The Courier-Journal from Louisville, Kentucky • Page 8

ODODOnODODODO a CI a a a a a a Every I6. 29 and $23 Winter hnit or Overcoat in stock offered at tbe 'choice? pries of 12. Every Suit or Overcoat in tock worth more than Z2, offered atO-lper cent. discount from the regular price. Don't wait wit this is the best change.

SHOE CLOTH IN 5 a C3 to 414 West Xorkat. onononononono ADVERTISING RATES. DAILY tliriOX. rer-tae. irst Bf-a ana.

eight page 0 14 lnstae paces (Patlera oirtloe) 1 Special aotie. noflp-Juii. City features, aoeiaueil 0 nitur, JjO Rnlini Bauer. 'mvlM For bilos, Reotv Wuu, Boarding, bwtfflbmu, Msrnatfts. iU-UJ- loaa au bbdety ouoe 12" bCNUAT EDI HUM.

tret pan --0 0 Other peers la fcfierlat notices SO Xeadlag axattT, nonpareil Kradln meter. 1 0 or bales. Kent. Wjnu. BoantM.

fateaatboate. Marrlaaea. leata, -fusion, a-id (society SoUwt. 12 1 WF.FKXY EDiriO. yj' OnHaary SO 7 Baalaese aMlea.v.M 1 CO adlac natter, 1 34 l-cadin Btur, the baala of Courler-Joaraal Branch Office.

Waaatnfoo bureau of the Curter-Journal and Tlmea, 703 Fourteenth street. N. on equate North of ElW Hooee O. O. SCealy.

Manager. Saw Tork-Roow ID. 14 ami 15 TrlBune ruMlaj. A. ftraa Kichardsoo.

J-anaae- ana ajpecta- a fens- DAY FEBRUARY 1. 1835 a CITIZENS, ATTENTION! The LeibTille Charity Is Id lTent of Fa ads. Louisville, Kr, Jan 13. IS3J. To the Citizens of Louisville: The LouisvtJe Charity Organization Society is In urgent need of funds, both for its fen-era work and its emergency fund, and unless funds are at once tsubreribed this latter branch of our work rr.ii.-it suspend Its operations.

If the -public would take the trouble the workings of our so treet. and "Wayfarers Lode." a much er'ldea of our woric and its useful ness cotrid be seen, and we believe appreciated-. We Alshke to put ourselrps In the positioner beyrin for funds, as we Jsad hoped the work we have performed in this line was a guarantee of support; We ask respectfully and urgently that subscriptions be sent to mr Financial Secretary. Mr. W.

T. Rolph. Slimed for fcjbuisville Charity Organisation Society. R. H.

BLAIJJ. J. BARKHOCSE. A. O.

MUNS. ARTHUR PETER. i SALVAGE CORPS MEETING. Former Officers Re-Elected and Relief Fud To Be Orjcasilzed For Disabled Members. The Ixiulsvllle SaJvaK" Corps Association held Its annual meeting yesterday afternoon at r43? West Markwt street.

All of the- former officers were re-elected as 'follows: G. P. Theobald. President; George W. Morris.

Vice President: James S. Barret. Treasurer; T. C. TimberlAke.

Secretary; B. II. Plckard. Superintt-ndeau change was made in the commit-tes. The Jlnsnca.

Committee instructed to -organize a relief fund for rhe benefit of disabled members of the corps. Reports of earnings of the New Or leans uracuon company tor xne-nrst wenty-se-en days of January arive a total of which is an increase of 517.775 over the earnings for a like period of last year. The North Shore Traction Company's earnings for the firs three weeks of January were. an Increase of I6.7S3.72 over a like period of last year. KOTHIXS IX THE CASE.

Nah and Ricbtnond ReleaacU, Their lleing Found True. Louis Nash and Marlon Richmond, the boys Who were arrested Wednesday fternoon by Patrolman Simpson as suspected felons, were released from custody yesterday morning, as the explanation which they gave as to how they obtained the jewelry was found to true by Ma J. Owens. The boys left for their old home in Little Rock. Ark.

IN THE BLOCU CF Y0UTh lcatb oir Miss Viola May a Normal St bool Graduate. Mies A'iola May Roth died early yes terday mornlna; at the home of her parents. West Jefferson street, of consumption. She irraduated at the head of the commercial class cf the Kortnal School two years ao. It Is Jiastened her death.

The funeraJ will take place on Sunday affrtioon from the and Walnut-street nantlst church. She was a daughter If r. Valentine Roth. Thrse Itilta lirokt-n. Mrs.

Mary Holagcr, who lives at J22S Reservoir avenue, sustained painful Injuries yesterday morning-. She was hangings a picture, when the chair vn which; she was standing tipped and threw hen over. She broke three of ber rib. FOURTH APPLICANT. Janes Ilatchiuoa AIs Waits Tt Oprn Sale Ai 1112 Via Bare a Street.

His Cas Will Be Considered ro-Day That Waterworks Export Found City Hall Haws. The Board of Iivnne ComiuiSMton-n, enmposed of Jadge R. II. Thompsa, Mr. ChsrW Gihnon, IVesidnt ef the Sinking Fund Commissioners; Maj.

Robert Tilford, of the liourd of jPublic will bold a meeting to-day to decide on the apjJicatiua of Janvs Hutchinson for a llocOtte ta open a saloon at 1443 Van Buren street. Ilatchinswn is tha fourth applicant to open a saloon at that place, Jsut others have been refnand on account of the objections of the During the monoh of January Troas-nrer Liu cock han paid out 8J71.335.21. Out of this have been paid three Hint- for JOO.fJOO each, funds fur parks, schools and liouso of Iwef uge, and salaries of the polictt, firemen and other oity employes. The Treasury has rectuved $267.1.1 l.ao, to which was added a balance of from lawt monH. Alvout still in th Tax.

Eceiver' hands will be addud to the credit of this month. Councilman Stone, who recently introduced an ordinance directing the sale ul Uie Wiit-T-works, yesterday found the report of the experts who years ago reported on the wat-r-works property, lie expected to get from the reports figures required for an timate of whut he proprty should sell and may preit hi fats at the next routing of the Council. The report had ben taken. to the Circuit Court to be ul in a case and had never beerr re-turned. tlx -Pump Contractor Cornell Has of-fArl to compromiae with the Coard of Public Works on his bill of $2,000 for depeninjr wells.

Somo of the wll hare since gm dry. JuliB 5forriTT waa ytrdaar pnint-l a flreman in place of Charles Herman, who was recently rotnowd. Pnlireman 5am Hart wsn yesterday exonerated of the chwsro a citiren. Charls Ieddi was appointed a private policeman. Tho Board of Public W.ttIw has decided to reconstruct the streets on the following Works: Cheritnnt from Eleventh to Thirteenth, with brick Fourth, from Main to Wattr, nd from Main to after, with granite: Mat-ket, from Jackson to Hancock: MarJirt.

frHn Twelfth to ad Fulton, from Fire to Jack- soa, with granite. Tax Rwwrer ShoUey took in about $10,000 yesterday. LEWIS, THE HATTER, ASSIGHS Not Forced, As All His Creditors Wrote Him the Kindest Letters. Assets Coasist of the Stock aad Some Property la Parklaad la the Bttsiaess Slace 1863. A.

C. Lewis, the hatter on Fourth avenue, between Jefferson and Green streets, late yesterday afternoon filed a deed of assigrfment in the County Clerk's odee the Louisville Trust Company being named asslgmee. The deed states that the assets Consist mainly of the stock of hats, caps and goods of like description the. store on Fourth street, and some property in' Parkland. Mr.

Lewis has been In the hat business since, he came Louisville 'in 1S63. and began as a-clerk. Since 1S68 he has been in business for himself, except for a short Interval. During these years he had built up a reputation that is an honor to' any business man. and last night he said that his inability to pay every dollar he owed caused him the deeper regret on account of the friendly encouraging1 letters he had received from his creditors.

"Depression In. business. said Mr. Lewis, "was the cause of my failure. It has been gradually getting worse and falling- off since 1891, and 1S93 was the dullest year In the hat trade that I have ever experienced; It was one-third of what a store like mine expects-to do.

My assignment was nort caused by any pressing- creditor, suit or threat of suit-On the contrary every one of them wrote the kindest of letters to me, offered time and I could have made an arrangement that would have been satisfactory to them. "This letter." said Mr. Lewis, "which I received Wednesday from Phillips Downs, of New York, caused me to mlike an assignment for the equal benefit of my creditors. This firm wasfmy larrest creditor and would have been as lenient as the rest but for Its own misfortune. In this letter they sympathize with me and say that by the time I receive it they will themselvea be In liquidation.

They said that they were in the same fix as I was. They have made an assignment and I feared that when this claim, the largest one against me. came into the bands of the assignee an attachment would be taken out on my stock to the detriment of my remaining creditors. To protect all I speedily made an assignment." Mr. Lewis was not prepared to give any statement as to assets or liabilities, preferring that those figures should be shown accurately by the result of the Trust Company's accounting.

Hats, he said, constituted a stock that was hard to appraise if a forced sale was contemplated. The Trust Company has requested him to remain and manage the business for the present and help to dispose of the stock to the best advantage. J. B. SLAUGHTER'S FUNERAL Elder Powell Speaks Beaatlful Words At the Service Yoitag Met As PalNBcarers.

The funeral of Mr. J. Slaughter took place at 2:30 o'clock yesterday afternoon from the First Christian church, and a large number of friends and relatives were present. The service was conducted by the Rev, E. L.

Powell. The service was very Impressive. In speaking of the deceased Mr. Powell said: "It may be said of Mr. Slaughter, as Isspokbn In the.

Holy Book of one of the Biblical characters, he was a good 'man and full of the Holy Spirit, He waa not a man to make known goodness, but he was a true Christian at heart. He was always on hand at THE CPU RIER-JQURy AL LOUIfe Oie church services, and although he had his troubles and burdens, he was mrvcr heard to complain. While we mourn to -give him up. others are rejoicing- as they receive him. While we count ourselves losers they are "gaining a soul." The pall-bearers were as follows: Messrs.

H. M. Griswold. W. S.

Parker. Howard Sanders. John Slaughter. John Sanders. Frank C.

Carpenter. Wm. Porter. Rowan Hardin. Charles Elliott and James 8.

Carpenter. The honorary pall-bearers were: Messrs. J. E. Hardy.

Wm. Beynroth. 8. Coldwell. Robert Skeene, L.

D. Vaughan. S. J. Johnson, A.

D. Miles. W. H. Slaughter.

Rowan. Buchanan, J. O. Torbitt and R. H.

Wilson. The interment was in Cave Hill cemetery. MESS STREICHER. Kast-Knd Cotrple Married at HC Patrick's Church. Mr.

Joseph Hess and Sli-a Mary Streicber wer married at St Patrick's church by Father Gambou at 5 o'clock yterday afternoon. The usher were John Doclier, Ed. Streichcr, Frank Habieh and Albert MueniUiant-en. A reception and dance werw held at the residence of the bride's parents, lOO Eaut Madifon 'street. Mr.

Hea is a well-known younz grocer up town. The bride is the daughter of Mr. Peter Strnieher, foreman cf the Brewery. OBJECTS TO THREE. Mr.

J.M. Atherton State His Case To the City Ordinance Court. Says He Pays a Comity and State Tax On Whisky la Larue County. HEABD AND SUBMITTED Three prominent whisky men. Messrs.

John M. Atherton. John O. Roach and Nicholas Miller, were present in" the City Ordinance Court yesterday afternoon charged with doing business without a license. They had no lawyer and at the suggestion of City Attorney Barker Mr.

Atherton took the witness stand and stated his case as follows: "The J. M. Atherton Co. Is not a corporation and has not been since some time In 1S93. I do business as a firm.

I have no partner. All my whisky is made In Larue county. In accordance with the State law I pay the State the tax on the whisky In Larue county and I also pay the county of Larue a county tax. All my books and accounts are kept here in Louisville and 1 do all my banking here. All the whisky is sold by correspondence or salesmen.

As jl pay two taxes on my whisky in Larue county I do not want to pay a third tax in Louisville. Yet I have not refused to pay. but have delayed knowing that there were others situated similarly to myself, and I thought some one might litigate the matter. I shall not litigate the matter, but will pay if the court thinks that I should." Mr. Barker brought out the additional facrts that the J.

M. Atherton Company was incorporated in Jefferson county, and that Mr. Atherton lived In. Jefferson county. He urged that personal property followed the owner to his place of residence and was.

therefore, liable for taxation. The cases were all marked heard and submitted. Mr. Barker will file a brief. The entire docket was disposed of as follows: Unlicensed Dealer J.

M. Atherton Cobjj pany. John G. Koa-h. Nelson Distillery Company, heard and submitted: Bevnriy Watkins.

fined So; F. C. Haupt Floral Company, fined sio. Unlicensed Wagon L. Wlschbrink.

fined SS; H. Nathan, dismissed. Cruelty to Animal L. Wlschbrink. fined Obstructing the Sidewalk Sylve Roth-child, abated and dismissed.

Unlicensed Merchandise Broker Alex. Bryant, dismissed: H. C. Dickens, fined $20. Slop Running on the Street F.

W. Meyer. Harboring an t-'nllcensed Dorr W. B. Brentllnar, continued; L.

H. Combs, D. W. Crowley, paid and dismissed. Loaning Money 'on Chattel Mortgage without License W.

Hancock, stricken from Obstruction without Light E. A. Haf-fleld. dismissed. REV.

C. C. OVERALL ANGRY Spirit of Opposition Breaking Out In His Congregation. Yuan? People, Titter Daring: Serv iees, Wnile the Older Ones Danes and Occasionally Quarrel. Tho Rev.

Overall, pastor of the Jeexl-avenuo colored mission, is conducting his revival meetings under difficulties. He visited Central' police station yesterday afternoon to see if something could not be done to aid him in keeping- order. He said on Wednesday night one of the men who attended the revival got up In the midst of the' services and began to dance the double-shuffle in the middle aisle. This seemed to be highly amusing to some of the congregation, who clapped their hands and yelled for him to "go it." He said he stopped his preaching and Inquired of members of the congregation who the man was. but all claimed they did not know him.

Two young women who seem to be strangers are also doing all in their, power. Overall says, to break up his meetings. He says they make it their business to sit in the back of the church and when the congregation is singing they sing a different tune and destroy tho harmony of music. They burst cu laughing during the preaching and disturb his thoughts greatly, the preacher says. Wednesday night one of the omcers of church.

Louis Champion, very nearly bad a fight with one 'of those who attended the meeting. He seemed to he a 'stranger also. He got up during services, and. going to the door, deliberately held it open sof that the cold air could blow Into the room. When Champion remonstrated with him, the man told him to get out or he would freeze him out.

The two men had some words and were on the point of fighting when others interfered. Over-ail sad he thought there was a spirit of opposition developed against him since he waa arrested about a week ago and charged with disorderly conduct. He said some of the congregation are Jealous of him and are making his arrest the means of belittling him. Lecture On "Moroina; Ignatius Mueller will lecture on "Morning Sleep and Midday Wine- at Urith boot urn Temple, a First street, evening. i -i ad fcLLE, HAS ONE OF THEHffiH Complaint of Mrs.

Louisai ojt In Her Fetiticn Tor Two Other Petitions Snit gainst Walter Elrod O.her Nej From the doits, i Mrs. Louisa Vogt in her petition for divorce from John A- Vogt, filed yesterday, says that she has for some time been living with her parents on Gray street between Clay and Shelby, having been compelled to leave her bus-band's' roof because of his conduct, They were married in November, 1SS7. and have two children. The older of these, she says. Is a boy.

of whose custody the defendant forcibly deprives her. She charges him with confirmed drunkenness and cruelty. She has no means of support, she says, save- such as is provided by her own Industry. Tha defendant, it la stated, has a forty-acre farm on the Taylorsville pike. She asks a restraining- order.

Application for divorce waa made by Cornelia Smith, who charges Paytbn Smith with cruelty. He has. she says, treated her In such a manner as to lead her to fear for ber life. They were married in August. 189S.

Mrs. Mary K. At wood filed suit also, asking- to be relieved of the obligations resting upon her as the wife of Allen At wood, whom she charges with abandonment. They were married four or live years ago. G.

T. Mercer Insane. G. T. Mercer was tied for lunacy yesterday in the Criminal division and 'was adjudged insane.

He was born In Breckinridge county and is seventy-four years of age. His mind has been failing for some time. Mr. Mercer came to this city on a visit last Saturday and complained of beins; followed by an unknown enemy. He has two children, his wife being dead, and owns a farm of sortve 200 acres In Breckinridge county, lie waa an enthusiastic Populist.

Walter Elrod Sued. Henry S. Tyler, trustee, yesterday afternoon entered suit against Walter L. Elrod for an aggTSimte of $888. Tha plaintiff says that as trustee he leased to the defendant In January, 1890, the property at 333 and 825 West Jefferson street at a monthly rental of $100.

It in alleged that he owes $630 for six months and a half. Judgment ta also asked on a note for $230, dated September 17. 1334. Fell Through the Floor. -A suit for damages waa filed yesterday afternoon, by William Con-nell against the Louisville Cider and Vinegar Works.

Plaintiff say that on January 22. he was In the defendant's building upon an Invitation to examine certain machinery when' he fell through an opening in one of the floors, having the bones of his ankle broken. An Aggreg-ato of Suit for an aggregate of was filed yesterday by W. B. Ashby agaiant C.

W. Leonard. Plaintiff claims J71I on a note, $14X10 alleged to have been paid as defendant's surety on a note to J. T. S.

Brown Sons, and WOO alleged, to have been paid aa defendants' surety on a lease. On Bills For Icev The Northern Lake lee Company yesterday entered, suit against Char lea Merrtwether on a bill of ice furnished between March. 1833. and December. 1S94.

amounting to $135.8. The same plaintiff sued Julia C. Mo Comb on an ice bill for $107.10. Small Dry Goods Failure. M.

Fleischer, doing a dry roods business at 443 East Market street, yesterday afternoon filed a deed In th-i County Clerk's office assigning his msscts to Sol. Felsenthal for the benefit of creditors. The assets and liabilities are nut large. Sued. For James Sanders and Eugenia H.

Horner yesterday afternoon entered suit sgainst Samuel M. Parker on two notes for $4,000. The notes are secured by mortgages on property on West Market street, Court Paragraphs. Tha three cases against Cul-len were again 'continued yesterday in the Circuit Court. They will be taken up February 28.

Tha defendant's attorney. Maj. Kinney, was 11L Deputy County Clerk Joe Senses Is confined to his home by aa attack of grip. In the Police Court yesterday morning- Bill Rider was held to answer under 820 bond on the charge of cutting Gus Smith In December. A fine of $5 waa entered against Alex.

Withers, colored, who endeavored to administer -a thrashing to. a white youth. The Jury that has been trying" the case of Mrs. Jennie Smith against tha L. and the details of which were published yesterday In the Courier-Journal, disagreed and was discharged late yesterday afternoon.

Court Calendar For To-day. CRIMINAL DIVISIOK. Commonwealth of Kentucky vs. Daniel Cantwelh murder. JOHN P.

CAS8ILLY. Official Reporter. COMMON PLEAS DIVISION. C. II.

Pickens vs. Gustave Weldler: Calumet Fire Clay Company vs. W. II. Wel-ker; Charles A.

Walters vs. T. B. Curry, etc; S. B.

Summers vs. F. W. Miller afc Harry Elucky. administrator, vs.

Metropolitan Life Insurance company; Louis Thomas vs. Crystal Springs Distilling Company: George Wethers vs. Barker; Frank-Akers vs. city of Louisville and Louisville Railway Company: John "Sthaefer vs. Mag-lalena Oillman: J.

T. Burnett vs. H. Albin; Callaway A. Miller vs.

A. H. Gannett; Thomas L. Barret Joseph Laas; N. N.

McDonald vs. Ohio' Falls Cooperage Company CHARLES- A. GRAHAM. stenographer. APPELLATE COURT.

aec-iskna Handed Down At. Yesterday's Sitting. Frankfort, Jan. M. (Special,) Kentucky Court of Appeals declsiona, Chief Justice Pryor and Judges Lawia, Guffy and Haxelrlgg sitting: Joseph Era in vs.

Commonwealth Daviess; reversed. Craigs vs. Anderson. Lincoln; reversed. Kama vs.

Commonwealth. Clay; affirmed. C. and O. Railway Company vs.

Thar-man, Kenton; alnrmed with damages Caldwell vs. Stevens, Campbell; motion for appeal filed and submitted. Ul.bin. (on petition). T.

M. Goodnlg-ht and L. Edelen. attorneys of this court, moved for victs and to take such steps in their interest aa may be necessary, which is ordered and the order of submission is set Van Meter vs. Van Meter.

Bdmonson; statement of parties so amended aa to make R. 3. Ward, admiaistratar ef J. Ward, appellee. T.

Mayes sworn aa aa attantay toa thia court. 1n.ii.iu Doiiavr, nsaaarama; apeteasas) filed a response to arpeliaat'a pail -Jan. and M. Conipany Ta, Thomas. FRIDAY MORNING, FEBRUARY 1.

18D5. Highest of all in Leavening PowersLatest U.S. Gort Report vcy Henderson; argued by Montgomery- Mor-ritt for appellee and P. H. Darby for appellant and submitted.

Balrd vs. Ryan, Logan; cross-appeal granted and submitted. Tobln -vs. South's administrator, ete Franklin; motion to dismiss appeal overruled. Roman Catholic Church' vs.

Welghan afc Kenton; petition for rehearing over-, ruled. Boy! vs. Land. Harrison; case advanced and siit for March lti. -Beniatt va.

O. V. Banking and Trust Cumptny, Henderson; argued by R. H. Cunningham aud M.

Merrltt and submitted. Court adjourned untii to-morrow morning o'clock. Court of Appeals Decisions. Carriers of Live Stock Delay in Furnishing Cars Measure of Damages. Newport News, Co.

vs. Mercer War-field. To be reported.) Filed January 23. Appeal from Hardin Circuit Court. Opinion af the court by Judya-Lewis, reversing.

First The law implies an agreement upon the part of a railroad company to furnish necessary cars on a particular day when a request therefor has in due time) been made by a shipper of the station aa-ent, who, for that purpose, has the authority of a general Second Aa a railroad company la not generally held to more than reasonable dlllirence and care in furnishing cars for transportation of frelnht, the wreck of a train wh-rvhy free movement of cars is temporarily prevented Is legal excuse for delay in having them under special agreement at a particular time and place. Third In this action aajalnst a railroad company to recover damajres f-r loss resulting from defendant's failure to furnish cars for the shipment of live stock at the time agreed, as defendant admitted tha failure to furnt.ih the raYs and pleaded that It used reasonable diligence to have the cars at the place and time agreed, which waa prevented by a wreck- on the road, the burden of proof was upon the defendant, the allegations of the answer being denied by reply. Fourth The. fact that defendant hod at the place agreed the necesxary empty cars for the shipnrant of plaintlffa stock on the day previous to that fixed for the shipment tha station agent then assared plaintiff that the necessary cars would be on hand the next day does rot make the defendant responsible for ita failure to hold the cars which were then at the station, provided timely arrangement waa made for- others to be there at proper time, which was prevented by a wreck. It was, therefore, misleading to tell the Jury, without such explanation, that 'It was tha duty of tha train dispatcher to control defendant's cars and to asslfrn them In tha order In which they were called for by the shipper." Fifth Aa.

the cattls shipped by plain-tin's were Intended for sale of tha mar kot at destination, the measure of damages, if plaintiffs are entitled to recover at all. la the difference between the market value when thev should have arrived and the value at the time of tbelr delivery, provided thera was. a fall In the market value of such cattle during tha de- 1 mm! Af fMMl- In and caring for tha cattle and injury in welarttt or fitness 'or market that may have resulted from the delav in snipping-. I L. A.

Fsurest and P. H. Darby, for appellant: W. R. Haynes and Hobson sfc aeara xor appeiieo.

I County Levy Power to Levy Ad Valorem' Tax for Pauper Purpose. Louisville and Nashville Railroad Company vs. Pendleton county. TT be reported Filed January 25. 1895.

Appeal from Pendleton Circuit Court. Opinion of ta court by Judire GutTy, reversing. tha provisions of the General Statutes tha several County Courts of tha State had no power to levy an ad valorem tax for pauper purposes. Tha provision giving- tha court power to purchase land for poorAhouse purposes and to levy a sum sufnHfnt to pay for the 'and. improvements.

etcb means only that the court can levy suchMaxes as it is authorised by the law to levy for general pur- kuusi whisk da aat include aa ad valorem tax. The Kentucky statutes now confer nower on the Fiscal Courts of tha several counties to levy ad valorem taxes for general purposes, but these statutes do not apply to this case. L. T. Applerate and Georara C.

Lockhart for appellant; John H. Barker for ap pellee. Construction of Devise Fuller, Martin, etc. (To be reported.) Filed January 29, IffM. Appeal from Mason Circuit Court.

Opinion of the court by Judge Umflnyg. ifflrrainr. Where a testator at the data of bis will and when he died had only one living brother and five living- sisters, and also two brothers and a slater dead -who left children, a devise by the testator to his "brothers and sisters" must be regarded as Including- all the brothers and sisters living- and doad. and, therefore, under tha statute, tha children of thoea who are dead take what their parents It living would take. i K.

L. Worthington and Saltee oV Sallee for artDellant: Cochran Son, George Doniphan and Gaibraiih Johnson for appellee. Sale af Parsons! Pi upei Measure of Damage. Tha Campbellsville Lumber Co. vs.

Bradlne A Wiggins, etc. be rerported.) Filed January 59. 1R05. Appeal from Taylor Circuit Court. Opinion of the court by Judge Lewis, affirming.

First When upon the, dissolution of a firm one of two -parties assigned to the ether his interest in a contract for tha purchase of lumber, without the consent of the seller, the contract was not thereby rendered unenforcabie, and the assignee has the right to maintain an action against the seller to recover damages for breach of contract, the firm being Joined as plnintlns. Second Where contracts for tha sale of chattels are broken by tha vendor failing1 to deliver the property ar-coraing to tne terms of tha bargain, the measure of damages, aa a general, rule. Is the difference between the contract price and the value of tha article at tha time when and place where it should have been delivered, with But this rule does not govern where its application would change tha contract actually made or contravene intention of tha parties. There-fare, where tha vendor knows his chattels are being purchased for re-sale at a particular place ha should be held to hava contsmplatnd as a probable result of his failure or refusal to -deliver according-to the contract, a recovery by iT.o purchaser of the difference between the contract price and market value at such place- of resale, loss cost of transportation. This modification of the general rule hi applied in this transaction by tha purchaser of lumber to recover damages of tha seller for breach- of contract, it appearing from the evidence that the seller knew he purchaser was a firm engaged j.ciin.

in lumber In Boston. and that It was to be thipnd direct to that hava been misled by an instruction telling Ifoa Tor mai.i auu in. i nvi i v. nm h.i I nr I li i uiii.k the difference between tha contract price and tha value of such lumber "In tha markets where plaintiff trailed." less cost of transportation, as Boston was manifestly tha market referred to. evldenca being heard aa to market value of the William E.

ft S. A R-iesell for appelant; Patterson. Montsrua Collins and G. W. Towles for appellee, 6000 SANITARY WORK.

Dr. CorHan Snhmits Brief Ite port of What He Has Done In. the "Western District. Dr. Fraak Corrigan sanitary in-frpector of the Western district, yesterday submitted his report to Health Officer White.

It read as follows: 1.S01 vaccinations, 173 charity calls made, called at Almshouse every day, not a case of small-pox, less diphtheria now than at any time In twelve months, sanitary inspections perfect. When Baby waa sitk, wa xa hrr Castoria. "iVben aha waa a Child, aha cried for Caatoria. -JTbea she became Mb, the clung to CaMoria. When she had Chlld ra, she gave them Caatoria, TO QUASH THE CAPIAS.

Mrs. Stivers' Attorney Supports His Motion With Four Arguments.1 Chief Point Is That the Statute of Limitations Is a Bar To Fur- ther Prosecution. The attorney for Irs. Ihora Stivers yesterday morning In the Criminal division filed a motion and grounds for the quaahinir of the execution recently issued against her under that part of the judgment in tho case in which she was prosecuted for the miirtreatmont of Annie iiurro which relates to imprisonment. The capias was issued, it will be remembered, at the same time that tho one against Martin 'Norton waa placed, in the Sheriff's bands, and was in accordance with the ruling of the Court ol Appeals in the case of the ex-Councilman.

1 ho verdict of the Jury was that Mrs. Stivers- should pay a fine of $200 and be imprisoned in jail for four months. She paid the fine, and, leaving the city. the imprisonment waa satisfied at tho rate ot $2 a day. There are four grounds urgc-d for tho quashing of the capias.

The first is that it had been nearly two years since the judgment was entered against her before an execution was h-sued. In the second place, it is urged that more than one year having elapsed Kinott. any prosecution of her by the Common-I, waui uie statute ot unuuuons is operative. The third reason advanced for the quashing- is that the Commonwealth accepted the settlement as in full made when the capias was issued upon the judgment in lg03. No appeal was then taken flora the payment and it waa made in good faith.

The fourth pleading is to the effect that after the criminal prosecution Annio Bur re prosecuted a civil action against her in the Law 'and Equity division, securing an exoeasivn verdict by reason of the excitement of the nublic mind. This canned her to lose ber home in the 1 mA 1. i 1 :1 i iuu 7uuazim. urr aiiu ur ruuunni almost destitute. It is urped that, the various punishments inflicted were excessive, cruel and unusual and form a bar to all future proceedings against ber on the part of the Commonwealth.

The motion -will oe argaed Saturday, Capt. Frank Hagan appearing for Mrs, Stixers. A BOUT PLADE OUT." An 'Exiled Man Says That Kentucky Is Better Than Heaven. A Caique Letter Received By Judge W. L.

Jackson Wants To Come Back For Week. The following unique letter has been received by Judge W. L. Jackson from a man who was tried in tho Criminal division about a year ago. The -man had deliberately shot two colored men but from facts developed at the trial it was deemed sufficient to suspend judg ment, the accused left Louis ville for good and alL He baa since that time been an exile, and appears very anxious to get back to this city.

The letter is ss follows: Faduckey, Jan. Sa. 189ft. Hon judaa Jackson. lear Str 4 thought.

1 wood spend a few moments In droping you a few lines witch i hope aill find you all O. K. itch 1 tnusi say 1-heant feeling so ever wt-u. my nnprrs are a Bout Mode out. well Juuget wood like to gna bark to Louisville and see the old kiddy she is Ftrk want to a back and stay a week 1 dont want to stay all the time I an.

a fraid I will be disturbed if 1 goe back without otire Couo nr 1 pit a cupla of tho Pa ice furse thara tha will make It hot for me If they can tliem feders will Jurke uie the first Chance they get and pil charges atnnta me well Judge I wint out to LedvlUe Colorado and tade there until tlu weather got to Cold for me and then drifted down t. Saatinn-y texaa Knlsa CunUirv down there but 1 Coolnt a louse very well thaw so shifted a.aiitr-ney and come up to tndnU-mtorey 1 found that Cunt try' to tuff for me so 1 drifted a round the Cuottry and have Rei-ti in ev( ry Blice Cliry In Uio waxt and 1 harde tunes every whare In all my ramhela 1 Knever found a Plata, so deir to my hurt a. old ky a kentucky man undent lev his home to go to lievtn." To this bomrsick correspondent Judge Jackson replied that the judpmerit. is now beyond bis jurisdiction. The man was presented in court some time ago and judgment! watt suspended on condition that he would leave the city.

FOR THE, NEW TRACK. Contracts For the Grand-Stand, Stables and General Improvements To Awarded To-Diy. The Building Committee of the Louisville Fair and Driving Association will hold a meeting this afternoon in Its rooms in 'the American National Bank building for the purpose of passing upon bids and awarding contracts for the grand stand, stables and the sev eral Improvements which are to be put upon the grounds recently purchased. Many prominent architects have sub mitted plans and drawings for the proposed buildings and a number of these designs are so attractive that It will not be an easy task to make a selection. Members of the association who have examined them think that they can not go far amiss in accepting any one of them.

Collision Going to a Fire. An alarm of fire was sounded from Thirteenth and Chestnut streets yester day afternoon at 1:20 o'clock. Sparks coming from a chimney caused the alarm to be sounded. The No. 1 Hook and Ladder Company In going to the fire collided with a street-car at Eighth and Chestnut streets, and the passen gers in the car received a slight shak ing SiO one waa nuru Accident Hastened Death.

Charles O'Neal, aged seventy-four years, died of heart disease at the City LAUNDRY. ETC HOST. TYLEIt. President. 222 but will be done MR.

FRANK known to the full charge of a full line of TO Grown FLOUTt. JO HQ tAIwqys a JEWELERS. ESTABLISHED tavsa- The Ivcading Jewelers WM. KENDRICK'S SONS "336'; Jtvenue "HE THAT WORKS EASILY, WORKS SUCCESSFULLY." CLEAN HOUSE WITH CM IKn i I I Mus tktakiss II ts romm I ABSOLUTELY PURE THE OLD RELIABLE SWEET GAPORAL CIGARETTE Rat stead the Test af Dats MOSC SOLD THAN ALL OTHER BRAND COMBINED SIE.1M8HIPS. Through tickets at EUROPE lowest prices to or from any part of Officially appointed agents of.

tha chlct Atlantlo steamship hues. ftoraiaSS ax-ehanga on ail countries of the world. Manager Foreign Department, n. eor. Fifth and Market sta, LouisvUia, Ky.

Hospital yesterday morning. He was taken to the hospital three weeks ago suffering from a broken blp due to a fall he received while walking along the street. The accident nastenea nis death. Ileal Khtate Transfers. Tha following were furnished yesterday by the Kentucky Title Company: p.

Lav el Jo to 11. ivoenier, irei. nai side Twelfth, north of Broadway. J2.CW0. W.

H. aotikins to J. Scnott. to feet, corner Thirty-fourth and Missouri. il.M.

Martha A. James to T. A. Brown, and acres, Luu. west side Amher street.

2.ax. 7 J. I.inkelKl.lol to J. Tl Duffv. 28 S-U feat, east atdo.Thlrd.

south of Water, '''Margaret McAtillfTa to Margaret Sullivan 2S feet, eaijt side Tvnty-aeventh, south of Portland avenue, V. m. Ciwaria iv j-i i i rr south side Bainbtidge. west of Twen ty-fourth. tl.l'O- uuniuAurg, t.

rYankenatein to Mutual Life Tn- su ranee Company. 3 pieces property. r-. Kosomoor to urnnsu 1 1 1 i-i 1 1 -uji Title Company, land on Stratton avenue. Choose the Best.

DenUfticea are as "plenty as blackber ries," but there ia only one- preparation which thoroughly cleanses and whitens, tha teeth without injuring their substance, That preparation is SOZODONT. Tailor. 48 W. JEFFERSON ST. rSflNK P.

ana. THE CROWN LAUNDRY CO. Wishes to announce that ther hav-e bonrht the stock and fixtures of the 'JOHN E. HOC HE MEJI'S FURNISHING HOODS STORE, at 223 Fourth avenue. This Includes Laundry Business, which was formerly sent out of the c.ty, at our own Laundry in future.

P. MERRILL, who is well trade, will be manager and hava the store. We shad aim' to carry n's urnisuing Good and ORDER. Shirt Go. 2 FOURTH AVENUE.

cO Reliable. 3 fi FLORIDA ands Oranges vesort5 investments Developments Attractions G. D. ACKTRLY, 'UMCSas. sasacaaca aatsT, THE TROPICAL TRUHK UME, atecssoMviua.

risatsa. A Gloomy Outlook Is that of the dyspeptic, but his face wifl brighten WUCU iiC KUUW3 una. Ripans Tabules cure that terrible disorder and will make him a cheer- -ful and happy man. Ripans Tabules may ha obtaiaed lareorfi your nearest driia-gisu IViea. so cats bss.

Why do yon allow that feflow disappoint yott aealn and i while you can set he Coffee Tea yott have a lonstng; for at J. B. WURACH'S 314 West Market St. jj Ct loose from "the ones that art not worthy of your confidcaco. IVINTKIl ItESOllTM.

NAPLES-OH-THE-GULF! IN. ii The Season for 1895. HOTEL. NAPLES will open for lbs r.hniar. and r.main epea 1 aadl I inrit tL it will continue under lbs flclent of Miss Aaais Laughun, of Lexington, Ky, wb lU hsr corps of Kentucky cooks and waits will sustain the reputation Hotel baa enjoyed for several years st btlM bast and most enjoyable house of tainmeat in all Florida.

Naples wlU be reached Oils Funta Gorda. where daily coaveyaaastsw ij k. lr i. ais-htv milsa south of thM t) plac an tha open'OuIt with 1 lum safe and deUghUul surf bathing all wistse. fh -t antire lr a climate anNivw I dom from saaiaria, no iw-.

i a month, and for health 1 Best hunUng and fishing the wot-. fords. To secure rooms, and for any Una desired, add M1S3 ANNUS Mcf-AUGBLTX Naples. Lee county, II -A it fcel wi( ih ir 1 Mi -S tig i 'orr Br Jle. dec spec end quel a si 'held otir jx was ScrV wblt Uttei Pro coac Lieu Poll.

Th Beer slgn that pres Rees ahov whoi chbtu reset The abandi to the ay Ther Oie even i oorreej The daUon rganl canvai A bll for Jected sUrnoet The! rumo In N( Four she Det.