The Courier-Journal from Louisville, Kentucky • Page 6

A MIDSUMMER MEDLEY 'Of Hewi msd Nonsense Composed by State Contributors to the Conrier-Journal. Democratic Primary it Winchester Baptist Church Darned at Danville. A LCPJ OP LITTLE THINGS. LEXINGTON. A ftf AIX BrRGLAST TEflf rjiOWT ITT THU HITf-DRICKS MCSDEft CASK.

Ipeiai tb Courier -Journal. I LrnGTOsr. Aog. 3. Last night burglars entered the eoel office of Boo worth fc Richardson, on Main street, blew open tbe safe, ad secured $67 60 in money.

A bout 10,000 in stocks were alto In too safe, bat not taken swsy. A small check; oa the First National Bank was taken. The burglars left all the tools in Ifce room, consist In 2 of a sledge-hammer, two old chisels, two punches and a pair of tones. Tbe tools were stolen Sunday from a black-Imith named Morgan. Charles Steele, Watt and Letcher Lutby the two latter arrested yesterday afternoon) were brought before the Recorder to-day for lamination.

Huston Mulligan and Morton Parker appeared fcr the detente, and the City Attorney Is assisted by Col. Frank Waters. Below will be found the testimony: Dr. Bucker described the wounds, saying the physicians lifted oft the top of the skull without a saw. The wound at tbe back of tbe head waa powder-burnt, showing that the pistol waa held at tbe back of hie head.

Tbe Collet was cat oat, and weighed sixty-eight tad one-half grains, and probably had lost about fifteen grains. It evidently was from a thirty two caliber pistol. Tbe wound over the left eye waa a contusion. The wound over tbe right eye wes from a pistol, but tbe bullet did not enter. The wound that killed elm was from behind.

Think the ball shot from behind fractured the skull all around, as tae pistol was held very close, the powder burning tbe hair. Don't think the fatal shot could have ben fixed from the front. Dr. Foster testliled: Went Into Steele's saloon after I heard of the shooting. Got there about ten minutes before Capt.

Hendricks' death. Found him lying In tho middle of iiie room. Examination was hurried. He was lying on his back, unconscious, in tbe final examination we found that the fatal shot entered the rear part of the head on the right side, raD-ring forward and lodging in tbe front on tha r.Ui 9ide. Think that, such a wound could have been inflicted by ouo in reaching around, provided tbe bead was turned somewhat.

I should judge the wound was made direct from behind, by -ome one la the rear. Cave no opinion as to here the person stood who fired the shot. 'Think tba wound over the right eyo was a snot. Annie Smith testifled: Waa In the dance-room when Mr. Hendricks ca.r.e In.

Heard tbe shots. Went in and 6aw Mr. Steele's face bleeding, and he said Mr. Hendricks had called him a of a h. Mr.

Steele bsd a pistol In his hand. Saw Mr. Watt Lu6by In the room sending beside Mr. Steele. Saw Mr.

Steele tire. Don't know who fired the first shot. Mr. Watt Luiby did not have a piMtoL Kates Garrett, pullceaan, testified: Am a member of the police force. Know the pistol be carr.ed, FoOcd the pistol about three feet Irom Hendxiclfs' body.

Hendricks bands were thrown back, and Steele was standlue over him. When I arrested 6teele he 'aid: "1 him, he shot me first." CMOS3-1XXA! Heard a disturbance before the affair. Did cot see HendrUkj come out with' Mc-Murtrj. Was standing across the street when I heard the first shot. Heard three shots.

Raa orcr as I heard the first shot. Last shot nas fired as I reached the door, list a crowd of negroes running out. When I got to the middle iuor saw Hendricks lying tin the floor. Saw Mr. Wright pick up Hendricks' pistol.

Saw a broken glas. Steele said Hendricks called him a cowardly of a and shot at him. Chas. Mills, gunsmith, testified: I am a gunsmith. Have been handling arms all my lis.JI! Here identified pistol.

One chamber rf tha cylender was empty. The trigger would hang. It was a double-action pistol. Dou't think the pistol had been lttely discharged. There was a little red rca-.

In tha empty chamber. There was no thell in it. "The rust cculd have accumulated in five hours this weather. John Shannon, policeman, testified: When was in the saloon Mr. Letcher Lusby had Hendricks' pistol in his hand, trying to turn it.

I told him not to fool with It. He put it beck on the shelf. J. E. Dclph, Coroner, testified: Officer "Welch or Hays I eent behind the bar to get ry weapon to be found thero.

The Dcr-anger was brought to m. Hendricks' pistol was given to me by Letcher Lusby. Examined Watt Lusbj-'s pistol and 1 hought I discovered a freb charge. The cartridge came cat easily, while the others did not. Letchtr Lusby was discharged this evening, tbe evidence adduced showing nothing -to criminate him In the death of Hendricks.

A ACCIDENT recurred this afternoon at the distillery of Ti. Pepper Co. Ed. Stevens, the engineer, wss caught in a belt, wound up and terribly irjured. One shoulder was dislocated and both legs broken.

He is in a critical condition. A FIRB In-day destroyed five tenement houses la the north part of the city. Loss not large. TUBFULS OF TAFFY. SWEET H01Br.Sl LADLED OCT WITH A SHOVEL, TO TDI GIRLS AJTD BOTS AT GHA TsO A BIO FALL ASD ILL ABOUT IT.

(Correspondence of the Gratsou Spbhcgs, 1. Great was the excitemsnt and much hurrying to and fro 'last Thursday at Grayson's big ball. It wasx the greatest success as a ball that Grayson ever hiL The parlors, halls and ballroom were crowded with the fair ones and gallants In character. Kings led Queens, Counts with Countesses; Billy Bokas led In "Musette," and each and every one seemed to forget for the evening everything but what was going on at that time. I will mention some characters that took my fancy and pleased my eye: Miss Stella Emellhouse, of Bowling Green, as Dew." dispensed her refreshing drops on tbe "Sunflower," as presented by her friend, Mifs Andersen.

Miss Saunders, ot Psducab, at "Maui Mailer," raked in hearts at well as hay. Miss Fannie Shrewsbury, "a Milk-maid," ir as sweet and beautiful. Carrie Brown, a lovely blonde, a Peasant." M1s Gcorgie Maize, a "Bohemian Girt." Miss Birdie Fowler, of Paducah, "Dolly V'srden." Miss Birdie Parr, "Black-eyed Susan." Miss Ruby Cobb. "Highland Lassie." Miss Mollis Dickinson, "Queen of Hearts," Miss Fannie Dickinson, "Evangeline." Miss Bettie Dlukelspiel, "Polly put tha Kettle On." Little Miss Mamie Griffith, an "Irish Washerwoman." MUi Julia Mattingly, ot Lebanon. "Magpie." and her sister.

Misa SelUe, as a "Rain tow at Night," teemed to be on particular shepherd delljht. Miss Nettle Gardner, "Fern." Mia Kmjly Brown, Gypsy." Martina MeHenry. "Queen of Heart." V' TtffiTcblJHliEft-JbmlNAL: LOOTgVTfcLE, THURSDAY, AUGUST 4, 1881. Courtney Walthall. "Goody Two-shoe." Velma Beall, of Franklin, "Red Kldlng-bood." Nina Blue.

"Sunbeam. Mrs. MeMeekln. of KlUabethtown, "Grace Darling." Miss Una Haynes, of Memphis. "Folly." Mary Finch.

Zerlina." Miss Fannie Finch. "Cinderella." Miss Shaw, "Indian Princes." Misa Walker, of flartford, "Pansy," a lovely and original costume, which attracted much attention. Miss Kate Sawyer, of Evansvllle, represented "Rate Greenvjay." Miss Lena Bollinrer, of Mayfleld, "Snow Mrs. Win. Maize was elegant aa a "Gypsy Queen," though at ore has made her a blonde.

The magic wand of ber little daughter Rosa as a "Fairy" produced the desired effect as regards the dark, fiery locks so peculiar to a Gyp. Miss Emma Craig, as a "German Peasant," waa attractive as led around by "Frit, Our Cousin German." "Two Orphans," personated by two of Grayson's favorites, Miss Mary Hhrewtbury and Miss Brooks, both of Madison, were attractive, and it is said tbey not only excited much sympathy, bat have been adopted and are to be transported to the Bluegrass region. Mtsa Nellie Hobson, as a Duchess, looked grand. Mias Linda Ashley, of Rnssellvllle, as "Nancy Lee," with her "Sailor jack" by her side, was said to be the handsomest lady in tbe room. Mr.

Abe. Flyahaker, as "Jack," kept near his beacon light end proved himself to be a true sailor. Mr. Bryarly, as "Count," did count. Miss Minnie Weller, as "Little Bopeep," had a sheep, or rather a lamb, by her tide all the evening.

Tbe beat character of tbe evening, and acted to exactness, was Musette, by Miss Joaie Sanders. II sd Lotta been here the would have hod to pinch herself to find oat which was she. BM1 Bokas was along and Harry Vaughn never looked better than when playing Cars. Davis Brown was the ballet dancer of the evening. Tbe married ladles took quite an active part, Mrs.

Jos. (iiiiritbs, Mrs. D. C. Sanders.

Mrs. Wm. Miller, Mrs. Parr and Mrs. John Weller were elegant In appearance.

Mrs. Tony, of Nashville: Mrs. Josie Moss, Hickman; Mrs. Gen. Walthall, Miss and Mrs.

Laf Green, of Falls of Rough, Mrs. Cobb, Mrs. Dr. Cosby, Mrs. Hlnkle, of Evansvllle, and the talented Mrs.

Bryan, the spicy writer for the Evansville Journal, did all in their power to make each ana every one have a pleasant time. Mrs. William Beall, of Franklin, and her kind husband hare many friends among the young girls. Miss Nannie Beckham, of Bardstown, a beautiful and attractive young lady, is very popular. Mrs.

John McDowell, so pleasant and agreeable, has with her three of the sweetest children I ever saw, Mr. Henry Joseph has been repairing the decayed tissues ot tbe brain by a steady application of water diet. While never Inclined to obesity, his physical avoirdupois la not insignificant, and his belt is two inches longer than wbeu he came to us. Mr. Josepn Mulhattan, commonlv called bv tbe girls "Jodie, dear," left us this morning, after three successive crows.

Wyatt, Gatewood and Lillard, three prominent gentlemen from the bine grass region, are ery popular and contribute largely to tbe orphans. Mr. George Langstaff, from Paducab. ainved Saturday and is quite sociable and gallant. I have forgotten to mention tbe beautiful and attractive Miss Radcliffe, of Paduoan.

as "the Daugbter of the Regiment." She was claimed by many fathers. Every one enjoying themselves snd are having a good time. I GO IE. PRINCETON. tbtihg a snoonsT the crops srrrgRiJioi PEKSOXAL.

iPpecial to the Courier-Journal. 1 Purscnos, Aug. 3. Oscar Sasseen, tbe boy who 6bot George Petit Monday, was arraigned before Judge E. R.

Farrow yesterday, and waived an examining trial, and was placed under $500 bond for his appearance at the next term of the Caldwell Circuit Co art, and the bond being given was released. The shooting has caused a good eal of excitement here, Mr. Petitt being one of the best and moat prominent farmers of the county. The ball entered his nose, passed upward to the base of the ossfrontis and lodged between the Inner and outer layers of the frontal bone. His physicians are anab's to say at present whether the wound is a dangerous or fatal one.

The crops In Caldwell county are sufferiog severely on account of tho drouth. The farmers are generally disheartened. A good rain would eniiven business at Princeton considerably. lu Marion precinct, Crittenden county, where they have had local option for the last four years, that measure was defeated last Monday by a majority of forty-one votes. It is reported at Princeton that Charley Webb of Smith! and, is elected to tbe Legislature from Crittenden and Livingston counties.

Miss Emma Kaufman, of Louisville, it visiting in Princeton, the guest of Mrs. G. A. Fowler. Miss Augusta Brown, of EvantvCle, It spending several weeks with friends here.

OWINCSVILLE. A NrHKER Or EXXCTI05 SOWS. CcrretDondence of tbe Courier-Journal. 1 Owjngsvii.le, Aug. 2.

The election here yetterday passed off quietly until late in the evening, when several little rowt took place, in which pistol and knives were freely drawn and exhibited. At Sharpsburg, they were not so fortunate, as a row between the negroes, in which 200 or more of them were engrged, resulted In the shooting and killing of Sandy Johnson and the seriously cutting and wounding of Oscar Thompson, who will probably die. WINCHESTER. HOM1WATIOSB or THS DEMOCRATIC TROCARY. ironsnondeoce ot tbe Courier-Journal.

1 Winchester, Aug. 2. At the Democratic primary eleclion held here yerterday the following ticket was nominated for offices to be filled at the election to be held in August, 1 County Judge, George B. Nelson; County Attorney, Lewis H. Jones; County Clerk.

Jefse E. Gorden; Sheriff, B. Fox; Ascessor, John A. Eubanks; Jailer, James Ecton; Surveyor, D. J.

Pendleton; Coroner, Howard R. Wat's. It Is a splendid ticket of good, capable men. HODCENVILLE. SHOT IK AM BXBCTIOn BOW.

Correspondence of tbe Couiier-JoarnaLI Rodgejcvillk, Aug. A lively row occurred at Otter-creek precinct, In which some hard cases were engaged. One of them, by tbe name of Skaggs, drew his pistol and began shooting at his adversary, and- missing his mark, wounded a bystander named Un-aerwood In the shoulder. The ballet lodged in the outerjsurf see of the breast bone. RICHMOND.

CATTLE, HORSES 1ID SAWK STOCK. to tae Courier -JoornaLl Richmond, Aug. 8. About 500 cattle ou the market yesterday, and sold al 2)3e. Horses sold well.

Twenty-five shares of Madison National Bank stock sold at Ten shares of First National sold at 135 per share. A BAPTIST CBTKCH BCBfED. I Koedal to the Counsr-Journal. Dairvuxa, Aug. S.

The Baptist church was destroyed by fire to-night. Loss from fS.000 to no Insurance. The fire was communicated from a stable oa the adjoining premises of CoL as. Fisher. THE DELAWARE SAULSBURYS.

IFhlladalpola Tunes.1 The eldest ot the three famous Stulsbury brothers, "Govs, end WUlard," who for more than a quarter of a century hare been a power to Delaware, died at hit hone, ta Do-Ter, oo Sunday Afternoon, aged sixtrvflve vesrs. They were the sons of Farmer Thomas Sauls bury, of Mispiluoa. Kent, and even as Lads they neglected the plow ua their eajrer-nasa to lean ahoaa atnd, Uka jart la tba pov liUcal affairs of the county. State aad nation. Gove, who was Ell's senior br two years and WiHard's try seven, eame to Philadelphia to learn to be a doctor, but the other brothers studied law.

WUiard was the first to attain prominence. Be' was aggressive, forceful and briUUot, and made friends of every Democrat, big aad little, rich and poor, ta the lower counties, and when, being thirty-nine years old. left his Law office at Georgetown for bis seat in the United States benste. be wae the most popular man in bis State. Be became known to the people of the country for bis bresdth, his eloquence and bis erratic personal characteristics.

Whsn be left the Senate In 1871 he waa much broken, aad being made Chancellor of the State by hie brother-in-law. Got. Ponder, be aince then bas lived a quiet life in the shadow of his brothers. Bnt while the "Boy WUlard," as tbey called him, waa leading them In the race for political honors, Gore and Eli were moving slowly ahead. It was tbe rabbit and the tortoises over again.

WUlard bad been In the national SVnate three years when Gove became Speaker of the State Senate. It to happened that tbe war Governor of Delaware, WilUam Cannon, died In the following year, snd then by law Gove succeeded to the gubsrnatonal chair. At tbe expiration of the term be was elected to tbe a a me office, but while Governor his eye was upon Washington, and in 1871 be entered the contest for the seat about to be vacated by WUlard. Then followed a curio ua straggle, for Ell became a candidate, too, aad the three brothers found themselves battling for the same place. WUlard by desperate efforts succeeded In securing the delegation lrom bis own county, Sussex; but in Kknt county tbe canvass bad bsen distinctly made on the Senatorial issue aad a delegation favorable to the election of Gove Saulsbury had been sent to the Legislature, while tha delegation from New Castle county bad been sent committed to no one, but opposed to the return of the out-going Senator.

The contest was very bitter, snd resulted, after the demonstration that WUlard could not be reelected, in a concentration of the vote of the Sussex members on Ell aad hie election through aid given very unexpectedly by a portion of the delegates from New Castle. After the faction fight had ended, the Sauls-bury men shook hands, and since then they have quietly controlled affairs la the Democratic party south of Dover. Ex-Gov. Saulibury has served his party as a delegate to some of the Presidsntlal Conventions and in many other ways. Hemerrled a daughter of the distinguished Chaneellor Bates, was a leading member ot the Methodist Episcopal Church, and expected to leave home shortly as a representative of that body in the Ecumenical Council at London.

CREAM SKIMMED FROM YESTERDAY'S SPECIALS. A Hfonster Turtle. An Immense turtle wss towed to tasdock opposite tbe Fulton Msrket, New York. It had been caught by the crew of a fishing steamer after two days' struggle. This turtle is about nine feet long and weighs probably 2,000 pounds.

It is known as a lyre turtle from tbe peculiar abape and from the marks on tbe top shell, which, so says tbe fable, suggested to Apollo the form of his harp. Tbe flesh of the lyre turtle is poisonous. A. W. Roberts, a writer ou ichthyology, ssys that turtles of this epeoies are very rare, and none have been on exhibition for many years.

A fins specimen was burned al the ire In Barn urn's Museum. The New Tweed Monument. A new monument has been erected over the grave of William M. Tweed in Greenwood cemetery, at a cost of about S5.000, and bearing the inscription: "William M. Tweed.

bora April 3, 123. Died April 13, 1878. Mary Jane Skaden. wife of William M. Tweed, born March 29, 1825.

Died February 13, 18S0." At the foot of each grave la a granite block, on one ef which is tbe word "Father," and on the other ths word "Mother." Tbe iamUy plat is surrounded by granite posts connected by brass railings. It also contains a monument erected by Mr. Tweed to the memory of bis parents, and smaller memorials marking the graves of bis two children. A C.ypsie Kieg's Wedding. A band of gypsies have appeared each summer for many years past at Elmwood, N.

J. Five years ago Dr. Bishop, rector of Christ church, was called to attend one of the men. who was dying This man confided to Dr. Bishop that be was Uriah Wharton, a native of Shropshire, and had deserted his borne for the love of a beautiful woman in that tribe, whom he had married and thereafter had lived with the gypsies, and became King of the tribe.

On Sunday last Dr. Bishop was called by some of the members of tbe band to unite the daughter of Wharton to tbe new King of the company. The bride was a beautiful girl of nineteen, and the marriage was performed after the ritual of the Protestant Episcopal Church, in the presence of the whole company of gypsies. The bridegroom, Henry Lee, is a lineal descendant of Oak Lee, who was recognized as the King ot all the English gypsies sixty years sgo. Jokes From the White XI use.

This morning Dr. Agnew, who is an inveterate story-teller, assembled Drs. Woodward and Reyburn in a corner of the sick-room, and in what he thought a very low tone of voice, recounted to tbem a very laughable anecdote. When tbe point of the story culminated there was a loud Laugh from tbe bed. Dr.

Agnew; who bad not thought that the President beard blm, turned around and remonstrated with blm for laugh-tug. The President said that It mas such a good story that he could not help listening to It and was bound to lsugh, and, in a Joking way, Dr. Agnew said: "If I catch you laughing again, Mr. President, 1 will again put you on a diet of oatmeal, which you so much object to." The President said In reply: "Doctor, I will give anv bond that I will never laugh again If you will only keep that oatmeal away from me." When the President waa eating bis breakfast this morning he held up a piece of beefsteak on a fork and Inquired of Dr. Bliss how much of it be should tske.

Dr. Bliss, who says that he made tbe remark without thinking, replied: "Mr. President, do not bite off more than you can chew." A bridegroom at Aurora, forgot to engage the Episcopal rector for the ceremony, though he arranged with the sexton to open the church, with tbe organist for music, and sent out hundreds of cards. The guests were all assembled before tbe omission wss discovered. The reverend gentleman bad gone to Chicago, and as the bride declared that none other could tie tbe knot, tbe couple followed him to that etty on a special train, accompanied by all who desired to go.

Anwie Ccixkn went driving out of Baltimore with Mr. Bonder. When they were several miles from the city, he threw a marriage license into her lap, and swore that she should never return home except as his wife. This peculiar hind of wooing was temporarily successful, for the girl went un reslsUngly to a wayttde minister and was married; but on getting baok to her parents the refused to even see her hatband, and a divorce la to be obtained. Tbkbe was a wedding by mistake a few days ago tn tbe Catholic church at Apple ton, Wisconsin.

It seems that a wedding and a baptism were set for about tbe same hour. The couple who were to act as godfather and godmother to the child to be baptized arrived al the church first, and the priest, mistaking them for tbe eoaple that were to be married, summoned them before tbe altar and proceed ed to perform tbe marriage ceremony. Ajr Englishman who recently applied at a Heron Lake livery stable for a horse and buggy, with which to co land-hunting, wanted something to cover his "legs, yuu know," and, teasmueh as the morning was billy, ths proprietor askad If ha wanted a "buffalo." Imagine the astonishment ef the bystanders when our English cousin said: "No, thanks. I couldn't drive the bloody' beast, you know. I'd rather have an 'ores." "Tkx hours, or no sawdust is the warcry that lately rent the air ta the city of Esu Claire, Wis.

It doesn't rend tha air any more, because the presence of the army of the State Interfere with the stoppage of tbe lumber mills by force, and those who are willing to work twelve hours are at work, and those who resist upon either tea hours or no sawdust have been granted the latter alternative. Dkacoh Richakd Smith said In a recent address that thlrty years ago fS.OOO cash and a little eredft were deemed sufficient to start a dally paper ta Cincinnati. Now, to start a daily paper with tha expectation of esuDiiaawg require a easa capital of S5OO.00O. aad that would ta all xwobabuits- ba I- lost la tha raature." OLD OSCAR PEPPER. A Decision.

Rendered in Jas. E. Pep-pera Suit to Establish These Words as a Trade Hark. They Indicate the Distillery Where the Whisky la Made, Not a Particular Brand. Graham, the Present Own ers of That Distillery.

Awarded the It gat to Use Them. JUSTICE MATTHEWS OPINION. Below it given in full the opinion of Justice Stanley MsUhewt in the interesting trademark case recently tried in the nited States Circuit Court heie. The contest waa over the light to use the words "Old Oscar Pepper" to designate the respective whiskies manufactured by the litigants: oriaioa or ua. justice- atthiws.

Ciaccrr Cocst or ths States, tor tub Bixth Cimccrr asd District or KenTUCXT. Jatnea JS. tVftraajkinU LopuiA LdUmA, and James U. Qroitam, partner as Labrot Onihain. Tbis Is a bill in equttv.

died Octcber ta, 1880, the complainant being a citizen of tbe Ptate of New York, and the defendants etUsens of Kentucky. It is alleged tbat both parties are and have been enraged In tbe manafaoture sod sate ot whlA-y. Tbe complainant claims to be tbe oncmator. inventor and owner of a certain trade mark and brand for wblskr made br him, consisting of the words "Old Oscar Pepper. sad also of art abbreviation thereof oontisllog of tbe letters 'Hi.

(). Be alienee tbat tbe aaid words snd IMtera were and are a faoolful and arbitrary title and trademark and brand, la tended to aesteeate and Identify wbisky of bis manufacture, tae use of wbtcb be bet an 174. conUoiy-d since, by branding and mrkju tbe wonts on eacb barrel, ana seine tbe letters as an abbt eviaUon in correspondence aod contracts eoocernios the article, tbe wbiaky so designated bavin acquired tbat Dame and being well and laforabiT known thereby. He ears tbat the said words and trademark were made up In part of tbe family name Ot tbe complainant, and embodied tbe name ot bis father, and bud never before been so used. He avers tbat tbe wbteky made by blm and to branded, marked and known waa very carefuUy manufactured and of excellent quality and of treat reputation In tbe market, comiuaodlnir a ready aaie at proOiabl nice, and was idununed by aaid sradetnars as ot Die coinDiainant'a make, wberebr tbe said irade-marx bas bPCvHn of great value to blm.

He allege tbat tbe trademark Old Oscar PeoDer" was used tT bun by baratna; tbe same anon and Into tbe beads of barrels contain las wbuky made br blm. la a form set out aa an exhibit to tbe bill. A ooyr is cere aet out a follows: OLD" OSCAR rEPPEB DISTILLERY Jiand-iitt' Mash, Jas. K. Pepper, Proprietor, Woodford County, Ky.

Tbe same devloe on a smaller scale was printed upon tbe letter-beads, Mll-beAds and boaloew card, used by bina tn tbe correspoundence and oJier business concernln? bis wbiskr: and was aiso attacbud to and pasted upon all small packages and saraples of tbe wbiskr made bv blm, and was usea to Identity and was untveraaliv recognized as idcnuXrlng tbe wbiakr made bv blm. On November IS. 1877. tbe complainant procured a certificate of tbe registration of said trade-mark under tae laws ot tbe United stales. Tbe bill charge tbat tbe defendants bare sougbt to appropriate tbe complainant's trade-mark to tbelr own nae, and are uslno-, upon barrels of wbiaky made by tbem.

a slualUr device, a copy of wulco is exhibited. It Is as follows: OLD OSCAR PEPPER. i Distillery. Estabusbed 1833. JTdnd-nvui Sour Moth.

Labrot A Graham, Proprietors. Woodford County, Ky. It Is alleged tbat tbis It done by tbe defendants wtib tbe wrontcrul and fraudulent dasun to procure tbe custom aod trade of persons wbo are or bare teen In the bablt ot burins, vending or uilnar tiw reuulne wblaki made by (be complainant, and of lliegallT and lrandulenUy promoting tbe introduction and sale of the defendants' own whisky under tbe coyer aod reputation or tbe complainants trade nark, and of lndudntr unsuspecting persona to purchase the whiskies of defendants as aod for the genuine "Old Oscar Pepper" wbisky, tursd bv tbs eomplalnant. it charged, also, that, with Uka latent, tbe aefondants are uding tbe same devloe aad trade-mark upon their letter-beads and bualnesa cards and outer papers an 3 advertisements, and upon packaires containing their wuUkr. It Is also charted tbat this cooduct of the defendants is injurious to tbe complainant in tbe sale of bit whisky and In tbe profits thereof, and tbat by reason of tbe inferior quality ot tbe whisky sold by defendants under such trade-mark, the reputation of tbe cotn-platnaat's wbisky is greatly prejudiced and Injured lu tbe markets of the country, and a fraud snd deception practiced upon tbe public, many of whom are Induced to purchase tbe dalsndanis' wbisky, believing it to be tbe manufacture ot the complainant.

Tbe bill accordingly prays for an injunction abd an account. The defendants died an answer. In which they admit tbat tbey bare been and are eugas-ed in manufacturing and selling wbisky. tbetr st llery beliur in Woodford county, Kentucky, and lomr known and desurnated as tbe "Old Oscar Pepper Distillery." Tbey deny that tbe complainant is tbe originator or owner of tbe trade-mark or nrana lor wnisny made by htm. aa elalmed.

and deny tbat the words "Old Oscar pepper," or the abbreviation of them by the letters 0. O. P-." bave ever been used as an arbitrary or fanciful title or trade-mark for wbisky, or tbat tbey were ever so used by tbe complainant, aod elJeew tbat tbey were never used by Dim except la conned ion with tbe woid "distillery, aud then only for tbe purpose of showing tbat tbe wbiskr. in reference to wblcli tbey were so used, was manu factured at and was tbe product of tbe Old Oscar Peoner Distillery. Tbe delendants elaim that the use of tbe same by tbe complainant as a brand for their woisky, macuiaetorea eisewnere, would ne a fraud on tbe public as well as on the defendants.

Tbev sar tbat several years since the complainant became tbe owner ot thirty-three acres of land tn Woodford county, known as the land used bv Oscar Pepper for distillery purposes, upon which there was a distillery and machinery, ware-bouse and other improvements; tbat said distillery Curing tbe lifetime of Oscar Pepper, the father of tbe complainant, became famous because of tba superior analfty of ho wbisky there produced, which was attributed by dealers wbisky to tbe peculiar character and properties of tbe water used iu tbe roc ass of distillation; tbat In 1874 tbe complainant, in company with one J. Taj lor, with whom be was associated in buslue a. operated said distillery aod formally named ti the Old Oscar Pepper and procured a large number of Iron signs to bo madu and distributed throughout the country coulamlna a correct draw ing oi the distillery ana wunuioue Duuaings, ana an accurate view of tbe old oscar reoper nomusieaa or dweiiinff. which drawioff and view tney sur rounded with tbe words, a circular form, above tbe same. "Old Oscar Pepper Distillery." and.

below in a atralarht line. Woootord Kentucky." and tbus. as Is claimed, died and determined the name of said distillery. Tbey also procured an iron brand to be made and wltb it burned Into tbe head of each barrel ot wbuky manufactured said distillery toe worus: old" bsc a it pipp tB Distillery Band-m tdc Mr moth. Jas.

E. Pepper, Proprietor. Woodford county, for the cur nose, as Is alleged, of Identifying It as tbe prod net of the old Oscar Pepper distillery. It to also al tared tbat the eomplatnani advertised bis boat nasa in a circular as follows: Bavtnf put la the most thorough running order the old dtoulery premises of my father, tbe late Osaar Pepper (now owned by me), I offer to tbe flrt-elasa trade of this country a hand-made, eour-masb. Dare sooner whisky of periecs excel isnos.

The iebrlty attained by the wbiaky mace try my father was aeerlbable to tbe exceueai water used a very euuarkir snrinal. and tbe grate grown en tbe farm adtolnlns- trv himself, and to tbe process observed by James Crow and after bis death by Wm.F.MltcneU.bis distiller. I am now running the disUlierv with tbe sssae distiller, tbe same water, tbe same formulas aad srala crown anon tbe same farm." He also cir culated a simitar certificate from his distiller, Mitchell, who said: -1 am employed by James B. Pepper as distiller, and tbe wbisky I now make Is froes the setae formula as tbe celebrated Draw wblakT BBanafaetured by James Crow and myself fas- hifl fukv (in. bais) osear reeoeri.

at tae sai place, aad at of the same excellence, belnar Idecttcat la quality. I use the same water, urn same grain. the aasaa atllL" It Is also alleged that the complainant tn March. 1877. waa declared a bankrupt, and that.

aaaoasT other assess, tbe tract of land aod toe SWUUsrv aberaoev win all she apporteaancee aod Bxtarea, were sold bv the assignee, and by mesne conveyances became vested In tbe defendants, wbo have sinee opera led the eame by the manufacture of whlakr: and tea tbe complainant in tbe mean time haa baa and ta now operating a dbtil'erv in Fayette eeeaty, ay- as tbe sole Place of tbe manu-faetare of his wbisky. aod tbat. consequently, be saa act nae tba brand formerly used by blm while opera Una the Old Oscar Pepper Distillery without maklo a false and fraudulent representstion as to tbe Diaaa or manafactor. Tbe defeskdants admit tbat since they have owned end operated the Old Osrar Pepper DtoUllerv tbey have used tbe brand set oat in tbe pkwriinir, but merely for the purpose of identifying tbsir wbisky as tae product of that onsuuerv, as ioiiow: OLD OSCAR PIPPIR Distillery. Established 1888.

Jiirnd-roorf Sottr-mash. Lab sot a Gbahav, Proprietors. Woodlotd County, Ky. Taeri athatlsM so ta Ao. bx vines el their ownersblp'or the dlstHJerr, of which they say that is toe proper name.

un niovemcer sa, iacu us aeienoanui aiao mw trwir erots-bul. scum np tn substance tbe same fucu and cialmiDsr Una tbev are eautled to the exclusive use as a trade-mark of the brand described In tbe pleadtiurs as used bv tbem. and praylnc te be protected thereto by a perpetnss tnjaoetloa- To this erossb0j tbe complainant filed his answer, insisting noun bis claim to tbe mjueetton and right to tbe exclusive use of the trade-mark, "Old Oscar Pepper" snd tbe sbhrevtaJon. O. as applied to wbiaky.

He alleges tbat bis father, daring bis lire-time, Oscar Pepper, operated a SMtimery oa toe premises mentioned, snd maaufaetsred an article wbleb became well and favorably known to tbe trade as "Crow" or "Old Crow" wbisky. from tee name of the distiller, and that, tn eooaeauenee, toe distillery became knows as the (rid Crow Distillery; that, after bis father's death, tee dmlUsry tract bavins' come Into bis possession, be leased tt to W. A. Oeines A wbo continued tha manelaotare of wbiskr under tbe same trade-oame aaa mars ot Crow or Old Crow; but 'bat afterwara the complainant having gone into the business mm- r. Sl.tll self, bout on ins same sue aa entirety new luwi leiy snd manufactured whisky which be called by tbe name o.

old Oscar Pepper, and so marked ana branded tbe packages and thereby originated and adopted It as bis trade mark so Identify and dstin-iiuisb tbs wbisky made by blm, and it became well end favorably known as such, lie says tbat In tbe manufacture of nis wbisky be asea neitoer tae same 1st tilery building at which tbe "Crow" whisky was made, nor the Kirn Deal surtne or waisr wnicn nma been used In connection with iu but acotber or Ins lu ibe same vicinity ot the same quality ad tbe springs of water In tte same geological formation throughout the couunes oi nwwiom, Hour duo, Harrison snd the Blueerass section of ale toe being aubetautlaiiv auxe in oualltv. and me wbisky made Irom one is loaisiio- B-uisbabJe lrom tbat made with equal oars aad skill by the aame process si any otner. And tbe complainant insets mm bwi um rwr Penoer" waa never a potted to the aisuiiiac premises until after be bad adopted it as the name jot wblskv made by blm. and then only as Indies. Una; k.

ri-1 kla ilil Hi.r PtlMI wankv; sod tnsi it waa no tne name toe uishj- icry which was applied to designate the wniaxy made then, bat the name of the whisky which was, applied to designate tbe distillery at which it was luade, so tar as waa ever enow a or isuw. am ctuuges that tbe use bv tbe defendants or toe woros XMd Cwoar Pepper Distillery." aa descriptive ef tbe locality, Is a tubterfuee and evasion. tholr real intent being to use toe woros as desorlblna tbelr mske of whisky, ana uercny wrongfully to, use complainant 's trade tnarx aaa rate his trade. General reollcatloos perfect tne issues enaing. tint nn tlM nnirtna.1 and (TOSS -bill, and cause haa been submitted on Coal bearing upoa the plead toara aod proofs.

It is manifest tbat the controversy between tbe parties In tbe Oral instance la one ot fact. Tbe conieouoa or tne complainant is, mat tne words. "Old car Pepper," aud the abre nation of tbem. O. constitute a brand or mark, originally adopted by him, to designate wbisky made by blm.

witnooi reiereaos mi toe piace of manufacture, and tbat by use sod recognition tt bas become associated In ths minds of dealers and the Dublic with tbe article manufactured bv mm. so as to constitute its name in tbe trade, whereby to dis tinguish it from a similar article made by any and all others. On tne other hand, tbe defendants claim ad that tbe words in question were originally used, and tbelr use subsequently con tinned, merely to designate the fact tbat tbe wbisky contained in tbe pack-agon, so marked, or spoken of in advertisements, circulars, signs, on wblch the mark was burned or printed, was made at tbe distillery, ao designated. and tnat that was done because tbe distillery er Its predecessor on the sau-) site, bad acquired a repata- tmu connection with the manufsciure of wbisky. which was sufficient to recommend any article made at tbe same place.

Undoubtedly tbe mference from the plain mean ing ot tae words themselves supports strongly the cuum on tbe part of the defendants. Tbe complainant a brand or make, as el armed and rued by blm. 1s "Old Oncer Pepper Distillery, Woodford county, Jas. E. Pepper, proprietor.

Tbe words "band-made sour-mash describe tbe quality of tne whisky; and, as to tbs rest, tbe plain aad unequivocal meaning is that It is tbe product of tbe 'Mia ocar Pepper uistuiery, oi wsica as. Pepper. Is proprietor. The complainant, in bis testimony.snde4yort tosx- jilaiu bis use of tbe word "distillery tn thai con nection, so as to make its ose consistent witn nit claim that the words "Old Oscar Pepper" were intended to denominate the whisky, and not the distillery. He rays: "In branding the ends of my barrels I put tbe words distillery' to show that tbe Did Oscar Pepper' whlPky was straight whisky, made by me at my own distillery, and not a compounded wbisky.

and the use of tbe word disUUery on tbe bead of tbe barrels following the trade-mark indicates a straight whisky as dlsUnguished from a compounded wbisky." But ibis explanation does not seem sufficient. Tbe use ot tbe word "distillery" does indeed seem to advertise tbe fact that tbe whisky Is distilled aod not reclined, but it does so by designating the spirits contained in tbe package as the product, not merely of a distillery, but ot tbe particular distillery known as tbe "Old Oscar Pepper Distillery," of which Jas. E. Pepper la proprietor. It is true that Beecher, one of tbe firm of Ives.

Beecher A tbe merchants who sold tbe complainant's whisky in New York, testified that the wbisky acquired iu reputation under tha name of "Old Oscar Pnoper." or O. P-' wbuky. and waa known by ibat name, and inquired after and bought and sold by tbat designation. He says: "sty Orm buy wbisky under tbe name "Old Oscar But be immediately explains that "Tt buy as 'Old Oscar Pepper wbisky. to be made St the distillery where Jamea E.

Pepper drat made tbe whtsky known to the trade by tbat name." (Answer to twcnty-tblrd tnterrogAiory). And In answer to tbe seventh cross-Interrogatory be says: "At tbe time my Ann commenosd dealing in 01d Oscar Pepper' wbisky. thai name added to tbe reputation and saleblUty ot of the whisky for the reason tbat tbat was the name of amos E. Pepper's father, and bis father bad madtf good wbisky at tbat same distillery for several years previous to tbe making of any by James E. Pepper." it ts beyond dispute that IrecBeecber A Co.

Introduced the complainant's manufacture of wbuky to the trade, under tbe name ot Old Oscar Pepper Whiskeys, upon the credit of tbe old distillery of Oscar Pepper, and recommended them as of superior excellence because tbey were tbe prod Dot of tbatdtstlllery. This was done by advertisements tn circulars, containing certificates and affidavits, one from James E. Pepper himself, that he bad put tn tne most thorough running order "the old distillery of my father, tbe late Oscar Pepper, now owned by me;" that "tbe celebrity attained by the wbisky made by my tamer was ascribable to tbe excellent water used (a very superior spring) and the grain grown on the farm adjoining by himself, and to the procees observed bv James Crow after bis death, by W. T. Mitchell, bis distiller;" that "I am now running tbe dial llery with tbe same di tiller, the same water, the same formula and grain grown upon the same farm: consequently my product beir.a of sm quality and excellence.

Another certificate and affidavit, so published, was from bis mother, in which she stated that ber son. James E. Pepper, is tbe owner ot the old distillery property situated in tbe county of Woodford, State of Kectuckr, formorly owned by ber deceased bus-band. Oscar Pepper, and known as the "Old Crow" distillery. "The buildings bsvs been thorough improved.

Mr. W. T. Mitchell, wbo dlituled for tbe late Oscar Pepper, socooeaing James Crow, is employed by my son, and the prod not is of tbe highest excellence, and recognized as fully Dp to the standard ot the celebrated old product from tbe same stills." And the distiller, Mitchell, also certifies: "I use the same water, the same gram, and the same STIIX." It d-esjjot avail tbe complainant now to repudiate these representations, or to insist that they are a 1 toga. tier immaterial.

It may be true, as be now says, that in iolnt of fact bis distillery was altogether as a building aod machiury, from tbat so long operated by bis father, and iit be did not use the samo spring of water and tbe sume still; and it may be equally truo that so far as the intrinsic qual- lty of the wbisky is concerned, the circumstances referred to were altogether unimportant, for tbe reason that the product of equally good materials, made in the same geological region, la the best manner known to those engaged there in tbe manntactiire, could not be 61s-tintrutshed from tbe favorite article known by the name of any partlealar distillery. Nevertheless, tl remains quite certain from tbe Drools tn tbe ease, that the eomplalnant succeeded in ambushing a market for bis manufacture npon tbe special belief of the public tbat It must be like that made by hit father, because made at the same locality and with sll tbe advantages tbat was thought to confer. In other words, be sought and obtained for bis own manufacture, by tbe use of tbe aame ef hts father's distillery, the reputation-established hy Osear Pepper for bis own. Oscar manufactured whisky st his distillery for many years previous to bis death In. 1863, probably as early at 1838, and the distillery wss known tn the neighborhood, at tome witn sates testify, as Oscar Pepper's distU-lery.

This. Indeed, would be most natural, afterward the wbisky distilled there under the management of James Crow became extensively and favorably known as "Old Crow" wbisky, aad the distillery acquired the name of the Old Crow distillery, and that name was used after tbe deatb of Oaoar Pepper by successive I assess of tbe establishment as trade-mark to designate its erodaeuon: but daring tbat period the name of Oscar Pepper at former-lyjoonnected wltb It appeared tn tbe branda. and marks, as appears in those assd by Gaines, Berry a Co. while they were carrying tl on. They styled themselves on business cards, "Lessees of Oscar Pepper's Old Crow Distillery." la 1874.

the trade mark of OJd Crow having previously by Gaines bees traoeferred to tbe prod aet of another distillery, owned and operated by him or his arm, the eomplalnant eame Into posasssioa ef bis own distillery, and tt became knows as the Old Oscar Pepper Distillery. The deed directly to tbe eomplalnant of the distillery premises, nude by a commissioner fa persoaace of a decree for partition, refers te ao accompanying past. In which tbe "Old Cow Distillery" a dosts-oated; bat early ta 187ft, aa agreement wss mads by the eoesplalnaas with oaa E. H. Taylor, Jr red ang tbat the farmer was owner of the premises, upon which tt tltuaied the old distillery, which wss operated and run by the said Oscar Pepper in bis lifetime, and providing means for a thorough reparation ef said old distillery, aad of operating the as ass for tbe purpose of maaofactdriBg copper whisky of the grade, character and description of that which was made by the said Osear Pepper tn bis ttfaUae when James Crow snd W.

P. MitobeU were hie distillers. Tbe eoeapiamaBt having dpoa his ewa petition, been declared a beokrspt. Died tbe tequired schedules ef his assets snd ItebUuiee, fa wtuoh he described the tract of land tn ber tied from his brother as including tbe "Old Oscar Pepper Distillery." aad aa such tt was known at the Ume the title became vested ta the defendant. Tbe clear result of tbe whole evidence minus.

In our opinion, to be tbat toe complainant adopted the eame of "Old Oeear Pepper DtttUierr" es the aasse of hts distillery, tn order that the wbisky manstact-ured by him there might bave tbe reuotarion and whatever ether advantage to resuli from that as sociation. a- Tba ef tha defendants, br piinfitse from the can tbey be sealed tba rtarbt ef ttttaa the tint by which tt was prevlooalv known tn tbe prosecution of the business of operating tt and of do aeribmaT tbe whisky made by tbem as tts product Caa tbe eompsslnant be permitted to ose tbe brand er mark formerly employed bv hisa to represent wbtssrr made by him elsewhere as tbe actual product ef ihtt dwtllleryT Both these questions, tn our opinion, must he answered In tbe negative. The most recent statement of tbe law applicable to this subject by tbe Supreme -Court ot tbe Called tales, is found tn the case of the Amoskeag atanu-tccturlnc Co. vs. Trainer.

101 TJ, S-. 51. In tbat ease Mr. Justice Field said: "The general doctrines of the law as to trademarks, tbe symbols or signs wbtcb mar be used to designate products of a particular manufacture, and tbe pKMeciion wbleb tbe courts will anord to those wbo originally appropriated them, are not controverted. Every one la at liberty to affix to a product of bis own manufacture any symbol or device oot previously appropriated wbleb will distinguish tt from articles of tbe same general nature manufactured or sold by others, snd that secure to himself tbe benefiu sale by reason of sny peculiar excellence be may have given to it.

Tbe symbol or devise tons becomes a sign to the of the origin of tbe soods to wbleb It Is attached, and an assurance that tbey are the eeaoine article of tbe original producer, in this way tt often proves to be of great value to tbe maoiifacturer In preventing the substitution and sale of aa inferior and different article lor bis products. It becomes bis trademark, and the courts will protect blm la lis exclusive as, either by tne Imposition of damages for its wrongful appropriation, or by restraining others from applying it to their roods, and compelling tbem to account for profits made on a sale of goods marked wltb it. Tbe limitations npon the ass of devices as trademarks are well deooed. Tbe object ot tbe trademark ts to Indicate, either by Its own meaning or by association, the origin In ownership of tbe article to which It is spoiled. If it did not.

It would serve no useful purpose, either to the manufacturer or to the nubile: It would afford oo protection to either again at tbe sale of a spartoes In pises of tbe genuine article. This object of tbe trade-mark, aad tbe eoosequent llmltsOons npon Its see, are stated with great clearness la the ease of Canal Company vs. Clark, reported In the ISth Wallace." Then the court said, speaking through Mr. Justice Btrona, that "Boooeean claim protection for tbe exclusive ese of trade mars er traoe-aame wbleb would practically give bias a monopoly in tae sale of any foods other than those prod need and Bade by himself. If he could tba pabllo would ba Injured rather than protected, for com petition woald be destroyed.

Nor can a generic name, a name merely Aasertptlve of an article of trade, of tts qualities. Ingres tenia and characteristics be employed ss a trademark, and the exeiuairs ose of It be entitled to legal protection." Ia tbe ease of Canal Company vs. Clark, It WalL, S2S, it Is stated that "the office of a trade-mark Is to point out distinctively the origin er ownerbip of tbe article to wblch It at affixed; or, la otber words, to eivs notice wbo was tbe producer." Aod that there are some limits to the right of eelecUoa will be manifest, it Is farther said. In that ease, "when It is considered that in all cases when rights to the exoiosive use of a trade mark are Invaded, tt is Invariably held tbat the vuub im i wiuui rouuMi in iw wmum wi me arwuue of one manufactured or branded aa those of soother; aod tbat it at only when tbis false reprssenuttloo is directly or indirectly made that ths party wbo sp-peais to a court of equity can bare relief. This is the doctrine ot all the authorities.

"And it Is obvious that ths tarns reasons," eon-tlnues the opinion in that case, 'wblch forbid tbe exclusive appropriation of swoerio names or of those merely descriptive ot the article manufactured, and wAlcA can he employed with truth by other manu-faclurer, apply with equal force to tbe appropriation of geographical names designating districts of country. Tbelr nature Is such that they can not point to the oriQin (pctsunai origin) er ownership of tbe articles of trade to wblch tbey mar ba applied. Tbey point only at the place of production, nut to the producer, and eould tbey be appropriated exclusively tbe appropriation would result In mischievous monopolies." In the same opinion Mr. Jostles Strong quotes with approval an extract from the opinion in the case of tne Amoskeag Manufacturing Company vs. Spear, a Dandford cup.

C. follows: "Tbe owner of an original trade-mark has sn undoubted right to be protected In the exclusive use of all the uiarkx, forms or symbols that wars spnroprt-ated aa designating the true origin or ownership ot tbe article or fabric to which tbev are affixed; but be bas no right to tbe exclusive ase of any words, letters, figures, or symbols which bars no relation to the origin or owserahlo of the goods, but are only meant to Indicate tbelr names or quality. He has no right to appropriate a tign or a flmbo. tohich, from the nature uf the fact it ts iwl to Hgnify, other may employ U'ltA equal truth, and therefore have an equal right tt employ for the tame purpoe," Following and applying ths principle expressed In tbe last sentence of this extract. Mr.

Justice Strong. In tbe opinion from which we are still Quoting, says: "it Is only when the adoption or Imitation ot wbat is elatmed to be a trade-mark amounts to alfalse representation, express or Implied, designed or Incidental, that there is anv title to relief against n. True, It mar be that tbe use by a second producer, la descrlblDr' truuirully bla product, ot a name or a combination of words already tn use by a not ber, may bars ths effect of eatiemg tbe public to mistake as to the origin or ownership of the product, but IX ft Is Just ss true in Its application to bis goods as It la to those of another wbo Orst applied It, and wbo, therefore, claims an exclusive right to use It, there is no legal or moral wrong done. Purchasers may be mistaken, but they are not deceit ed by false representations, and equity will not enjoin against tell tug tbe truth." Tried bv these prladples, it would seem tbat the trade-mark claimed oy tbe complainant can not be sustained as such designation of whisky manufactured by bun, without reference to the place of Its production, and tbat It is not. therefore, a lawful trade-mark at all.

In the proper sense of that term. It Is rather the trade name of tbe distillery itself, of wblch be was, at one time tbe proprlelor, but which Is uow tbe property of tbe defendants. Kattber by its own meaning nor by association does tt Indicate tbe personal origin or ownership of the article to wblch It is affixed. It does not serve to give notice wbo was the producer. It eould be sopited by blm with truth to bis goods only while be was tbe owner of tne distillery named, and then only, not to all wbisky of bis manufacture, but only to tbat actually produced at that distillery.

It ean now be used without practicing a deotptlon upon tbe public only hy the defendants, it points only st tbe place of proudction, not to the producer. If a trade-mark at ad. In any lawful sense, tt is only ta its use in connection wltb tbe article which" it truthfully describes, that Is whisky, wbleb Is actually manufaotored al the old Oscar Pepper Distillery, in Woodford county. In the case of Hall vs. Barrows, 4 DeGcx, Jones a Smith.

167, there was a trade-mark, altogether distinct lrom the name of the works, being tbe Initials ot tbe names of two of tbe original firms wblch owned tbe works stamped upon tbe iron produced al tbe works. Tbe question was whether in a sale of tbe works and business to a surviving partner the trade-marks should be valued as parting tbe tale. Tbe Lord Chancellor. West bury, said: "There ts nothing In the answer or evidence to show tbat ths Iron with these taiuals has or ever bad a reputation in the market, because tt was believed to be tbe actual manufacture of one of tbe two original Onns. 'ow if I adopted the distinction drawn by tbe Master of the Rolls, between local and personal trade-marks, 1 should be more Inclined to treat this mark as Incident to tbe possession of tbe Bloom Oeld Iron-works, for it bas been used by successive owners of such works, and seems to bave been uses by tbe last partnership tn no other right.

In tbis respect tbe esse resembles that of Motley vs. Down-man; MyL A Cr. 1. "But It ts unnecessary to pursue this farther; for I am of opinion tbat these inluaUetters surrounded by crown bare become and ana trade-mark, properly so called, that Is. a brand which his reputation and currency in tbe market as a well-known sign of quality; and tbat as sucb Is a valuable property or tne partnership as an addition to the Bloom Oeld Works, and may be properly sold wltb tbe works, and therefore properly included as a distinct subject of value in tbe valuation to the arriving partner.

"It must be recollected tbatthe question before me Is. simply whether tbe right to use tbe trade-mark can be sold along witn tbe business aad Iron works, to as to deprive the surviving partner of any riant so use the mark la case he should set up a similar business. Nothing that 1 have ssld ts in tended to lead to tbe eonduston that the business snd iron works mlgbt be put up for sale bv the court tn one lot. aad tbat tbe rlabt to nae tbe trade-mark might be pat up ss a separate lot, and tbat one let might be sold aod transferred to one person snd tbe other lot sold and transferred to another, ths case requiring only tbat I should decide that the ox-elusive right to that trade-aurk beioers te the partnership as part ot tts property sad might be sold wuh tbe easiness end works and as a valuable right, and If tt might as so sold. It mast be Included In the valuation to tbe surviving partner." it win be observed with wbat pains the lard Chan eel lor guards against the eoneluaioa that even In such a ease tbe title te the trade-mark eould be separated frost that of the establishment, upon tbe product ef which tt bad always been sold, were when the trade-mark was not the mere aame ef the place of anaoaraoture, bat a trade-mart proper, denoting the personal origin ef the manufactured article, Tbe case ef Kldd vs.

Job neon, too U.ls. Rep 617. Is to tbe Use effect, The trade-mark In that case "8. M. Pike's Magnolia Whisky.

Clnclonatt.0." wss a trade-mark proper: mat ta, Indies ted the personal origin of tbe manafaeturs, and was not tbe mere name ef the Mace of manufacture. Pike sold his eeubUsameui to be carried on for tbe eame bastness by his successors, and wltb tt tbe right ta use his brands. The Court said, ta deciding tbe case (p. aa! "As to the right ef Pike to dispose of his trademark ta connection wltb the establishment where tbe liquor was maonfaetored. we do not taiak there ean beany reasonable doubt.

It la tree, tbe primary object of a trade-mark is te rod teats by tts meaning er sssoeistlon toe origin ot the article to wblch tt Is al-flxed. As distinct property, separate from tbe article creeled by tbe original prod seer or Baanataotnrer, may ot be tbe sebjee of sale. But wbea tae trademark as affixed te artaeJes aaeauzaotared at a par-ttealsr establlebmetil aad acquires a special reputation la connection srtth tne piaee of ssaaefaotnre, and tbat establishment Is transferred either by eon-tract or opsranoa of law to others, tba right to the use ot the trade mark may be lawfully transferred with tt. Its subsequent ase ay tba person to whom the estabUebroeai la transferred ts eamMered as only knotting that the roods ta whtoh tt it affixed are awnnfasjed si tbjy asms place, and are of toe aatneobersecersn those to which the mark was at-taehed br tts original designer, anon Is tha purport of taelanewatTeof lord Oree worth, ta tba ease of Leather Oota Com sen vs. Assertes Leather Cloth Company, reported la 11 Jur M.

8-, sis; tn also Aloe-worth vs. Walroealey, 44, L. 833, and Ball vs. Barrows. 10 Jar.

M. ts." The obssr ft tlons of Lord Craaworth ta tbe leather cloth ease, refsrred torn this euaoon, are as follow SI -But 1 further think thai the right te a trademark, anav tn reoersL triaslng tt es property or as an suAseiry of property, be sakt aod transferred upon a tale aod transfer of Use ananafsetory ef tbe goods on which the sserk has been ased ta ba affixed, ana may no aswialiy ased by to nsrkenrsrisSs wjereivef the name ef for tnrer. When he diss; those who ssoseed htm. eraad children or married eassrbters for instance, thoaea they nay not bear tbe same Beta yes ordinarily conduue to ass tna original name as a trade-mark and tbev would be Protested against any tnfrtnee- meot of tbe exoiuaive rtgat to that mark. Tbev would be so protected tinanss, aeeordlea the usages of trade, tbev would be understood as meaning no mere by the ase of tbelr grandausare or father's aasse tbaa that they were carrying on tha totDursoture formerly carried on hy him.

Nor woald the ease be aeees. aariiv different if Instead of passing Into other baa St by devolution of law. tho snanulaetorv were eekd and assigned to a purchaser. Tbe question la every such case must be, whether the purchaser ta eon. Bnufhg tbe ase of tbe onanaal trade-mark weald, according to tbe ordinary stages of trade, be snoer-steod as saving more than that he wss carrying on tbe sasse business ss bad been formerly carried en by tbe person whose name coo stunted tbe trademark, in each ease I see nothing to snake It to-preper tor tbe purchaser to use tbe old trade-mark, as it mark would la sued a ease Indicate only that tbe goods to marked were made at tbemanafao-tory which be bad In tbe forego Ids cases the trade-maik eonslstsd either lo acme arbitrary and fabrdfoi name given lo tbe prsdaet, or In tbe name or initials of ths original prodooer.

aod It waa held, even In respect lo tbem, that tee exclusive rbi to eoounue Ihelr ose taigbt psss to a purcbiser ot tbs place of prod action, tarrying on the business of producing the same article. It at a fair Infereaos, from tbese euthoriUes. that 'where, aa la tbe present ease, trade-mark constats merely la tbe name of tbe estabUsbmeat Wetif where tbe manufacture ta carried on. and becomes attached lo tbe manufactured ertMie only ss tbe product of that particular estabUsbmeat. a sale of tbe establishment will carry wuh It to tbs parebater tbe exclusive right to as tbe name tt had prsvlossiy as-quired In ccooeoUoa wtib his own BMaafaetnre at tbe aame place ef similar artlele.

by oseratiea of law. For that propoeiUoa the ease of the Congress spring, Ctxt'i American Trade-Hark sates, tt a direct authority. Tbe Court of Appeals, per oigsr J. (p. eafi), said: "Tbe plaintiff purchased af tbe former proprietors tbe Spring.

Tbey took the srsele property ia tt. Tbey lb ua obtained that waiea was tbe prune value of It, tbe exclusive right te preserve tts waters tn bottles as sn article of merchandise, and the uelBslve right lo sell It when bottled. Taos tbey acqaired the boslotst of tbelr predecessors, tor toe plaintiffs, owning tbe Spring, no ens siss eould carry oo tbe bnslneas. Aadoader tbe roles above staled, they acquired by aestgasseot er operattea of law tbe rig bl to the trade-mark before that la ase to designate the aruelc upon which rh basinets was carried on." It la true, as observed by counsel fa amaseok that. In ibat ease, tba artlele of mcrchsiwUse wss a natural, aad not, as la tbs present, ss artificial pre duction.

That circumstance was observed upon In tbe argument of that ease as a reesoa for refusing tbe protection claimed for tbe trade-is ark bv the par ebaser. Tbe court said In reply (page eJB): -it at true that In most of the eases wbleb hsvs been tbe occasion of lbs rules laid down on this subject, tbe article in question bas been aruoobti. Bat Is will be difficult to show a reason for say ef tbese rulta wblch does not apply te the proprietorship ot sa tuque product of nature as well as to that ef aa unique product of art," Tbe following cases are cited without eomoasnt aa sustaining tbe same pro position; Q. and BVMaa. Ce.

vs. Hall. 61 Mew York, 89; Carmicbael vs. Laxisasee 11 Rbode Island, 407. and Booth vs.

JarreU, ot Horn. Pr. Rep lOU. The cases cited and relied upon by counsel ret eomplatnant do not seem to us to affect the qeee tion in tbe view which we hsvs taken of the facte. Tbe only one upon which we think tt Important as submit eommsur, is that of Wltberapoon vs.

Carrie, L. 5 Eog. sod Jr. sp B21, and that, only, because it seems to be urged as lscoo sis tent with the view we bave been compelled to adopt. In that ease tbe controversy turned upon tbe exclusive right to tbe word "OleoOeld" as applied lo starch, originally made at a village of tbat name, the manufacture ef which was subsequently removed to soother elace, aa against the defendant suhseqaentiy man onsets r-ng at the original place, Olenfleld, aad claiming on that account tbe right to use ths nams lo connection with tbe starch made by bun.

Lord Weetbary stated ths point on wblch tbs final decision in favor of tbe eomplalnant was rested with clearness. He said: "I take it lo be clear from tbe evidence that king antecedently to tbe operations of the respondeat tba word Glenaeld bad acquired a secondary slanla-caUon cr meaning la connection with a particular manufacture in short. It bad become tbe trade denomination ot the starch made by tbe appellsnk It waa wholly taken out of Its ordinary meaning, and In connection with starch bad acqaired that peculiar secondary signification to wblch I bava referred. The word therefore, as denomisetton of starch, had become the property of the appellant a. It waa tbelr right snd title In connection with the starch." We do not find in tbe present ease sny state of facts eorresnoodlng with that.

Toe words "Old Oscar Pepper Distillery" uaver lost tbelr primary signification and never acquired soy secondary meaning. Ana, ss spplied to tbe whisky made by tbe complainant, the words "Old Osear Pepper" and abbreviation "O.O.P." never came to mean more than wblskv that had been made at that partlealar distillery. They did not become a denomination of whisky, aa the manolaeturs ot tbe complainant or of any person, but cbarAOSerlsed it only aa entitled to public favor by reason of tbe reputation of tbe particular distillery at wbion It purported to bave been made. Tor these reasons we are of opinion that tbe equity of the case, both upon tbe original and cross btlia. Is with tbe defendants.

A decree may be entered accordingly. PEOPLE ABOUT TOWN. FCBSOX At-Will ITs taker left last night for Cincinnati. Mr. B.

H. Snyder bas returned from a visit lo Indiana. Eon. John B. Cravsas, ot Madison, Ind Is danger" ously I1L.

J. P. Carr, of Gsrr Bros left for Bedford Springs yesterdsv. Marlon Stoart Cann. editor of the Frankfort Dispatch, Is in the city.

Mrs. J. M. Eddy, wife of tbe popular singer, bas -returned from Chicago. Mrs.

Dr. A. TL Gilbert haa gone to Crab Orchard, where she will re mam several weeks. Dr. Lucie Alexander haa gone to Allen for a few days in search of health aod pleasure.

Mr. John Rofer and Mrs. Unger have returned from sn ax tended, visit to New York aad Canada. Miss Nsllle Bhumwav, of New Orleans, win leave tbe dty to-morrow for a short stay at Crab Orchard. Mr.

Sam. Crafl and family left last evening for Waukesha Springs, where they will spend ths remainder of the summer. Hon. W. F.

Bullock has returned to the city, after a few weeks' absence at Cape Cod, Boston snd Nsw York. Tbe trip proved both enjoyable and bene Octal to tbe Judge. Bon. E. D.

Undlford and President B. B. Teach, of tbs Louisville, New Albany and Chicago railroad, started for New York yesterday afternoon on business pertaining to their road. Mr. 5am.

CIEllioU, of tbe Eentackr Printing sod Publishing Company, is home from a profitable trip through the State. Tbe Cocaixa-JocasAL Is indebted to blm for some excellent newt letters. CoL Pall Judge, accompanied by Miss Judge end Master George Kean. left last night tor tour of tbe Eastern wale ring places. Mr.

E. Bobne and wife accompanied tbe party. Mr. and Mrs. Bobne go to meet tbelr daughter, wbo bail Just returned from Europe.

Mr. and Mrs. O. A. Knapp.

Mrs. George H. Breed aod family. Mrs. Dr.

Noel. Mr. and Mrs- Wm. J. Johnson, Mrs.

Dr. Coleman Rogers snd family. Mrs. Cook snd daughter and a Dumber of others are spending the summer most agreeably at Sheboygan. Wisconsin.

Mr. Henry C. Underwood, who for several years past bas been very acceptably and efficiently performing important duties in tbe service of the Looby Uls and Nashville railroad in the South, with beedqaartera at Atlanta, bas been speodlsg a few dars with his old friends this etty. by wheat be bas been most warmjy snd heartily greeted. Mr.

Underwood itfboking In splendid condition, aad II tt very evident be bat been taking food care of himself aa wsU as the mterests of tbe great corps-ration be Is serving. AT TUB BOTXXS. 0. W. Byram, of Nsabvtna, tt si Alexanders.

S. Farrlngen, of Cmdnnatl. tt al Alexander's. James Landrigan, of Albion, CL, It at Alaxander'i R. P.

Randan, of New Orleans, Is al the kands. lord. H. W. Washington, of Hsysvlils.

Ky is at Alexander's. Dr. A. Tsllsadlgbem, ef Fraaklla, Ky tt at A to ander's. J.

w. Rlchardsoa. of 3raadeaburg, Ky It el Alexander's. Cape. Jas.

W. White, of Savannah, Teea Is at Aiexaader'a. Yan-T. iindley and family, of NashvCls, are at the Louisville. Perry C.

and Mrs. J. K. rtsber. Ykshorg, are at tbe Louis vQls.

Frank TX w. Taylor, af Baa Francises, Is al the Nsw Bowtnern. W. H. MeHenry, of St.

Louis, ta at tMLoaJsyfDa, an route to Canada. afiM 1ih.ua v-s Cr. ts at tha Tons tsville, aa route to Waukesha. fu Cbenanlt, R. Baegbatsa ead 3.

A. LyUe, af Beaterd. Ky are at tbe btaBdiuwd. A. B.TJpahaw, of Cohnnbta.

Teaa and W.B. Bowling, of NashvUls, are at tbe lMsurvlDe. CoL B. B. Dmgsss, Gsneral Agent for tha Fore-pangh Show, to a of tba Mew Southern.

At tbe wmard are Thomas W. Yarsoa. Batatord; B. L. Dereey aad bob.

Utile Book; o. Farree, Phlaa-dclphta. Walter teote, Madison: J. Davis, Cottage; W.F. rovlmrtoa: a.

1. Baddlak. Masbyllle: Matthew Nolan, Covington, were at Bufer'a yesterday. Miss Mamie ttogers, XtrkvfDe, J. X.

Raadalt, RMloyvlile, led 4 F. Hackeu, rteaeurevtliet aid. Da via. Freakfevt. J.

A. TtUord, Mleblgaa CUv, Ind are at the Ct. Cloud. Mrs. O.

Ttovcpsou: rrukforti George B. Medley, fprrogfleld; Kdwtu UoweU, Boebeeter, H. Y4 V. ML Booker, OteetnTjeO; Was. B.

fcl wards, Maa-ScrdsTUle, are al tha Fifth venae, O. L. Retnnard. Boekperl, R. C.

Severe, Leitcb field: Ixewdea. Btg Reedy: R. L. Bailer, Poet by county; Jas. A.

Tlotett, Flag Fort; Jas. 8, Rodman. Davleae eountyt J. p. Wainsuott Owssj eosmtr.

W. letaaree, Bhelsy eouaty, are at tha Phoenix..