Messenger-Inquirer from Owensboro, Kentucky • 3

TCKSDAV. PECKMF.U 13, 1910. OWENSBORO INQUIRER pacje rnniB jNm'l faUy trf itmrnt Pon'i cmlnu trntmrni that hut ftrCHORDJPPOINTED bn ineffective. It Jl dtngcrotit, Yhi rinmic dilly wih th dread ducaw. Jiectol it irird and proved.

Tou run no rtik with rt, A jffnitrn guattnict with tvt rjr tubt, Buy i Sdc hibt ol Reftyf toiiiy, complete rratly (or anpltrttion. rV ift UP-TO-NOW CANDIES (Continued from Page One) It towr4 rc- Smith Hates and Public Drug Co. Only authorized agents in Owensboro For Sweet and Happy Times Visit Us and i Get Your Candy Boxed or Loose. pewonul property an it farming implements, and also assigns and trans en to her all of his interest in claim against A. S.

Tanner and John E. Alassie for survives rendered. Tin statement that Mrs. Riley had sued her husband for a divorce was Incorrect, as the suit was only for alimony. ant rate, eases recently heard ly the commission.

The eases have been sot down for Jtrgumont on January it, 11)11. By that thno the court o. commerce wil. bo In process or organization, and Chairman Knapp, if by the wenate, will have retired from the commission. Commissioner term presumably will expire on (lie Hist instant, although bis miuiis-sion appears tn extend the term lyi-til January 12.

In any event, two of the commissioners who havo studied tho rate 'cases and the testimony at the hearings will havo retired from tho commission before the arguments arc completed. It is the opinion among officers of the commission that it probably will be necessary further to postpone the elective rate cases, rio as to afford the incoming commissioners' opportunity to examine the testimony and, perhaps, thereafter hear tho oral arguments in the light of the evidence. The proposed advance in rates were suspended until February 1, 1911. For several weeks it has been regarded as likely that it would be necessary to a further suspension, it appeared improbable that the commission would be unable to reach a de Iff LOITS JACKS-OX DISMISSKl) OX THE A IMS OF JUKI Kit We Make Everything In The Candy Line And We Claim Oar Candy The a Best In Town. Our Boxes Price From 1 0c Up.

Killing Took I'lace Our a Mckcl, It lit Prosecution Had No F-udriice to Com let PROGRESS STORE CAND cision in the cases in the time for announcement by February 1. Tho changes in the personnel of tho commission it almost certain thai Louis Jackson, charged with murder of Gi'orge Yancey, had his examining trial before Judge Owen this afternoon, and he was dismissed from custody, the court holding that the evidence was not sufficient to warrant a conviction. Both parties are negroes, and the trouble came up over the refusal of Jackson to let Yancey have a nickel, when the latter killed him by firing a load of buckshot into his side. 124 MAIN STREET no determination of the important proceedings can-be had at that time. The probability is that, in the event of the confirmation oi' Chairman Knapp as presiding judge of the court of commerce, Commissioner Judson C.

nrannn oiiit of them so badly as to be permanently injured. Scene Showing Where New Port is to be Opened Last. snrinr Tr Varum MM Mil BURNED COUNTRY hie by fire, and had since used, his barn for a stable. There was no tobacco in the barn. be chosen as chairman of the commission.

Commissioner Clements is the member of the commission, and every precedent points to his selection. The commission elects its. own chairman, and in every instance here i AGAINST THE SEYOE LOSS SISTA1XEI) BY W. A. VANCE i J3 To Solemnize Marriage Kites Rev.

Charles C. ISeatty gave bond with Ben Driver as surety, and was given tho right to solemnize marriage ceremony. tofore the selection has gone to the senior membef of the body irrespect- Lantern Fell and Struck Hint on ice of his political affiliations. Head, Also Exploding Setting Hay on Fire John Hanning Distilling Company For $20,000 on Trial f'Y Washington, Dec. 13.

The railroad scored a notable victory today when the Interstate Commerce commission decided that they have the right to impose such a demurrage charge on private cars as they 6ee fit. The barn of W. A. Vance on the Called to E'vaiisville Mrs. Clarence Clements has gone to Evansville, where she.

was called on account of the illness of her mother, Mrs. Mary Abel, who is not ex: pected to live. Mrs. Abel moved to Evansville recently from Owensboro. Dahl farm, now owned by Spencer Rutherford, on the Livermore road FOR DEATH OF CASE WAS COMPROMISED FRED NISCHAN SritONG EFFORT TO KEEP DIt.

AY. T. CAPERS 'Alimony Proceeding Brought By t-tie ltiloy Against Husband Dismissed Guntlier-Wright Machine Company in the Pettit neighborhood, was destroyed by fire early this morning. Vance went to his barn about -5 o'clock to feed his horses. It was still dark, and he carried a lantern, which he changed to a joist above him.

The joist broke, presumably under the weight of hay. The lantern fell on Mr. Vance's head -and knocked him down. The lantern exploded, setting fire to the loose hay. Mr.

Vance escaped without further-injury, but the barn was socn destroyed. He lost a year's feed for his stock, and his two horses were severely burned, one Files Answer lo Damage Suit By Tlicdur Lancaster Lexington, Dec. 13. A strong effc.t is being made by the congregation of Christ church cathedral to retain Dean William T. who lias received an attractive call to Trinity-chnrch, A telegram' has been sent to him in Philadelphia urging him not to make va decision until he receives a proposition of the vestry.

The alimony proceeding brought in the circuit court on last Saturday afternoon by Hettie M. Riley against W. II. Riley, has been compromised, ant! an order was entered dismissing same. Riley, by a 'writing filed in the county clerk's office for a valuable consideration, delivers to Mrs.

Riley a lot o' i The damage "case of V. D. Wester- field, as administrator of the estate it i-'v ruin 11 je of Fred Nischan, deceased, against the John Hanning DistilJing company is-jnow on trial in circuit court before 1 Judge The case is a very important one and will likely take up i two or three days. J. n.

The administrator is suing for damages for the killing of Fred Nischan, it being alleged that his death was the result of the carelessness and I negligence- of the defendant or em-j ployes under its charge. The petition1 alleges that on January 28, 1910, while! Nischan was employed to perform la-1 bor on the distillery premises, and, while he was engaged in building cer-j tain brick pillars for the erection of Scene at Montauk, Long: Island, where a new port may be opened, and a diagram showing how time will be saved when jjc.oan steamers dock there. The plan is to transform the barren area of land at the east end of Long Island into a great passenger and freight terminal. This project is proposed because of the war department's opposition lo an extension of the North river pier lite made necessary bj the ever increasing shipping trade of New York city. It is believed that the scheme is backed by the Standard Oil company and the Pcnn- syivania railroad.

The tong Island railroad ali-eadv furnishes transnorta- tion facilities, and it is believed that i clear to the end of the island from rr porch or shed belonging to the defendant, a heavy wooden column fell on his head crushing him to the ground, which finally ended in his death. The nlaintiff is claiming that but for tho five to six-hours would be saved by i docking steamers at this point. Pas-! step into a Long Island train, and sengers could leave their steamers, 1 rushed to Now York in three negligence and carelessness of the de struck him on the forehead. A deep gash was cut to tb skull. Dr.

Foar ter was called to dress the fendant, or those having charge of the work, the accident would never have occurred. The distillery people are denying that Nisehan's death was due to either trelr carelessness or negligence, but '(hut his death was due to his own son on Fredeilea Street. A very interesting program has been arranged, and one of the chief features of the meeting will be the discussion of ways and means of establishing a charity dental clinic in Owensboro. Reason Ultimately pRules! his hands as per order of court, made at the September termwhich was set for the 12th day for exceptions. In the case of J.

Riley against J. IE. Nave, the plaintiff moved to set same for Uial on the 14th day of the term. In the action of Theodor Lancaster against the Gunther-Wright Machine company, in which the plaintiff is suing to recover damages for Injuries to his arm while in tho employ of the company, the defendant filed its answer denying the allegations of the petition and stating that but for his own carelessness and negligence the plaintiff would" not have been injured at all. In the action of F.

A. Coke, execu Tobacco Mouug Fast Hodgenville, Dee. 13. Shipments of Larue. Green and Hart couu-tv tobacco from this place is now av-eraging 50 hogsheads a day, Leadfng growers state that the next 10 days will see practically all of the tobacco grown in this district sold or stored in Louisville houses for sales immediately after the holidays.

Badly Cut With Stone Charles Atherton, the young son of Mr. William Atherton, 1516 West Second street, who was painfully injured by being struck on the head with a rock Sunday afternoon, is improving rapidly. The young man, in company with playmates was engaged in throwing rocks, when one of the missiles contributory negligence. At the time of the accident there were three or four men engaged in the work, and when the column fell, the other men were not hurt, ut Nischan was killed, leaving a wife and four children. When the case was called for trial, the defendant announced net ready, and filed an affidavit, and asked for a continuance on the g-ounds of the absence of J.

K. Vessels, who at the of the accident was superin'end-jent of tlvj company. Mr. Vessels is attending the bedside of his fa her, who is very ill, near Rhodcl'ia, Ky. The Be it known that "cafli ach and heart.

It is hardly as quick in Our duty ends with tell clination. They can continu comportablQ health, provided no" the drug in coffee is a poison that works directly on nerves, tioin destruction as whisky, in time, quite as certain. the facts. Individuals are, of course, free, to follow .1 heir own in-e the drug and pay the cost in physical suffering or quit -anay return to the disease (stomach, bowel, kidneys, nerves or heart) has not become the facts and offer an easy way toslip off the coffee habitnd not feel it. cup of oPstum is served instead of the coffee, it furnisbs the- deep ceul tor, against A.

L. Coke, a lee of: $100 was allowed the plaintiff's at tor-j chronic. It is our work to narrate If a good, hot, well-made brown beverage which turns "morning is there, with 'to a rich golden brown when cream is added and'all thrfj comfort of the fx thi3 increased and never-to-be-forgotten advantage. ney, ana tne master commission, was ordered to loan out for six months the! effect on stomach, nerves, bowels andheart is gone. In place day by day The drug-poison and its can be plainly seen the eff ccts of Ihe change.

The killing work-of the drug has een stopped. Nature What Shall I Get for Xmas? ed tremendously by supplying the needed elements Dame Nature requires balance of funds in his hands. In the action of L. D. Morgan against the city of Owensboro, the plaintiff filed an amended petition, begins to repair, and is help 'for it.

Try it yourself. Postiun. It is not necessary to take anyone's wort i I a package.) Then at the Postum (well made according to easy directions stating that the injury complained of; in the original petition was without! IV E1 HO i (and it will) keep on oiint of your gain toward health. If it shows wo to do her rebuilding. These elements are in Quit the coffee 10 days.

Use 'end of the ten days take ac the good comfortable road. There's no joy on earth a coffee victim, you'll apprec rightly used brings comfort. Health. If you have been enual to the ioy (24 hours in the day) of perfect liake money, and money ate it. Besides, health gives you power to plaintiff then admitted the affidavit to be read as a deposition as far as competent, and Judge Birkhead overruled the motion for a continuancp.

The attorneys for the plaintiff are Little and Slack, and R. A. Miller, and for the defendant, Bullitt and Bullitt of Louisville and Sweeney, Ellis and Sweeney. The opening statement of the case to the jury was made by Mr. Slack and Mr.

Keith Bullitt presented the case for the defendant. The jury in the case is composed- of J. M. Weatherholt, OUie Boulware, C. T.

Boswell, G. V. Clayton, W. A. Birkhead, Emmet Wells, Lafe Hale F.

Allen, W. S. Pot'er, C. W. Il'ayden.

William Martin and W. F. Drury. In the action of Eliza J. Burks against J.

V. Stimson, W. Howard moved the court set asia the order continuing the case, and order the report of sale confirmed allotting dower. fault or negligence of the of the wagon' upon which he was riding at the time and from which he was thrown when he received the injury. Keith Bullitt was sworn in as I member of the bar.

The case of John Ruby against the Eck Miller Contract company was set for trial Thursday. C. W. Hayden and Will Martin were empaneled as petit jurors. Wake Up! Is the all-absorbing question of the day.

It is' well to consider thoroughly everything before determining. We have a number of things to suggest which in point of usefulness can not be excelled, and in cost are commensurate with the purchasing ability of nearly all. Why not brighten up your home with a new: Buz, Center Table, Dining Table, Heating Stove, Rocker, Brass Bed, Iron Bed, i'riucess Dresser, liina, Kite ten Ware, Call nnt'. see our Xmas display. "There's a Reason" for Ask aboutfihe doll we are going to away.

Turley TOM OS JLji Garrison Spurrier Furniture In the action of John B. Lv.ldane, administrate against Mrs. Nannie Josephine Lyilunue, the final report of the adminisi.r.i.'or w-as filed, showing the disbursements of the balance in Cumberland Phone, Dental Society Meets Tonight The Daviess County Dental society will hold its regular meeting tonight at the offices of Drs. Kecne and Wil- Home Phone 763, SIS F. FOURTH.

Postum Cereal Battle Creek, S. A..