Altoona Tribune from Altoona, Pennsylvania • Page 5

i MORNING TRIBUNE; THURSDAY, SEPTEMBER PLEASED IT. "THE GREAT DIVIDE." i court. Plaintiffs attorney claimed that the appeal bad not been sued out within the. twenty days allowed A Visiting Concrete Engineer Pays a The Store Will be Open by law, and therefore defendants had Visit to N-ake Altoona. lost the right of appeal.

The court Mr. Edward P. of Trenton, all day rnday. AND JUDGE BELL QUITE BUSY reserved Its decision. N.

who ha been a visitor in Altoona for some days past, on Tues I lA-vlefw for a public road in Logan "I and Ant is townships was set aside, because the county commissioners and township supervisors ihad not re day over" the work now in progress at Lake Altoona. Mr. Cow-ell -Is a concrete engineer and made an examination of the work which is now beipg done at the reservoir, in this line. He expressed the opinion ceived the notice prescribed-by law, In the electment salt of the OPEMNG George Over heirs against Walter Lindsay, defendant was directed that none could be better and that D. M.

Bare Paper Co. Gets Verdict as Defendant 'j in Damage Suit. to file all special and equitable mat the persons who were overseeing the ter, on which he relies as his de work were well up In tne business Attraction at the Mishler Last Even- Jng Was a Brilliant One. The Altoona theatre goers have been specially favored with stellar and high class productions at1 the Mishler. theatre this week but none made a bigger hit or was more appreciated than "The Great Divide," presented last evening by one of Henry Miller's very excellent Jhe show itself is famous as one of the big successes brought out during the past couple of years, and which has seen long runs in the more metropolitan cities.

It was witnessed here last season when ren-dered by an able company of dramatic artists, but last evening its rendition was better, a trifle more artistic, and was reveived with greater pleasure and appreciation. The play Is a 'western one, with the scenes laid in southern Arizona amid the gold hills. The staging is perfect and this lent realism to the portrayal of one of the prettiest dramas that has ever been produced fence. He was particularly Btruck also with Court will reconvene this morning DAYS at 9 o'clock. K1TTANNING POINT SCHOOL the plans of the reservoir as they are being worked out and expressed the opinion that, taken in its entirety, the dam will be one of the finest ever Deaths of a Day Mr.

Cowell was also impressed with the Jocation of the big basin and of Thomas M. Powell. Was Subject of a Rule-Ver- diet for Altoona. Ball Club Is Confirmed. the great amount of water it would be capable of "holding when complet Thomas M.

Powell, the well known East Twelfth street merchant and an estima'ol-j citizen of the city, died at his homo. 1502 Sixth avenue, at 9.50 ed. Another point which interested him was the flood water channel, in eluding the tunnel through the hill, o'clock last night of pneumonia. He had beei in failing health for several CONTINUE The store was crowded all day yesterday with people who were anxious to see the new goods. The millinery section was the Mecca for the ladies, because the fame of our hats extends far and wide, their style and beauty winning the admiration of every woman who sees them.

The present stock includes some of the handsomest hats we have ever shown you, the leading Paris modistes having contributed their best models, to which are added many and lie was most favorably impressed with the preparations which had here. The audience, was not what it should have been, but it was held years and Saturday at noon he was compelled to take his bed and grew been made to carry off the waste wa ter which might come from houses tight in the grasp of appreciation from the rise to the fall of the curtain as the story was unwound. rapidly worse until he passed away, which are on the property 6i the rail- Toad company. This pipe is placed The whole story is one of love, a Deceased was born in England July 24, 184) and came to this country with his parents when a boy. They under the flood water channel, is pretty and interesting one, between Ruth Jordon and Stenhen Ghent, the carried through the tunnel and settled in Somerset county, from (These legal matters were heard in the county court yesterday: In the case of Harry A.

McFadden against Barbara Hart, executrix of Joseph Hart, deceased, a motion filed by plaintiff for a new trial was argued. The plaintiff had sued to recover $750 for legal service rendered da-fendant. The jury awarded him a verdict for $200 and four years interest. Plaintiff asked for a new on the grounds that the jury had disregarded the evidence of six lawyers, who had estimated his services to be worth the full amount of former a eirl that went into the arouna tne, scoicn run Dasm, ana which place they removed to Dudley, golden west to reap wealth with a'emPties into the main channel below brother, and the latter one of the'LaKe Altoona. mis system is en Huntingdon county.

Mr. Powell came to from that place about eighteea' years ago and entered the employ of the Pennsylvania Railroad wild westerners, rough and raw, but I "rely distinct rrom tne flood cnannei with a heart as good as the gold that itself. lay beneath the hills of the Rockies. i The rnles were assnmpii hv Tiaa Ma. Companies to Consolidate, compaiiy, working in the wheel shop He held this; position about one year bel Brownell, a young I woman of! Harrisburg, September 23 Articles arnd Vicn entered Into partnership whom the sfcize will siirelv hear mnre consolidating the Wyoming Gas and with H.

J. McCauley and engaged in from in the fntiiro.as Rh nnsspssps Electric company and the Luzerne the tobacco and candy business at sterlinz ability and dramatir art. County Gas and Electric company, Ninth avenue and Twelfth street. Later he bought -out Mr. McCauley and sixteen years ago started in the She won the hearts of her audience were filed at the state department by her finished characterization of tnis morning.

They stated that the her role and was ably supported by new corporation shall take the name clothing business, and for the past six Mr. Edwin Morraunt. The rem an- or ine uuzerne county company ana teen years was located at 815 Twelfth street, in the Ramay building. He der of the company was in keeping have a capital of $2,000,000. P.

Curtis, nt.M J.1U! 1 1 I i witn tne production and tne play will i jrnnaaeipiijci, is uie iiretiueui. was a'tso a stockholder of the Citi win additional laurels this year. rr zr zens' Light company and the Standard Ice company. He was beautiful creations from our own workrooms. It is difficult to decide which received the larger amount of praise, yesterday, the Paris models or those of our own artists.

We believe, however, if a vote had been taken, that the home created hats would have been favored with a large majority. We are making a specialty of $3.98 and $4.98 hat, the larger portion of which come from our workrooms. They have all the grace and style of the high-priced models, but come to jou at a big price saving. Look these up, to-day see what extraordinary values we are giving at these popular prices. Second Floor.

his claim. Defendant joined in tne request for a new trial, alleging that five jurors at the first trial were in favor of ignoring plaintiff's claim, but that they had allowed themselves to be overly persuaded by a juror, was a friend and client of the plaintiff's attorney. His honor took the view, that the verdict was a good one because both parties were dissatisfied, and accordingly overruled the motion for a new trial. A rule was awarded against the Logan township school hoard, to show cause why a suitable and convenient school house should not be erected at Kittanning Point, and also to show cause why they should not be relieved from office for failure do so. A demurrer was argued in the suit To Edmund Trlmbath, of Dunbar, xi.uuuo au lumiau uu uj.

Fayette county, and Mary C. McCur.ly, member of the Methodist Episcopal chhrch since boyhood and at the time of his duath was a member of the Eighth Avenue Methodist Episcopal short notice calling cards neatly of Altoona. printed or engraved. Call and seel To Samuel Calvin and E. Jean Con- samples.

You will be pleased. dron, both of Hollidaysburg. church. He was a member of the Coalmonl lodge of Odd Fellows and cne of the Sons of Veterans camps, of Huntingdon county. He was never married and is survived by three sis ters: Miss Amanda H.

Powell and at Specials Friday Mrs. Mary 13 Norris, of Altoona, and Mrs. S. A. Williams, of Bellwood.

His brought by W. L. Shafer against the parent' preceded him to the grave Roaring Spring Blank noon compauy, waintiff had sued to recover dam grave so ne years ago and he, is also survives by these nephews and nieces ages for the loss of the fingers of his h.t haul which were lornied off Milton Austin E. and Elta May Williams, of Bellwood. The funeral arrangements will be announced later.

while he was operating a paper cutter at the book factory. The accl-jont rtcriirrert on August 4. t900, Don't Miss the New Draperies. Andrew G. Parkhurst.

when Mr. Shafer was a 14-year old fc When the voune man became Andrew G. Parkhurst died at his home, 711 Eighth street, at 7 o'clock 91 iroare! niri he pntered suit. In be yesterday morning of a complication of diseases after an illness covering half of defendants, W. I.

Woodcock, interposed tne bar of the statute of limitations, as suit should -have heen brougiit within two years a period of several weeks. Deceased was a son of George and Elizabeth Parkhurst, deceased, and was 'born at accident occurred- Attorney You will want to see the many new and pretty draperies that we fiave on display during opening days. All have been selected from the best and leading makers and picked with such great care, that only the most stylish and desirable goods have found their way into the collection. Everything is marked at a fair price, which means that you will save money on whatever you may choose to buy. But we war.t you to step up to the department and see the goods, regardless ofmwhether you want to make a purchase at this time or not these arc "looking days" we want you to feel free to come and look as much as you please.

Hagerstown, on October" lit, 1858. He came to Altoona twenty-five years A. V. Dively scored the Pennsylvania the legislature for passing laws itr and stated ago and had since been a resident of the city. He entered the service of Interests oi corporations, state in tne that this is the only the Pennsylvania Railroad company statute- umita- union, where the and at the time of his death held the position of foreman of one of the lons runs against the claims of minor wreck crews.

He was a member of Here is word of some of the things you will ree: St. Mark's Catholic church, the Pennsylvania Railroad Company Relief as wide 5c a yard. White Swisses, 40 inches sociation and was generally esteemed by all who shared his acquaintance, In 1884 he was united in marriage to 8c Miss Lucy Walker who survives him White Swisses, 36 Inches wide, a usual 10c quality. Special at White Swisses, 36 Inches wide, a usual 15c quality. Special at as do one brother and three sisters, Samuel Parkhurst, of Williamson, 10c 12Sc Colored bar Swisses, worth 19c a yard.

Special at Mrs. C. M. Smith, of Altoona, and Mrs. Mary McNeal and Mrs.

Anna Peltz, both of Harrisburg. The funeral will take place Friday morning, leaving the house at 8:30 o'clock FERD BENDflEIM'S CLOTHING STORE, Ilth Ave. at 13th St. Small lots which accumulate from time to time sell On Friday at such a ridiculous low price which will clear them out. If you have never attended one of our Friday special Bargain Days come Friday and see what's do'ng.

You buy this Friday: Boy's Black Sateen Waists for 10c Small sizes only usual 50c value. Men's Blue and Red Bandanna Handkerchiefs for 3c Not the small cheap cotton Print3 but usual 10c value. 1 Boy's Suspenders for 5c are the usual 20c grade. Boy's Sh rls With Collars Attached for 25c are the usual 50c grade Working Shirts. Men's Black and Tan Socks for 5c are usual 10c grade an-i are fast color.

Suits for Young Men for $3.50 Made of strictly all wool fancy mixtures double breasted style sizes 14 to loused to sell for $7.50 and $10.00. Splendid value for everyday wear. Boys' School Suits for $1.98 Sizes 9 to 16 dark mixtures, usual $3.00 and $4.00 values. FERD BENDHEIM, Ilth Ave. at 13th St.

You can get the cords and Guimpes to match the tapestries. Art Tickings and Cretonnes, 25c, 29c to 59c a yard. Nets, for sash curtains and door panels a new line of patterns, at 39c, 49c, 59c, 75c, 85o to $1.75 a yard. Cluny Curtains, with Arab or white insertion and ede 3 yards long Special at2 Couch Covers, made of tapestry 50 inches wide and fringed on 'all four sides. New patterns, at 69cv98c, $1.59, $2-25 to $7-98.

Tapestry Portieres, in all of the newest patterns and colors. $1.98, $2.75, $2.98, $3.50, $3.98 to $25 a pair. Scrim, in stained glass pitterns, 40 Inches wide and bordered. New for casement curtains. 29c a yard.

Second floor, west. and proceeding to St. Mark's Catho children. His honor dismissed tne action, as the plaintiff's rights had become barred by the statute. The trespass suit of B.

J. Akers vs. the D. M. Bare Paper brought brought to recover $12,000 damages from the pollution and contamina-tion of the stream above the Akers -mill, resulted in a verdict in favor of the plaintiff for $200, subject to reserved points held under advisement by the court.

The question on the reserved points was argued yesterday, and judgment for the defendant directed by the court, under the following decree: "September 23. 1908, argued and judgment for defen -iant non obstante veredicto." By the court. In certorari suit of Christian Mul-hollen against Newton P. Royer, the court decreed: "When a magistrate reserves his decision the much more preferable practice is that such re-eervation should be to a day and hour certain. If such reservation Is to some uncertain time, then the record should show affirmatively that the par- ty against whom judgment is entered, had had notice.

Te judgment is reserved." In certiorari suit of John Weber against H. H. Figart, the court affirmed the magistrate's directed that no further process issue lic church where mass will be said at 9 o'clock. Interment in' St. John's cemetery.

Harrisburg and Hagerstown papers Mrs. Rachel Donnelly. At her home in Canoe Valley Mrs. Rachel Donnelly died on Tuesday ev Figured Sateen, fine quality, 36 inches wido and worth 19c a yard. Special at J2C Cretonn, for covering boxes, cushions, making curtains and covering floors.

10c, 1220, 19c, 25c and 29c a yard. Silkollne, in figured effects. Choice of many different patterns and colors. a yard. Tapestries, for chair coverings, in a new line of patterns and colors, that has just been received.

50 inches wide, 49c, 69c, 98c, $1.25, $1.49, $1.59 to $5.98 a yard. ening. Mrs. Donnelly died after an illness of four weeks, the result of a general decline incident to advancing years. She was aged 73 years, '9 months and 28 and was born in Jackson township, Huntingdon county, being the only daughter of James Stewart.

She was married in 18CG to John Donnelly, who died April 14, 1906. Surviving her Is one son, T. Homer, residing at the old home in Canoe Valley. She was a member of the Reformed church for nearly sixty years and died in the hope of a glorious resurrection. The funeral services will be held at the Kellar Reformed church on Friday "Graustark" for 45c.

People who saw the play 'Graustark," will surely want to read the fascinating book and thus have the play more strongly impressed upon their minds. We still have a supply of this wonderfully interesting book to go at ACr the popular price of You will find it to be the same as the regular, $1.50 edition the complete work at less than one-third the? regular price. A Toilet Soap Special. Williams' Jersey Cream Toilet Soap, is a fine preparation, that is made to sell at 15c a cake, or 50c for a box containing 4 cakes. We have secured a special lot, put up with a nickel soap box in each 4 cake box.

This box is alone, worth 25c and is of such good material that many people prefer it to one of all silver. While this lot lasts, we will offer the 4 cakes of soap and the nickel CAr box for OUC A saving: to you of 25c on each pur-, chase!" First floor, front. morning at 10:30 clock. Mrf, Elizabeth Carr. Mrs.

E.habeth Carr, a native of Al-ioona, and the wife of Charles Carr, formerly of this city, died at her tome in Philadelphia at 10 o'clock yes i Basement Eye Troubles William F. Gable Co. William F. Co. until October lo.

In the suit of the Altoona Baseball club against H. B. Kantner, wherein the club had obtained a verdict for $50 the value of a season's baseball ticket, the court over-ruled defendant's motion for a new trial. In the certiorari suit of Louis Snyder against Fred Beckman, the court affirmed the magistrate's judgment, because defendant had failed to sue oat the writ of certiorari within twenty days, as the law requires. The assessor of the First precinct, Seventh ward, Altoona; was directed to place the names of J.

W. Wolford, John E. Black, and W. H. Shafer, On the list of qualified voters, it appearing that they had county taxes within two years.

An appeal was allowed in the case of Frank Haid against William Hawk et al. The certiorari suit of Henry L. Hartzell against Elizabeth Sharp, involving a question of costs, was argued, and the court reserved its decision. Subpoena granted in the divorce Bult of Grace Viola Readdy against George McFearon Readdy. J.

E. Maats, charged with desertion, was sentenced to pay $15 monthly to his wife, for her maintenance. In the suit of H. H. Lampe vs.

Mts. W. A. Kantner, the defendant's demurrer was sustained, but plaintiff was granted permission to file an amended statement. The case of Rosa Nearnoof against M.

Arstin and Zeigler was terday morning. The sad news was leceivei by telegraph by Councilman Matthew Coleman, during the day. 7he deceased's maiden name was Leslie and she was born and reared in this ciy- A more extended notice will be given later. please copy. B.

Kennedy. Mr. A. B. Kennedy, of Huntingdon, father of Mrs.

William H. Ritter, of 1525 Ninth avenue, this city, died at his home Wednesday morning of kidney trouble. He was aged 76 years and had been in failing health for the past year. During the past month his condition had been serious. The funeral will take place from his late home at 2 o'clock Friday afternoon.

Death of a Child. Frieda Marie, of Philip C. and Mary E. Conrad, died at the home CHURCH OF GOD. East Pennsylvania Eldership Will Meet at Mechanicsburg.

I'lHEliHIDMIIUi of the parents, Lakemont Terrace, at 8:05 clock yesterday morning of maramus, aged 1 year, 9 months and 8 days. The funeral will take place at 2 o'clock Friday afternoon, inter The Moompanrinc illustrations do note Kgerate. They hom portray (ha ter-dutloiu that ao complieh dalix la ae fitting roam. The first represent the average heavy fig. ure in an ordinarily construoted and badly fitted corset The aeo end the same fljfure properly fitted in "ha tirecque" belt caraet.

Can often be corrected quickly and per-' manentlyby the use of proper glasses, and can be increased to the extent of ruining the eyes by wearing the wrong glasses. The Right Glasses At the right price, fitted to the eyes by a thorough optician, are the kind you get here, and our guarantee goes with every pair, which means satisfaction in every case. Try us next time. New Jewelry The newest Jewelry in every conceivable form can always be found here. Brooches, Bracelets, Combs, Hat Pins, Belt Pins, Fancy Neck Pieces, are here, in large selections, good quality and lowest prices as usual.

M. BERMAN, Reliable Jeweler and Optician, Eleventh Avenue. Expert Watch and J.welry Repairiif. Ail Wcrk Guaranteed. The East Pennsylvania Eldership of the Church of God will bold its seventy-ninth annual session in Mechanicsburg, beginning at 9 a.

m. on Thursday, October 8. The annual sermon will be preached the preceding evening hy the president of the eldership, Rev. J. C.

Forncrook, pastor of the Fourth Street Church of God, Harrisburg. The board of education of the eldership will meet the previous day, October 7. at 1 o'clock in the afternoon. Examination of the members of the classes in the course of studies will be held then. On the day following the eldership meeting, Friday, October 9, the Woman's Missionary society will hold a business session at 9:30 and 1:30 o'clock.

In the evening a public meeting will be held in the audience room of the church, when a special programme will be Tendered. This is the general anniversary of the organization of the society and specialties will be on the programme. ment to he made in Oak Ridge cemetery. Funeral Notice. The remains of James FanH, a former resident of AVoona, who died in Harrisburg on Tuesday, be brought to this city on train No.

47 this morning and conveyed to the home of his sister, Mrs. Dennis Boyle, 1505 Eighth avenue, from which the funeral will take place on Friday morning. The cortege will leave the house at 9:30 o'clock and proceed to Sacred Heart Catholic church, where mass will be celebrat price, La Grecque 1.50 no. No extra charge tor. fitting.

In the certiorari suit of A. P. Lampe aaginst Kate Heddinger, the magistrate's judgment was affirmed. In the divorce suit of John Emfield against Ethel Emfield, the defendant's attorney was allowed a fee of The guardian of the Mary M. Flanagan minor heir was directed to file an account on or before the first Monday in November.

In the divorce salt of Joseph H. Stoner against Catharine Stoner, the fee of the wife's atorney was fixed at $25. In the divorce suit of C. P. Weston vs.

Elizabeth Weston, the fee of the wife's attorney was fixed at $25. The court declined to stay the exe-cution of Johan Yingling against John Yingling. Juniata Baker against Mrs. Annie and David M. Thompson.

The defendants asked the court to stay execution in the sheriff's hands, sending an appeal to the supreme ed. Interment will be made in St, John's cemetery. Altoona Corset Shop 1129 12th Are. New To-day. Kline Bros.

First fall showing of curtains. Bringing Fires Under Control. Harrisburg, September 23 But two fires were reported to-day at the forestry department and both were from Clinton county. In other counties the fires are being rapidly brought under control, by the wardens of the state and local authorities. Gable k.

Co. Opening days con- tinue. Ferd Bendheim Friday Meyer jenasson Co. The "Jonas- son" wafct. Try the Tribune Want Column for Rcsu'ta Gas light is economlciL Leopold Bieley Have, you a boy?.