The Courier-Journal from Louisville, Kentucky • Page 8

A CO-RESPONDENT Charles Rjle Sues For Divorce From His Wife. SEQUEL TO A SCANDAL Elopement of George Holmes Witb a Lexington School Girl. SOUTHERN INDIANA NEWS. An a sequel to the domestic scandal Involving 11. H.

Williams, the insurance agent of Jefferson ville, who was assaulted on the street in that city by Charts O. Kyle, a ship cepenter. who found him walking -with Mrs. Ryle, a divorce cjtse was filed in the Clark Circuit Court yesterday afternoon. The title of the-' action Is Charles O.

Kyle vs. Martha A. Kyle. It la set forth that they were married August 1874. and separated on the fth of the present month.

H. H. William!" is named aa corespondent, and the charge is made that he has been intimate with Mr. Kyle. The custody of the following children is a.ked for: Irvin Kyle, aged nineteen years; Kugcne Kyle, aged sixteen years; Clarence Ryle.

aged nine years; Kmest Kyle, aged eight years. The Hon. M. Z. Slannard is the plain tiff attorney.

At the meeting of the New Albany Common Council last evening all the members were present, with Mayor Armstrong presiding. The matter of the terms of Messrs. Heath and Hammersmith, members from the Seventh ward, as to which shall hold the long and which the short term, was referred to the Committee on Klections. They were elected at the same time and the term of one expires next May and the other two years later. They have settled the matter between themselves and have referred the settlement to the committee.

The matter of electing an Inspector of Cattle to be used in the markets of the city for beef, was referred to the Committee on Public Health, the Mayor and City Attorney. City Clerk McOulloch reported the total valuation of the city property at 10,195.060. and the total tax for the current year An ordinance providing hat hereafter ail persons employed on city improvements shall receive not less than $1.25 per day for their work, and that the preference shall te given residents of the city, was adopted by a- vote of ayes and i nays. A resolution for reconstructing Kast Oak street from Thirteenth to Silver street was adopred. The matter reconstructing the alley between State and West Hirsc, north of Market, was referred Two of the Committee on Kire Department reported adversely to certain improvements to he fire alarm system.

A minority report favoring the improvement was submitted and adopted. This gje rise to a brief, but rather angry argument, and it was charged that certain members had placed themselves la a position thait they might be charged with bribery. Messrs. Doherty and opposed the adoption of the report with great vigor and ability, but were downed by a vote of 10 ayes to 4 n.tys. Tne Committee on Elections reported that W.

Ft. Heath is to hold the long term as Councilman from the Seventh ward, ami Louis Hammersmith the short term, lots having been drawn according to the law. The report was approved ami ordered on file and the Council arjourncd. Judge fHbemn. in JefTersonville yesterday, a.pproved the bonds filed by the Fidelity Safety Vault and Trust Company and the President.

John D. Taggart, who will administer on the estate of Henry Peter, whose wealth, Is estimated at more than half-million dollars. The company's bond was $300,000. and that -f President Taggart wu the same amount. The sureties were Dr.

L. c. Trfegart. President of the First National lnrk; John C. Zulauf.

Vice President of the, Citizens' National Bank; Mrs. Sarah C. Ransom, of JefTersonville: Dr. O. W.

Lrf-wman. President of tbe First National Bank. Louisville. JEFFERSONVILLE. Col.

Ed Fitch is in the city from Detroit. Isaac Fausom, at his home. an aged man. is dying Vo1-. "ubbard Is In the city from Bird s-Kye.

Ind. Wm. (lvln died of dropsy at Utica. aged aixty-nv- Ymtrs. -Jacob i Meredith and Lida Reese were granted license yesterday to marry.

A well on the premises of Police Com-mlssioner Frank is dry for the tlrst time in titty years. Klder Hartsfleld began a series of revival services at the Maple-street Christian church last evening. Cly. Couno" wl meet to-morrow nicht. and in accordance with the rules the wiwIul will begin at 7:) o'clock.

-Charles Marshall and his mother are seriously ill of typhoid fever at Charlen-. Nr. Man-hails brother recently died of the disease. Noln- of contractor Mike Nolan, of Port Fulton, was married 1 ln.rs.lay last to Miss Ada Frank, the ICev. rather Avelin 6uho officiating.

The fact tecame known yesterday. -The death of Mrs. Adam Faust occurred yesterday morning at Sellersburg The end came unexpectedly. Saturday evening she was seised with a congestive hill, and never rallied. Her age was thirty-live years.

A family survives. -To-day Jewett A Jewett. attorneys for. 1 tton Holtow-sare Company, will tile an answer in the Circuit Court to the demand of Attorney General Ketch-uni. on behalf of the State, for the recovery of r.0u0 alleged to be due for con- let labor.

A horse, the property of Joe Hobba. was seised yesterday to satisfy a judgment awarded the Ohio Falls Oar Manufacturing Company. He was ejected from a house belonging to the company and in the suit for possession damage wers included In tbe award. Too poor to bury the body uf her convict husband. Mrs.

William Harnett, of Little Creek. sent word to the prison to Inter It in the penitentiary cemelery. This was done yesterday afternoon. Harnett was a counterfeiter. Ha died of heart disease in his cell.

-James Oalupe, a member of the notorious gang of counterfeiters who were arrested In' Louisville, was released from the Prison South yesterday. He served one year and took the poor convict's oath before Commissioner Harrison, at New Albany. Ualupe returned to Louisville. On the occasion of the thirty-eighth anniversary of his birth. a large number of friends tendered John Krause a surprise at his home.

237 West Front street. Mr. Krause- has for years been an attache of the firm of C. Eaken and is one of the most popular mo in the crty. When the Sheriff of Johnson county went to John Kelly's cell yesterday to bring htm to the Prison South to serve two years for robbing Jos.

Hackman's store at Laurel, he found that the prisoner had escaped by cutting his way through the wall. Outside parties supplied Kelly with tools. The World Building. Loan and Investment Association has organised a local board here, with the following officers: J- K. Taggart.

President and Attorney; C. F. Ants. Vies President; J. BottorfX.

S--i Secretary; F. R. wllley. Treasurer: John tieinger. T.

O. Davidson and J. U. gnider. Appraisers.

At 1 m. to-day the annual meeting of the Clark County Medical Association will be held atr the office of Dr. Robert Hennlr.g. Papers are to be read by Drs. Stalker and Zeurner.

A general discussion will follow. After the election of officers the Academy of Medicine will tender a banquet at Spieth's. Hattie A. King, a seamstress, living With her father. Isaiah King, at 248 Melas avenue.

Is in trouble. So is Charles Ball, of Cementvllle. She has had Magistrate KeiKWln issue a warrant, in which she charges Kail with being responsible for her condition. At present Ball is sojourning in Scott county. In the Police Court yesterday Sallle Hansbrough wu fined $4 for having provoked W.

K. Kiggs. James Stamper was fined the same amount for Indulging in a drunk. Hays Dry and Elijah Ellis Jumped on a moving Dinky train to steal a ride. Ofticer Newhouse arrested them, and both mere sent to Jail.

News of the death of the Rev. Seymour Ouernsey. at Henryville, reached the city yesterday. He had been in ill-health a long time. The pla--e of his birth was New York.

He was eighty-two years old. Brasilia Ouernsey Is a son and ex-Auditor Klam B. is a brother. His father and mother came here in 1S17. Both died within a year of each other In 1X71 and 1S72.

Louis Butler and Charles Allen were arraigned before Judge Ware yesterday for shooting Hiaknman Thomas LeClare. It was proved by Conductor Davidson. Operator Lindsay and others that Butler flred the bullet which struck LeClare. It was also proved that Allen shot. Neither of the accused went on the stand.

Bosh mere reman. led in default of to await the action of the Clark Circuit Court. As Miss F.mma IJndsay. who is a clerk in Ouys bakery, left a Dinky train at Becket street. In Clarksville.

Sunday night, to go to her home, a stranger followed her. and as she passed through the gate at her home he leaiied over the fence. She summoned her broiher-in-la John Adolpb. who rhased the impudent fellow throuah a cornfield. He was neatly dressed.

Miss Lindsay did not know him. The police officers of JefTersonville want more money for their services. When the Metropolitan Police Commissioners met yesterday afternoon Capt. Cisco communicated the fact. He now receives per month and he thinks $30 would be more in keeping miih the dut'es he has to perform.

The patrolmen want $2 per lay. The board took the matter unJ.T advisement. In view of the general efficiency of the police department it is thought an increase will be granted. Is certainly deserved. There was a sudden interruption in the trial of a case before Judge Friedly in the Circuit Court at Madison.

The members of the rivai fire eompanles. Ftelief and No. 1. have been in court for some time. Several months ago.

while racing to a tire, one lire apparatus dashed Into the other and a horse was killed. Saturday the trtal was In progress, a demand having been made for the priee of the horse. The Are bells rang and the fire laddies dashed out of the courtroom. The Judge and lawyers were left alone, and they decided to gr to the fire, which proved to be a burning chimney. A short session of the Circuit Court was held yesterday, and an adjournment was taken until Saturday The following Saturday the term will be brought to a close.

The ejectment proceeding of Hiram Mabury vs. Anna Frank was dismissed. Briefs were filed in the case of William Anthony vs. the Prudential Life Insurance Company. Val Speed, of Louisville, against whom M.

Hostetter secured a Judgment for $250 for malicious prosecution, asked for a new trial. The plaintiff made a motion for judgment on the verdict. The Hon. George H. Votgt was appointed attorney in the case of Louisa Resch vs.

F. P. Resch. wherein support is asked. A motion for a new trial was argued in the case of Henry Wright, who secured Judgment against the Louisville Cement Company for Other minor matters were disposed of.

NEW ALBANY. The Floyd Circuit Court convened yesterday for the October term. William Parker, aged seventy vears. died yesterday at the county asylum. Mr.

and Mrs. Joslah Owln and Gen. and Mrs. Packard have gone to the Atlanta Exposition. John Werle was fined $18.30 in Magistrate Richards' court yesterday for violation of the liquor law.

John raily. a quarryman. was kljled In the quarries at Saturday by the premature explosion of a blast. Mrs. Mary Blust is so scriouslv 111 at her home, at West Ninth and Main streets, that her death is expected at any time.

Mrs. Delilah Plerson. aged sixty-nine years, a resident of this city for many years, died yesterday at her home in Jacksonville. Fla. Andrew Ragle and Louis Mourtv pleaded guilty in the Circuit t'ourt yesterday to violations of the liquor law and wers fined $20 each.

A total of 2.S.T6 pupils were enrolled In the public schools of the city last week, a falling olt of twenty-one from the first week of school last year. A slight blase In the drug store of S. H. Owens. Kast Ninth and Spring streets, caused the alarm of Are from box 43 Sunday at midnight.

The loss to building and stock is lnsignitieant. The case of Charles Conner against leroy A. Canter has been venued from Clark county to the Circuit Court here. Conner claims that he had been promised by Canter a deputyship in the omee of Treasurer of Clark county and that he has been damaged in the sum of $Ko0. Anna Schlageter has filed a petition in the Floyd Circuit Court praying for a decree of divorce from Charles Schlageter.

the alleged grounds of the action being cruel treatment and habitual drunken ness, iney were married in May. 1892. i mriuuci III IU mmv year. The Indiana Contract Company, the corporation that built Slate street from the bridge over Falling Run creek to the eastern boundary of the city, has brought suits against John Weber. Mary Weber Mary Hauaman.

Chrlstien Wolfe and S. MiNeff to enforce payment of the assessments for the Improvement. Mr. and Mrs. Shelby Yenowlne last Friday at their home In Georgetown township their golden wedding anniversary.

There were present over eighty of their descendants, relatives and friends, and a sumptuous eountry dinner was served. Both were born in this county and they have lived on the same farm nearly. a half century. -John Ealey, son of Yardmaster Ealey of the B. and O.

S. who left here over two weeks ago for the Kast and who Is now on his way home, left Buffalo Sunday wX of Cleveland and Columbus. He went to Washington. S.hiir!,iard to New York- visiting Philadelphia. Baltimore and other points on the way.

by bicycle. From New York he rode to Niagara Falls and Buffalo, on tne trip he made for several days seventy miles per day. He expects to reach hers by next Monday. Kobbett His Own Father. Frank Rosetti was arrested last night by Patrolmen Burke and Wherle and charged with grand larcenv month ago R.

Rosetti. who keeps a saloon at Sixth and Green streets, reported to the police that his son. Frank Rosetti, had stolen $75 and disappeared oun Rosetti went to Indianapolis from here, and had Just returned when be was arrested. Plate PeUUIer's PreUivament. William T.

Hoar, an oKl soldier from Dayton. has been supporting himself since the O. A. It. encamivnr selling glass places.

Yeeterday while he was stopping At a. saloon on Kjt Ureen some one stole his stock in trade The matter was reported to the police' There la no clew to the guiky parties. Reutlnlsceoues of Morgan's Cam Ipaigns. "Morgan and His Men" will be the subject of Gen. John B.

Castleman address at the meeting of the Confederate Association to-night. The address will be largely composed of reminiscences and will be unusually interesting. A Victim or Appendicitis. Robert Walker, the tnoonshioer who wsas taken to the hospKal Sunday night, was operated on yesterday for appendicitis. His condition is very critical and it is thought he will no; recover.

Oospel Teat Meeting. Klder J. Callle. of the Gospel Tent, will by request speak again In Falls City Hall. Market street, between Eleventh and Twelfth, at 7:45.

Subject. "Christ and the Sabbath." THE COIJRIER-JOURXALe LOUISVILLE. TUESDAY MORNING: OCTdBER 8, 1895. BABIES II JAIL. Nine Women Moonshiners Brought To the City.

CELL SO. 6 A NURSERY. Their Cases Will Come Up In a Few Judge Taft Overrules the Scott-Riley Demurrers. MUST STAND TRIAL. The Octotxr term of the United States Circuit and District Cotirts began yesterday in the Custom-house.

Judge Taft. tn a lengthy opinion, overruled the demurrers of Albert Scott and William E. Riley to the Indictments against them for violation of the civil service laws. Besides this action, considerable routine business was disposed of. No prisoners were before the court yesterday.

To-day the grand and pent Juries will be impaneled, and to-morrow tbe regular trials of the criminal oases will begin. There are 250 criminal cases and 190 civil cases to be tried. Of these latter the greater number are damage suits against the bondsmen of mail contractors, who failed to carry out their agreement with the Oovernment. Judge Barr yesterday afiernoon heard demurrers to several petition in a number of these cases. A number of other cases were docketed for various days during the present term.

Of the 230 WATCHING THt LOCOING I rTTM ELEVATOR criminal caseis to be tried. 235 prisoners will be Indicted by the grand Jury. These men have been arrested and tried before the Commissioners of the various districts, and held over to await the action of the grand Jury. In his oplrton overruling the demurrers of Messrs. Scott and Riley.

Judge Taft stated that the section under which the indictment was returned left it ta the court to determine whether two or more offenses in the same indictment against the same person was consistent with the principles of criminal law. Judge Taft gave a number of authorities to support his position. that the expression "to be concerned in." contained in the indictment, was sufficiently specific. In conclusion Judge Taft made the following reference to the action of Judge Barr, who overruled a demurrer to a similar indictment made by Mr. Riley: "Nothing but the clearest conviction that there was an error in bis ruling will Justify me tn reaching a different conclusion in the same court where both Indictments await trial." The Scott-Riley oases will be tried during this session.

When tbe Federal Circuit Court was opened Judge Alex. Humphrey presented appropriate resolutions on the death of Judge Russell Houston. The resolutions were spread upon the records of the court. Twenty-one additional prisoners were brought to the city yesterday from Harlan county by Deputy United States Marshals. These prisoners will be tried in the United States Court for violation of tbe internal revenue laws.

Among the number were nine women, and five of these carried babies. The names of the women are Alice Roberts. Angelins Noe. Elisa Nolen. Emily Farley.

China Sizemore. Sarah Griffiths, Elizabeth Brown, Sally Scott and Sally Hensley. The women were put in cell No. with the other female prisoners. They were allowed to take their babies with them, as the Jail officials saw no other way to dispose of them.

Barbara Gilcher, one of the worst women in the Jail, played god-mother to the babies. She nursed all of them, hugging and kissing the little ones as if they were her The mother of tbe babies looked on complacently, not semlng -to care who nursed their children so long aa they were near. Barbara Gilcher is tn Jail for stealing. She is charged with grand larceny. Cell No.

has the appearance of a nursery, except that the iron bars look out of place, or the babies look out of place behind them. Among the male prisoners who arrived in rhe city yesterday to be present at his trtal was Noah Collins. He surrendered at the Jail shortly after noon, saving he had walked for three days. The man had been released on bond several months ago. OCTOBER GRAND JURY.

The following who are charged with a violation of the revenue law. were brought to this city last night by Deputy United States Marshals 3. B. Jones and James Greer: Lavlna Howell. Henry Mullen, alias Joel Ralllff.

Daniel Arams. James Swiney. Martha Jacket. H. J.

Meek and Waller Arrowood. Preston burn Henry Steward and George Hunt, Pikeviile, Ky. The Internal revenue collection yesterday were aa follows: List. beer. I29; whisky.

I19.230.C4: cigars, tobacco. special tax. Total. $27,510.42. FORTY DEGREES TOMORROW.

But To-Day It Will Be Only Moderately Cool and Very Pleasant. The storm central Sunday night over Lake Superior had moved by Monday -morning southeastward to the middle lakes, and Ir.st nigh was central off tbe New York coast, with a pressure below 29.70 Inches. A secondary storm which was central Monday morning in the lower Mississippi valley baa disappeared, while throughout the West fa fair-weather condition of considerable force and magnitude has developed since Sunday night, the greatest pressure, inches, being at Bismarck. The weather has remained fair In Western sections, while In nearly all localities to the eastward of the Mississippi river moderate to very light showers have occurred. Yesterday morning heavy rains were reported from points in Texas and Louisiana, and last night rains were quite general from Tennessee southward.

Cloudy to theratenlng weather prevails to the eastward of the Ohio valley, while in Western sections the weather was clearing. Snow was Calling at Marquette. Mich. The temperature has remained almost stationary at all points south and east of the middle Mississippi valley, while northwestward from Kansas and northeastward from Northern Missouri the temperature has fallen from ten to twenty degrees since Sunday night, the greatest fall being twenty-two degrees at Marquette. and eighteen degrees at SKETCHED AT THE CUSTOM-HOUSE.

St. Vincent. and Bismarck. N. D.

The lowest temperature last night was thirty-two degrees at St. Vincent. Minn. It will be slightly cooler to-day than it was yesterday, and it is thought that by to-morrow morning the minimum temperature will be very close to forty degrees. The conditions are favorable fr two to three days of fair weather, with pleasant temperature.

Winds will be mostly northwest. The forecast is for fair, cooler weather. The following id the record for yesterday: 7 in wtx ror moiiKtl. SO.O 7 p. tn Iept.

for Maximum "4.0 .08 Minimum. Iwpt. for dar ihamn 77 a Dept. for Liept. fur day 4- i.u lt-pc for awtaoa.

7.37 Barometer 7 a. 2U.7K1: p. au.StJ. The reports of maximum temperature and, precipitation during the past twelve hours are as follows: Stations. Pre.

sratioos. Tsms. Cieuuiatl Indianapolis t4 Chicago. baveuport 68 Marqusua. 4 New orte.

flttaburgii WaaiiuigioD Cbariou Allan ta Atom; onmry Ksw (ialvmtua Corpus christi. Palestine Vickaburg Uttls Hoc Me-mphts. Nashviue Cairo. be Louis. .01 I.

T. .01 .00 .04 .01 -U .10 .4 .4 T. (. Paul 4 St. Vitxvnt Bismarck 44 Nona 43 Omaha 68 Kansas 44 Hodcs City 04 Oklahoma.

Amariilo Abueua 74 ki Paso 70 Traoaof ram fail li A CHILD OF NATURE." What Prof. Kirby Says of Prof. Schurr, Who Has Exhibits Here. Prof. Schurr interested his audience at yesterday's matinee by stories of the wood "ants, common through the United States, and the white ants, which belong to -he tropics.

He said that Kin Solomon was a great lover of nature and made use of little insects, especially ants and spiders, to teach his domes ties. Prof. Schurr illustrated lrom bis chart the order and discipline and marvelous degree of intelligence of the whit ants, and stated that there is no empire in the world where so much order, system, regularity and organization are maintained as- in the mounds of these whits anta. In; the lecture to-night Prof. Schurr will give his method of collecting, preserving and mounting the different specimens represented In his collection.

Yesterday afternoon Prof. of the Female High School, was favorably Impressed with the talk of Pro. Schurr and his specimens, and proposed calling the attention of the Board of Education to the exhibit for the benefit of teachers and pupils. Prof. Kirby said of Prof, Schurr; "He is a child, of Nature." Seven True Bills the Result of the First Day's Session.

GAMESTERS INDICTED Tone Dismisses the Appeal of the Water Company. CASES SUBMITTED YESTERDAY The grand Jury for October is composed of the following, who were sworn in yesterday and appropriately instructed by Special Judge Lawson; J. W. McCarty, foreman; H. C.

Struas. 8. H. New bold. Daniel McVaw, Henry P.

Brockman. A. C. Bo wen, Chas. W.

Johnston, Douglass Barclay, Charles J. Russman. Theophiius Conrad, E. C. Over street and John Shire.

The following true bills were found, after which the grand Jury adjourned ill Wednesday: Malicious Shooting Scott McElroy. Carrying Concealed a Deadly Weapon J.Ike Ftnley. Robbery Klijah James. Malicious Cutting Milton Hoke. Setting Up a Game of Ootid Steve Douglass and William Thomas.

Suffering Gaming Harry Payne. Appeal Dismissed. The first Joint seesion since the adjournment of tiie courts for vacation last July was held yesterday morning tn the courtroom of the Common Pleas dlvhson. Judge Toney was the only one of the Judges to render any decisions. He dismissed the appeal, of the Louisville Water Company from the action of the Board of equalisation In increasing tne assessment upon its property.

Judge Toney hekl that he had no Jurisdiction. When the assessment was increased by the board an appeal was taken to County Judge Richie, who sustained the board. An appeal was then taken to rhe Circuit Court. Judge Toney also passed upon demurrers in the Southern Contraot Company cases. udge Law son Juries.

The petit Juries In the criminal division are composed as follows: First Panel Herman Becker. Jacob Ambrosius, Frank Walters, Wilifcam Allen. W. D. Lee, Joseph Fotontg.

Geo. P. Bonn. Charles H. Pumphrey, A.

C. Gardner. John C. Meyer. Willam J.

Grunwald and Robert Landrum. Second Panel Julius Steinau. George Boergerhausen. P. J.

Kavanaugh. J. G. Stoerr. B.

Beyer. W. J. McCollum. H.

J. Conen. E. J. Toung.

G. A. Geroert, Ernest Beiistein. Anton Schmid and Frank Akers. The Paasalacqaa Estate.

The will of the late John Passalacqua was admitted to probate yesterday in the County Court. It is a very brief document bearing date of March 8, 1895. Five hundred dollars each Is left to the sisters of the testators, Mrs. Maria An-dona Russa and Mrs. Maria Rosa Ciar-ciarula.

To the testator's brother. Charles Passalacqua, is left the residue of the large estate. George Gutlg is named executor, no bond being required. Cruelty ChargeI. Mrs.

Belle Locke entered suit yesterday for divorce from Robert H. Locke, whom- she charges with cruelty. She alleges that be has many times knocked her down, and that she had to seek protection. They were married in Jeffersonville in 1883. The plaintiff also alleges that the defendant is a confirmed drunkard.

To Close Earlier. There is said to be on foot a movement to have the courthouse close at 4 o'clock every afternoon except Saturday, when ft is proposed to shut up at 1 o'clock. A bill will, it is said, be presented to the Legislature for authority to do so. Hugh Mac.Mickman's Will. Hugh MacMIckman's will was probated in the County Court yesterday.

He leaves 110 to John Toung and the residue of the estate to Diana Vandyke and Lizzie B. Simpson. Married la 1886. Suit for divorce was filed yesterday by Kichard Rowan against Martha A. Rowan.

Plaintiff claims abandonment. They were married in 1884. Court Paragraph. The Greenup Music Co. was sued yesterday by Joseph Bohmann on an account for 1234.

Suit for S8.00A damages was filed by Alice K. Morrison against Nora Mo- Grath. Plaintiff claims to have fallen on defendant's premises and to have broken her leg. Actions to foreclose mortgages for $950 and $583 wr filed by the Globe Building and Loan Co. against W.

G. Nelson and S. P. Steele. A motion was made yesterday to transfer to the Federal Court the case of the Covington Trust Company against the Louisville, Evansvllle and Louis Co.

The big damage suits known as Kaufman A Straus against the Louisvtlte Gas will be decided by Judge Toney next Monday. George R. Calhoun A Co. sued J. D.

Barbour and J. B. Keisker on notes for 1.300. Court Calendar For To-day. COMMON PLEAS DIVISION.

J. Riodan vs. Louisville Water Company; Bnmu Chriswell vs. Prudential Life Insurance Company; A. Davis, administratrix, vs.

Louisville Gas Company. CHAS. A. GRAHAM. Official Stenographer.

CRIMINAL DIVISION. Commonwealth of Kentucky vs. Pearl Broadua, obtaining property by false pro-tenses; same vs. Ed Brown, grand larceny; same vs. James Lee, carrying concealed deadly weapon; same vs.

Cornelius Pope, grand larceny; same vs. A. M. Bretune, assault and -battery. JOHN P.

CASSILLT. Official Reporter. LAW AND EQUITY DIVISION. Charles King vs. Pat Ban no Rho-melser vs.

Pat Bannon; Payne vs. Iou-isville Press Company; Crescent Hill vs. City of Louisville. CLARENCE E. WALKER.

Official Stenographer. City Court Docket. Malicious Cutting Mattie Campbell; dismissed. Dick Anderson; $30. Robbery Lizzie Hughes; $30 and $1.00) for a year.

Ella Flexner; dismissed. Housebreaking Virgil Whistler, Georg Mitchell; dismissed. 3 rand Larceny Mamie Scott; Thursday. Maggie Wood1: Wednesday. Receiving Stolen Property William Walker.

Kmma Miller: $lio to answer. Ben Howard: dismissed. Horse-ateallng Tom Pearson: Friday. Suspected Felon J. W.

Barnett; 3 and $To tor six months. Harvey Green; Thura-uay. teorge Reader: dismissed. Carter: tluu for three months. Money on False pretenses W.

G. Birch, Jr. Wednesday. Shooting At Albert Johnson; Wednesday. Suffering Gaming on "Pre miser Walter Hunter.

Pete MeCrutcher: Weduesday. Malicious Shooting Louis Gibson; Wednesday. Carrying Concealed and Deadly Weapons Sid Brown; Friday. Breach of Peace Win. Creason; Saturday.

Disorderly Conduct Ella Barbour: 110 and for three months. Wm. iJaf Ida Oell. Oeoriria Williams. John Jones, Qua Mordock.

John McFadden. Wm. Willis. James Jackson. Elvia McKelly.

Walter Moore. Alvtn Rhodes, N. Wade, Bettle Currv. Wm. Thomas.

Wm. Bell. Hugh Hopkins: dismissed. Joe Allen, dork Fish-back. Lindsev Lacey; Thursday.

May Williams. Mag Jones. Olive Smith. Joe Davidson: $5. Tom Kelley, Thomas Bnller, William Johnson.

Ed Taulbert. William Aoenothy; flu. Mike McDonald. Albert Hill. Geo.

May. R. Jones, Charles Jones. Pearl Wlginton. Hattie Bennett: $20.

Jas. Costs: $Lti and $T10 for six months. James Russell: Friday. Drunk and Disorderly Conduct Joe Cleaver. Frank Schweigert, Nathian Roland: $10.

Annie Anderson: $5 and $ll for thirty days. Louis Sberley. Mary Jones, Henry Walton: dismissed. John Fuller; $5. Albert Bennett.

Lee Whites: $31. Drunk Charles Thomas: Friday. Chas. Crawford; dismissed. Ed McNaily; $5.

Cases submitted Yesterday. The following cases were sent out yesterday by the Circuit Clerk to the several Judges: LAW AND EQCITY DIVISION. 4,1521 -tieorge F. Jiarth vs. Lulu M.

Barth. 4.7!7 M. J. Ford vs. Matilda C.

Hahn. Louisville Trust Company, vs. Ohio Valley, Improvement and Construction Company. 6. Si O.

Q. Hoskins vs. St. John Boyle. Cases submitted and out of ottice: 2,128, and CHANCEBT DIVISION.

W0 John Dressier, executor, vs. Charles Altmeier. etc. 4. Charles Altmeier vs.

John Colter, etc. 6.433 Herman D. Torsdadt. administrator, vs. Monroe.

John Carney vs. Mary Flanagan, etc. S.7TiO Maggie Blihler vs. Frank Blihler. Ella Khinehart vs.

George Kniiie-hart. 7. PH The Mutual Life Insurance Company of Kentucky vs. Steucker. Cases submitted and out of office: 1,942.

4.J7U. and li.l'H. COMMON PLEAS DIVISION. Sal lie M. B.

Pope vs. Jennie Nunn. 5. ZTit Hattie A. Tway vs.

Fred Young. 4.12 Second National Bank of Louisville vs. F. J. Holtheide.

S.088 H. F. Burns, by. vs. National Tobacco Works.

Robert F. Weimer vs. Louisville Public Warehouse Company. ,361 Louisville Trust Company vs. Geo.

Oatseu. 6. M3 Margaret G. Whitehead vs. Henry E.

Sentney. J. G. Gunther vs. Thomas Brad- I shaw.

G. A. Hermes vs. Thomas Brad- shuw. G.

W. Simons vs. Pat Bannon. 7.143 F. A.

Gilcher vs. D. Gilcher. 7.IPU Thomas B. Diersen vs.

The Albln Company. I i.izi James Carnco vs. J. Greenburg. 7,31 Joseph Wolkow vs.

L. Marks. Court of Appeals Decisions. New Trial. French vs.

Eversole. etc. (Not to be reported.) Filed October 2. Appeal from Perry Circuit Couru Opinion of the court by Judge Guffy. reversing.

Where a defendant who resides in a county distant from that In which suit was pending against him was unable, by reason of his sickness, to attend court, and his attorney whom he had employed for that mirDose failed to make defense I or him. in consequence of which Judgment by default was rendered against him. he was entitled to a new trial, and It was error to sustain a demurrer to his petition for a new trtal alleging these facts and showing further that he had a good defense. J. M.

Benton and Edward W. Hlnes. for appellant; Wm. H. Holt for appellees.

Fire Insurance. Queen Insurance Company of Liverpool vs. Kline Sc. Sons. (Not to be reported.) Filed October 2.

IMli. Appeal from Jefferson Circuit Court. Common Pleas Division. Opinion of the court by Judge Guffy, affirming. First Where a policy of Are insurance upon an unfinished dwellng-house stated that thirty days was given the assured to complete the building, the building having burned in an unfinished state after the expiration of more than thirty days from the date of the policy.

It was competent for the assured In an action upon the policy to show by parol testimony that the agent with -whom the contract was made had told him at the time he took the insurance that he could have all the time he wanted to complete the building, and that the limit of thirty days was a mere matter of form. And as the proof tends to show that the house at the time It was burned was being ullt as fast as it could reasonably lie owing to the extreme had weather, and that the agent, who resided near the house and knew the situation of affairs, had made no complaint as to the delay, the fact that the house was still In an unfinished state at the time of the fire affords no reason for denying the plaintiff the right to recover. Second The existence of a mortgage upon the Insured building did not render the policy void, as no question was asked by the agent as to the existence of incumbrances. Third Neither the fact that work was done on the building for fifteen days at a time, nor the tact that it remained unoccupied for more than ten days, worked a forfeiture of the Insurance, although the policy so provided, as tha agent knew when the contract was made that the house was unoccupied and had to be com- PlHumphrey Davie for appellant; P. B.

a Upton W. Muir for appellee. Terms of City Councilmen. McDennott, vs. City of Louisville.

(To be reported Filed October 2, Appeal from Jefferson Circuit Court. Opinion of the court by Judge Haselrigg. affirming. By 100 of the State Constitution the terms of members of the legislative boards of towns and cities are fixed at two and not four years, and therefore the provision of section 2788 of the Kentucky Statutes that members of the General Council of cities of the first class "shall bold their ofBos for two ysars attar the eleetion" Is not in YioiaUon of the Con- motion. Thomas F.

Hargis for appellant: Henry 8, Barker and L. N. Dembtts tor appellee. Contract of (Married Woman Mortgage Jurisdiction to Order 8als of Land. Divj vs.

Page. 4 Not to be reported.) Filed October 2. 1895. Appeal from Adatr Circuit Court. Opinion of hs court by Judge Guffy.

reversing. First Where tiusband and "wife entered into a contract for the purchase ot real eat axe and executed their notes for the purchase price, the contract being evidenced by title bond, the contract was void as to the wife by reason of her coverture; and. therefore, a mortgage executed by the husband and w.fe upon the wife's land to secure the notes was also void, being executed as psrt and parcel of the same contract. Second In this action by the vendor, seeking to enforce his alleged lien upon the land sold, as it turned out thai, he in fact had no upon that land, and that the wife was not indebted to him, the court had no Jurisdiction to enforce the mortgage hen upon her land, which was situated in another county, even it the mortgage was valid. T.

R. Winfrey and H. C. Baker for ap-pellant; J. F.

Montgomery for appellee. Jurisdiction to Enjoin Judgment- Ellzabethtown. Railroad Company vs. Robinson. Sheriff Not to be reported.) Filed October 2, 1895.

Appeal from Montgomery Circuit Court. Opinion of the court by Judge Guffy, affirming. The Montgomery Circuit Court had no Jurisdiction of this action to enjoin tbe collection of a Judgment rendered by the Mount Sterling Police Court, although a transcript had been filed In the Circuit Court and execution Issued thereon, the Superior Court having so held upon a former appeal In this case. And a reply offered by plaintiff upon the return of the easa from tbe Superior Court, setting up the fact that the Police Court was no longer In existence did not show that the circuit Court had Jurisdiction, as the city eharter vested all powers theretofore held ny tn Polios Judge In the Judge of he un ana an injunction couia nave been wAtained from that court. HrevkinrMige A Shelby for appellant; O'Rear 4k Blgstaff for appellee.

Vendor snd Vendee Warranty As to Quantity Mtuart vs. Stamper (Not to be reported.) Filed October 1895. Appeal from Letcher Circuit Court, opinion of the court, by Judge Pryor. affirming. Where the holder of a patent for 12.000 acnes of land lying In Perry an Letcher counties executed a conveyance reciting that in consideration, of $5,010 he sold and conveyed to the grantee ail that part of his patent lying in the county of Perry, specifically describing it.

with the reservation of maim small "tracts previously sold, amounting in all to b'Tj acres, "whioh amount." Che deed I lies. "Is to be deducted from the nrstnamed survey, containing 13.710 acres." it Is manifest the number of acres was given to Identify the patent, and not as a warranty that that part of the patent boundary in Perry county contained 13.0110 acres. When the original patent, embracing all the land In both Perry and Letcher counties, only contained 12,000 acres. The sale was In gross and not by the acre, and the vendee is not entitled to any relief, although the boundary conveyed contained only six thousand live hundred acres. William J.

Hendrick and T. G. Stuart for appellant; John L. Scott ac Son tor appellee. Damages for Wrongful Seizure of Property Attorney's Fees.

Worthington, vs. Morris' extr. (To be reported.) Filed October 3. AppeaJ from Jefferson Circuit Court. Law and Equity division.

Opinion of the court by Judge Haselrigg. reversing. First Actual and direct damages to one's property may be recovered by reason of its wrongful seizure and sale, but attorney's fees are not to be reckoned aa a Dart of such damages. Seconds-One who has successfully resisted an action against him seeking to subject his property to the payment of another's debt, upon the ground that he was fraudulently permitting the debtor, who. In fact, owned the property, to hold in his name for the purpose of defrauding creditors, can not recover attorney's fees as a part of his damages on aceount of the wrongful seizure of his property, which was levied upon under an attachment issued In the action.

Stone Sudduth for appellants; B. F. Buckner for appellee. OLD CITIZEN DEAD. Sanford Dearing Passes Away In Sis Eighty-Fourth.

Year. "Was a Policeman "When They Were Elected By the People. Sanford Dearing. one of the oldest citizens of Louisville, died yesterday morning at his home. 727 Kast Chestnut street.

He had ben a victim of the palsy for several years, but aside from this, enjoyed fairly good health up to about four months ago, when his old age began to tell on him. He was bom In Alexandria. eighty-four years ago and came to Louisville when he was comparatively a young man. He was first a hack driver and afterward a member of the police force, when policemen were elected by the people. Together with Trim Ryan, he watched the Chute when it was one of the most notorious resorts in the country.

He remained on the force for about thirty-five years. He was the father of C. T. Dearing. Secretary of the German National Insurance Company, and Albert Dearing.

Vice President of the Louisville Book Company. The funeral will take place this afternoon at 2:30 o'clock from the house, the interment to be in Cave Hill. Services will toe conducted by the Rev. Mr. Christian, of the East Baptist church.

of which the deceased was a member. A NEW CHURCH. The Seventh Day Baptists Will Build a House of Worship-Result of Tent Services. This city of churches is to have another house of worship, and it will be occupied by the Seventh Day Baptists. Mr.

John A. McDowell, the contractor, is leading in the movement. The meet-lng-Jhouse will be the result of the Gospel lent services, which have been oin-on for nearly ten weeks at he comer of Brook and Oak streets. They will close to-night with, ahouc 130 professions. The tent has been a popular place, it being of ten crowded with many stand-ins; outside.

Evangelist Randolph, who has conducted -the services and who will preach his farewell sermon this evening, says the Seventh Day Baptists, while holding to the observance of the seventh day of the week, as the Bible Sabbath, believe In Christian unity. "Our meetings have been mad a rallying place for Qhrlstians of all denominations. The WORKS i. s-Ttrtne- tortnrins' dlsflzurinjE. bB" mOlsting humours of the, Scalp, and Blood when all els faHsV I a waHS.

SrttUS DasaM T. Weak asar a Sssa. Ks Bsvs assess i Pis movMiirrt to continue this gospH wk In a permanent, building on Jbe ot Brook and- Oak. if rri jrL will be unrfenomdntionl and will haurs for rt -purpose he salvation of rtmn. ItiUaimtobeall the year wha ttsesw n.ivinh will return to KVaOgeiun jumumu fcis Ihome in CMW JTSE assistant, sir.

in Louisville tn the interest of the Sev-entai Day Baptist church which, nasi been formed. FUNERAL INSTEAD OF A WEDDING Miss Fannie Adams Dies SuddenlyWas To Have Been. Married To-morrow. Miss Fannie Adams, a daughter of Mrs, Mary Adams, of 2338 West Jefferson street, will probably be buried on the day tha she was to be wed. Sha had made all preparations for her coming marriage, which was to- take place to-morrow.

At o'clock yesterday morning she was dlacwvered to be In a dying condition, and in a few moments after the discovery was made she was dead. At the time stated Mrs. Adams was) aroused by hearing her- daughter groaia aloud. She sprang out of bed and rasa to her side, but she saw that she was dying, and was tJien unconscious. In a short while she -was dead.

She had passed away without regaining consciousness. When the condition of Mis Adams was discovered Drs. Ferguson and Tyler were sent for. but the girl was dead before they reached the house. The cause of the death was heart disease.

I Miss Adams was to have been mao ried to Mr. William Huxley, of this) city. When the young man received the) news of the death uf his betrothed his grief was unbounded. The dead girl was twenty-four years of age. For six years she was employed at the dry goods firm of Kaufman 4fc Straus.

She left this position only a few days ago because of irt-r coming marriage. Miss Adams' father died of heart disease few years ao. THE MILLS CHOIRS. About 170 People Present At the Second Rehearsal Last Night. The second rehearsal of the choir tor the Mills meetings was held at Warren Memorial church last night.

The lecture-room of the church was filled) withj those who wished to join the choir and those who are in sympathy with tha movement. One hundred and seventy gave their names as desiring to become members of one of the choirs. Another rehearsal will be held next Monday-night at Warren Memorial church. Thsj choir will then be divided Into three divisions, one for each of the churches) where the special services will be held. It is supposed that each choir will be composed of from Beventy-five to 1)0 voices.

On Monday night. October 21. Mr. Hillis will take charge and complete the training of the choir. Diamonds, Sterling Silverware, Jewelry.

The largest and most varied assortment we have yet shown. You can purchase satisfactorily by correspondence. Spaulding Co. JEWELERS, Stats sad Jacksoa 5ts. Chicago.

Hllliiiiii.imm Miss Maria Parloa i is admitted to bs a leading sBiaoroy on oousmg; sua JSays "Use a good stock for toe roandaaea of onus, suces and many other lainyt. sod tbe beat stock is Liebis Company's .4. A A OSS Wonders: extract or ueei" ftWof MIsj ParWsw uluaa SMrt stsi iMooby A Co, ffan 'Bread is the Staff of LifcT THEREFORE HAVE IT Always Tonic rasss Wintersmith's Chill The Medicine of Known Merit. For Malaria which I the Tried and True 30 SoMS 3 Try it. csssf For General For Biliousness For Constipation For loss of Bstag the kast Ssfls os) Its sssrlts.

Debility Appetite Rssssdy for these this sa the saarkst. sad alt Draggtsts keep K. -1. i i ra li; i.