tbat some provision be made for the instruction of working girls, who found it impossible to attend tbe day sch'iols. The report received and filed.

The Committee on Hules reported tbat the resolutions offered some time ao by Dr. Truune.l, providing for a change in the examination of teachers aud requiring tbe Principals to teach a grade in the scuool-i, bad been considered. The committee reported adversely to the resolutions. In re-card to tbe resolution consolidating the of fices Of Superintendent of (ierioan. Super intendent of schools, and Secretary of fcscuools, into one, tbe committee reported tbat these offices were regulated by tbe charter.

The committee also reported against the adoption of Dr. UOdtbaw's reaoiuuou grading the salaries of principals and reducing the saianes ot teachers 10 per cent. 1 be report was adopted. Mr. Kelley.

from the Second ward, offered a resolution providinz for the purchase of a lot of 100 feet in Ivermantown for the erec tion of a school building. The Finance Committee and the members from tbe Second Vard were authorized to make the purchase. Miss Mattie rowler was appointed utn Class Assistant in tbe Main-street school. and Miss Agatha ICing was promoted from Fifth to Fourth Class Assistant in tea same school. Mr.

Cochran offered a. resolution provid ing for certain improvements in the Seventh' ward school building. Tbe members from tbe ward and toe Building Committee were instructed to look into the matter. Aa-esoluiion was offered providing for tbe purchase of hand grenades, to be piacod in tne diftereut school buildings, to be used ia case of lire. The resolution was referred to the Committee on Salaries and Supplies.

A resolution was offered providing for the irectiori of a tutw-rucui frame no use on each of the various school grounds for tbe use of the janitors. Tne matter was referred to tie Committee oa Itules. illr. Cochran tiered a resolution providing for the division of tbe city luto school dis tcicts, each district to contain a certain num ber 1 of schools, and to appoiut assistant superintendents for each district, instead of haviug a- principal in each tcbool, and to nave a neaa teacuer in toe various scuoois instea I his method would save over fN'klO a year. Tbe tnatter was referred to the on llules.

A wrangle arose over tbe matter of build- ine a brauch school for the Fifth aud Sixth wards. At a previous meeting the matter was referred to the Finance Committee and the members from the wards in question. Mr. Crawford, Chairman of tue 1-1 nance Committee, failed to cuil a meeting of ibis committee, aud Mr. Pope called him to task for not doing so.

Mr. Crawford stated that the action of the board in appointing the committee was con trary to the rules, as there was not money enough on band to uuua a school-bouse. Mai. Davis replied that the board had a ritrht to change rulo, and when a com nut tee was appointed It was tbe dutv of the Chairman to call a tueetinr, and not take mailers into his own nanus. He then asked bow much money as ou baud now, bow much had been received an 1 how much bad been expended during the fiscal veir.

Mr. Crawford was unable to give tbe in formation, and a dispute ensued. Mai. l'avis stated that he knew it to be a fact that there was money enough on hand to build three or four school-houses. Half a dooTi members were on their feet in an slant, and points of order were flvuig in ev ery direction.

Maj. Davis, in au excite 1 manlier, stated tbat ever since the matter hail beeu brought up tbe Chairman of the Fiuance Committee hal attempted in every way to stifle it. Tue speaker had uo use tor persons who were so punctilious and who assumed so much because they chanced to hold the miserable position of chairman of a commit tee. Such persons were too thiu-skiuned lo merit respect. When order was finally restored the chair ruled that the.

action of tue board at the last meeting had Loan illegal. Mr. Long said that it remained for tbe board to reconsider its action, as a mere de cision of the Chairman did not set the matter nzht. Mr. Crawford rose to a personal explana tion, and said he must object to the gentleman from tbe Sixth ward "jumpinz on him" in such a way.

He then went into a lengthy statement of tbe resources of the public schools to show that there was not uearlv enough to build a Mai. Iluvis asked how much money was on band at the close of the last lUc-ai year. Mr. Crawiord replied tbatttiere was about $1015,000. Mai.

Davis if all this monev had been expended in addition to the taxes that had been collected. Some more wrangling followed, and Mr, Cochran filially moved tbat the action of the board at the last meeting bj reconsidered The motiou was carried. Mai. Davis theu moved that the Finance Committee be instructed to report at tbe next meeeting of the board the amount of funds on band at tbe close of the fiscal year; the amount collected and tue amount expended. Mr.

cong amended ny moving that a financial statement be made at the first of every month. Tbe amendment was accepted and the motion carried. Mr. Long then stated tbat tbe resolution just passed authorizing toe purchase of a piece of property in (Jermantown was also out of order. The vote was reconsidered and tbo matter referred to the Finance Committee.

The board then adjourned. Fined la Indiana. Sain Tilly, one of tbo best-known gamblers and sporting men of the city, who was among those who fled to Indiana a few weeks ago to escape tbe wratb of the grand jury, was before tha City Court of JetTersonville yesterday. It seems that upon arriving in Jefferson vilhj.Tilly could not refrain from indulging old habits, and at once established ganibliug-house, wbere tbe festive goose squeaked "musically and tha gentle tiger bald temptingly oat his sheathed claws, as ia bis wont. All went well until a victim, one John Dartre, took-it into hiihead Sunday to give information atraiast Tillr.

He did and to such street tbat when tbe rambler was brought before tbe representative of Iadiaaa justice be waa fined $16.50. Tilly petd tbe fine aad was released, wiser if not a better man. Thi City Council meets to-nizht. The municipal alectioa takes olaae as the 4th of May. Justice A.

J. Kcil. of Charlestown. has located at Daltoo, Oa. Mr.

C. A. Schimpf leaves next week on tour through the New England States. Work at Howard's shin-vard has been suspended temporarily, there being no contracts on hand. All tax payers who have not settled their State and county taxes will become delinquent after April Toxet Karblk is very ill of congestion of the stomach.

He was reported la a dangerous condition last night. The grand jury-returned seven more in- dlctments yesterday, making a total of sixteen. Tbey are sliU grinding away. Gkohgk Cosxollt, thirteen years of ace. waa tnrown from a horse near St.

John church Sunday and fatally injured. The funeral nf Mrs. Joe Ileeder takes place from the residence of Mrs. Jane Vuderwood, Indiana avenue, at '2 r. at.

to-day. Thk widow of W. S. Reynolds, who died lnMK72 nf blood poisoning, caused from a wound received ia the army, has applied for a pension. Johx Kkocse was arraisned in the May or's court yesterday morning and fined J.6 for assaulting-Dick Foley.

Charles Cole, intoxication. lined 50.0O. Mr. T. of Louls- ille.

aud Mis Harriet (ioodm.s. of Terre Haute, were married by Jusiice Keigwin last evening. Eldi T. A. Rkt molds, of Chaplin.

is the guest of Elder T. M. Myers, and will supply his place during bis absence on business at Asnviue. c. Lox Butcher, while handling glass at the Plate ilass Works yesterday, received aa ugly trash in he right hand which will lay him up severtl weeks.

The esse of Anna Carter against James Dod-re. for false imnrisonment. was tried In the Ours Circuit Court vesterdar. At a late hour last nignt the jury was still out. Av unknown woman, too drunk to tell her name, was arrested in tha East Lnd hy (imcer Kutl last evening.

She was loaded up a sprinir wagon and taken to jsiL Tn remains of AV. P. Foster, Agent of the M. and Pail way. were shipped to Madison last evening in charge of an escort from the of r.

order for internienL Prof. Kelly, of the High School, at tended the Teachers' Association at MitcbeU list Saturday, and read Interesting paper on 'New ijeparture in Education." The specifications aud printed proposals forcnnv.nictin? the levee hive arrived, an1 are bow in the hands of ivil Lhcineer O. A. Clark. rudders can ootain copies on application.

Tne boiler in David Hulse's saw-mill, at ITardenburg. blew up last Saturday. Anthony Kluber. trie engineer, and Alien Hulse. sou of tue proprietor, were killed.

Several employ were severelr Injured. The mill, valued at $0,000. isa total wrecg. A special session of toe Countv Commis sioners was held vesterdav to consider the grant ing the new East End rerry ferry license. Forty-six witnesses were examined for and against the new cotupaoy.

The board will probably reach a decision to-day. Personals. Mrs. S. Armstrong and son.

rr L.ouisvii!e. are the guests of Coroner rs. Jos. Kunu is very ill of malarial Kev. t.eo.

fscuwaru is no better Mrs. Morns is very ill at the resid-nce of her daughter. Mrs. UAton teorire vv lllacy arrived last evening from Birmingham. Ala Mrs.

Eph. Keigwin celebrated ber fortieth birthday last evening. In Dr. Flovd Parks' drug store lies a copy or the Oovtr.imenc blue Boos, and it fs astonish ing how much attraction this volume has for tbe people or this city, wbo are inclined to accept little compliments from Uncle Sam. One of 'be pages particularly is well thumbed' and maiki by nngvr tracks, it is the place wbere tne names, occupations and salaries of employes of the Government depot are recorded.

Evidently there are numerous persons very much interested me veiMr. of tne depot. A silver napkin ring will be awarded to the best boy skater at the bpnog-street nok to night. JobtrH Coos, of Boston, will deliver tbe text lecture in the V. M.

C. A. course alonday night, April 13. The: alarm of fire from Box 5 last night at 7:113 o'clock was caused by burning brush in the suouros oi ice city. The Council of Chosen Friends will meet to-n giit at their hall, in Clapp block, for the purpose of conlerri: degrees.

Centcnaht CHruca took the annual mia- fionary collection Sunday, increasing it by ii over the annual ccdettion ot last year. The alarm of fire vesterdav- afternoon from box 15 was caused br a slight blaze in the coal shed of Councilman George F. l'enn. East iuain sua rifie.cnin streets. So dat by a unanimous vote of tbe con- gregaiion of Psri Chnsinn church.

Elder ITt man was called to tue pastorate, accepted and has e-itered upon his duties. Di'RiNG last week tbe Louisville, ew AW ban and Chicago Hallway Company added an other large Krooks Mogul engine and two switch engines to th ir equipment. The road is doing an immense treitnt and passenger business. Victory Lodge. KLnizbts and Ladies of Honor, will hold a fair, commencing the -1st and coulinuine live iiLrlits.

The proceeds wi.i be ued for urrusiiin their new hall, in the or ice block, corner ol ZVIain and islate streets. K.Mii.xKKR Jahes Hkeves, of the N. A. andC. accosted Sunday night and struck 4 terrible blow in the face with a slung-shot or brass knuckles, knocking him Insensible.

The vill.nn was in the act of robbing his victim wnen assistance came. An escort of the Uniform Rank Knights of yihias went to esterdsy. with the re mains or William P. I-osier, of Jeffersonvilie. Tue escort consisted of Com.

VV. A. Louirbmil ler. Lieut. 11 ics King.

J. W. ISeabrooa, Cieorge jasper ana tjecrKe case. Si xcat, April 2ft, is tbe sixty-sixth anni- or tKJd t-ellonship in America. The lodges ot this city ill attend a service in the afternoon at St.

Paul's Kniscoparcburch and nesr an a.it rss ov Kev. vv a.t.-r bcotti tne rector. 1 I 1 vu vuu i oilu III null, I The Chapter of IuJiana, Order of Ine KaMern slAr, will meet in nnnual sesaion at ludiauapolis. Wednesday morning. Visitor will be in aueiidance from Dido, Illinois.

Iowa, New York, and other Mutes. Ihe session will be se t-rel. only members of tbe order bein-r adniitted. The iles House will be headquarters for visitors ana delegates. At the meeting of tbe Citv Democratic Central Commit tec, baturday night, there was an agreement between the candidates that any person, not neretoiore actinir wiin tne lierno- cru.ls.

who would sicn a pledge to vole the Dem rcratic ticket nominated, should be allowed to vote at the lieinociatic primaries. Holy Trinity Total Abstinence Societv has elected the following officers: President. Herman Ktilnhm; ice President, Far- rell: Irea-urer. Ssylvester Uir; Secretary. Jerry rwuiuu, oecreiary, couuor.

shal. John Flynn: Assistant Marshal, l.ouisMc- Barron: Trustees, i-rauk Iteaucoud. Jdhn Mc Uweu Tejcart. and John Smpp. The society is in a flourishing condition, having GoO in iU treasury.

rEUSONALS. Col. tV. Kintner. of Co- rydon.

wai in the city Charles An eel is seriously ill. yiiss Clara Estella Burr returnesl to. at Snelbvvill. veater- d.iy....rr. V.

V. Voyles, of Craudail, was In the city yesterday Hudson has gone to Ala bama vv vvolte left for Uodge City, last niEUt J. F. Brothers is seriously- Atkins is convarescijig fioin diphtheria Mrs. leorce Shrader is ill with pneumonia.

Peter fteun-and Charley Stolzer went to Harper county, last night. Uev. John Kehy left yesb-rday on a visit to the Catholic college at St. Marv's of the Woo ls, VI -o county. Capt, M.

Fisuer is convalescing. antl Mrs. A. A. Hoot, of City, are guests of Mr.

aud I. Ii. 1 1 iud, est b-piing street. COUNCIL. MEKTINU.

The Council met in regular session last evening. Present, the ilayor aud all the members except Mr. Iay. 1 be minutes of the previous meeting were refill and approved. Petition iroin sundry Citizens of the First ward for the location of a well at the corner of Jay and Oak streets, was referred to the Committee on Wells snd Pumps, to report at the next regu lar meeting.

A petition for tbe partis! Improvement of Kast Oak street, to abate a nuisance, was referred to tlie Com i ittee on Ordinances. A petition from sundry citizens for a crossing at tiie iutersection of Klguta and Svcamore streets was referred to tue committee on Streets and Alleys. A petition from sundry citizens askirg that tbe city taxes may be paid in two in-tallrnems in- rtrad of one, was reierreu to tue Committee oa Finance. Petitions for liquor license from sundry parties were referred to ine Committee on License. The City Treasurer subinitted his report for the month of March.

Referred to the Committee on Finance. The City Clerk's report was referred to tha same committee. 1 he vv harf master's and Marbetrnaster's reports were reierretl to tne same committee. Sundry bills were j.reseutcd and referred to the Committee on Claims. Thn Citv Attorney re -sorted, hat the case of the city vs.

Joseph Braunsbe-ck fur selling liquor wunout a city license nai neen aismissed lor want of sufficient legal proof. The matter was fully discussed by a number of Councilman, but no runner action taxen. The bids (or the improvement of Bear Market swwe were ep.aid aad read by tbe Clerk. Re. xerrea to tue tjommittee oa contracts, wita power to contract with the lo vest aad best bid der.

The nnAncs tx-t mm Ittee -repot led tha. taver had aasigaed the citv printing to oeiah (iwia, ot the Pub io Prtu. The report was concurred la. Tbs same committee reported favorsblv la re. gard to the payment of ihe bttls ef the Publio frru aad New Albany Ledger tor the publication of the delinquent list.

Concurred la. The Com ositrea on tlrdinanc-aa submitted aa sr. di nance to prohibit jubk dealers from going fronm house to) house, parchasing scrap metal, juok, old rope. but thev shall be compelled to have a regular place ot business for the purchase aad disposal of their wares. The ordinance was read the third time, and adopted by a vota of too.

Mr. Leydea moved that the ordinance be laid on the table. Lost ayes noes S. The ordinance was then placed on Its passage tnd adoDted. The Committee on Streets and Alleys reported adversely to the petition of F.

P. Uelbel and otners for a sidewalk oa West Seventh street. Concurred in. The same committee reported favorably to the petition for a cinder-walk. ea West street.

Concurred in. After the transaction of some further anlat portant business, the Council adjourned. IN LOVES MESHES. The Names of Many Couples TTho TTIll Soon Enter Matrimonial llonds. Miss Lucy Hardy and Mr.

Tarlston Hobbe will be married April UO. Mr. Alex. Sample and Miss Iillie Mair will be married April 14. Mr.

VV est Ball and Miss Mamie Carrie will ba married April 21. Mr. Robert Floyd Jones wilt marry Miss Marie Flanagan, in St. Louis, April 15, at 8 p. at.

Mr. Will. Hill and Miss Annie Baxter will marry in St. Paul's church. April 13.

Mr. oh Hay Dorsey and Mies Maggie Lee Brown will be married at the First Presbyterian church April i. Dr. U. S.

Clemens, of Crawfordsville. and Miss Kose McNally, of this city, will be married April 14. at Mr. H. Mid dle ton 'a residence.

At St. John's church, April 14. Mr. Phil Donahue and Miss Maggie Mitchell will ba married. Mr.

David Lane, of the "Water Coranenv. and Miss Belle Anderson, will be naaxrMd at bt. Paul's church April 15. Dr. Ap.

Morgan Vauce and Miss Mary Jo sephine iiuntoon will be married at Christ church Wednesday, April 8, at 8 P. X. Itev. Cbas. C.

rlill, formerly of this city. now edir-or of the Florida Baptist, and Mrs. Maui iu. nynkoop, ot ladabassee, were married last Thursday. Mr.

James McKeuzie and Miss Maggie Dons will be married April 14. Mr. Henry Dolus and Miss Eddie Jacobs. formerly of ibis city, will be married at Cleveland, 0., iu Juue. Miss Lizzie Ffaizer and Mr, Geo.

Proctor will be married April 23. I he marriage of Miss Stonie Orrruby and Mr. J. DePauw, of New Albany, will take place in May. A Murser at Jellieo.

Officer James Qorley, of the Louisville Detective Agency, arrived Sunday from Jellieo, witb tbe details of a murder committed there on last Thursday. Tbe murdered man was Frank Kirkpatrick, of ICnoxville. Tenn. Ivirk parnck was a drum mer for tbe firm ot McTyre clothing dealers, of Knoxville, and went to Jellieo in company witb Mr. Gorley.

Thursday Kirkpatrick avowed his inten tion of going out to see tbe town. Kirkpatrick bad taken several drinks when Mr. Gorley left him and returned to his hotel. Late in tne evening Kirkpatrick entered saloon kept by a well-known desperado, Bill Lyons. The drummer stood in tbe saloon for some time drinking, and finally got into a dispute with Lyons.

After much talk lvirk patrick made an attempt to get at Lyons, bat was prevented by toe spectators. Lyons warned him to go out and leave bim, and at tbe same time produced a double-barrel sbot-gun from behind the counter. iv irk patrick attempted to escape, cat Lvons raised tbe gun slightly and thrust the muzzle directly against bis bips. A double report rang out and Kirkpatrick gave vent to a loudcry.and sank to tne floor. When tbe smoke cleared awav Kirkpatrick's body was seen lying on the floor in a pool of blood.

His body was cut nearly asuader by the close discharge of the gun. Ills body was picked up and car ried to the hotel. The remains were shipped to KjioxviUe, wbere bis relatives live. Lyons, after the murder, reloaded bis gas and walked out on the street. He invited some one to arrest him, bat as be still re tained possession ol tbe death-dealing snot-gun none had the courage to attempt the arrest.

He was still at large whoa Mr. Oorley i left tbe town. Aa Amethyst Ring Betrays a Thief. Isaac Harrington, a very slick colored cili- zen, was arrested yesterday by Ulcers of the Louisville Detective Agency, charged with grand larceny. Harrington went into Kendrick's jewelry store' and presented a ring, which be requested to be tested to see if it was fcold.

Ou looking at the ring, the clerk recognized it as one that had been stolen a few days ago from M. Redy, book keeper at Sharp a. Middleton dry goods store. Harrington was detained until word was sent tbe Detective Agency at their ofiice on Fourth street. Officers Pat-ton and Oorley, who had tbe case band, arrived aud took the thief in charge.

He was taken to Central station and thedv locked up. On his person were found a valuN able silver watch and chain, marked "John Ueigcr." and other valuable pieces of jewelry, which have evidently been stolen. 1 be riug wbicb caused bis arrest is a valu able amethyst, and was stolen from Mrs. Moore boarding-houe, ta Sixth near Walnut. A sum of money and a number, of stiver spoons, belonging to Mrs.

Moore were stolen at tbe same time. Tbe etjoous and other articles were recovered. except tbe money. Harrington is suspected oi beins tbe thief wbo has committed several petty robberies recently. A tsirp-ItrotQrrs fstrsece Cooaart.

Wm. Conway was arrested yesterday by Ollicer Husser oa a warrant sworn oat by Mr. Buckley, his step-father, nd lodged in tbe Clay-street Station. Mr. Buckley and his daughter live in Limerick, ana be charges that Sunday morning Conway visited bis bouse and asked to see his step- Ulster.

Mr. Buckley saw tbat Conway waa under the influence of liquor, and refused to admit bim. Conway tried to force bis way into the house, but, after a few minutes, left. Sunday night, about 10 o'clock, Conway returned to Buckley's residence and repeated bis demand to see bis stepsister. He was shown to her room.

Mr. Buckley was startle! soon after by hearing screams, and. going nurneaiy up stairs. found his daughter in Conway's arms. On seeing bis step-father, Cou way at ones ran out of tne room.

Niwtos J5. Cclp, formerly connected witb tbe freght department of the L. and and more recently general agent of the Cin cinnati Southern, has returned to his first love, and will hereafter be found by bis frieuds at bis old stand. Mr. cuip waa so licited to resign and accent tbe new position.

He is an experienced railroad mau. The delicious fragrance, refreshing cool ness and soft beauty imparted to the skin by oiiom powder commeous it to au iaaics. -V -t JVl ge-e A. VOvdOgg CkWtEr fe5dSuJr.wlT.