Times Herald from Washington, District of Columbia • Page 8

JFtjuflFW nr "i TtSv atsipr3wai iw! iT i -h THEj EVENING" TIMES, TUESDAY' xTFLY 31a 1896. SSSSSSOSSQa95QSiS5Sa9QISQSS9SSQSjlQ5St9aSQ9QSS99QQS WE HAVE a lot of $10. $12 and $15 Outing Suits inwhite-and fancy flannel and serge that have become broken in sizes We shall sell them as edd Coats at 5.00, Trousers, at $2.50. If there's one to suit you it's the cheap est garment you ever bought, Skeleton Serge Suits, Crash Suits, To.v Linen Suits, Pongee, Alpaca. Seersucker, and other thin coats and vests.

Gauze underwear, Negligee Shirts, and all other hot weather I I I 8 wearables at zero prices. eaTCBSKressraesrSC5 $1, 75c, and 50c Silk Neckwear 35c, or three for $1. I ROBINSON, CHERY CSS.SSSSCSSSSSSC55SSQQSSS59 Such orices a were never quoted before on high grade Clothing as we are quoting during this sale of the "Famous" stock. We purchased it complete for a small sum for cash, and are selling it right here at our own store at less than actual wholesale prices. For days the store has been crowded with eager buyers and when the prices are considered it is indeed no wonder.

Today will offer another opportunity' the like of which this city has never seen. DO NOT MISS IT 0 i NEW YORK CLOTHING HOUSE, I Seventh Street N. W. ESi SS Sa crd-is. during Augut, our.loro wl.i tioc at t.

lu. a 6 If you I know of is. ts I anything you'll bell! cljr need befcrc -j vou'll ie cir nceti ucicro lung a. out the hiu-u Iycui- rj Belt t'a go 1 1 turn of is the price huu We've made tj soiuu yviy luny ki ail lurnagu me siwro anu likcasu.aju Iiat ou want -j I is waj dmwiin price. "Evi-rj thing tj lurnsli a house." uui ucun r.

is good." P3 House Herrmann, i F-. "Liberal Furnishers," IT IS N. E. Cor. 7th and ISts.

r. 1333333333333:3:3333333333333 THE GREATEST OF ALL CLOTHING SALES. IVe are determined to close out every dollar worth of Clothing In our estxulUli-xneutHtltfts Ihmn cott of material Men's Suits, all tyle that were 10, and US, $4.90. Boys Suits that were J5, K. S7 arid 5S, S3.90.

Children's Suits that -Here SZ, J1 and SI, S1 .50. Ofllce Coats 20e Alpaca Coats 50c Boys' Linen Dusters "Sc lien's Linen Pants uc Men's Duck I'ants Men's htrco Uoan. ft" 00 One lotol odd Summer Vests 25c Blllc AlpaCACnus S1.40 tjilkroucieCoatanu Vest S2.00 COMB TODAV. H. FRIEDLANDER COR.

NISTH AKD STS. ELECTRIC FANS And Electric Lights for Little Money. JOHN R. QALLOWAV'S, 20 101 X. W.

I'lions 2S9. fi IT GOLD BOnOHT-nipbest priea 6- laUL G. BLOOM, KB i'a. Are, You Can Have a Good Time al Stewart's Summer Garden, 4th and Sts N. E.

(WaMdnctnn Brewery.) HEAR THE ORCHESTRION. WE CLEAN carpets thoroughly by our Dry Air method. Finest work guaranteed, and we insure your carpets also while in our care. i empire CARPET CLEAMHG works l-3SKais. uraur and ideasant and A L.

WM. 9 the bost of Wines COOL and Uquori at tue New York Buffet. JAMBS H. COSTELO. 4O8.101M Street N.

W. 0 8 8 Plenty of 'variety yet 1 in those $10, $12.50, and $15 suits, and the coats and vests from $15, $20, and $25 suits at GO. 12tfi and Sts. I GQSrSSSQQSQCS G55S55SS8SSS3 At the New York Clothing House The Famous stock sale now going on. i i i 1 The Rink.

100 or thesa solid oak TABLES 24x24 inch top, with lower shelf, polish finish, will be offered at the Rink TOD AT at This tablo Is equal to any 81.50 table gold. Our price today will be 08c. CASH OR CREDIT. LANSBURGH Furniture anl Carpet N. Y.

Bet. 13th and 14th. 32eS6XS003SOSS3es THE INDEPENDENT ICE yellow wagons deliver daily to all parts of the city aud Mount Pleasant their superior qualitv of KENNEBEC ICE at lowest rates. Office 910 Pa. ave.

and 3108 Water st COMFORT fORTHi INVALID AND TO LOVERS OK EASE. 0 different jiosltlons. Send for catalogue to W. L. PFEIFFER, 41? 11th St.

N. W. CfJAUCI Un Same as done at factories r.llrlmL.LIIIU and fully Guaranteed. QniTtlin vulcanizing, aud other reDalr nMLI work neatly ilono. Acme Repair and Bicycle 1749 Fenna.

Cyclists and Travelers should never be without ANTIKOLERINE (Tablets). The Fosit. e. Tasteless Cure for diarrhea, dysentery, colic, cholera morbus, cholera Infantum. No Cure So Pay.

DR. CZARRA'S PKIVA1E DI-sPENSART, No. Ta-ave. nw Washington, D. a firECIALTSf All chronic, nervous, blood and skin diseases, rheumatism, gout, catarrh, dyspepsia, liver, kidney, bladder and urinary troubles, piles, strlc nre, vitality restored.

A NEW METHOD for permanent and quick cure of private diseases aud woman's complaint. Free examination; confidential. Honrs 9 to 12 a. m. and 3 to 8 p.

m. Dispensary to everybody each FlJC-C. evening from to 8 p. m. No cnarecs.

BUT.PERKECTLY FREE. rBIKTKRS AKD BOOKBINDERS Stormont Jackson, rtWcis linen see utitt. u. 98c. II.

LIKE KNOT OF OLD Louis Kane Defended Two Pretty Young ladies. DID HE USE PROFANITY? The Judge Seemed to Think So, Although the Fair Wituetwea Declared Their Defender IludNotTUo CtiNu Dismissed A Muu llorderint; ou the Jlm-JuiUH. Chivalry is not dead; it still lives, even in the age or telephones, hikes, and cbewlue gum. Biutrain unci Ilajurd ttu brave, sans peur el satis rejirotlie, ure rt.liiLarnau.-d In a jouug uiuu who 'Wears guir stucklngs and creabed trousers, lu the tales or Chaucer It is told how knights went down lu plunging heaps of muu and horse under the laueu steel's cruel thrust for the smile of borne "lad ye falre," who from tapestried balcony viewed the tour-nejs that or ten led to death. Or such stanch stuff is Mr.

Louis Kane, who last Thursday battled ror his sweetheart agulust a. rabble who orfended her dainty ears with some nineteenth century luuguage, familiarly known to the initiated as "cuss words." It was In the twilight, the romantic gloaming, when fast fades the lights in est em skies, aud the stars gather brighter than diamond points in thcdarkenlng vault, pitting their flames against the moon's battered shield or gold, when Louis, seated ou the broad veranda of his best girl's Louse, cuniiiiuiicd and smoked cigarettes, while she hearkened to the old, old story us told by him. Across the way, at the cornerof Seventh and streets northeast, gathered a congregation of youths, who arc a menace to tho neighborhood, 60 a policeman sajs, with their brick throwing and genuine disorder. Tiring of trjlng to brain each other with stones, they grouped themselves in the sparse grass and related adenturesat school and at home, their narratives brimming with a prodigality or oaths. The waves of profanity drifted to the porch, chilling the conversation as Arctic currents swallow up warm streams from the south.

THE DISMAYED YOUNG LADIES. Miss rankle, that is the joung lady's christian name, began to retlreln dismay, as ulsodldhersisterMlnnfe, who was listening to the small talk of a young gentleman named Mr. Barry Allison. Kane aud Allison utter reassuring their fair entertainers went into a shop lu the neighborhood and boughtsomecigarettes, as a ruse, in order to make a reconoissance on the rioters. The rabble, executing a flank movement, udvanced to the gate or Uie house, and were there when the joung men returned, sIRl cursing.

Kane udUsed them to go away, and when Uie jeered he waded In, prepared to. adopt silentiric ring principles Id dispersing the mob, while the jouug Indies on the porch waed encouragement with their dainty handkerchiefs. Folkeinun Dalrjmple appeared and took the ring leader In custody, the assemblage melting away, leaving the ijuartet free to enjoy peaccrully wbat was left of a July evening, with Kane modestly wearing his yellow Jacket aud peacock feathers or prowess. There was a cequel, which began in Uie clerk's, office and ended In the police court today, the result of a warrant Issued for Kane by one of the boys, charging hlra with proranlty. Kane was In court early, with his friend, Allison, and Uie two oungladies, who were handsome and elegantly dressed.

Miss rankle used Kane's straw bat as a ran, and looked wearily sweet in the hot coarmes or the crowded room. Her sister is a tea rose in her beauty, with brown hair, winsome, pale, oval face, and stately carriage. Miss Frankie Is a carnation, with curling, dark tialr. scarlet lips, sweeping lashes er eyes of Spanish Jet color, and a saucy, tip-tilted nose. Her white, rieeey gown, trimmed in red ribbon, set off her dark loveliness, and she recjehed the silent homage of all the spectators.

Clerk Lum" Harper, who lias a penchant ror the beauUful, called the case as soon as possible, ror Miss Frankie was becoming indignant at her surroundings. When Uie information was read Kane pleaded not guilty. He 1b a good-looking young rellow, with eyes and hair not unlike his sweetheart. TUE BOY'S VERSION. Harry Somers said that be aud a lot or bojs were on Seventh street, wheu Kane, without any warning; Jumped in among them and began cursing; A.

11. MtKnlght, a red-whiskered man, said he, was passing with hi wire and a baby carriage, and heard Kane's pio-ruiilty. l'oliccnian Dalryraple testified that the boys hud given him considerable trouble, and Thursday evening, on complaint of Ki'iie, he arrested one or them. The officer said he did not hear any profnnlty from Kane. "No," Interjected McKnlght, "it occurred after you left." Miss Minnie wus sworn by the clerk, who used his sweetest tones lu asking her name.

She cooled her cheek with Mike Flynn's gigauUc palm-leaf fan as she related to Judge Miller the story of the eicntful Thursday night. "Now, Miss Minnie," said the judge, who has a horror of the garrulousness or females, "tell us In a few words what happened." "We were all on the porch, and Mr. Allison was talking about going down the river, when the boys got in front of the gale and began using bad words. "Swearing?" "Oh, yes, sir." She said Uicrc were fifteen of them, and declared that Uicir conduct was dreadful. She placed a wreath of laurel on Kane's curly bead in relating fervidly how he tried to put the boys to rout.

She could not remember thathe used any profanelangunge. Then came Miss Trankle. Bravely she defended Louis, claiming for him absolute innocence. "So jou didn't bear Kane swear?" asked tbe court with a covert smile. The witness arrogantly flung back her chin and said, "No." "Wasn't he a UtUe worked up?" queried his honor.

"Oh, he might have been a little nervous on my account," she answered, petulantly; as the bailiff escorted her away. Kauesjld that for the young ladles' sake. 'oYa'oToTnro'B ferya'a'oTTo'o'o'o'o'o's'y 83 of all deafness is caused by Catarrh. To cure your Catarrhal Deafness first cure your catarrh with Booth's Hyomel Pocket Inhaler Outfit, a the Australian Dry-Air treatment. ,0 I "CURES RYJNHALATION." I 3 At all or at office.

Consul- free. Send for Jne pamphlet. R. T. BOOTH, S3 E.

20th St. New a aMnfciSiaRgxa OSSBSSQSQSQBQQ9SSaSQlQQlBSe UmbreHa Sale. 75c Gloria Umbrellas, 47c. JL03 Gloria Umbrellas, 73C J1.50 Fnro Silk Umbrellas, silver trliunie.il handles. 97C 100 Men's Pino Gloria Umbrellas, with steel rods, worth ll.M, for ft SO6 7th Str Bet.

and I. 1924-1 92B Pa. Ave. who were horrified at the proranlty, ho tried to persuade the bos to leave, but they answered him with more oaths. "I guess you were doing a little swearing joursclV said the court.

Kano very emphatically said lie wasn't. "Case dismissed," said the court, and as the four young people filed out.MikcFlynn, In the corridor, toftly whistled Mendelssohn's Wedding March, positively refusing to take back his fuu, and sa)ing to Bailiff Hooe that In all his long experience be had never seen two handsomer women in court. 'Willis J. Masedull," sung out the "jou aro hereby charged with tlciug a house to a tree." "What's that?" asked Judge Miller; "tlcluga house to a never heard of such a thlug." "I meant to sjy horse, you honor," replied "Luin" Harper, correcting himself. Policeman Green made the arrest, and It did not take the court the hair of a second to dismiss the case.

A LOSING BATTLE. John McCoy, alter years of lighting the enemies of bis country iu tbe late war and In Indian campaigns, is waging at present a losing battle against rum. Policeman Bell round him last night seated on dry goods box, shrinking with rear at every footfall, and striking at imaginary objects. "What's the matter with you, old boy?" said Bell, propping him up. "Have you got 'cm?" "Bight oblique," answered McCoy; "fix bayonets, charge," and he made a wild plunge off tbe box uiion the pavement.

Bell gathered him in and made him comfortable iu a cell, where John fell into a drunken sleep. This morning, when he had a ten mln-ules' audience with Judge Miller, hlu nerves were in tatters, und bis condition attracted the court's sympathetic attention at once. "This man is in a bad way," he said. noticing McCoy's face and hands twitching imoluntarity from drink, or, rather, from the lack ot a morning bracer. "Yes, sir," answered Bell; "I think he needs treatment.

He's been on a terrible spree." "'Ginilcmln all," trembled" poor Mac, "It's rolght air, an' If I don't git a throw ot Iikkur soon, me iud will shurcly coom." "That's a good expression," commented-the Judge. "A throw of liquor; that Is all whlskj does throw, and throw you down" deep and everlastingly' The old iclcRin to weep maud-llngly aud cross He said he came from and was in Wash ingtou after pension! "It would be better for you old soldier, if jou would getj our pension at long range. The air of this city doesn't seem to agree with remarked the court. "I am going to dismiss the charge or vagrancy against jou, ai. you to the hospital for treatment." John Dangler, barlyjoung man, who had to answer a sirsilar charge preferred by Officer Mason, fold the court he engaged hlmseir from break! of da 3- to sunset, picking chickens.

'Ticking 'em how?" demanded Prosecutor Pugh, who isia rancler in fowls, and could relate many heart-rending stories or depleted hen roosts. "Pickin' their feathers off, of course," said Dangler. Mason, said the defendant, never worked. "Instead or picking chickens," smiled who has a sense or humor, "he's nlwajs picking drinks." The policeman was a little too zealous in his prosecuUon, for he stated urtherthat he saw Dangler every trick of duty, aud the prisoner was nlwaysvldle, and generally drunk. "On one occasion," continued Mason, Importantly, "I saw him coming out of an alley, carrying two kegs of beer." "Full?" asked the court.

"No, sir," replied Mason, sheepishly. "Empty." Mr. James of James A Sons poultry dealers, said Dangler had worked for tliem for two years, averaging three days a week. "I can't hold a man as a vagrant," said his honor, "who works part the time and gets drunk part of the time. Case dismissed." CAME AFTEH A PRISONER.

Sheriff Underwood Trams Klnir Returned to Upper Marlboro Jnll. Baltimore, Julj 21. Shcrirf Underwood of Trince George county came to Baltimore j-esterday for the purpose of taking Richard King, who is confined in Jail here, back to Upper Marlboro, but returned without Mm. King wasarrested some time ago, charged with causing the death of Jmnes Crooks, near Upper Marlboro. After lie was lodged In jail, the Jailer, fearing that his prisoner uilght be lynched, brought him to Baltimore for s-ife keeping.

Warden Bailey declined to permit Sheriff Underwood to remove the prisoncrfroui the Baltimore Jail without an order for his removal from the State's attorney ot Trince George county. The sheriff said that there is not the slightest danger that King will not be given a fair trial in Trince George county. He returned to Upper Marlboro j-esterday and expects to get an order from the court for the return of King to the county Jail. HIG SALARY AND NO WORK. General Manager "Warren of Great Northern Gettt Indefinite Leave.

Chicago, July" H. Warren, general manager of the Great Northern Railroad, at St; Paul, was jesterday deprived of hlsj oslUon, and James M. Barr assigned to his work, under the title of general It was staled ntthe offices that Warren had been granted an indefinite Icave-bl absence. This statement was jnadj, however, because Mr. Warren Jias a contract with the companj', undefl Which he wilt draw salary for the next Uireetears.

He has disagreed -with PresidenillHH with regard to 'the pollcyot'the-rotid, and "will not'agam 'be employed by the cMuyany. Atluntlo-Clty'-Cpe May ny IL O. R. Fridays und Antrirdnyll m. and 12 'mr Round Good returning anUl Tuesday- i 4StSr a 9 -98c.

iJJJUIIWll 11 DLL GETS JUDGMENT FamQuSfiAsplialt Suit Decided Against Barter Company. LARGE SUMS INVOLVED Most of tbe "Work TTns Done on Streets in Thin City Case Woh lle-'jjuu in 1 883 und lias Been Fought "Uurd Through the Court DefeuiV autu Will Appeal. A. suit which wilt probably Involve a set-Uement ot several million dollars' worth ot work done on the streets of Washington has Just been decided at Buffalo, N. 1'.

The payment for the work here has already been made out ot the public funds, So that nothing more tan be asked from the Commissioners. Suit may be brought against them, but they are protected by bonds. The settlement will be between the contractors nud the claimant. The case referred to is that of Gen. W.

W. Avcrill, the well-known aalry leader of the civil war, against the Barber Asphalt Patlng Company. It was begun in 18S3, and has been fought hard through Uio courts. Gen. Avcrill got a Judgment at Buffalo a few days ago for half million dollars, and suit will be brought at once here and elsewhere to recover amounts ranging in Uie same neighborhood.

There Is hardly a large city in the country that has not had more or less work done by the Barber Company. The total amount likely to be recocred by Gen. Avcrill will approach His claim good only for paving done prior to 1887. The litigation at Buffalo establishes, in the Judgment of the court there, thatUen. Averill is the inventor of the American process which made practicable the use of asphalt for street paving, and therefore has a right to a share in all profits from la lug such streets.

The patents he ob-. talued have been used, It Is held, but he has been excluded rrom participation in the proceeds. Gen. Averljl is well remembered among public men here. He was also well known at the Patent Orfice twenty years ago.

He was busy with experiments in asphalt paving aud spent a great deal or money before be segured a method of laying tbe Trinidad product which would give a satlsractory'strcet FIRST EXPERIMENTS FAILED. There had been, up to tbe close or the civil war, many efforts to use asphalt Tor street paving in this country, but ill success attended all or them. About tbree years after the establishment of peace Edward J. De Smedt, a Belgian chemist aud graduate or the University of Brussels, came to New York. He had beeu employed under tbe French government laying asphalt streets in Pans, aud the work was attracting much attention.

The oid Nicbolscn paement ot wooden blocks all through ibis country was weiring out and falling into disfavor where It bad first beeu putdown. The best euginecrs were looking for something better, though a god deal ot Nicholsou wus still going down. The trouble with the asphalt had beeu Uie same as with tbe wooden blocks it wore out too fast. Tin: work iu Purls seemed to stand the test better than any that had beeu previously tried. By regulating the loads hauled over it, and tbe width of tires, it appeared to be possible to have a pavement that would wear almost indefinitely, withrrasouableexpcuscforrepairs, and that was the very thing that street-builders had beeu looking for.

Mr. De Smedt became acquainted with Gen. Averill, who had. In 1869, retired from the office of consul general at some Southern place that gave him information about Trinidad. With Gen.

McClellan, Gen. Gllmore and Gen. Wright, of the government corps or engineers, he examined specimens or Mr. De Smedt's p.nement and saw it In use in Paris. He became convinced or its success, und induced a number of friends to Invest their money with his own in an effort to put It on the American market.

He got contracts for paving certain streets around the Eattery and Central Park in New York city and the usphaiewas put down. It was a' distinct failure. Partly owing to the difficulties of regulating teaming over it und partly owing to differences rrom Paris In climatic conditions, amount or rainfalls Intensity of freezing, the paving broke up so badly within a year that it was necessary to renew practically all of It In order to have solid streets. The experiment there cost Gen. Avcrill mid his friends $40,000.

8UCCESSFUDPAYEMENTDISCOYERED. But he whsTiot discouraged. He had made a good many laboratory experiments with the material lilmscir, and he rejected some of Mr. De Smedt's conclusions. He continued Mr.

De Smedt iu his employ to conduct practical work and aid lam, but followed his own ideas. Inthespringof 1873 he perfected aproccss and got tonsentof the New York authorities to lay some more paving. He put down a block on ruth avenue, between Braodway and Twentj--fifth street, alongside the Worth Monument, and It stood tl test. It wore some, of course, as such pavement still does everywhere, and repairs had to be made: but they were comparatively so slight that it was recognized that success-had at last been achieved witlt the material That experimental pavement was in use with ordinary repairs for fourteen years. Gen.

Averill, as well as many others, recognized at once the value of his discoerj- and leased part of the lake on the Island of Trinidad, which has been the chief source of supply of asphalt. He thus got control of the entire Importation of the material to this country. Prom the time of laying the block in New York until 187G he was busy in pushing the patents for his process. He claimed and seems to have proved to the satisfaction of the Buffalo court that the scen patents originally granted to Mr. DeSmedt did not give satisfactory results.

While his own patent was pending he got a contract to lay Ids pavement on Pennsylvania avenue here, and in 1870 laid on Washington's great thoroughfare the first practical, satisfactory asphalt paving of any extent ever put down In this country. It is substantially the same pavement that now covers that street. BARBER COMPANY FORMED. The success of the wdrk attracted the attention of Arazi L. Barber, then a coal dealer of large means.

While the pavement was being laid the direction of Mr. DeSmedt, as an etnployeof Gen.AverilKthe former suddenly gave up bis place to become inspector of pavements Tor tbe District. Gen. Averill says that lie at the same time signed a contract with Mr. Barber and Andrew Langdon to lay pavements throughout the country, and they went to work by the Averill process.

No patent had yet been issued to Gen. Averill, but the matter was pending In the Patent Office, and the proces3mwas.of eourte. protected for the the letters were finally issued on January 14, ihiS. Work: by Mr. Barber mid tils associates, who had go I to work extensively, was stop-ped'lb)' injunction.1 After sotne delay in coming to terms between 'the parties was formed, knnwnns the American" Asphalt Paving Company.

Mr. Barberowued third Interest, and was' Who knows a good thing? "1 aw a ill Large Five-drawer Oalc-Chlffcnier; a bargain. Mayer Pettit, l.i.LIABLK OUTFITTER. 415 Seventh Street N. W.

a tru.tee and chairman pt tbe executive committee. Hou. H. H. Parker and Gen.

Martfu T. McMahon were among the stockholders. But soon afterward, according to Ueu. Averill's statements, Mr. Barber and his rrieuds got Control of tbe company, and destroyed it.

They then substituted Uie Barber Compuy, got two of tee De Smedt patents for $50, extended Uie claim on onc-of them so as to coer the Averill process, and commenced business. Gen. Avcrill wis thus practically "frozen out," and excluded rrom all participation iu the profits arising from his work and investments. In 1883 Gen. Averill brought suit, with, the late Gen.

Thomas Ewlng as his counsel, In the New -York supreme court. Tbe matter wus first brought before the lata Justice Vau Vorst, who died while It was pending. It was tried ugain berore Judge Edward Patterson, and In 1887 was decided iu nearly every point in the complainant's favor. Mr. George B.

Morris was appointed a referee, to uscertaln the profits due Gen. Avcrill, and Mr. Theron G.8trong receiver. Mr. Barber appealed to the general termotlhcNewYorksu'prcmecourt, and was beaten there also.

FIGHT HAS BEEN A LONG ONE. The referee's report, just-confirmed by Judge Lawrence, at Buffalo, gives Gen. Averill $476,197.18, antTliis friends here, in army circles and outside, are rejoicing. Iu his long contest he has become greatly reduced In mean, and In addition has fallen into bad health in old age. His judgmentis only for profits up to 1S87, as his patent expired then.

His attorney claimed a share In profits on contracts made prior to 1887, but to be executed after that date. This was disallowed by Uie referee, and it Is understood Mr. Edward Hassett, who tcok hold as attorney after Gen. Ewing's death, has suggested an appeal on that point. It is doubtful if such action will be taken.

The American Asphalt Paving Company in 1894, in the process of litigation, went iuto the hands of Gen. AWon G. McCook as receiver. He has brought suit against Mr. Barber Individually and against the Barber Company in New York anl in West Virginia for its infringement of the Averill patents.

It Is understood he will bring suits also against all dtics where the paving has been put down, and force them to have recourse to their bonds from the Barber Company to protect themselves. At the offices of the Barber Company here Uie officials said they knew very little of tills litigation. It had been going on before, and Gen. Averill had obtained Judgments on other occasions wlthoit effecting anything. PRESIDENT GREENE'S CLAIM.

New York, July 21. Bcgarding the filing of a Judgment for nearly half a million dollars in favor of Gen. W. W. Averill, represenUng certain profits of tbe Barber Asphalt Company on work donein Buffalo, Col F.

V. Greene, president ot the company, said, In a signed statement prepared for the newspapers: "So far from Averill baving'a Judgment against the Barber Asphalt Paving Company, this company has a Judgmentagalnst him, in this Identical case, which judgment is final, and was given with costs, which were recovered against Avcrill after tedl-oussupplementalproccedings. Tbelanguagc of tbe court in its decision is that the Barber Asphalt Company has not done anything in tbe premises contrary to equity and good conscience. "bo far us this litigation concerns A. L.

Barber personally, the Judgment against him as been appealed. Gen. Avcrill sue. not in his own behalf, but as a minority stockholder in tbe American Asphalt Pavement Company, for tbe benefit of himself and the othcrstockholders. The majority ot this stock has loug been owned by the Barber Asphalt Paving Company, so that iu case the present report against Mr.

Earlier should be greater part ot the recovery would belong to the Barber Asphalt Paving Company. It is significant that none of the stockholders, ot whom there nre many, has Joined him during the fifteen j-ears of this lillg-atioii. "The suit was originally brought against botli the Barber Asphalt raving Company and Mr. Barber. As the Barber Company on appeal had judgment with costs.

It was Impossible for the referee to find against that company. He therefore selected cer tain contracts in the city of Buffalo the only ones of their kind which had been taken in the name of A. L.Barber person ally. In point ot fact, these contracts were executed by the Barber Asphalt Paving Company for Its sole account and profit, and every dollar received under them was paid to the Barber Company and not to Mr. Barber.

LOKING FOR A REVERSAL. "When these facts are brought before tbe appellate court on appeal a reversal of the referee's finding against Mr. Barber must follow Inevitably, from the decision of the general term rendered since the order ot reference was first made." W. W. Nlles, been counsel to the Barber Company since, the beginning or the suit, in 1883, said yesterday that the suit was brought originally against the Barber Company-and rour others.

"A ga Inst three of them the plaintiff failed," Mr. Niles said. "He recovered audgmenliat special term in 1886 against Mr. Barber, Uie Barber Company two other parties, that thej- scvcrallj- accounted for all profits made by thcm.jnr, cither ot them, from or by meansot the4 De Smedt patents and nothing else. The Barber Company appealed, and the general term not only reversed that decree, but gave final Judgment, with coats Averill, Tlie court held that Barber had never mndeAuy agreement villi regard to turning bver'the tumed over.

-Tti4y" were, and are absolutely worthless: and so sworn by Avcrill irt 1W 'as. i- to $5.00 Black firilliantine Skirts, CLARK'S, 734 and 736 7th St. N. W. TTTTmrniiiiiiHiiiiHiiMiiiiiiniiniiiimtc $10 SI2 SllltS I sis I Broken sizes in Plain, 2 Gray and Mixed Cheviots, 3 Cassimeres and Worsteds.

3 $5.90 i FOR CHOICE. 2 Your size may be here if it is it'll be the greatest bar- 3 gain of your life. I M. Dyrenforth I 021 PA. Avn.

x.v. Under Metropolitan Hotel. niiiiiiiiiiiiiniiiiiiiiiiiiiiiiiniiiiiiinlfj SfiCSSSG CSfiSefiSS9 Merchants, make your Store Cool. A coot store is a "drawing card. 0 Folks will shop wjiere it' olest.

ft Keep the store cool by electricity 0 0 by electric fans. '1'lione us atxmt a 0 the cost of the current. You'll had Sit a cood investment. JJ U. S.

Electric Lighting 8 213 14th St. 'Phone 77. 659QSQSSSSSSSS9SSSSCSSSSQ esQSSsesgsseaQGSiQQS 98c for 22a Brliliantlne Dress Skirts, fu'l 0 width, well lined, velvet bound. 0 Ivfe 004.906 Seventh Street. WE Sell Coeds Cheaper Than Any other Clorhlne House In tho World.

BUT FOR AfcH ONLY Men's Suits, AH Wool, ADLER'S, 7th St. aud Mas. Ave. N. W.

33333333333333333333333333 I Duck a Excellent anility. i5 ri Serge oft 3 aii-wool. oattMsi; a-cu jiua-u. jj LeCL'L'EEECELCEEiEEEEEEEE WA I-ear's 25c bottle ltuot Ilctr. Sc bure-catch Fly I'per.

2c sheet. 15c boxes Toilet Soap. 7c box. Best Mixed Cakes, lie lb. Best Large Lump Starch, -tc lb.

31 uoxrs cigars, o-jc. JOHNSTONS St. YOUR OLD SUIT we'll transform into a new one for ONE DDL- LAK. We clean and press In the most approved method. also dye jnd repair and guarantee nrst-class orlc a 'Phoue, in.

W. A. HA. KIT. 705 9lh SU N.

VT. A $300 Upright Piano, Full 7 1-3 Octave, in perfect order and fully guaranteed, with Stool and cover complete, For Only S1 50. This Is only oue of tha many Kfaordinary bargains that we have In our salesrooms. Wa sell for cali. on short time, or easy uioathly pa menus aud offer special Inducements in urder to reduce our lame stock Pianos this sauuncr.

You arc respectfully Invited call. John Ellis Chickering- Piano Rooms, 937 Pa. Are. TAKE A TflNir TllOs. K.

S1IAW. Seventh and I Sts. Tills desirable house, located on sw. corner of 18th St. and Oregon avenue will bear Inspection, containing: 11 rooms, finished In California redwood, handsomely decorated.

Modern In every de-Jall-tiled bath, sanitary plumbing: on lot 20 ft. front. Price cost owner, $10,500. For further information call or address TIMES REAU ESTATE-BUREAU, Tenth St. and Pa.

Ate. SBfcJW yWsrs 'i.