The Courier-Journal from Louisville, Kentucky • Page 6

6 THE COHlfQPT. CASE. Judge Simrall Decides it a Civil Proceeding: and Therefore Transferable. The Crowing Tendency Swear Judges Off the Bench to Miserable Practice Which Should Be Suppressed by the Bar. sxtobcx bttiti ass iitdictmxsts.

In the Law and Equity Court yesterday, Judge Simmll rendered am opinion in the Chestnut-Street railway contempt case. aWe time ag while the nil against the railway company was- under discussion. President St. John Boyle and bis co-defend- ants moved to transfer tbe case to tbo Chancery Court, and filed am affidavit, stating tbnt they could not get a fair and impartial tnal before Judge Simrall- The question than arose as to whether contempt proceedings could be transferred, and upon this issue Judge Simrall rendered bis decision as lows: Ixrmu Law and Eocitt Corirr. fimint titers, ulaintiflt.

it. Lot.iMitUe City Jiatltca Cvnpai'l M'1 other, delmdnntt Opinio by Judge bimtall. in tuts action a tem- rjorarv injunction whs tnuim iBmnmim Put Railwar cuipaur from con- etruetiua: or opei-atma; a nnwi railway on Cbest-kii Sixth and Ei lit eulh streets. ua.il the further oruer of couiU The ground of tue tnJuaciioo wait tiiat tbe company had no rirfut to li mad ncru ill conformity with tne ro- nnirsmsnls of the city charter, Widen hud not With. tiuriaar the summer watioi, in tbe abwocs of tbe regular Jude of tin, wurt, the drfenuants.

in dire.ard of said injunction, consmicted aud operated sail railway. iheae facis having been brought to tbe attention of tne court by affidavit, raun ordered a rule issue aicainst tbe de fendant and certain ottlcen and empiojes to show cause why they shou.d not be puuial-ed for contempt in disobey ing said order. A response to tbe rule was ti.ed setting up a lack of iutentiou to disregard the authority of tbe court, and cleiniuie tne rijrht to build said mij unuer a new Kiaxit from tbe city ouik-i 1 in accordance wilb. the mqiureiuouu of tbe city barter. Atirward an affidavit was filed by there' spondents with the Clerk of the Court, thai the judge would not afford tiiem a sir and impartial trial It la conceded t-ii-il tile effect ot this affidavit is to USoMrr the act.ou or operalioa of la to the Louik.iUe Chancery Court.

Tbe nlainutfs'iftoved to make the rule abso lute, ntwuitaudiHK the anidevii. Tut tiuii is aubmiutd. winch r-ii-e lo qurmwu: First Is tbe proceeding ir couii-uipt a part of tka urincioal action, or a separate proceeuiuir. or lu tbe nature of a criminal prosecution, and does it go by operat.ou of law wan the action in to the other court? kaouad Uom tbe moonw present nj Kuffl cieut juatincalion or excuse for duresaruiug tbe inlunctiuni The statutes under which tbe affidavit for a transfer is nlol are as follow: --When froiu any cause thejuugeof tbe circuit Court fails to attend, or, bem. id attendance, can cut nmnerlv nreside in an action, special proceed mat or prOMfCution jtrnmnK iu huU court, or if em rr party kiiall file with the Clerk of tbe court i .11 1 1.

bis artlaavil mat tne juuge win not auoru aim fair aod impartial trial, tbe parties, by agree ment, may select out ox the attorneys ot tin court to preside ou the trial and bold the coui for the occasion." By an act of 1883 this statute was asade in tarnia to toulv lo this oourt. At the last session of the Legislature an act waa approved on tbe 7tb K-bru-iry, ISM.eo titlad "An act conc-erniuc certain court in Jef ferson which provides for trautier irum one of said courts to another of act win and urt.crt.iu.g$, where the loretco iik aflida- TUutUeit. Thut act ouly proviue lor ilia elec- tlun ol asDctlal Juuze when the reularJuitcn faiiH to attend, or wi.e.1 tite Judk.e ol tue coui i lo witlco ibe a-tiou -r teouii proceedliia 1 traia ferred can not uroueriy preside. The plaintiff contend, tint, ti.at (hid proceed isa for cocieiutit, nue cnnuuui in lis i.iure, no; covtrvd by tbe word pio cutivn an ued lu tbe Statutes; it it. i so covered, it is oy tbe act of because not rmbiacrd ineiein.

The rrspouileuis c.aiin that the proceeding for contempt iu Uiis ce is rimer a pan or tiie oriji jnal action or a 9t'ciu pi ucr amy ctvu tis nature, and tiierelore is tmnslerred by the ex-nress terms of tbe bTatute. Tbere sre tliree dttlerent views of this subject entertained toy the couns ai.U Iiw-writers, he first i tbnt the proceedint; forcon euipt is separ ate (roui til- uaiu a tlt-u, Di lu ita nature. Tbis ik-w nnro.v.i i tHaca in a very able opinion in the 1 a.s:uore-Aillism- son case fjti Peun. Man rrports. IS Tlie second i tuat it is a part of tbe principal action aod is civil id its In an ii-juuction prwre.Uni in Vvinslowra, Nsyson (113 4U), tlray.

C. saiu- oomplsiut asrounst toe feudaut, Nason, bas been irregularly treated as a dtaiii-ct cause and entered upon tlie docket as men, It really but an incident to the principal suit, and all tlie papers relating to it anouid be filed Willi Uie otlier papers iu tbe cade.1' hi rx-parte Alabama, 08. tbe doctrine is thus stated: It is said in a book of ac- credited autuoriiy, every court of record may impae reasoaaMe fliin ou all such' as msy be Cuiuy of any contempt of its suti.onty 1 Juron's abriiirmiiit aLd toe court mar oroceed in summary way to punjsn lor cuntempta. Dot- witcsiiDbirtK Uie coDbiitutional proTision that crimes sbail be tried by a jury. Ine power to DUDitth lor contempt is incident to courts of taw and rquit) (7 ranch, 3-', Then a proceed-iu lor contempt is not criminal pmceodinir.

It is only in a criminal prosecution ti.at tlie accused tu a to be neard by biniself and counsel, or aitber i.Constitutiou of Alabama ait. 1, asv. t). If a proceecine for contemDt were a criminal proae-uuon. then cnld not be tried by tbe Cuam-eilor.

nor could a jury tie dispensed with art. 6'g lue third view that where the punishment for contempt i foe tha ole purpose or upnkiiuir tbe dlKOitj BUiunriiy aud iutefcrny of the court, the proceeuiiiK3 therefor are cnunnal in their tore. tbo oflene ben is airaust tne Cofnnaonwealtli alone, riut-if tlie primary object of the procveolng is to pumiti for contempt, in order to enforce tne civil rights of the plain-till, tben ti.e proceediuaT is to be treated as civil tale nature. As lor instance "an order committing a defendant for contempt for refusing; to py money into c.n t' ta civil and not criminal in iu nature 80 expressly held by Judge Lowell in the recent case of Hen lryx, vs. Fitzpatriclt (19 Federal keporter.

a Itiioufrb every stien order Has in it ine double purrKja and efTcHrtof- upholdiiifr the authority of toe court, as weU aa securinc the rights cf tbe plaintiff. Just so in tne proceeding' at bar. If the Court shall bold that the response to tbe rule is insufficient, and tnat tbe new irant from the citv furnlbea no juwtincation or excuaa for dis-rrg-irdius tbe injunction, it will be tke duty of the Court to commit the lesrx bdents to jail, not ouly tor tbe purpose of niainiaininif toe an-tbority of tbe Court by enforcing- obedience to lis orders, but mainly for the purpose of corji'iellinr them to have toe street-railway torn up and the -street placed in statu quo. in order that the plaintiffs may be restored to their civil rights a of the date when the preliminary Injunction was arsniea in tbeir bebalf. According to tbat -view tbis proceedicjr it civil in its nature, because resorted to primarily to enforce a civil right.

VVe believe tbis is tbe correct view, and supported by reason as well as by modern authority, in Hin on la junctions, arc. 1.4l9. it is said: "And a peroa epplyrogr to Court of 1- quity for the punishment ot a party KUiliy of a breacU of injunction must sboa that he has some inter- et in tne subject matter of tbe controversy. In sec 1.4.S1. tbe same antbor says tbat "Complainants' iacbea lu obiainine aervUe may be taken into account upon a motion to curnrnii for a breach." bboainrthat he regarded the civil rights of the complainant as tue paramount cousidera-tioa in tne proceedings.

See also Hoeers Vs. Koei. 62 Eur- Chy. 614. Tbe court is ot opimoa tbat tbe proceeding is civil in its nature, and wi.eiher treated as a part of the original action or as a special procredinir under tbe code, it comes wi.sin tne express terms of the statute, and upon tn Win of tlie affldaTii by respondents it passed by operation of law into tbe Louiavliie Cbaneery Court.

l.ut if it la criminal in Ita nature, tben it is a presreu-ioa, and the Biing1 of tne affidavit would make it iiaary to elect a special Judje, required by tbe Bener.l statutes in "an action, special proceeding or prueecuu'on-' do not conswer mat this general statute as to prosecutions is reieaied by tbe special act of lo4, because that act in terms relates onlv -to actions and special proreedins. 'i be rule is thus stated by Judge Story in 10 later, Tbat it has not been expressly or by direct tarnia repealed is admitted, and tne qneation rp- aoives itself into the meet narrow inquiry vhstbsr it bas been repealed by necessary luipli- eanoe We eay neeesary implication, for it is s-hOt saifBoiawt to eetabaian teat eunevouent lama over sosae or evea ab tne cases provided for, for they may be merely aClrmailve or cumulative or auxdlsry but there must be a positive repuc-naary ketween Us provisions el the new law and those of tbe old, and even taaa tbe old lav la repealed, by uwpiicaUoa only as- aaatss to tae ast-lenef tne it to the Jutfee of tbis court of tbe ripht to farther try the aeunn or proceeding for contempt, wnicn makes it Improper to express an opinion as te the second point raisea: mat is as to rue uunmuv of the response. In conclusion the Court feels tbat it is due to the profession to call tue atieutinn of the bar to i Ik, tne K-rowinK lenuency to swear dun" bench. We do not dany that in hhm ca-iee it mav be proper as recognized by the Coort of Appeals In the Turner case in II. Metcalfe.

Nor lit our purpose to call in question tbe motiees or .1.:.. he rood raitn or tns resDonuenta iu The atatnte onlv rrauires the affiant to swear his belief, wlilcll IS OUiy anowo to mm Maker, who alone can search tne neart auu uuu out the thoucrbtM and intents of men. But Itmu-t be man 1 test inatinere are "-r caxesin which the affiants do not desire a lair and imnartial trial, or there havinc been in the proirres-i or tne uticstion aome ri.liiir riha i-nlirt liintin? IOIH KlflTO result. they svail themselves of tbe affidavit in order to take the cbanees of anotner tnounai. erabln practice should be suppressed by in- oar.

and if tbn bar can not or will nt uo it. i lush time for the Let isiature to tase tne matter in band, and either repeal tbe slttuwi or noue itaMimdwiih such safeguards as wid prevent iu abuse in the luture. LN1IID STATES COCRT. Ia the United States Ceurt yesterday mornine. Joe Bottom pleaned guilty to tbe charge of selling- whisky without a license.

1 i ..4 V.l r.h a sentence ns not rjeea paawu. docket came tbe case of Tbomas C. aits. against whom there were two indictments for violating the United States pension laws. White failed to appear, and bis bonds were forfeited.

Tbe old cases of Henry Wallace and 1'orry Tliomaa were again called, and instructions were given to the jury, Dut no verdict was returned. TWO PIVORCI PBTITIOJia. Mary Merritt tiled a divorce suit ia Chan cery yesterday against xucnara nernu. They were married nine jean ago, and have two children, which she asks the court to place in her custody. Cruel and inhuman treatment is the caosa of her complaint.

Collins was also an applicant in Lbao- eery for a divorce from James comns on the lt round of cruel treatment, iney were married ia October, 1S7U. txaiBITKKS IX TrJOCBLS. Emil Newfeldt. an Exposition exhibiter. was arrested on.

a warrant sworn out pj another exhibiter named i oune. but Mr, ewfeldt assured tbe court tbat Mr. ounjc was an old friend and did not desire to pros ecute him. -We bad a little difficulty yesterday, yoar Honor." said be; "tnat is, I struck lum, but he came up and shock bands with me tbis snorninfr, and we have a.gre-ed to let it pai as we wisb to leave tbe city iintuediateiy Caut. Abbott objected to the settlement of a case outside ot court, but tbe ude settled toe matter by putting the costs on Air.

BRIEFS KROs Tn COCRT. A municipal tax suit was filed in Chan cery yesterday a.ainst Wm. Y. Johnson lor Wm. W.

Bruce sued Anna M. Lember- er in tbe Common Flees Court yesterday on a note lor S'-tt. Cbas. Walker Woods was fined $20 and put under a heavy bond for aix months, for knocking his wife down stairs. i Tbe craid jury returned seven indict cnents yesterday and then adjourned tilLU'oi DttHiar.

Xbe indictments were not made putiiio. The will of Gottlieb Freuderberg-er was probated ia the County Court yeMeaday. He gives his entire to bis wife during per life, and to his children at h.r death. The New York: Life Insurance Company sued Louis in tbe Common rW Court yesterday for 2.G00, which the plaintiix allege wai collected by tne aeteaid ail La aa agents ot tne company. Judge Simrall granted a divorce Tester day to Louisa Kleiujobn froiu Chas.H.

Klein- joun. I bey were luarned teu years, and be deserted her three years ago. She was given the custody of tier two cbiidren. udge Jackson granted permission ree- ter day to Frank aud Annie Koernsr to adopt -a waif a(red three weeks, whose parentage and birthplace are unanown. ne little ael- low was duly named Anthony F.

jw-oeroer. hruiln tiled an attachment suit in Chancery yesterday against Unas. H. Hanger on a l'luyu county, judgment lor ilzo, and aAked that tbe M. and I.

railroad be ordered to pay in court any money it owed lianer. Chancery Marshal Hailey's sales were anutiualiv light yeateiday. Jbigbteen feet of ground oil'- Eleventh street, between Mam and Market, containing a brick bou-e, was bought by City Ld Tieruey for and CI feet on Lytle street was knocked down at SO. Tito last sale made to penect a tiue. PKOCEEDIXG3 IN COCRT TSTXRDAT.

jErrrason Circcit CoraT. Commonwealth vs. ni. '1 nonipsou. murder; continued to Nov.

0:1. Same vs. M. F. I'ielu, Ivlo respites fiird.

-vs. W. 1'. murder; not guilt coiitiauea io.aot. EFKHRXON COI'HT Of CoVIION PtAS Nord k.

iuitu; naaiul to Nov. l-'i(3o clock Pi 4t. liruce Co. vs MufforU; answer verified: rule uiscbaiged. Graves vs.

Vaji; getting waived; answer coutroverteu; aisiuea to utc. J. Louisville Uv a.vu livt'iTT raT. Morat vi- das 1 motsuu to require piaintit? to elect uunntteu. i nomas vs.

iioidbacii: motion for now trial set for November O'Connor A Mcculloch vs Xlenderou nridjce Co paased tvto All-n vs. Vei.s; pass-d one week. Leon vs. L. ana N.

R. K. rejoiuder filed; to Decemoer 5: order assigning- set asitle; passed one week. Birch vs. eburt-rouie liailwar passed one week.

Macxi-son vs.F.ilermn: rule atraiust plaintiff to para-(rrapn rej.ly. Lret Wim to. is. Williams, boss passt-d one wees, beni.ett bros. Koop vs.

llarutig, demurrer to petition riled and kubtnitlel; Bi-iLoa to ciuah orier delivery and submitted. Herman LxKle, No. 17, O. O. vs.

lers, ic; psss-d one week. lleatber vs. Korb; demurrer to petition submitted. 1'ayne vjt. Flelcner: ju KahnVa.

Kerr; p.tssed one week. Bushtiell vs. r'eruson; motion tor new trial orerru.td; tnree weeks for ot exception. Ilewett vs. Buh; motion to strike cross petition from files overruled.

John rtonts- KaiuJrh; moilon fornt-w trial set for wrignt vs. A.i-ins r-x press order cleinurrer aside: demurrer tor Nor. blonder vs. nuth; affldavlt nied. La- vid BoLannan; rvplj Mod.

Carroll. ad miuisir itor, vs. i'resbyierl Mutual Aoc-a- tion una: time to mat. to answer, olmau vs. Jaceos: Ummiaeed.

Aiurray vs. City; motion for new set ior Nov. bchwan; vs rejoinder-filed. ilonam liro. va.

AtlHTton: renlv tileo. Jacob vs fou, assigned to f)ct. aL Aivey vs. Ken-esl arnw er filed reply died setti ng waived and to wa e. Mccormick Harvesting? Jta-cuiue co.

vs. Ripley; reply riled; motion lo ttts- nus-pirtor peution subuiutei. Kajkinshny- der Viarduare Co. vs. Lr, ls: lisniisad vrithout prejudice.

Attest: rill. CAIN. t. C. Law asd Conn.

Equit Side Fhelps, adm'r. ts. Froman; postponed four wki, with leave. Evatrs v-v Evans: submitted. Oiordon va.

t-vrdon: remanded. Ciodatrnw vm. Vistis; postponed to Nov. 2. Morel vs.

Hallen; answer died and mbmitted. lloarity vs. Moari-ty; remauded. Johnson vs. Johnson; postponed to Nov.

U. City of 1-ouiiville v. Koot; motion for rule, and submitted. Nun -vs. Parmeie; same oruer.

Same vs. bhreve: saraa order. Lp penbrimer and wife, on petition; postponed to iNov. Water vs. btraus: postpoued to Nov.

'i. City of LoiftAille vs. l'esrcs: motion for rule, and submitted, tsaras vs. Evans; remanded. Same vs.

Kent; motion to paragraph, and ub-ninted. Same vs. Kobb: motion for rule, and submitted. Ballard vs. Burke: amended petition filed, and postponed lo Nov.

bmnn vs. rge; losipened to 'JUth. Mayfisld -vs, lieWiu; auoti.iited on demurrer. va r-eterson; answer and report filed aud remanded. VTolfe, executor, va.

Wolfe's heirs, postponed to November 'J. idelity Trust Company vs. Merz: amended petition, answer aod exhibits filed, aud postponed to Novemlier 2. Ililier A Co. vs.

taldwin; postponed to tKnn. Uriffl-b Bros, vs. brunu; postponed to November is. Jones and wife, on patuion; snomitted. Kniftus UolJen Kule vs.

Iiotopp; po-tponed to Wedekiad vs. Wedekiud; boyle va. Iioyie; exceptions hied and submitted Xakal vs. tiooca; exceptions tiied and submitted. Hite vs.i Hite; postponed to 27tb.

City of Louisville vs. Mc-iieury judgmeut. Kentucky Mailing Company vs. chuabel: postponed to November 2. bar-buur vs.

Louisville Water Company; postponed to November 2. bherley vs. brauniu; pOstpoaed to November Kame vs. same: same order, boenraaa v. demurrer to answer sustained i.nd overruled, and motion to suites out sustained.

Jones vs. Muart; aafcigned to Oct. 31. Probst vs. Tjoerr; order pay and order leave.

City of Louisville vs. Connor; order pay, Kirch-ner vs. ihehl; amended judgment. City of Louisville vs. Waller: judicmant.

Same vs. rrank; order pay. alleinjoun vs. Kleinjoha; ju la-meat City of Loumvil.o vs. Morxas; jidg- ment.

Loos vs. City of Louisville; opinion tiieJ. Doyd vs. I'balps: exhibit filed. Young vs.

Muler; motion and proposition filed aad eubmitted. Jonusoa vs. li- in; pleadings filed. Mamtfiekl vs. Albia; answer fl.ed.

Wstts vs. same: answer hied. Klein vs. Klein: responsa and exceptions Hied, rails Ciiy Bank vs. HiU; auswer liied.

Ridge vs. hirte; sale set aside, iloffit va Bell; amended petition bled. Meyers vs. Fletcher; aflloavit tiled aau urder sa.e. 1'suvrsoD vs.

aicbermott; Diotioa to coahna sale and Fidelity Trust Company vs. 'osdick; affidavit filed and arttaniian ad litem appointed. UoS-baw va. falue; order. Hite va.

tiite; exceptions tiled ana assigned to 27. Thomas va. Fearee; answer filed. afcOae vs. Tarwatar; erder.

Wolf vs. Kann; asaeaued petit-e a and aaswer filed aad order. Clay vs. Dua-eaa: deirree filed. ciiy ei Leuumlle vs.

Atoaiaon: ssstinsi aad aaburiaa. Bebwaiaev esw bcbwataorv croer resale and erder rein- ewce, vs. r-t f-i THE COURIER-JOURNAL: LOUISVILLE, TUESDAY MORNING, OCTOBER 27, 1885. Shreve vs. Scrorgan; reiponae Sled and ae- sinrsrd to November 2.

Attest: J. wauis, v. c. Citv Co rar. False Swearing Ben Condlfl held in to answer.

urana l-arc-oy minnie i jenaruaou, scn tjjjo io answer. November 2. a 1 etit careen uan luce: una 'j days' iinpriaoiiment. carrying concealed weapons j. t.

noumao. continued till vwtn Sallia Willis; J'-'i fine and ten days Impnsoumeat In coiiutv a I. ast and Keck leas ill iving cuaa. coieman. continued till Malicious cutting OlUe Chambers; conuousa tillt-'lKh.

Msiulauxhter Wm. M. Fearle: coatlnued uu S8tn. runk and Disorderly Wiillam Jones: fined a till eot and commUaion. C.

A. Mieglemery, K. II. I'eden. VV.

11. Coons. Annie Cbrisliance. Mm Thomas Burs. Mck 1'nrier, James elsh, Juo.

Lyons, Rudolph Held; fined a each. Carl oons, John buprey, 'Alex, looruey. W. J. 1 renter; lined till cot aud commission, T.u-cinda Mile; lined $10.

Thomas i'etty. George Wilson; contmued lillZUth. Isaac bcott: contin ued till liUth. Charles Walker woods: nnea wits bond of $1,000 for three months. insorderly Conduct Archie cook: tine ana SOU for six monibs.

T. McC'antbv: S-O fine. bond forfeited. Sam Smith: fined William and Wary Durick; dismissed. Ld barren; fine.

Maggie Taylor. Ueorgie Taylor: continued till COtn. Harrell. Liazie and Andy Hawkins. Rice leuine.

Tooih Kuiot, Ceila ana Tbeo. Haakins: continued till 30th. Willinm Lesris: ajU line and niOO for thirty days. rd. lveauet: fined Hi.

Amelia Nowtnii; tiamlaed at cost of Julia lon Morrell and Louis Croley; fined $10. Albert Harris; lined Slotill coat and comuimslou. COCRT CALISDAR, OCT. 27. JarrKRson Cibci-it CocaT.

Commonwealth vs. l-ouis tiavia: cuttiuK- jEraox CoritT ok Comuos PLtAa Hammet vs. lau. aud Nasu. K.

It. Daniel vs. tioud-man; Shoemaner vs. Rockwell; l'raaon vs. fon-tier, Ac; l.rifliths va hike; Vandyke vs.

Waddle. Ac: Ac. vs. lioldt, Ac: Lew va f'ainlev: hvaiinnr va Smitb: Kich train Putiuerr Uo. vs.

Welti; tioaoart noin, inotu- as.Hon vs. Southern Lxpotsitiou; wartield vs. Pennsylvania Co. Colter vs. Ceutral Fassenrer Ky.

Met. rath vs. Lou. aod Nash. R.

K. iKivone vs. Lou. aud Nasn. it- iroutman A vs.

ana W. K. K. Hour-lier vs. Blitnton.

Watson Co. Lovisviixe Law and Eecrnr Coitit. Sotblog on docket. Attest: 1'all Cais. v.

c. A B01LE11 EXPLODES. -Miraculous Escapes ia the Bed -Lu tinge Factory of Meyer Voas, on Portland AYenue. The boiler in tbe eagiae-room e( Meyer roea Bed-loanKe Factory exploded at o'clock yesterday morniug with terrific force, lt filled the air with debris and created tbe greatest consteraatioa in tbe neighborhood of iNiueteeuta street and Port land avenue, where tbe factory is situated. The several men employed ia too factory de partment had s.eppedout bat a few momenta before to eat lunch at tbe bar-roans- other wise they would have been blown to pieces.

A small darky who was playing in the rear of the factory bas not been secu since the explosion. The engineer. Mr. Khll. was at bis vvi and bad a miraculotu escape, be walls around him were terlorated wita pieces of flying iron, but be was uninjured, Miss Annie McCanu was in a smail building adjoining tbe engine room, and though the house was overturned, sue was not injured.

llr. Henry Hoffo.au, tbe grocer at the cor ner of Nineteenth and Baird streets, nearly bad bis bead knocked oil by a large piece of coal which flew through a window, at which be was amine breaking- the elaae aad frigbteaiug bis wife so badly tbat sue faint ed. Several piece of uachiuery weiguiuic UUO pounds each were carried several nun- dred feet by tbe force ef t. explosion, crash mz throu.b fences aod out-noues who tear fui force. All tbe neighboring bouses were more or less injured by Hying uinauiee.

The cause of the exploMou is uot account ed for. lt is claimed tbat the engiue was full of water, though it bawl not been tented for twelve years. Tbe factory is damaged ta the exteut of $1,500, and a doz en neighboring houses suite! ed daniaga to tue exteut of irotu iio to $75 eacu. CU.J.KQHD H11U Charles Welble Tells a 8iory Which Lea as lo tils Arreal. Officer Ridge yesterday afternoon arrested Chanca WeiUe, a youug man en ployed at Berger's wholesale candy factory, on the charge of horse-stealing.

Last Friday Cbaries StUger, a farming living aboaV six miles south of the city, came to town with a load of produce, which be was ashing oat to various stoles iu the neighborhood of Shelby and Waluut streets. About IV o'clock in the moruing Bulger left bis team io frout of his brother's grocery, at Xo. 8oD Kellar atreet. bile be was attending to some bul- nes down town. 'V.

ben he returned the team was inisaiug and ao'ono could be found who knew of its wnereabouts. Tbe po.ice were nonfled of tbe tbeft.aud advertitemoiits were published iu all the city capers. eierday morning Mr. dialer tnou.nt ne had tuutid a clew wtaictt would lead to tbe arrest of tbe thief, when, about noun. Charles Vi'eiLle entered -Stilcer'.

crocery and inquired if any one had lost a team of burses. Upon receiving an aiiirmauve plv. said that be bad found a team. which be had placed ia -Merger's stable for safe-keeping until the owner could be found. The horses proved to be the musinz prop- ertv.

aud Veible was promptly arrested. At first tne young man aopeared to be astonished, bat upon being pressed to explain how he came into poe-vstiiou of the team ne confessed tbat last riJay morning wtiiie druuk be bad nurcbased tbe horses and wagon for from some unknown man. aud took toe team to bergir a stajble, here it ba: been ever since. Further toau this be refuses to say a word in bis defense, lbe tioltce are not inclined to place much cre dence ia this story, and tbiuk that as became alarmed at the thought of being caught, and so voluntarily surrendered tne property to the legitimate owner. 1 A New Masonic Law.

To tbe Editor of the Please announce to the Freemasons of the State tbat tbe Grand Lodge at iu late ses sions established a ru.e concerning tbe mem bers of defunct-knifes which is highly favor able to tbeir affiliating witb otber lodges their vicinity. Any; member or a lodze whose charter baa been forfeited may receive from tbe raud a clear acquittance of whatever sums be may have owed bis lodge at tbe period of its lapse; provided be expresses bis purrK)e to affiliate with some other lodge, and pays into tne treasury of tbe Grand Lodg-a a aum not exceeding: Sa.oO. lt is hoped tbat tbis measure will briur back to activity and usefulness many hundreds of those wbo stand now in a condition quite anomalous ana perplexing neither in uor out of the order. Hod. Morris, Past Grand Master.

Laghangic, Oct. 'M. -The Ueatba a Day. The following deaths were reported yester day: Child ef Jane Mills, white, 3 mouths, inanition; Dennis King, white, 27 years. typhoid fover; Louisa Sylvester, colored.

S4 years, heart disease; George Richardson, colored, 2 years, scrofula; Evelyn Steilberg, white, 5 years, diphtheritio croup; William rreoua. coioreo. years, fracture ol base of the skull; child of Jacob KeiflT, white, still Dora; ueorgo Card well. 4o years. alcoholism: Barbara Hsuss, white.

61 years, paralysis; Charles Smith, waits, 25 years, phthisis; ISotiee Vetter, 9 weeks, while, oiarrbea; Pat Redietea, white, U5 years. dysentery; xteary onearer, white, ana tnontb, pneumonia; Harry Brown, white. at a A years, typuoia lever; l-uciuda Crow, wait, io years, aiiaua xtoaa rVuaieu. i coioreu, years, croup. taw-, tbe Caaaarm.

Mr. "William C. Jenes and Miss Jennie Al len went to Jeffersonville yesterday and were rnarriea Dy r.tquire K.slr win. John T. Cctterell, Crawford Jones aad Wallace Jones, accompanied by two young ladies, registered at tbe Farmer Central Ho tel yesterday morning.

Mr. Cotterell stated tnat tne i sales aid not like io give tnsir names, as tbey bad eloped front bpsscsr county with tne other two reunif men. wno were brothers, and were oa Ueir way ta Jeffersonville, where tbey ware to bo mar ried, iney teit ueiore dinner. Mr. Charles Petty and Mies Jennie Jacob, both of this city, were married yesterday SHwaaM-afi wj a-e-iaas atvvsai.

Moerr eompiexioB ps waars kavs a valg-er giare, rat roaaoea IBS- rwe sslsailDsr. VsMSW A SPOILED SEHSATIOtl. New Haven Lady Laying: Claim to a Young: Kentucky Gentleman. Ho Says That He Knows Her, But is Not Her Husband. BOTH SIDES OF THE CASE.

ITaw Tobk, Oct. 88. A special frose New Haven, says a strange containing toany elements ef uncertainty, that of the recently -reported elopement of Miss Mamie Donnelly witb VV. A. McDowell, of the Yale class of 18S4.

Miss Mamie is a handsome brunette of twenty -three, and was employed as cashier ia a photographic gallery here. McDowell is a distant relative of Henry Clay, aud a nephew of Maj. Gen. McDowell. The rumor created niucatailt ia college, and some ot tbe students tele graphed to Louisville to have the ranior confirmed or denied.

McDowell at once telegraphed aa abeoluta denial to certain Few Haven papers aad asked tbetn to publish it. Soon after a young man, calling himself J. A. Atherton. of St.

Louis, visited a local editorial-room, and acting professedly aa friend of McDowell, asked that tbe rumor of the marriage be denied. At first be professed a willingness to deny tbe marriage over his own signature, aad then be came again aud wanted uolhu-g said about lbe matter. Misa Donnelly's relatives Insisted that she bad leen inanied McDowell, and that they bad seen the marriage certificate. Yes tenia a alary was pubiiaued in a Hartford paper to the eilect that aa unuamed "female friend" ef Mm Ieanel.y bad told a reporter that Mite Donnelly and McDowell were not married. Sue said that McDowell went to St.

Lanis, wbere he is now in bu-iuees, and that Mies Donuelly viaited bun and demand- en tbat be should marry ber. lie refused to de so, and a stormy scene followed. Sbe then returned asi. Miss Doasally bas not returned to -Vew Haven nor to Hartford. Tbe Hartford story is generally disbelieved, being regarded as tbe work of McDowell's frieuds.

Mirs Don nelly rs relatives still insist that she is mar ried to McDowell, bbe baa been always re- Cirded ii a modett and virtuous girl, aud McDoweU'a cum ran is strongly condemned here. Tbe above telegram created considerable interest among Mr. McDowell's frieuds ia this city. He is the son of Mr. Henry C.

-dcDoweil. tbe well-known breeder of flu stock, wbo married a granddaughter of Henry Clay, aud now owns and resides at Ashland, tbe Clay homestead, in tbe suburbs of Luiu.toa. W. A. McDowell, the gentleman referred to in the dispatch, is about twenty-three years cf age, and is at present conuec.ed witb tbe hardware establishment of W.

13. Delkuap Co. He bad already consulted with an attorney whea called upon, last evening, by a reporter for tb CocRiER-JuUKXAL. In respouse to an in itation to relate bis side of the case, ha banded tbe reporter the following state ment: The Assoela Press dispatch In regard to an ekSfrie marriage of myself ta a nnei ly. ol New li.v.u, is a tiksue of miKtuives or 1 aleiiood.

1 i-nuu-M it i u. In IMis not in loei. as erroneously staled, iiurinj; tue lime tnat 1 I personally acquainted a lib tue la named, taei la not a word of truth in tue siatemeiit tbat we were at any time married, nor ia t.iere auy fact to Juauf--ueu a report, 'lue d. tail of tlie dispatch rvfrned to are entirely inventions aud aiudiy devoid ot trutn. A.

JIcLoa S.L.L. "in this I deny the whole storv. aud I have uothiug further to say," reinai'ged Mr. McDoweii politely. "is it true that tbe vountr ladr followed you to Hi.

1-Ouls, woere you were employed, ana tnat you leit tuere to avoid ber! "It is not true. 1 vti in tbe hardware bouse of minuious but did uot have a poaition there thai t-uited me. and gave it up. 1 came to tbis cur with the. expecta tion ot procuriti: a putce with W.

b. liel- lue young gentleman raeationed in tbe diapalcu ai J. A. Atuerton, wno figures as tbe friend of McDowell, is Mr. feter Lea Atherton, a sn of Mr.

J. M. Atherton, the well-known distiller of tbis city. Aatlf ALII AST. FirrT-THRit books were given out'Satur- day at the free public library.

Mr. Johx Dowo bas taken tbe anacr for tbe Indianapolis Photo Copying House. Ths bail of the bremen last night was a grand success, financially aud oiherwie. Tue retail groceries of the city are orran- tzing againsi those who do not pay their grocery aims. Can-.

Thomas Dodu, of tbis city, has purchased tbe Alex. Lizot farm, near New Albany. it H. C. Fikritt bas been appointed to the i oiition of collecting agent for Mr, Csfptr reioca.

Jo il Grist, colored, an inoorriaribla juvenile thief, will be sent to the House of kef uge at iTsinotiu. Tut Fred. Meyer stave- factory is to be re moved Irom X-ade county, to Jacob Chapel Dei.hljrkood, near this city. Mr. silas Miller and Councilman Geo.

Heyd yesterday made another big catch ot bass from Indian crees, near cook tuill. Tue marriage of Mr. Amadee Sonrdrr and Miss ilounty will occur at Holy Trinity CsUiolic cburcn tbis morniug at o'clock. Josxpu MklZ. an employe at tne Plnte- arlasa Worka.

a aa eaurat io tne coirs of a smoothing; machine yesterday aad bis iett leg was terribly crushed. Jos.ph Hook was fined, in the City Court yesterday, $8.50 for ruunig an Air line locomotive tSrouc the city at a speed faster taaa four rau.ee an Hour. The teachers of Franklin township hsTe organised aa institute, with M. 31. Smith as President and Miss Kuima A.

Kily as Secretary, lis meetings are beki oa tbo fourta baturday of each month. William Neiss. who cama to this city from Louisville, was, yesterday, in the City Court, fined pi. jO for loitering on tne streets without a viaicle means of suoport. and went to jail lo dclauau payment.

Thi ladies of esley Chapel choir are ar ranging for a nae oyster supper at the church parlors, to be given Friday night. The Infant class of tbe Sunday-school give aa entertain tuent in connection witb tue supper. A M'MBKiiof the members of tbe Con ductor1 AsstHation attended the meeting of Ajoany commtmaery a. i. la 51 nlht, aad were hospitably entertained by their New Albany brethren in tbe festal hail of tbe temple.

Dolph ok 13 and Cbaries and Arthur Gilchrist were arrested yesterday by Special ofUcer Jam e-bea. for jumpinc upon the cars of tbe il. and 1. railroad while the train was in motion. Taey will answer before Jt-equire iluckeby.

Two thieves went through Mrs. Hart- mua boar jli.g-bouse early yesterday moraine. stealing two overcoats aud a Silver watcn irum Aik-narl osieiio. and a fine silver waoih from Uuy Hook-. It is thought tbe thieves went to Louisville altb their plunder.

FaTAXi'TS were sucreasfnlly cultivated tbis year on the farm or J. M. Stnelser, in Clark coun ty, two miles eait of this city. He hsd samples iu the city yesterday, shon ioe from three hun dred to tliree bu dre-i and tarnty-nve perfectly iwnueu auu wen iuic i i va to toe single Vine. Joe DaTIS, colored, from Kentucky, was loaroo in jnu rwwraay I or numerous tnerta.

Among bis laicrncies were bait a dozen shov -la. a mouaey-wrent-ii, gum overcoat, a maul, half a dosea chickens. Poi.ee ma a Hauihev 'a pi(, aad maay otaer article, tae acanowieuges bis taef ta. OrnccE Thi-mas Casno.i, ynterday. brought two more suits ia 'Squire Hackeby's Court, aaraiaat tae "Aeiepboae company-, for overcharges lor iuserv ica that Is, cuargiug )S for what the Indiana law says they shall charge w'rv Aanrmasea an cases trmcer Canaoa aaa mea agaiast tae company.

5 A WEB J. EsOUns, 8eeretary and Col- leeser of tbo Oaa Ouaaaar. ai sfisa las aa 'Waish, tke popular aa-aswoaisa at JveJLraft'a lag at the parlors ot the Holy Trinity Catholio parsoaaga by father Kelly, pariah priest, ine ceremony as ivte aud tne wadding quite a surprise to their friends. They have gone to bowling ureen. oa a wedding trip.

AT the Ministers' and Laymen's meeting. yesterday. Rev. hamuvl Hart read an essay on tbe "sovereignty of Uod. In wblcU be took strong Calviuistio grounds.

The Methodist and other breturea discussed the essay vigorously. though pieasautiy. opposing Arminianism to Calvenism. But one good Methodist pastor was ot opinion tnat tnere is more caivim-m in tue atetnouiat tuaa ta too rreaoytcriaa ennrcn. FzbsOnals.

Marriage license bas been issued James 0. English and Mary M. Mr. Kobert EUiott. of Aashville, is in the city George C.

Turner and Bertha Borkeuueim have received marriage Jllss riattie Terry, of Lafayette to aship, is the guest of Miaa Auoa Ferry Ktnmett liurk. red. bteinnauer and John StaCtord are nsbing in ludian creek. tin u. bran is home frum hi.

Louis Mrs.wui- iarea. of New York, wao bas been tbe guest of Mrs. dames m. bnuaurraas. returned aome sun- Mrs.

KliXA bruito, who lias beeu vuuiing Mrs. Daatel oite. this-city, returned to bt. Ixiuislasi William Aiifler and alb-s Hau- nah McKinnsy wiU be iintrned ibis evening, Kev. k.

U. Laaley ofneiating. cociciL mmis. Tbi Council met lo special session last night present the Mayor and all the Councll- Ka. 1 ne Aiajror stated tne object of the meet- liig was to be to rstabiied ti grades of ieey and Juaiket street a A lengthy discuiuiou fol lowed, wuica was participated in by iln-n.

fean. eurader. vwuoua aud Kocb. Mr. 1'enu flrrd a taoiion ibt the Kentucky and Indiana linage Comiiauy.

Committee on bireeta and Abeya. City iniruieer. City Attorney, anil Dron- ei u-iioldt-rs inveatiga the whole matter aud re port at the next meeting of tbe council. Lost by a vote of 3 e-ia. nays.

0. The Council tneu took a recess to examine tbo profile aud grades made oy the present and former engiaeers. The lindge Company was roprearuted by their attorneys. a motion to reconsider the vote on air. Penn'e motion was carried and 'lie original motion fiiuUiy adopted.

A resolution to aaunt the xrade of Avast Oak. from silver lo Vinoennea street, as made by ex-Lczmeer Suiiiu. as offered bv Mr. Tenu and refeired lo tbe Commiltee ou bireeta auu AUeya. Alter tne traaaaciion of some further uuimportaut business the Council adjourned.

fjirMaoxrtLM.Jt. Tbi City Council to-night in regular session. MB. FrtAXK DlXSLIB, was in tbe city yesterday. Tbk art entertainment last evening was a success.

of Indianapolis, at Mozart Hall Geokus DaVis died Bunday night at the bouM of lii mother, on Missouri avenue, after a ioug bibess. lx the City Court yesterday morning nine cases for drunkenness were called, aud each of uie oneudera uued alLoU, The Circuit Court convened yesterday is. regular sossion. be vera! liquor cases were tried ana uispoaed 01. This conaUtuied the day a bus iueas.

Wx. Jones and Miss Jennie AUeo, from Spencer county. were married at Dr. iViling's drug store yesterday, 'squire Keigwia omctaimf. '1 hit County Surveyor yesterday laid out tne proposed new para in the town of 1'ort Ful ton.

vor wtd be coznii.enced upon it im- ined lately. This is tbe last week during which tbe sec ond installment of county taxes may be paid, AU tax uuraid after the ot ovmber ul be termed uelinqueut. 2 Wj. was received ia this city yesterday that iliiam Denny, a former ciUsen, wae acci- dentally killed ahde working iu a nw-mill Ataruud-ie. Atoaiana.

Charucs Ward, who runs a colored bar ber shop on Spring street, was arrested last evening by the police, charged aitb being urunk. lie will oe tried this muroiiu. THE Society of the Third Con gressional district will hold a meetiog tbis morn-ins at IO o'clock at toe ball of tbe urand Army ol ti.e Kepuunc An interesting programme bas been arranged. A littcs. dauirbter of Mr.

George Carroll living- near tbo prison, accidentally put ber fiu- between ue coa's 01 a ciotiies wringer yes terday and one Enger was crusued in suca a manner as t- neeeeitate amputation. Dr. bid alcciure performed lue opt ration Sun time ago Harrison Hogan, a prominent farmer livinar near liethlehem. was placed in im cuuhij 1-, 1 igr nun-iwmm 01 a 11 11 lie swore t.e would lay In jail umi. be died before be would pay it.

rsterdty he paid the remainder of bu hue and aaa released trom cuatody. ia quite wealthy. In the City Court yesterday morning, the examining trial of Juseph Coyne, for shooting aud uumliac Willi iiitcnmaa aud too livi was held. Coyne va held iu ibe sum of Si. 000 for bis appearance iu the next teim of the Circuit Court, Joha Krauss was held in tue sum of Jl.Ooo for 11 is appearauce in tne ity court next jsobitar.

Itiujlauian, the wounued man. waa resunic comparatively easy las. evebuur. Alls lOtiJition lt t. ill crit-cal, and tne chances for and afca.iibl bis letovtry are aoout even.

XAJLi U.V, Ppecial to the Courier-Journal Oct. 20. Mr. E. Nolan, of the Citizen, of Cnica- fro.

tbe representative Irish paper of America, is in toe cm. There were an unusual number of drunk en men on I t.e streets notwithstand ing local tption was in lull lorce. Mr. A. F.

BcrOHrr bas been called UDon by a number of citizens to make the race for Magistrate in tne ln.iaana rourta warJs. Mrs. H. k. Milwaiid left to-dar for rew lurt ana tne ru-t.

wnere sne-wiu bDniid aeverai areas vituiiua, relatives anu traeuus. Mr. Cckl, tbe arrbitact in charge, (tars it will require at least Jl'i, 000 more to complete ine ntw uuiiuoB to iu. aaaiera Aesiucav Luaa- tic Asylum. Mr.

Robert VT. Stom left te-dav on a busiuess trip for Kansas City an-i other portions of tue far vt e-t. lie wiU be absent lroui heme for several wt ekv. na. w.

fi. itka a si, wno nas been con nnea to nis room ior seve-si weeks past wiib a broken arm, has su.11cienily recovered to be out on tbe street to-day. Mr, I bos. D. Chemili, a wealthy joun; farmer ot tuts count left witb bis family SatnrJay for Jacksonville, lll at which scene a ill make his future home.

Mr. G-ORne W. Bai.v, tbe great tempe rance orator, nas purctiascd tne Allen botnejtead, on tne Moh iasviiie pike, and will snort ly remove his family to this city. Mr. JoH.t J.

Welch, for a lonj titna Janitor of the Court-house here, wbo died Fri- was burled yeterd-iy afternoon. 1 Ue funeral cortege was a very long ae. CaPT. D. 3.

SaLLKE announces himself candidate for Maaristrata in the Seventh aimini.L composed of tbe irst und e-econd wards, subject 10 uie action ot tne uem jcrauc p-ny. Tne neirro, Joanson. arrested for stealing chickens a lew days ago, was acquitted f-aiur- day in the Recorder's Court, on account of lack of evidence, and discharged from custody. Tbe managers of tbe Covington Wire Picket Fence Company arrived here today, to consult wita their agents in regard to tue advisability of removing taeir extensive works to tbis city. ROGER.

Jobxson, of color, was tried in the KeeoreVr's Court Haturday evening; for arranu larceny, auH a-aa bound over to tue November term of the Circuit court under a bJbO. Mr. James Hatses, a wealthy farmer. living near Greend ale, this county, reports that be fathered lst week ten bushels of hemp seed from one acre of froaad, aod aold tne awme at Ji per Dusiiel, Rev. J.

A. French delivered two interest- imr dtsconraes yesterday morning- and night at tue first Baptist church. The pastor of this congregation. lr. Hideo, is at hokling a rvniai tusniaK at siraujiuie.

Mr. Chas. IUadlet id still very ill at the home of his sister, Mrs. Nut berry. In the country.

The severe surgical operation r-eentlv per formed on him resulted in comparatively iilUe good, as ne is now in a precarious condition. col. J. oii.ru announces nimself a candidate for re-election to the office ot Coroner of (ayette county. CoL Dei pU bas been elected to tine important position several times.

As a prompt aud ellicieui otUcor he bts beeu a decided SUCCtti. Tue alarm of fire turned in from Box S3, Saturday evening, was caused by a small Maze in the building ou tbe vomer ot Broad say aud Second street, occupied by tbe drug store of Mr. J. 8. Wiison.

Tbe damage done was trilling, and is tuny covered ay insuraoce. 15 Preston's woods, near this city to-day, while bunting. George Henley, a colored boy. about nineteen years old. accidently shot and instauciy kiile a companion by tbe name of Kobeit Clay.

The victim of tbe Sad accident was a lad only sixteen years. MARKkTAf aKTgit JUH.V S. WILLIS re ceived a telegram from Athens, yesterday. that nts son-la-law. Air.

AL II. aiauou. a jrent.e-tii an weil kuown In this ciiy, waa dead. Air. Willis lert format place this morning to bring toe reiuait.1 to Lexingtou tor dutiri.

A Large crowd attended the annnal meet ing of the Lexington Bible bociely, at tne Hill-street Methodist cnurch last otiht. aud Ine exer cises were enjoyed by all. Kider Matthews aad toon. J. H.

mo del.v red addressee, aad several otners maae appropriate Fa rvc us report that the small grain sown before tbe recent rains haa come up weU, and matto rspia growth, which insures the crop srainst tae severe weather ot the winter mouths. Tbey alo port the acreaare in wheat aad barley in Ciiia section tbis aaaioa about tbe geaiavai av- erage. Mrs. Jobs Carroll, a lady living in the county, had a narrow escape from being daeger-ously Injured balorday on Upper street. In allcDtine frwsa a baccy her 4ree esutgat on af isa SawlaaaJ wi-aufcuaaad bea-so tae arrei Tne unusual occurrence s-art 1 tee bora, ol1 fortunately got a hold of blm.

and tbe lady was rescued without having received anything more serious tuaa a tew augnt bruises. Mrs. Cicero Colkmak. who was thrown from a buztrv last Thursdar. waa much more badly injured than was at first supposed, and ia now reponea to oe lying at ner residence, bear ChUesburg.

in a dangerous condition, the physicians attending on her believing her wt-oAds are of a fatal nature. Hox. J. F. JoRXSoir, who ia now in Col orado, writes tbat he will be borne in a few days.

ne also says the inbabiuinte or tbat country have been enjoy iusr from 6 to 111 inches of snow for some time past. Mr. Johnson, in connection wiui several other citizens of Lexineton. is lartre- ly interested in several mines iu tnat State. Me W.

H. Dawsox, of Paris, was in the eily to-day. This gentleman was amoug the injured in tbe late wre-k on tbe K. mil road near tbis city, and has lost. tbe use of one of bis hands, which was badly scalded at that time, lie informed a friend that be Would shortly bring Suit fur 10, OOO damages agaiuet tbe company.

Mr Sam Clat. a well-known yonng Lexington gentleman, who hivi his leg broken by hU horse faiiimr. while ridiuz tlirouzn tne mountains in Eastern Kentucky aud has been lyinar at pinevill. for a week pat.t in a damcarous baa, it hi reported, sun-ciently recoe- ered 10 permit his removal 10 this city in a few day a. Ths Lexington Branch of tbe Irish Na tional League met at St.

Paul 'a school-bouse last evening for the purpose of raising funds to assist tne cause in Ireland. Tbo priuciiial address the occasion waa delivered by Hon. Michael J. I.yan, of Philadelphia, who was listeued to tnroiiguout wita Interest Oy tne large crowu pretienL At the conclusion ot tne meet subscription papers were circulated among the audience, and quite a handsome sum for tbe beoettt toe cause was bv tola meaae raised. A similar nieetiag will be held nest bunday night.

Tne destruction of the beautiful trees around the aew court -boue, many of which for ytvrs have wiihstood the storms of nature. bas caused a murmur of disapproval from a majority of Lexioarton's citizens, and ia strongly conuemoed by tho-e old landmarks who consider the removal of tnese time-honored relics a desecration to tne memory of tnose sssa famous in auuais of acuiuckr. wno irum under tne branches of timse trees have me ie some ot their grandest efforts in tlie bearing of a people who mane tneiia what tiiey were. X1.0 tea-nnooa posts that bare taken me piece of the maple and the elm may be commercial advancement, but the average Lexinartonian would prefer not to have the arrouuds of tbeir temple of lustioa warred aiu tnese rude poles. Ths CommiHsloners of the Eastern ICan- tucky Luuauc Asylum mrt again to-night in ret ereuce to tue cliargea agaiust Dr.

Chenault. The oaieuse pretiated certain depositions, out na urtaer wituesaes were examined and tbe evi dence was declared closed, la reference to that K.rl of the evidei.ee of tbe first witness. Fanny ttle. which the reporter first engaged had failed to Uke correctly, the board decided to take tne report of the traur-ciipt got bv reporters from tbe a itnesa oft- bad left tbe KxamininaT -rd. and nxed i- up wherever oorrectiot.s were nectseary.

iht-s Little was sent for that she soignt nave it read to her. but drc ined to coma, and tue report so taken and corrected wsvs adopted as part of tbe olfiotal i epor t. udge Lenny, counsel for Dr. Cneoault, presented a brief in the case and asked for a dee-iston. In order to accommodate tbe commissioners who rave not beard aU tne evidence, the board ad journed to permit the return of the whole evi dence in abort-band, and to meet on call of the Preaideat.

Thk Democratic primtry election comes off baturday week. At a meeting of the Demo cratic ouniy Committee, S. turday, a motion was made and trrird that all candidates for county otfice a be aa-es ed 1 0 and candi- oatea ior tue oioca of matri-tiate ana consisiiie acb to pay tbe expenia of the primary eu-c lion. The iollowing om -er of ele. tton were also appointed: Product No.

1 Atnena Tac-l-tua Burgin aud Thoiuas tmbry, Judaros; Joun bnstiaii, iers, l'reauct iNo. 2, Luer hill tliltou Clusuy and J. IL liamaby. Judge-: Henry XV ilon. Cb-rk.

Pr-cinct No. 3, Lwfennel tijeo. tV. Haoley aud b. riodgerK, Judges; J) V.

Ware, Clerii. caudersviiis. No. 1 Hamilton aud u. C.

Uornatn, Judg-a: Joun Curtis tsaudoi-kvllle. No. a Willie Price and Isaac Judges; Les.ie Downs, Clerk. Prvciuct No. 5, bouih Eikhorn-A.

A. Shrope- ehlre and J. H. Pbelt. Judges; Joe Lane, clerk.

Precinct Laat Uictuan Joh-i iiunton and C. W. Uu id, Judgt-K; James I'rather, Clers. Lexington, First Ward W. H.

May and h. F. Wdaon. Judifrs; T. 1.

Murray. Clerk, becond ard G. W. Waluscott and isenP. Conueil, Judges: C.

VV'. Kirabr.ugh, Clerk. Third Ward Jonu T. Walsh and Harry Chris Ian. Judges; VV.

B. VviikeiKOu, Clrra. Fourta V.ard L- Tbrclkeld and una Judges; it. d- Uiousou, Clerk. S.

8. Parkes. of Richmond, is at the Alex ander. Mr. E.

W. Knott, Louis, is at Alex ander's. V. Hatch, of Auburn, N. is at the Standiford.

Al. M. Liandla. of Indianapolis, ia at tba Etanditord. J.

Row ell, of Leadville, CoL, is at the SUnuiiori. Frank Harris, of Stanford. is at the Etandiford. bomb irwia, of Kowland. is at the Etandiford.

David Ingle, of Oakland City. is at Alexander's. J. II. Lionbarger.

of Ashland. is at the St. Cloud. W. T.

Havens, of Mt, is at the St. Cljud. Edwin Cusbnsan. At ad I sop, ia at tba rifth- nveuua Hotel. Nathan Barnett, of Geigersville.

ia at the bL Cloud. Felix McCarthy, ef Russell villa, is at the St. Cloud. Mrs. Gov.

J. R. Hind man. Columbia, ia it tbe Alexander. Judge Thomas H.

Hanks, tawronceburr. is at the Alexander. Dr. and Mrs. S.

A- Rodgere. of Memphis. are at the btandiford. Mr. W.

C. Wberritt. Stanford, iererie- tered at the Alexander. J. 0.

Chtniliert. Wettporc. is stopping at the Fifth-avenue Hotel. Geo. Zeller, wife and child, of TJniontown.

art at the St. Cloud. S. M. Fruett.

W. Hocker. Lebanon, are at tbe Fifth-avenue Hotel. II. C.

Herndon and wife, of Hazel Green, Ky are at tbe St. Cloud. Mr. and Mrs. George E.

Turner, iuch- mocJ, are at tlie Alexander. W. H. Cox aad John Miery. of Indepen dence, ivy-.

is at uu at uoao. Rev. A. J'cUousld, HeadsriOn, iiitop- ping at ice li in-avenue tioiet, Jobn llai-er and daughter. Alias Katie, SJaysvillf, arn at the Alexander.

Capt. W. D. Crsmraond and wife, Hawes-vUle, are ctuesta at the Alexander. M.

Preston aud J. P. Blireas, of Peach Orchard, are at tbo St. Cloud. A.

B. Held, London; as. Cooper, Pa- latki, aie at tue iittn-aveuue noieu Mr. W. F.

Harrison and IV. E. Harrison, Albany, 2f. are at tae Alexander. Kev.

U. M. McDonald and wife, Atlanta, are stepping at the i'tfta-avenue Hotel. W. It.

OnfStk. J. C. Barker and Oaorfa owery, ot unrns are at tue at. Cloud.

Mr. T. y. Willis and wife (nee Miss Mat- tie rinchviiie, are at the Alexander. C.

Holland and wife and Miss Mat tie Holland, of r.tnlneoce. are at the Et. Cloud Col. 1 ill Cummins and wife, nee Miss Emma Mai Benson, of ISashville, have jut returned from New York, and will spend a few uays in ine c-iy tue guest ot air. ana Airs.

1, Cummlus. Third street. Miss Lizzie Dehonev. tbe aecomDllsherl roun? teacner who had cbtrge of the Feeble Minded institute display at tae Exposition, re turns to-aay to ner position in rauaiort. J.

Frank Grant, Petersburg; A. C. Haily. CaUettiburg; W. N.

Sullivaa, Lonisa; 'Ihomas A. l'avls. Jacob c. MiU-r. lieiser.

i. H. Ctx, MaysvUie; Waiter Lason. JLawcaster; J. W.

Cait-r. J. II. Br.dah Pans; a. Attersau.

iricnester: jonn I cnenailiu George L. turner, nfcamonu; J. K. Williams. Fiaokfort; K.

(i. Lliiott, u. w. WtinstOit, W. T.

Huuleigh. Ait-x. Gibbons, Lexington; K. IL Daveuport Alidway; K. al.

Aaderaon. Hopins- vdle: X. U. Waller. Trenton: J.

Laniel-t. l'aris; A. Morrow, Hut- hlin delegates to the and Lodge of Odd Fetlows, are guests at tae Alexander. afexasdVr'a E. W.

Knott, 8t. Louis; J. T. Wilson, baltimore; A. Al.

Larnes, Akron, 0.: P. R. bkirvin. NasuviUe: T. I.

Lucketc larksville. H. Kerr. Keadinir. J.

8. Hyde. n. iioney. mugway, was.

rarsoos, L. J. Moutigny. Ci.lcago; Grant a. Lowry.

St. L. ami C. -iiwsv: Franki C. Smith.

Colum. bu-s O. Dau ow, coluuibut, Ind. Land Ingle, Ufegiana Lity. dona jiomson, Chicago; J.

aaead. Toledo. O. A. B.

Robertson. T. SJ Mumb. asbville; VV. crabb.

Uniontown; lan irooks -nuiurn o. crume, noim; J. M. Brents. 0 asiow; J.

B. Pike, iiooleTvilie: J. heed, hichmoud; Cbas. L. Cecil.

St. Jaarv'a: K. M. Howe, Paducab; L. L.

Castlen, Owensooro. Via-mx-John Lreedin? and son, Boonevllle O. Mitchell, fcb luTville; C. W. Patter-on' v.

wrwv vvuiiij: nia, Koberts, cetuoniia; W. K. V. aUer, G. C.

Gar- uion. lu. G. rergus in. Rocky niir; Daa Crow Coiuona, lud cot Dave lole.

Oaaland City Khraas, New Albany; A. P. rjamue.a. pamueis a pvt, tv o. n-uowios, Mrs.

Alien, lira tails, waa arevie, ou.i.u urura; Ij. btti Ivan Mu klterlinf W. B. Aaualoe, ait, CarawL lu. Aari-ns, cvansviue-; K.

il. chun-II. afi.arae.ia'iii.. I aj. a.

ttraasnaw, Henden; J. RUwia. Owe.sboro; w. funrsn. r.

U. carvaie, Moneary: ft, u. mi ills. Jan. it.

Jeaa Oobbara, H. J. Wllua miaaUfiT A SI. OA Amee herioee, a. esodv.

hiMtts l.elv,n. a i -v aa a- i HBia WeekrenJ rcDttracatnotmii-u ry r.er su ioii in i t.e 1 'rr. A Kev Klag en tbe Throec! "MaUria," as a popular ailnseat," given plaoe to a new poteutate. it yon nave nneiunatism now. ine meaiesu wiseacres exolaim "Urie Add!" If yod have frequent headaches, tbey sagely remark "Uric Acid!" If yon have softening of tba brain, they Insist that it Is "Uric Acid!" If Sciatica or Neuralgia make life miserable, it "Uric Acid:" If your skin breaks out in Boils aad Pimples, it as "Uno Acid'." If you have Abscesses and piles, "Urie Acid" bas est your blood on tire.

If you have dull, languid feelings, back-ache, kidney or bladder troubles, gout, gravel, poor blood: are ill at eaae, threatened -x witn paralysis or apoplexy, vertigo; era bilious, dropsical, constipated or dyspeptic Urie Acid' is tbe key to tbe situatioa, the causa of all your difficulties! We do not know as Madam HalaritTViU take kindly to this Masculine Usurper, bat be has evidently come lo stay. "Urio Acid" this Monster is the product of the decomposition death constantly talcing place witnin as, and ufAlees ba is every day routed from the system, through the kidneys, by means of soma great blood specific like Warner's safe care, which Senator B. Bruce says snatched him from its grasp, there is not the least doubt but that it will utterly ruin tba strongest banxaa cotv-stitution, lt is not a young fellow by any means. It has a long aud well-known line of anoestora. lt is undoubtedly tbe father ot a very great family of diseases, and though it may be the fashion to ascribe progeny to it tbat are not directly iu own, there can be little doubt that if it once ecu thoroughly seated in the human system, it really dues in trod nee into it most of tba ailments par force of fashion, attributed to its baleful influence.

VOriMBIQlf. ISpecial to tbe Courier-Journal Oct. 26.1 Goa Utz, tbe well-known transfer driver! was to-day killed la Cincinnati. Tbe Telephone Company is eon tern plating an extension of its lines to Central Covington. CaPT.

H. M. BaKIR. of Russell street, has returned from a leans nt visit to relatives in a-kota. A marriage license waa issued yesterday to Joseph Duggaa aad Miss Maggie Cornelius, of this place.

Misses Clara axd Ldct Tatlob, of Winchester. Clark county, are tne guests of tbo family of Judge Chaa. lvgiuiou. Jcdge PgRKixs and Commonwealth Attorney CTeary left yesterday morning for Brook-ville, where tbey open a term of the Criminal Court. Cbascist Court was ia eesiion to dev.

Judgment was given awarding K. li. Cross a dl- vorce from Alary cross, on tue ground of doument and aeglect ot duties. H. Etiersole ran covered judgment against L.

J. Clu-es fui In the case of reiuerg A Worxum against liedge, Lewis A judgment aaa given Mr. Anderson on cross petition ior $6o0. A young fellow named bcheller was arrested to-day by Officers Bolan and Dua under rather suspicions circums a He arrived shortly at ter a o'clock at luca Cook's table, on Scott eireet, witb a fine bay mare, which be offered to a-ll for $5u, aud the esud.o on her for fifty cents. Ine horse being worth at leasi double tbat amount, Mr.

Cook bad the man tunud over to the dice, believing that be waa a ceuoc He told Clef isoodaua that ne bad coma from Owenton; that be lived tnere.aad bad a number of animals that he was trying to Sell. Ue was questioned closely, aud giving eatisfactory anawers aaa finally let go. Ala ia supposed to ba somewhat cracked. H. C.

L1.MJ0T to-day filed suit in the Circuit Court against Noonau, Hart A Co. for which be aUewes is due bun on contract with nrm. He stated that ta he Signed a contract with Air. was sole pro- liiinm, uj im o-sjawo HipermiaiiaaDl ot tue factory on '1 turd street at a salary of a year and 10 per cent, ot all proflts. The contract waa in aritiug.

and was to ttaod for tbree rearm. Wan Air. Hart entered cim. firm, tue firm asked for tbe document, ailegiog that it was w.nted merely for the sujnatures of the new membiira, but it was never returned to plaintiff, tnouaru asked for. Ha ailaeee ma.

af being with the firm for two years and seven monuis, ne gave up nis piece at tae nrm re- qiieat; tnat its during the time be vat witn it were ju.uoo, nut mat tae payment eg the due mm has been refused. -S-K srusr. Special to the Couner-Journal-Oct. Master Gca Aktsmaw nd wife nave aoaa to Little Kock. oa a visit.

Mart J. Allex qualified to-day aa nd. ministratrix of the estaU of John alliama. da- Cuased. Mr- Giottos Wiinraan las one of kits fine draueht borse-.

wnicn broke Its neck bv jumping over a fence. Stxefes Clark, contractors for the limestone work on tbe new Newport and Cov ington bridge. wiU bag-la work this week. ohm R. Hdobis' txeestrix Giod suit in.

the chancery Court yesterday against Jonn Hughes' heirs for a aettieuent of bis estate. Miss Clara arable, af tbe old Ben Jousoa Dramatie Club of this city, is with the r.mtua AUDoU Upera troupe, now playing in Cincinnati. Th a new pott-office building; was thrown open to-day for insiction and presented a handsome Tne removal into it will taka place next baturday bight. Mr. Joseph Boyd and bride, nee Have, married in Denver.

CoL. last Tuesday, are la tbe city visiting bis parents. Tbey leave shortly for Madison, Ueir luture home. Dltcty Sheriff Jole Pltjmker and Officer Corns to-day conveyed Pi timta Nichols to tne Insane Aav lum at AucsrsHra. Atrs.

ra ma alnoupf was taken at the sa lime. Carolixb Hices to-KiaysTansferred to Utrs. M. Al ten bury parts of lots 6-17, aod tnSy the benua Visia add i lion to on the northwest Corner of Ann and Wiiiiasuoa atreeta, UO by Ik. feet, for Sl-oOU.

Tut re was a large attendance at the Union temperance meeting at the York street Bap. list church ta-uiarht. Kev. J. H- Alerednn.

locs- urer and ericaniier ror tie dona or les drlif eici a very rig addrrss. Tag entertainment givan by the ladies ef the il. Canren in Bcllview at taZ'Baike t'pers- liouse to-night, waa a grand success. The attendance was large, and the amount realised will add greatly to the depleted exchequer. IX the Circuit Court to-day, in tbe daxo-age suit of James Doris against Swift's Iron and bteel Works tor SlO.OoO.

tne eaae was tin ail by acrceiiiaat, tbo deteudant lo pay tbe coats. Rwiil he rememot-reJ thst Doyle recovered a judgment for Si. 000 in the above case last Feb- ruanr- Lizzix Toll, the would-be child kOler, was arraigned before Mayor Wright to-day. Hie bonor ber over to the January term of tae Criminal court in tne sum of aouO. ie default af which she wss-nt to jail.

The child bu been taken in by the Sisters of the Poor of St. iraacis, in Covington, wbo bad is Christ aaa a last DAturday. LAIarary aad OebaUac tseeaety. It is a singular fact tbat there are so few literary organizations among the young mea of Louisville. Soma six or eight yeang prem -tlemen are at present engaged in tbo laudable endeavor to establish a literary and debating society.

Tbe discussions are Intended ta relate more especially to lave topics. A eousmodious apartment will ba rented ia some centrally located building, where tbe society will meet once a week. The young men promoting tbe affair desire to bear from others similarly inclined. All inquiries should be addressed to "Debate," this office. Diet Without Mrslesl AtteafJen.

Coroner Miller will hold aa inquest to-day en the remains ot Mrs. Mary Miller, 84 years old, living on Grayson and Twenty-eighth streets, who died of unknown canes yesterday evening. Chris Miller, tbe City Undertaker, states that tbe lady bas been sick for several months past, and bat" been without the services of a physician during" the whola period of ber illness. SPECIAL (TRACT! 0 ST PERFECT MAD Ptrrv-tt and axrontrest Katnral Flavwra. Vanilla, liemoo.

Orange. Almfmd, Knae. nto-t flavor as delicately and naturally aa the fruit. PRlCS EAKina powdu ca sett-Ac EXTRACTS nasi FXAlSt 1 TRUE kT.