(atherton mew indiananyx.uky.edu/dips/xt7x3f4kmt8k/data/0016.pdf · col. stone and mr. gibson make...

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Col. Stone and Mr. Gibson Make Interesting Affi- davits in the Appellate Court This "Morning. . Claim That Col. Wooley Has Selfish Motives for His Actions in This Case. THE HAYOR INTERFERES IN THE MATTER. Evenlnc Post Special Service FRA'NKFORT, Ky., April 30. City At- torney Henry L. Stone, of Louisville, this morning filed in the Court df Appeals the foMowIng affidavits of himself and of Mr. Charles H. Gibson in reuponse to the mo- tions and statements of Attorney It. W. Wooley, made last 'Friday in the case of the Bourbon Stockyards Company vs. the Guy of Louisville: Henry L, Stone, being duly sworn, de- poses and says: I aim .the duly elected and acting City Attorney of the appellee, the city of Louisville, and as such it is my right and iny duty. In the language of the statute reatfng my oflice, "tu prosecute and defend all aunts for and against the city." I am ready and willing to perform end propose to perform my duty in this case, and I protest against the interter-enc- e of the Mayor of said city. In as- suming the right to delegate my rights, powers or duties to any other attorney,' and thus displace me Iri the due perform ance of the duties required of me by law. In view of the action of the Mayor in attempting to authorize another attom-- y to usuip my office, and In view of the statements, made in the brief of ,that in support of the motion made bv 'Wm to affirm this as a delay case, I tee'l U a duty to myself and this court to sub- mit the following further statement of tacts. So far as I am aware, R w. Woolley Esq., Is the only citizen of Lou sville who ba ever made any complaint about the obstruction of Bickel street bv the appel- lant, and It appears he made none until aster the lapse of many years. I am in- formed, and believe that the street had been obstructed, for at least twenty years before said Woolley made any complaint and then he became very persistent in Jiis importunities to the city authorities to take proceedings to have the obstruc- tions removed, and so far as I am in- formed, but for the importunities of sa'd" oolley no steps would have been taken to remove sold obstructions. When this litigation was started in the court below said Woolley volunteered his services, and assuming he was actios from proper motives, I permitted him in my name, to conduct the case, but with- out In any manner relinquishmg my con- trol over is. Tjntil about the' ilrrie the judgment was ea'-ri- d sao-..- "l "da' not Win Uwr snldtfWfcorify'liitf bee&' nego. "Ins- wv-j- i the appellant fojp the sus- pension of tthe'llflfetttlorf and 'the 'acqui- sition of Bickel street by the appellant on the payment of a large sum to said Woolley. This information was given me Ty Charles H. Gibson, who Js a director ns well as the. attorney of the appellant, Rnd aster receiving this Information I de- termined I would thereafter not permit the said Woolley to represent me or my client in the further conduct of the' I became and have ever since be;n con- vinced that said Woolley was acting from selfish motives, and that his ' real pur- pose was to coerce the appellant Into making an effort to secure the abandon- ment of Bickel street by the city and then pay him a large sum of money tor what he claims is his r'ght of reversion In the street in the event it is abandon-ed-th- e same having been dedicated to public use by his wise, now deceased, who was Mary Johnston. Under these circum- stances I determined to resume control of the litigation and not permit the city to be used as a means of obtaining any such resu't as I wasi satisfied said Wool-le- y was seeking to accomplish. Tae day before the Judgment herein was entered a meeting was held at the offlfte of the Board of Public Works which was attended by all of the meml bers of the board, the Mayor and myself on behalf of the city, and by the appel- lant's President, William R. Ray, now deceased, and its counsel, Charles H Glb-o- The latter in behalf of the ap- pellant represented that it was ready and willing to vacate Bickel street whenever the city was ready to improve it. so rnat it could be used as a stre-- t and offered to stipulate in advance that it would pjy the cost of improving the street The Mayor and two members of the board, Messrs. Grainger and Jefferson, express- ed themselves as being opposed to the improvement of the street on the ground that the expense of It would amount al- most to confiscation of the abutting piopery owners, who would have to pay the cost of it; that there was no present need of a street at said place, and 10 moke one at that time would impose un- necessary expense on the city in c eanlng and repairing it. Messrs. Jefferson and Grainger tated that they, as members of the Board of Public Works, would not recommend an ordinance, as the act for the government of the city required, rrr the imorovemenf of said street, and the Mayor announced that is the Council should pass an ordinance providing for ihe Improvement of said street 'lie would veto it For the appellant it was then claimed that to require it to remove the obstruo-t.on- s without grading and paving the street would leave it in an impassable condition, and make it Impossible for ap- pellant to use its property or conduct its business It was strongly urged that the "street could not be used without the bridges and other structures placed on It by aopellant, that the city ihad acquies- ced in the appellant's conduct for more than twenty years, and no possible inju y wa- - be,ng done to anyone by the ob- struction of a street which would other- wise be impassab.e. so Ion? as the c'ts s title thereto was upheld by the court. T.hc attorney for the appellant offered a draft of a consent judgment, wh'oh was in substance the same as the judgment entered except that it con'aiu-e- d a proviso that it should not be en. forced until the city was ready to improve Bickel ptreet. I considered this a fair and equitable way to settle the controversy, and so stated, but the .Mayor and Messrs. Jefferson and Grainier were opposed to a consent 'judgment, and 1 then altered the proposed judgment. o that it should not appear to he by consent, but as tho judgment of the court. It was then un derstood by all the parties that no ob- jection would be made to the judgment containing a proviso that It should not be enforced until the' city was ready to Improve Bickel street, and with this Un- derstanding the conference ended. On the following morning I learned from the Judge of the Chancery division, befoie whom tha case was pending, that he had received a message from the Mayor re- questing him not to enter the judgment which had beo-- so agreed to, and the Judue said he would not enter it. I im- mediately notified appellant's counsel of this communication from the court, and the judgment being submitted to the court, the proviso referred to was strick- en out. I was subsequently Informed that the Mayor had interfered hi at the solicitation of sa d Wool-ley- , and this strengthened me in my de- termination not to permit said Woolley to have anything more to do with the case. I have always stated to appellant's counsel that although otJher city authori- ties were disposed to abandon the sail street, I would not consent to it, for the title to the street was In the city by the judgment of the court, and I would not agiee to any arrangement concerning said street that would allow said Wool-le- y to obtain 'a profit or private benefit out of it at the public expense of losing said street, as I felt satisfied was his mo- tive in tills litigation, but would insist on the city's right to said street and to have it constructed whenever it chose to do so. I have been uniformly told by appel- lant's counsel that unless the appellant would pay said Woolley a large sum he would oppose the abandonment of the street, and 1 hive responded that so far as I had any right or r"'er I would oppose the abandonment k the street on those or any conditions. I am convinced that said Woolley'smo-tiv- e in instigating the movement against appellant was purejy Selfish, and that he Is not in good faith In attempting to represent the interests of the city, but Is seeking to control this litigation for the purpose of making a personal profit out of it. at the expense of the appellant and the city of Lquisvllle. Believing this, I do not consider it proper that he should represent the appellees, and I decline to abdicate my office in his savor. I wish to add tOiat H. M. Lane has only acted in this case at the solicitation of said 'Woolley, he never having been au. thorized by me to appear in' the case. ' Said Lane 'never had any authority f 'give notice of a motion, to affirm th's case, and I 'am informed and believe that the name "of ,H. M. Lane to said notice 'was in fact signed by R. W. Woolley, and that said Lane had nothing to dp with it. As soon as I iheard said notice had been given, I repudiated, it, and informed appellant's counsel that I would request tho court not to allow the motion to be entered. I am prepared and Intend to faithfully represent the interests of tho appellee.s herein without assistance from said R. AV. Woolley, H. M. Lane oi1 any other attorney, and insist on being per- mitted .to perform my official duties with- out interference from ithem. I expect and intend to file a brief for the appellees herein on the merits of the case, and within the time prescribed by .the rule of' tho court. No iequest has everlseen made to me by either of the ap- pellees or the Mayor. Charles P. Wea- ver, or R. W. Woolley, or H. M. Lane, to make any motion to affirm this as a delay case. But for my efforts the case would not have been decided as prompt y as it was In the court below. Aster the judgment below was entered there, was a motion for a new trial made, and jin amended and supplemental rep'y tendered and offered! to be filed, to wh'eh I obje"ted, and I alone filed a brief on the motions for a new trial, and to file the amended and supplemental reply. I have not at any time thought the appeal In this case had been taken merely for delay, but have believed that the ap- pellant's counsel in good faith consider- ed that he was entitled at least to i modification of the judgment appealed from withholding Its execufon until the cltyv should be prepared and desired to Improve Bickel street. HENRY L. STONE. Subscribed and sworn to before me by Henry L. Stone, this 29th day of Apill. 19()1. F. HEWITT WELLER. Ex. Jefferson County," Ky. MR. GIBSON'S AFFIDAVIT. I am the attorney of the appellant, and have had sole charge of its interests in this case. About, or soon aster the time this judg- ment was entered in this case, I 'com- plained to Henry L. Stone, City Attorney, of the city of Louisville, that the city was simply allowing Itself to be used in th:s case for the sole purpose of enabling Col. R. W. Woolley to coerce appellant Into the payment of a large sum of money to him. I explained I had pending negotiations with said Woolley, to endeavor to settle the litigation; that these negotiations con- templated the abandonment of Bickel street, the acquisition of it by the appel- lant and the payment of a large sum of money to Col. Woolley. I endeavored to secure Col. Stone's co- operation in having the street abandoned, in order that appellant might acquire it, even is it had to pay Col. Woolley a large sum. He declined to with me, but stated emphatically that he would have nothing to do with the matter, and further, that being convinced Col. AVool-le- y was acting from selfish motives, he would no longei- - pdrmlt him (Col. Wool-ley- ) to control the litigation, but would himself assume exclusive control of It. I urged upon Col. Stone that incalculable Injury would be done the Bourbon Stock-"yar- d Company is the judgment was en- forced, without Jmimfjllate' provision bein,g made for the, improvement of Bickel street, and that the'appellant could bet- ter afford to pay Col.' Woolley what he demanded 'than'submlt to suclv injury. I further told him, that so far as'l could see. the Mayor seemed only desirous of obliging Col. Woolley in the matter, and was apparently indifferent to in- jury about to be inflicted on the Bourbon Stockyard Company, and showed no dis- position to' do anything to avoid the in- jurynot even to improve the, street, when the Stockyard Company was asking to have it improved at its own expense. These and other roasons were, given, in the effort to secure Col. Stone's in relieving the appellant from; the disaster which threatened It, but he re- fused peremptorily to consider any propo THE EVENING POST. LOUISVILLE, TUESDAY. APRIL 30. 1901. sition which did not recognize the city's absolute right to the street, or which con- templated the payment of money to Col. Woolley. He again reiterated his purpose to assume exclusive control of the litiga- tion, and notified me he would insist on every right which, the city had In the premises. When I received" notice of the motion apparently given by H. M. Lane, that he would move to affirm this as a delay case, I conferred with Col. Stone, and was in- formed by him that the notice was un- authorized, and he would so inform the Court, and ask to have the1 motion with- drawn. For this reason I did not appear to the motion any further than to write the clerk and sully explain the situation, and ask that an objection be entered. Subscribed and sworn to belore me this 29th day of April, 1901. AV. N. LITTLE. Notary Public Jefferson Co., Ky. (My commission expires January 19, 1902.) NEZUELA Declares tha Arrest of United States Consular Agent Baiz Was Case of Mistaken Identity. NEW YORK, April 30. A dispatch to the Herald from Caracas, Venezuela, says : The incident relative to the arrest of Ignacio H. Balz, United States Consular Agent at Barcelona, was closed today. Consul Goldsmith, at Laguayra, sent to Mr. Russell, the American Charge d'Affaires here, a letter from the Vene- zuelan government expressing regret for the occurrence and exp.aining that it was a case of mistaken identity. ' The situation of affairs here is now quiet. TERMS OF THE STEAMSHIP DEAL Pierpont Morgan Pays 1,750,000 'for Controlling Interest in the Leyland Line. LONDON, April 30. A circular was issued this morning by Chairman Eller-ma- of the Leyland line,, in which the shareholders are informed that he has entered into a provisional contract with J. Pierpont Morgan for the sale of his entire- - holdings of ordinary shares in the steamship line, namely 71,000 shares at 14.10s per share for each 10 share, and that Mr. Morgan agrees to purchase on similar terms all ordinary shares offered before May 26. Holders of a great majority of the ordinary shares have, according to the circular, intimated to Mr. Ellerman that they will avail themselves of the offer of Mr. Morgan, and the effect will be that the purchasers will be- come owners of nearly all the ordi- nary shares of the American corpora- tion at a cost of upward of 1,750,000. Mr. Ellerman binds himself not to en- gage either directly or indirectly in the North Atlantic trade, either with the United Kingdom or the continent, e,xcept between Antwerp and Montreal, for a term of fourteen years, on condi- tion that the purchasers sell him the Mediterranean, Portugal and Montreal sleets and the business connected therewith at an agreed-o- n price. Mr. Ellerman adds that he proposes to re- tain his entire holding in preference shares, amounting to "over 1?0,000, and his codirectors will retain all their preference holdings, amounting to 120,000. MAY CALL DR. JOHNSTON. Meeting of Second Presbyterian Con- gregation to Consider Selection of a Pastor. It is more than probable that when the congregation of the Second Presbyterian Church meets next Sunday morning to consider the election of a pastor, the choice will be the Rev. Dr. Robert Johnston, of London, Ont. Dr. Johnston recently visited in this city, and during his stay prea6he.d at the Second Presbyterian Church. .His sermon stamped him as a scholarly theologian and a pulpit orator of unusual ability. He also delivered an address on "Scottish Heroes in Church and State," which was well received. Dr. Johnston has not yet signified whether he will accept the call cf the Second Presbyterian Church or not, should he be selected. BIG CUT-I- RATES. SEATTLE, Wash., April 30. Further reductions are announced in Alaskan freight and passenger rates as a result of the steamship rate war now on. First- - class tickets to Lynn canal are now quot ed at $10, and second class at $3. A week ago the rates were $25 and $16. Corre- sponding reductions iin freight rates are also quoted. One hundred oil companies will de- velop the Texas field. One acre near a gusher was sold for $25,000. IS INCOMPLETE WITHOUT" RELIEVES CHAPINR. ITCUiMft nn iphi. TATI0N. COOLS, COMFORTS AND HEALS Hfc SKIN, AFTER SHAVING. Avoid dangerous, irritatinn Wiii-.- Hio! preparations represented to be "the same as ' Pond's Extract, which easily sours and often contain "wooa aiconoi," a flead'y poison. FOR SALE. A Solid Walnut Bed-roo- Set, very handsome, with beautiful French bevel veneer, marble top. extra large glass; cost new ?80; in good con- - (1J1Q nn A very handsome Rosewood Dwarf Bookcase, double door, nicely carved; a genuine antique; it would pay any- one to repolish this case; CO AA The above Bookcase contains about 200 volumes of rare books per volume, 13c. MANUFACTURERS' FURNITURE AND .COMMISSION CO., Jefferson and Green Streets, bet. Third and Fourth. OF LOCAL INTEREST. Some People We Know and We Will Profit by Hearing About Them. This is a purely local event. It took place in Louisville. Not in Buffalo or New York. You are asked to investigate It. Asked to believe a citizen's words. To confirm a citizen's statement. Any article that is indorsed at home, That obtains resident advocates, Is more worthy of confidence Than a far-o- ff foreign article, Testified to by unknown people. Mr. J. T. .McKinley, of 429 West Chest- nut street, carpenter, contractor and builder, says: "I believe an attack1 of malarial sever In 18S4 weakened my kid- neys, or the medicine used to check that trouble overtaxed my kidneys. Be that as it may, every now and then I have had spells of backache, some of which were excruciatingly painful. When they were at their height trouble with the kid- ney secretions existed, particularly mani- fest at night, and although I tried lots of medicine, I never received any perma- nent result, for one attack followed an- other. It Is surprising to me, but is, nevertheless, true, that a short course of the treatment of Doan's Kidney Pills, pro- cured at C. J. Rosenham's drug store, dis- posed of the last recurrence. Since I stopped the treatment I have gained in flesh, I look better and feel better than I have for fifteen years," Sold by all dealers. Price 30 cents. Foster-Milbur- n 'Company, Buffalo, N. Y., sole agents for the United States. Remember the name Doan's and take no other. RIVER NEWS. Two hundred packages containing all the luxuries of the Louisville market were sent to the towboat Joseph B. Will- iams on the E, Gt Ragon last e.vening and were placed aboard at West Louisville. They included dressed fowls, dressed fish, with green sea .'.turtles for soup, refrig- erated fresh meats, canned goods of every description, fresh Southern vege- tables, fruits, nut3, besides innumerable articles generally needed in the larder to make it complete. Four large express wagons were required to haul this lot of edibles. Mr. Paul Stapleton, of Ve'vay, Ind., shipped as third assistant in the audit- ing department of the Tell City today and nill undoubtedly make a popular official Mr. James Grlsson is second and Will Maurer, of Bellevue, Ky , is third auditor of the E. G. Ragon, com- mencing service this trip, Mr. Geo. Bra-shea- having resigned and gone home. Mate Charlie Gulliver has gone to Bowling Green to take a berth with a packet out of that port Assistant Aud- itor Sid Douthitt, of the Fal.'s City, has resumed his mud boots aster a serious spell of .sickness.... Pilot Jordan Preston came in from his farm by rail today and lelt on the Falls City. The towboats H. F. Frisbie, with emp- ties, .'.nd Beaver, with a tow of Missis- sippi river Cottonwood lumber, arrived from ielow today, the latter meeting a x"M iar experience at the Ox Bows, stxtTnree miles d own the Ohio, .She, had climbed the current nicely until the footer this narrow, crooked place- - was reacVd, and then she stopped, being stem it, so great was the force. Thel'i'sbie ran through the bows with her tow then returned light to help the Beaver through, so by this strategy both were successful in tiding over the troublesome waters and reaching port in safety. The Falls City lest for the upper waters Of Kentucky river at noon, being loaded slat with all kinds of merchandise and machinery The City of Louisville to Cincinnati took thirty-tw- o hogsheads of tobacco, twenty tons of machinery and 300 packages of generalities.... The E. G. Ragon to Evansville took forty hogsheads of tobacco to Owensboro and 800 pack- ages to points en route The Tell City brought a medium deckload of several kinds of produce, arriving at 10 a. m. yesterday. The towboats Jos. B. 'Williams and Harry Brown turned out from West Lou's-vill- e this forenoon with thirty packages each and the Alice Brown will follow this afternoon with thirty more, while the tow for the Raymond Horner Is being put below 'the falls to be ready for her tomorrow. The following shifts will. occur on the Tarascon tomorrow: Billy Boble becomes first mate Hli Billy Stout second, while Biliy Grimes goes over on the Ragon as second to Lurn Stapleton. 4-- The John K. Speed vfrom New Orleans passed up last midnight doing very little hisinoSs here The Job of unloading .1,0011 barrels of sugar from the barge Lo.iiFville was completed today and the barge sent away. The river up to noon sell eleven inches since last midnight, yet there is more than a plenty of water lest for uavign-tio- n. The EvansUl'e wharfhoat is agu..n in service todt-y- . S'eamers to leave port today are the City of Cincinnati' to Cincinnati at 5 ami Tell City to Eansville at 'i o'clock. THE CREW SAVED. NEW YORK, April 30. The Panama Railroad Steamship Company's steamer City of Washington, which arrived hera today from Colon, had on board the crew of eight men of the schooner Emma C. ' Knowles, which was discovered off) Barnegat one day last week on her beam- - ends and abandoned. The crew were ' picked up by the steamer Alllanca, of j the same line, bound from New York for Colon on April 23, aster the steamer had been in collision with the schooner. - A WARNING. To feel tired aster exertion is one thing; to feel tired before is another. Don't, say the latter is laziness It isn't; but it's a sign that the system lacks vitality, is running- - down, and netds the tonic effect of Hood's, Sarsaparilla. '.It's a."warn!ng, too and sufferers should begin taking Hood's sat once. Buy a bottle today, SEIZED WINES IN HOTELS. SEATTLE, Wash., April 30. Under special instruction from David M. Dunn, Collector of Internal Revenue. Special Deputy Mullay, of Portland, and Deputy Ross, of the, Seattle office, seized in vari- ous, hotels and restaurants In this city upward of 150 case3 of imported cham- pagnes and rhinewines, for alleged viola- tion of internal revenue laws i H Can be indulged without a great outlay of Are the LOWEST that can be named, and NO DISCOUNTS to mislead you and make you feel that you are buying cheaper than any one else. OUR PRICES are uniform. STYLE AND are always right when ' : S from JEFFERSONVILLE. The Evening Post is. served in Jeffer-Konvil- through Mr, Alta Williams. Those who sail to receive their paper promptly will oblige by notifying Mr. Williams, at his residence, fT3 Seventh street. Telephone 2S7. The news gathering of Jeffersonville is in charge of C. W. Perry. Persons hav- ing social or other news for publication will kindly send same to his office. Tele- phone 516. The Evening Post can be sound on sala, at tiie following places: Ferry Dock News Stand. James Cqndort's News Stand. Chas. Schimppf & Sons' News Stand. Thomas Rogers' News Stand. "Wm. Garnett, the ld colored boy who. threw a rock at Jessie Ogden, which accidentally struck Frank Osborn, resulting in his death, was sound guilty this morning of involuntary man- slaughter. He will be sent to the Reform School. Levi 'Davis, a swijtchman, while coupling ears at Cementvllle, had his knee crush- ed.' Dr. O. P. Graham 'attended him. Steward Jacobs has returned from a visit to his sister, Mrs. ILouis Sprlesters-bac- k, of Charlestown. Louis, Miller, n'ho was arrested Sunday on a peace warrant sworn out by Andy Litzler, was acquitted by Mayor Rader this morning. Mrs. Dallas Lawrence is ill at her home on Meigs avenue. Mrs, R. C. Glossbrener will leave soon for Indianapolis to vlsit.her son, Herbert Glossbrener. ' ' (JIUs, Cora S$hal$ o .C'iiar'legtown, is visjting - ends!,J)ie .;Uj''fc.m'' A.' , HarrrThapkeasrealgnedijhJs. posj- -. tion at, Elvodaand,gone'Ao,,ChIcagoVi where he Isrtiow employe,d?by the Armour Company: ,,.15 ,.." . .:, ,,( . ',, Mrs. Amelia Pogle is recovering' from an attack of grip. Elmer Stout lest Sheibyville yesterday for his home at Mt., Shasta', Gal. He came here several weeks agojto visit his par- ents and went by. She.byville to see his brother. Pros. W. H. Stout. The father of Stanley McMullen lest this morniug for his home at North Ver- non, having been a guest of the family of Adolph Frank. Mrs. John Rohrman, Miss Anna e, Mrs. S. S. Hall and Mrs. Max Wil- son leave tomorrow for Scottsburg to at- tend the spring convention of the Chris- tian churches. Mrs. Rohrman goes as a delegate from the Christian Endeavor and Miss McCune as a delegate from the Sunday- -school and Christian Women's Board cf Missions. Mrs. Hall and Mrs. Wilson are representatives of the church.' The Rev. E. R. Black and wise will also at- tend and take part in the program. At the close of the cpnvention Mrs. Rohrman will leave Scottsburg for Indianapolis 6 spend two weeks with a brother and sis- ter. Miss Ollle Eberts is visiting in North Vernon. Miss Emma Ryan will leave the latter part of this wetk for Crothersville. Mrs. L. L. Robinson, of Bedford, is visiting her parents. Mr. and Mrs. Ben Robinson, of this city. The Flying Squadron Quartet will give a concert at Utica May 9. Mrs. M. P. McCune is spending the week with Mrs. Elizabeth Beeler, of New Al- bany. , The Kwasiud Tribe of Red Men met last night and appointed a committee of ten to make arrangements for the next labor day parade, which occurs in Sep- tember, The. parade on that day is ex- pected to excel all past events of the kind. Jno. Burnside, forty-eig- years old, died at his home In Cementville at 1 o'clock this morning of heart disease and liver trouble. He was a Mason and, Odd Fellow. He leaves a wise and nine chil- dren. Mr. Burnside figured largely In local politics at one time. He was a man of many business, interests, operating a saloon and grocery at Cementville, and a furniture store at Sellersburg and this city. He was also the owner of two cot- ton farms in the South. Elsie Tuerner has sued for a divorce from John Tuerner, whom she alleges at- tempted to kill her with a knife in 1S93 and then sled to Indianapolis, where he A Testimonial from Old England.. , "I consider- - Chamberlain's Cough Rem- edy the best in the world for bronchitis," says a(r. William .Savory, of Warrington, England. "It has saved my wise's fife, she having been a martyr to bronchitis for oyer six years, being most of the time confined to her bed. She is now quite well." It Is a great pleasure to the manu- facturers of Chamberlain's Cough Rem- edy to be able to publish" testimonials of this character. They show that great good is being dorie. pain and suffering and valuabe"lhes restored to health and happiness by this remedy It is for sale by all druggists. fl4fe STE FOR THE CES FURNITURE E QUALITY VnvvvvntwArvffnrnri Mew rtwMyywuAywjyyiwwwAMUwMJWAWdwwi 586 FOURTH Indiana married another woman, later killing her, lor 'which crime he s serving a life sentence in Michigan City. Tliey were married in 1894. C. D. Hunter, of Memphis, has brought suit against the Vernon Insurance Com pany, to recover $1,200 on an insurance policy. Geo. V. Statesman yestefday qualified as guardian of the property and person of Julia A. Stutesman by filing bond for $600. At a meeting of the Official Board of the Port Pulton M. E. Church last night it was agreed to add an eil to the church building for the accommodation of the Epworth .League and Sunday-schoo- l. The case against 'Clyde Purdy, charge! with provoking Lottie Shepiey, was con- tinued until this afternoon. ' A horse driven by Eugene Frazier took fright at a hand car yesterday and ran away, overturning the buggy and injuring the driver. Jlr. Frazier was taken home unconscious,' where he (was attended by Dr. O. P. ,Graham. It is seared he injured internally. A bazar and fair given by Company No. 9, Uniform Rank, K. of Pi, for the purpose of raising funds to assist in defraying the expenses of the company at the national encampment iat California next yearj will be held at the .Armory, beginning to- morrow night and closing Saturday night. A divorce was granted Will Summers from Edmonla , Summers. 'They were married In' 1SS9, and she. abandoned him in lBjiui' ( , , , . 5 ; ti'dh terday afternooH'bff-ypliroid.',feve- r and diabetes.. His parents land three tirotners survive (Mrs, Herman Rave will leave' for Salem tomorrow to visit, her brother, Dr. An- drew Read. The funeral of Mrs. Dorothy Charmock occurred this afternoon, at 2 o'clock from her late home on Missouri avenue. The service was conducted by, the Rev. F. N. Chapman, rectflr of St,j"Paul's Church. Interment at Eastern Cemetery. Mrs. J. S. Fernett will givea' recital at Bethlehem Saturday evening for tho benefit of the M. El Church. ' The Intermediate League will be enter- tained at the home of Miss Grace Veasy Thursday evening. A contract to' build 1,600 gondola' cars for the Illinois Central has 'been secured by the local Car Works. A number of ladles from' thi3 city, members of the Ladles of, 'the Grand Army of the Republic, will attend, a coffee so- cial, to be given at the home of Mrs. Chas. Herman, 20J. Adams street,' Louisville, Friday afternoon. Mrs. Agnes Middleton died at Under- wood of congestion of the lungs. She has a son in the United States navy. Clarksville, Charlestown, Sellersburg and Port Fulton will have town elections next Monday. NEW ALBANY. Sadie Marxon, through Stdtsenburg & Weathers, (today filed suit for divorce from Fred Marxon. They were married January 1, 1895, and lived together until April 15, 1S99, when she alleges that on account of cruel treatment and failure to provide she was forced to leave him. She asks for the custody of their two children and $300 alimony. The defendant resides at Bloomington, Ind. He recently fllei suit for divorce" in that city. The two-stof- y frame residence of Mrs. Emma Clark, at 20S East Main street, was badly damaged by sire about 6:30 o'clock this .morning. The sire started in the roof of the kitchen from a slue, Etnd was spreading rapidly when the alarm was sounded from box 61. The blaze was con- fined to the rear part of the house, and the loss from sire and water was about $750. The furniture pf Mr. and Mrs. Harry Hancock, who occupied the house with Mrs. Clark, was badly damaged. Herman II. Grlefe, whose upholstering establish- ment adjoined Mrs. Clark's house, suffered a loss of about $30 from water. The funeral of Mrs. Caroline A. Miller took place today from her late residence, 1709 Ekin avenue. The Rev. Charles Hutchinson conducted the services, and the remains were itaken to Scott's grave- yard for interment. .3.-- , Delia Walker today filed suit for di- vorce from Samuel Walker. She alleges cruel tjfeatrhent and adultery, and "ask"i for the .custody ott their two children. The defendant resides at Corydon. B. F. Ewing and sister'are visiting' their sister, Mrs. E. M. Clark.'at Seymour. ,, - , James Guthrie and Miss Florence E. Dangerfleld are to be .married tonight by the 'Rev. J. A. Ward at the new home of the groom, 1404 East Oak street. James F. Evans, who runs 'a grocery store on Rear Market street, above Vin- - EAUTIFUL money. we have TO ALL. goods come from us. &SON, AVENUE (Atherton Block). cennes, was robbed of $10 about 7 o'clock las; evening. Two negroes entered the store, and one of them mide a purchase of some eggs. While Evans was in the rear part of the store tthev Other reached behind, the counter afiayisiBuWd a e.gar box,.w'hicti contained a;fiout $i0in change. ' George L., tne seventeen-months-ol- d son of Mr. and Mrs. Frank rjihulte, died this morning at their homHju Wes-Tent- Street. ".. Frank Coffey, employed at the common beer brewery, on Vincennee stfe,et, sell down a stairway yesterday afternoon and Injured his spine. He is being attended By Dr. Mclntyre. A is.eries of temperance meetings will be commenced in this city nex Monday night by W. C. Helt, of Indianapolis, State 'lecturer ahd organizer of the In- diana 'Anti-Saloo- n League. ' 4 , : Mrs. Nellie Otero, of New Orleans, who was called to this city by 'theMfleath. ot her mother, Mrs. Lucy KelthleyMwill re turn home next Thursday. t " '. V i I Pythagoras Lodge of Masons will cent fcr the Felloweraft degree tonight. .Mrs. Dell Firnhaber and daughter, of Louisville, arei visiting her parents, Mr and Mrs. J. W. Durbln, 20 East Third street. . '4 Miss lAlice Atkins will leave JfThUrsday for Washington. D. C to visltj her sis ter, Mrs, Herbert Fawcett. ;t .At the meeting of PiankeShaw Chap- ter, D., A. R., held, at .the residence o Miss Minnie Akers, Rear Market strew. Interesting papers were TeaTf' by Jtiss Anna Cardwill on, "Our Firsaftavy" and on "The Prison Ship Martyrs." Miss Edith Collins rendered severali-pian- se- lections. Ice cream "and strawberries were served by the hostess. J Milton H.- - Sloan, of Marengo, through Stotsenburg & Wea'therS, oti'this- etiy, has filed suit, against theJirJline Oom-pan- y of a iVagon and team of horses and personal Injuries resulting from a collision wllh an Air-lin- e train at Marengo several months ago. . .' Robert H. Alexander, son'of the late Dr. S. A. Alexander, o this city, died of heart disease at his home "in Los An- geles, Cal., several days ago. He leae.i a wise and six children. The ladies of HoUy Trinity Qhurch will give a euchre tomorrow afternoon and night at the school hall. w Centenary M. E. Church will hold an all-da- y prayer-meetin- g tomorrow. tiol. Charles L. Jewett, of trj'is city, willlmake an address at the annual meet- ing dOf the Spanish-America- n War Vet- erans of Indiana to be held next Thursday at Indianapolis. Thomas and Edward Spainhour and Mrs. Halloa and six children lest yestei- - day for North Ontario, C1., to reside. Tni,n n Tillo,-- lias been Err.inted a perknit to .erect a cottage On Main, be- tween Sitxeenth and Seventeenth streets, to cost $700: H,V 'l r Dr. and Mrs". J.'E. Steele will leave in a sew days for Farmland, Ind., for the benefit of Dr. 'Steele's health' Congressman W. T. Zenor''was In the city last night on his way from Washing- ton to Corydon. The Federated Clubs of th's city Will hold the last meeting of the year at Music Hall, Thursday night. The Kav. W. C. Martin, of the Baptist Tabernacle, will make an' address on the humane movement which w)ll probably, be taken tip by the qlubs next year. The meeting will be In charge of, the Thalld, 'Trillium and Beethoven Clubs. Tnriiri. Raker, of the ' United State-- Court,' has allowed Louis Hartman the sum of $300 to recover .expenses incurreri in becoming bondsman for the Kentucky & Indiana Bridge Company in a damae suit filed in the qiark Circuit 'Curt. TTnitoi Rrntes Commissioner l , who doted as Special Master IB th case, made the allowance some time ago. and it was contested by creditors. Judge Baker's decision sustains Coromlss'oner Cardwill. John 1 Maginty, aged sixty-seve- n years, died Sunday at Paoli. He had served ten years as Cicik of Orange eoun. ty, was in the Legislature for sour, yea's and served as postmaster of Paoli und r Cleveland's firs.t administration, Hi wa tip, 'this cits'. The ninth anniversary ,of the Rev. S. C. Manuel's pastorate of .the Second Bip-ti'- st Church will 'be celebrated next Sun- day and Monday, William Bloat, of Shippin'gport, wa-- dead drunk 'and floatihgi down the rive" in A skiff yesterday afternoon, ( The boat Tvas towed to shore by several men, w1k were picking up driftwood., Bioat's sk ft was leaking, and hj was nearly' covered, by water when he-w;- sound. 'He was ar- rested by Patrolman Fess anl was fined. $8 80 by Justice Richards. LAST I M PORT AX I ON 2 CARLOADS. Twenty half and twenty quarter Rauenthaler and Nier-Ftein- er White Wines; Assmannshausjr and Affenthaler Red Wines in casks. Alsj , car Ruedeshelmer, Niersteiner and Kai- ser. Hochheimer and Assmannshatiser, Sect, in cases; Nussoil. Frankfurter Wurst and Westphalien Ham. etc. AUG. HOLLENBACH, 246-24- Third st.

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Page 1: (Atherton Mew Indiananyx.uky.edu/dips/xt7x3f4kmt8k/data/0016.pdf · Col. Stone and Mr. Gibson Make Interesting Affi- davits in the Appellate Court This "Morning.. Claim That Col

Col. Stone and Mr. Gibson Make Interesting Affi-

davits in the Appellate Court This

"Morning..

Claim That Col. Wooley Has Selfish Motives for HisActions in This Case.

THE HAYOR INTERFERES IN THE MATTER.

Evenlnc Post Special ServiceFRA'NKFORT, Ky., April 30. City At-

torney Henry L. Stone, of Louisville, thismorning filed in the Court df Appeals thefoMowIng affidavits of himself and of Mr.Charles H. Gibson in reuponse to the mo-

tions and statements of Attorney It. W.Wooley, made last 'Friday in the case ofthe Bourbon Stockyards Company vs. theGuy of Louisville:

Henry L, Stone, being duly sworn, de-poses and says:

I aim .the duly elected and acting CityAttorney of the appellee, the city ofLouisville, and as such it is my right andiny duty. In the language of the statute

reatfng my oflice, "tu prosecute anddefend all aunts for and against thecity." I am ready and willing to performend propose to perform my duty in thiscase, and I protest against the interter-enc- e

of the Mayor of said city. In as-suming the right to delegate my rights,powers or duties to any other attorney,'and thus displace me Iri the due performance of the duties required of me by law.In view of the action of the Mayor inattempting to authorize another attom-- y

to usuip my office, and In view of thestatements, made in the brief of ,thatin support of the motion made bv'Wm to affirm this as a delay case, I tee'l

U a duty to myself and this court to sub-mit the following further statement oftacts.So far as I am aware, R w. Woolley

Esq., Is the only citizen of Lou sville whoba ever made any complaint about theobstruction of Bickel street bv the appel-lant, and It appears he made none untilaster the lapse of many years. I am in-formed, and believe that the street hadbeen obstructed, for at least twenty yearsbefore said Woolley made any complaintand then he became very persistent inJiis importunities to the city authoritiesto take proceedings to have the obstruc-tions removed, and so far as I am in-formed, but for the importunities of sa'd"

oolley no steps would have been takento remove sold obstructions.When this litigation was started in thecourt below said Woolley volunteered hisservices, and assuming he was actiosfrom proper motives, I permitted him inmy name, to conduct the case, but with-out In any manner relinquishmg my con-trol over is. Tjntil about the' ilrrie thejudgment was ea'-ri- d sao-..- "l "da' notWin Uwr snldtfWfcorify'liitf bee&' nego."Ins- wv-j-i the appellant fojp the sus-pension of tthe'llflfetttlorf and 'the 'acqui-

sition of Bickel street by the appellanton the payment of a large sum to saidWoolley. This information was given meTy Charles H. Gibson, who Js a directorns well as the. attorney of the appellant,Rnd aster receiving this Information I de-termined I would thereafter not permitthe said Woolley to represent me or myclient in the further conduct of the'

I became and have ever since be;n con-vinced that said Woolley was acting fromselfish motives, and that his ' real pur-pose was to coerce the appellant Intomaking an effort to secure the abandon-ment of Bickel street by the city andthen pay him a large sum of money torwhat he claims is his r'ght of reversionIn the street in the event it is abandon-ed-th- e

same having been dedicated topublic use by his wise, now deceased, whowas Mary Johnston. Under these circum-stances I determined to resume controlof the litigation and not permit the cityto be used as a means of obtaining anysuch resu't as I wasi satisfied said Wool-le- y

was seeking to accomplish.Tae day before the Judgment hereinwas entered a meeting was held at theofflfte of the Board of Public Works

which was attended by all of the memlbers of the board, the Mayor and myselfon behalf of the city, and by the appel-lant's President, William R. Ray, nowdeceased, and its counsel, Charles HGlb-o- The latter in behalf of the ap-pellant represented that it was ready andwilling to vacate Bickel street wheneverthe city was ready to improve it. so rnatit could be used as a stre-- t and offeredto stipulate in advance that it would pjythe cost of improving the street TheMayor and two members of the board,Messrs. Grainger and Jefferson, express-ed themselves as being opposed to theimprovement of the street on the groundthat the expense of It would amount al-most to confiscation of the abuttingpiopery owners, who would have to paythe cost of it; that there was no presentneed of a street at said place, and 10moke one at that time would impose un-necessary expense on the city in c eanlngand repairing it. Messrs. Jefferson andGrainger tated that they, as membersof the Board of Public Works, would notrecommend an ordinance, as the act forthe government of the city required, rrrthe imorovemenf of said street, and theMayor announced that is the Councilshould pass an ordinance providing forihe Improvement of said street 'lie wouldveto it

For the appellant it was then claimedthat to require it to remove the obstruo-t.on- s

without grading and paving thestreet would leave it in an impassablecondition, and make it Impossible for ap-pellant to use its property or conduct itsbusiness It was strongly urged that the

"street could not be used without thebridges and other structures placed onIt by aopellant, that the city ihad acquies-ced in the appellant's conduct for morethan twenty years, and no possible inju ywa- - be,ng done to anyone by the ob-

struction of a street which would other-wise be impassab.e. so Ion? as the c'ts stitle thereto was upheld by the court. T.hcattorney for the appellant offered a draftof a consent judgment, wh'oh was insubstance the same as the judgment

entered except that it con'aiu-e- d

a proviso that it should not be en.forced until the city was ready to improveBickel ptreet. I considered this a fair andequitable way to settle the controversy,and so stated, but the .Mayor and Messrs.Jefferson and Grainier were opposed toa consent 'judgment, and 1 then alteredthe proposed judgment. o that it shouldnot appear to he by consent, but as tho

judgment of the court. It was then understood by all the parties that no ob-jection would be made to the judgmentcontaining a proviso that It should notbe enforced until the' city was ready toImprove Bickel street, and with this Un-derstanding the conference ended. On thefollowing morning I learned from theJudge of the Chancery division, befoiewhom tha case was pending, that he hadreceived a message from the Mayor re-questing him not to enter the judgmentwhich had beo-- so agreed to, and theJudue said he would not enter it. I im-mediately notified appellant's counsel ofthis communication from the court, andthe judgment being submitted to thecourt, the proviso referred to was strick-en out. I was subsequently Informedthat the Mayor had interfered hi

at the solicitation of sa d Wool-ley- ,

and this strengthened me in my de-

termination not to permit said Woolleyto have anything more to do with thecase.

I have always stated to appellant'scounsel that although otJher city authori-ties were disposed to abandon the sailstreet, I would not consent to it, for thetitle to the street was In the city by thejudgment of the court, and I would notagiee to any arrangement concerningsaid street that would allow said Wool-le- y

to obtain 'a profit or private benefitout of it at the public expense of losingsaid street, as I felt satisfied was his mo-tive in tills litigation, but would insiston the city's right to said street and tohave it constructed whenever it chose todo so.

I have been uniformly told by appel-lant's counsel that unless the appellantwould pay said Woolley a large sum hewould oppose the abandonment of thestreet, and 1 hive responded that so faras I had any right or r"'er I wouldoppose the abandonment k the streeton those or any conditions.

I am convinced that said Woolley'smo-tiv- e

in instigating the movement againstappellant was purejy Selfish, and thathe Is not in good faith In attempting torepresent the interests of the city, but Isseeking to control this litigation for thepurpose of making a personal profit outof it. at the expense of the appellant andthe city of Lquisvllle. Believing this, Ido not consider it proper that he shouldrepresent the appellees, and I declineto abdicate my office in his savor.

I wish to add tOiat H. M. Lane has onlyacted in this case at the solicitation ofsaid 'Woolley, he never having been au.thorized by me to appear in' the case.' Said Lane 'never had any authority f'give notice of a motion, to affirm th'scase, and I 'am informed and believe thatthe name "of ,H. M. Lane to said notice'was in fact signed by R. W. Woolley, andthat said Lane had nothing to dp withit. As soon as I iheard said notice hadbeen given, I repudiated, it, and informedappellant's counsel that I would requesttho court not to allow the motion to beentered. I am prepared and Intend tofaithfully represent the interests of thoappellee.s herein without assistance fromsaid R. AV. Woolley, H. M. Lane oi1 anyother attorney, and insist on being per-

mitted .to perform my official duties with-out interference from ithem.

I expect and intend to file a brief forthe appellees herein on the merits of thecase, and within the time prescribed by.the rule of' tho court. No iequest haseverlseen made to me by either of the ap-

pellees or the Mayor. Charles P. Wea-ver, or R. W. Woolley, or H. M. Lane,to make any motion to affirm this as adelay case. But for my efforts the casewould not have been decided as prompt yas it was In the court below. Aster thejudgment below was entered there, wasa motion for a new trial made, and jinamended and supplemental rep'y tenderedand offered! to be filed, to wh'eh I obje"ted,and I alone filed a brief on the motionsfor a new trial, and to file the amendedand supplemental reply.

I have not at any time thought theappeal In this case had been taken merelyfor delay, but have believed that the ap-

pellant's counsel in good faith consider-ed that he was entitled at least to imodification of the judgment appealedfrom withholding Its execufon until thecltyv should be prepared and desired toImprove Bickel street.

HENRY L. STONE.Subscribed and sworn to before me by

Henry L. Stone, this 29th day of Apill.19()1. F. HEWITT WELLER.

Ex. Jefferson County," Ky.

MR. GIBSON'S AFFIDAVIT.

I am the attorney of the appellant, andhave had sole charge of its interests inthis case.

About, or soon aster the time this judg-ment was entered in this case, I 'com-plained to Henry L. Stone, City Attorney,of the city of Louisville, that the city wassimply allowing Itself to be used in th:scase for the sole purpose of enabling Col.R. W. Woolley to coerce appellant Intothe payment of a large sum of money tohim.

I explained I had pending negotiationswith said Woolley, to endeavor to settlethe litigation; that these negotiations con-templated the abandonment of Bickelstreet, the acquisition of it by the appel-lant and the payment of a large sum ofmoney to Col. Woolley.

I endeavored to secure Col. Stone's co-

operation in having the street abandoned,in order that appellant might acquire it,even is it had to pay Col. Woolley a largesum.

He declined to with me, butstated emphatically that he would havenothing to do with the matter, andfurther, that being convinced Col. AVool-le- y

was acting from selfish motives, hewould no longei- - pdrmlt him (Col. Wool-ley- )

to control the litigation, but wouldhimself assume exclusive control of It. Iurged upon Col. Stone that incalculableInjury would be done the Bourbon Stock-"yar- d

Company is the judgment was en-

forced, without Jmimfjllate' provision bein,gmade for the, improvement of Bickelstreet, and that the'appellant could bet-ter afford to pay Col.' Woolley what hedemanded 'than'submlt to suclv injury. Ifurther told him, that so far as'l couldsee. the Mayor seemed only desirous ofobliging Col. Woolley in the matter, andwas apparently indifferent to in-

jury about to be inflicted on the BourbonStockyard Company, and showed no dis-position to' do anything to avoid the in-

jurynot even to improve the, street, whenthe Stockyard Company was asking tohave it improved at its own expense.

These and other roasons were, given, inthe effort to secure Col. Stone's

in relieving the appellant from; thedisaster which threatened It, but he re-

fused peremptorily to consider any propo

THE EVENING POST. LOUISVILLE, TUESDAY. APRIL 30. 1901.

sition which did not recognize the city'sabsolute right to the street, or which con-templated the payment of money to Col.Woolley. He again reiterated his purposeto assume exclusive control of the litiga-tion, and notified me he would insist onevery right which, the city had In thepremises.

When I received" notice of the motionapparently given by H. M. Lane, that hewould move to affirm this as a delay case,I conferred with Col. Stone, and was in-

formed by him that the notice was un-authorized, and he would so inform theCourt, and ask to have the1 motion with-drawn. For this reason I did not appearto the motion any further than to writethe clerk and sully explain the situation,and ask that an objection be entered.

Subscribed and sworn to belore me this29th day of April, 1901. AV. N. LITTLE.

Notary Public Jefferson Co., Ky.(My commission expires January 19, 1902.)

NEZUELA

Declares tha Arrest of United StatesConsular Agent Baiz Was Case

of Mistaken Identity.

NEW YORK, April 30. A dispatch tothe Herald from Caracas, Venezuela,says :

The incident relative to the arrest ofIgnacio H. Balz, United States ConsularAgent at Barcelona, was closed today.Consul Goldsmith, at Laguayra, sent toMr. Russell, the American Charged'Affaires here, a letter from the Vene-

zuelan government expressing regret forthe occurrence and exp.aining that it wasa case of mistaken identity.' The situation of affairs here is nowquiet.

TERMS OF THE

STEAMSHIP DEAL

Pierpont Morgan Pays 1,750,000 'forControlling Interest in the

Leyland Line.

LONDON, April 30. A circular wasissued this morning by Chairman Eller-ma-

of the Leyland line,, in which theshareholders are informed that he hasentered into a provisional contractwith J. Pierpont Morgan for the saleof his entire-- holdings of ordinaryshares in the steamship line, namely71,000 shares at 14.10s per share foreach 10 share, and that Mr. Morganagrees to purchase on similar termsall ordinary shares offered beforeMay 26.

Holders of a great majority of theordinary shares have, according to thecircular, intimated to Mr. Ellermanthat they will avail themselves of theoffer of Mr. Morgan, and the effectwill be that the purchasers will be-come owners of nearly all the ordi-nary shares of the American corpora-tion at a cost of upward of 1,750,000.Mr. Ellerman binds himself not to en-gage either directly or indirectly inthe North Atlantic trade, either withthe United Kingdom or the continent,e,xcept between Antwerp and Montreal,for a term of fourteen years, on condi-tion that the purchasers sell him theMediterranean, Portugal and Montrealsleets and the business connectedtherewith at an agreed-o- n price. Mr.Ellerman adds that he proposes to re-tain his entire holding in preferenceshares, amounting to "over 1?0,000,and his codirectors will retain all theirpreference holdings, amounting to

120,000.

MAY CALL

DR. JOHNSTON.

Meeting of Second Presbyterian Con-

gregation to Consider Selectionof a Pastor.

It is more than probable that when thecongregation of the Second PresbyterianChurch meets next Sunday morning toconsider the election of a pastor, thechoice will be the Rev. Dr. RobertJohnston, of London, Ont.

Dr. Johnston recently visited in thiscity, and during his stay prea6he.d at theSecond Presbyterian Church. .His sermonstamped him as a scholarly theologianand a pulpit orator of unusual ability.He also delivered an address on "ScottishHeroes in Church and State," which waswell received. Dr. Johnston has not yetsignified whether he will accept the callcf the Second Presbyterian Church or not,should he be selected.

BIG CUT-I- RATES.

SEATTLE, Wash., April 30. Furtherreductions are announced in Alaskanfreight and passenger rates as a resultof the steamship rate war now on. First- -class tickets to Lynn canal are now quoted at $10, and second class at $3. A weekago the rates were $25 and $16. Corre-sponding reductions iin freight rates arealso quoted.

One hundred oil companies will de-

velop the Texas field. One acre near agusher was sold for $25,000.

IS INCOMPLETE WITHOUT"

RELIEVES CHAPINR. ITCUiMft nn iphi.TATI0N. COOLS, COMFORTS AND HEALS

Hfc SKIN, AFTER SHAVING.

Avoid dangerous, irritatinn Wiii-.- Hio!preparations represented to be "the same as 'Pond's Extract, which easily sours and oftencontain "wooa aiconoi," a flead'y poison.

FOR SALE.A Solid Walnut Bed-roo- Set, very

handsome, with beautiful French bevelveneer, marble top. extra large glass;cost new ?80; in good con- - (1J1Q nn

A very handsome Rosewood DwarfBookcase, double door, nicely carved;a genuine antique; it would pay any-one to repolish this case; CO A A

The above Bookcase contains about200 volumes of rare books per volume,13c.MANUFACTURERS' FURNITURE

AND .COMMISSION CO.,Jefferson and Green Streets, bet.

Third and Fourth.

OF LOCAL INTEREST.

Some People We Know and We WillProfit by Hearing About

Them.This is a purely local event.It took place in Louisville.Not in Buffalo or New York.You are asked to investigate It.Asked to believe a citizen's words.To confirm a citizen's statement.Any article that is indorsed at home,That obtains resident advocates,Is more worthy of confidenceThan a far-o- ff foreign article,Testified to by unknown people.Mr. J. T. .McKinley, of 429 West Chest-

nut street, carpenter, contractor andbuilder, says: "I believe an attack1 ofmalarial sever In 18S4 weakened my kid-neys, or the medicine used to check thattrouble overtaxed my kidneys. Be thatas it may, every now and then I havehad spells of backache, some of whichwere excruciatingly painful. When theywere at their height trouble with the kid-ney secretions existed, particularly mani-fest at night, and although I tried lotsof medicine, I never received any perma-nent result, for one attack followed an-other. It Is surprising to me, but is,nevertheless, true, that a short course ofthe treatment of Doan's Kidney Pills, pro-cured at C. J. Rosenham's drug store, dis-posed of the last recurrence. Since Istopped the treatment I have gained inflesh, I look better and feel better thanI have for fifteen years,"

Sold by all dealers. Price 30 cents.Foster-Milbur- n 'Company, Buffalo, N. Y.,sole agents for the United States.

Remember the name Doan's and takeno other.

RIVER NEWS.

Two hundred packages containing allthe luxuries of the Louisville marketwere sent to the towboat Joseph B. Will-

iams on the E, Gt Ragon last e.vening andwere placed aboard at West Louisville.They included dressed fowls, dressed fish,with green sea .'.turtles for soup, refrig-erated fresh meats, canned goods ofevery description, fresh Southern vege-tables, fruits, nut3, besides innumerablearticles generally needed in the larder tomake it complete. Four large expresswagons were required to haul this lotof edibles.

Mr. Paul Stapleton, of Ve'vay, Ind.,shipped as third assistant in the audit-ing department of the Tell City todayand nill undoubtedly make a popularofficial Mr. James Grlsson is secondand Will Maurer, of Bellevue, Ky , isthird auditor of the E. G. Ragon, com-mencing service this trip, Mr. Geo. Bra-shea-

having resigned and gone home.Mate Charlie Gulliver has gone to

Bowling Green to take a berth with apacket out of that port Assistant Aud-itor Sid Douthitt, of the Fal.'s City, hasresumed his mud boots aster a seriousspell of .sickness.... Pilot Jordan Prestoncame in from his farm by rail today andlelt on the Falls City.

The towboats H. F. Frisbie, with emp-ties, .'.nd Beaver, with a tow of Missis-sippi river Cottonwood lumber, arrivedfrom ielow today, the latter meetinga x"M iar experience at the Ox Bows,stxtTnree miles d own the Ohio, .She,had climbed the current nicely until thefooter this narrow, crooked place- - wasreacVd, and then she stopped, being

stem it, so great was the force.Thel'i'sbie ran through the bows withher tow then returned light to help theBeaver through, so by this strategy bothwere successful in tiding over thetroublesome waters and reaching port insafety.

The Falls City lest for the upper watersOf Kentucky river at noon, being loadedslat with all kinds of merchandise andmachinery The City of Louisville toCincinnati took thirty-tw- o hogsheads oftobacco, twenty tons of machinery and300 packages of generalities.... The E. G.Ragon to Evansville took forty hogsheadsof tobacco to Owensboro and 800 pack-ages to points en route The Tell Citybrought a medium deckload of severalkinds of produce, arriving at 10 a. m.yesterday.

The towboats Jos. B. 'Williams andHarry Brown turned out from West Lou's-vill- e

this forenoon with thirty packageseach and the Alice Brown will follow thisafternoon with thirty more, while thetow for the Raymond Horner Is beingput below 'the falls to be ready for hertomorrow.

The following shifts will. occur on theTarascon tomorrow: Billy Boble becomesfirst mate Hli Billy Stout second, whileBiliy Grimes goes over on the Ragon assecond to Lurn Stapleton.

4--The John K. Speed vfrom New Orleans

passed up last midnight doing very littlehisinoSs here The Job of unloading.1,0011 barrels of sugar from the bargeLo.iiFville was completed today and thebarge sent away.

The river up to noon sell eleven inchessince last midnight, yet there is morethan a plenty of water lest for uavign-tio- n.

The EvansUl'e wharfhoat is agu..nin service todt-y- .

S'eamers to leave port today are theCity of Cincinnati' to Cincinnati at 5 amiTell City to Eansville at 'i o'clock.

THE CREW SAVED.

NEW YORK, April 30. The PanamaRailroad Steamship Company's steamerCity of Washington, which arrived heratoday from Colon, had on board the crewof eight men of the schooner Emma C. '

Knowles, which was discovered off)Barnegat one day last week on her beam--

ends and abandoned. The crew were '

picked up by the steamer Alllanca, of j

the same line, bound from New York forColon on April 23, aster the steamer hadbeen in collision with the schooner. -

A WARNING.To feel tired aster exertion is one

thing; to feel tired before is another.Don't, say the latter is laziness It

isn't; but it's a sign that the system lacksvitality, is running- - down, and netds thetonic effect of Hood's, Sarsaparilla.'.It's a."warn!ng, too and sufferers should

begin taking Hood's sat once.Buy a bottle today,

SEIZED WINES IN HOTELS.

SEATTLE, Wash., April 30. Underspecial instruction from David M. Dunn,Collector of Internal Revenue. SpecialDeputy Mullay, of Portland, and DeputyRoss, of the, Seattle office, seized in vari-ous, hotels and restaurants In this cityupward of 150 case3 of imported cham-pagnes and rhinewines, for alleged viola-tion of internal revenue laws

i

H

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JEFFERSONVILLE.

The Evening Post is. served in Jeffer-Konvil-

through Mr, Alta Williams.Those who sail to receive their paperpromptly will oblige by notifying Mr.Williams, at his residence, fT3 Seventhstreet. Telephone 2S7.

The news gathering of Jeffersonville isin charge of C. W. Perry. Persons hav-ing social or other news for publicationwill kindly send same to his office. Tele-phone 516.

The Evening Post can be sound on sala,at tiie following places:

Ferry Dock News Stand.James Cqndort's News Stand.Chas. Schimppf & Sons' News Stand.Thomas Rogers' News Stand.

"Wm. Garnett, the ld coloredboy who. threw a rock at Jessie Ogden,which accidentally struck Frank Osborn,resulting in his death, was sound guiltythis morning of involuntary man-

slaughter. He will be sent to the ReformSchool.

Levi 'Davis, a swijtchman, while couplingears at Cementvllle, had his knee crush-ed.' Dr. O. P. Graham 'attended him.

Steward Jacobs has returned from avisit to his sister, Mrs. ILouis Sprlesters-bac- k,

of Charlestown.

Louis, Miller, n'ho was arrested Sundayon a peace warrant sworn out by AndyLitzler, was acquitted by Mayor Raderthis morning.

Mrs. Dallas Lawrence is ill at her homeon Meigs avenue.

Mrs, R. C. Glossbrener will leave soonfor Indianapolis to vlsit.her son, HerbertGlossbrener. '

' (JIUs, Cora S$hal$ o .C'iiar'legtown, isvisjting - ends!,J)ie .;Uj''fc.m'' A.'

, HarrrThapkeasrealgnedijhJs. posj- -.

tion at, Elvodaand,gone'Ao,,ChIcagoViwhere he Isrtiow employe,d?by the ArmourCompany: ,,.15 ,.." . .:, ,,( . ',,

Mrs. Amelia Pogle is recovering' froman attack of grip.

Elmer Stout lest Sheibyville yesterdayfor his home at Mt., Shasta', Gal. He camehere several weeks agojto visit his par-

ents and went by. She.byville to see hisbrother. Pros. W. H. Stout.

The father of Stanley McMullen lestthis morniug for his home at North Ver-

non, having been a guest of the familyof Adolph Frank.

Mrs. John Rohrman, Miss Anna e,

Mrs. S. S. Hall and Mrs. Max Wil-

son leave tomorrow for Scottsburg to at-

tend the spring convention of the Chris-tian churches. Mrs. Rohrman goes as adelegate from the Christian Endeavor andMiss McCune as a delegate from the Sunday-

-school and Christian Women's Boardcf Missions. Mrs. Hall and Mrs. Wilsonare representatives of the church.' TheRev. E. R. Black and wise will also at-

tend and take part in the program. Atthe close of the cpnvention Mrs. Rohrmanwill leave Scottsburg for Indianapolis 6

spend two weeks with a brother and sis-

ter.

Miss Ollle Eberts is visiting in NorthVernon.

Miss Emma Ryan will leave the latterpart of this wetk for Crothersville.

Mrs. L. L. Robinson, of Bedford, isvisiting her parents. Mr. and Mrs. BenRobinson, of this city.

The Flying Squadron Quartet will givea concert at Utica May 9.

Mrs. M. P. McCune is spending the weekwith Mrs. Elizabeth Beeler, of New Al-

bany. ,

The Kwasiud Tribe of Red Men metlast night and appointed a committee often to make arrangements for the nextlabor day parade, which occurs in Sep-

tember, The. parade on that day is ex-

pected to excel all past events of thekind.

Jno. Burnside, forty-eig- years old,died at his home In Cementville at 1

o'clock this morning of heart disease andliver trouble. He was a Mason and, OddFellow. He leaves a wise and nine chil-

dren. Mr. Burnside figured largely Inlocal politics at one time. He was a manof many business, interests, operating asaloon and grocery at Cementville, and afurniture store at Sellersburg and thiscity. He was also the owner of two cot-

ton farms in the South.

Elsie Tuerner has sued for a divorcefrom John Tuerner, whom she alleges at-

tempted to kill her with a knife in 1S93

and then sled to Indianapolis, where he

A Testimonial from Old England.., "I consider- - Chamberlain's Cough Rem-

edy the best in the world for bronchitis,"says a(r. William .Savory, of Warrington,England. "It has saved my wise's fife,she having been a martyr to bronchitisfor oyer six years, being most of the timeconfined to her bed. She is now quitewell." It Is a great pleasure to the manu-facturers of Chamberlain's Cough Rem-edy to be able to publish" testimonials ofthis character. They show that greatgood is being dorie. pain and suffering

and valuabe"lhes restored tohealth and happiness by this remedy Itis for sale by all druggists.

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586 FOURTH

Indianamarried another woman, later killing her,lor 'which crime he s serving a lifesentence in Michigan City. Tliey weremarried in 1894.

C. D. Hunter, of Memphis, has broughtsuit against the Vernon Insurance Company, to recover $1,200 on an insurancepolicy.

Geo. V. Statesman yestefday qualifiedas guardian of the property and personof Julia A. Stutesman by filing bond for$600.

At a meeting of the Official Board ofthe Port Pulton M. E. Church last nightit was agreed to add an eil to the churchbuilding for the accommodation of theEpworth .League and Sunday-schoo- l.

The case against 'Clyde Purdy, charge!with provoking Lottie Shepiey, was con-tinued until this afternoon. '

A horse driven by Eugene Frazier tookfright at a hand car yesterday and ranaway, overturning the buggy and injuringthe driver. Jlr. Frazier was taken homeunconscious,' where he (was attended byDr. O. P. ,Graham. It is seared heinjured internally.

A bazar and fair given by Company No.9, Uniform Rank, K. of Pi, for the purposeof raising funds to assist in defraying theexpenses of the company at the nationalencampment iat California next yearj willbe held at the .Armory, beginning to-

morrow night and closing Saturday night.

A divorce was granted Will Summersfrom Edmonla , Summers. 'They weremarried In' 1SS9, and she. abandoned himin lBjiui' ( ,

, , . 5 ;

ti'dhterday afternooH'bff-ypliroid.',feve- r anddiabetes.. His parents land three tirotnerssurvive

(Mrs, Herman Rave will leave' for Salemtomorrow to visit, her brother, Dr. An-

drew Read.

The funeral of Mrs. Dorothy Charmockoccurred this afternoon, at 2 o'clock fromher late home on Missouri avenue. Theservice was conducted by, the Rev. F. N.Chapman, rectflr of St,j"Paul's Church.Interment at Eastern Cemetery.

Mrs. J. S. Fernett will givea' recital atBethlehem Saturday evening for thobenefit of the M. El Church. '

The Intermediate League will be enter-tained at the home of Miss Grace VeasyThursday evening.

A contract to' build 1,600 gondola' carsfor the Illinois Central has 'been securedby the local Car Works.

A number of ladles from' thi3 city,members of the Ladles of, 'the Grand Armyof the Republic, will attend, a coffee so-

cial, to be given at the home of Mrs. Chas.Herman, 20J. Adams street,' Louisville,Friday afternoon.

Mrs. Agnes Middleton died at Under-wood of congestion of the lungs. She hasa son in the United States navy.

Clarksville, Charlestown, Sellersburgand Port Fulton will have town electionsnext Monday.

NEW ALBANY.

Sadie Marxon, through Stdtsenburg &

Weathers, (today filed suit for divorcefrom Fred Marxon. They were marriedJanuary 1, 1895, and lived together untilApril 15, 1S99, when she alleges that onaccount of cruel treatment and failure toprovide she was forced to leave him. Sheasks for the custody of their two childrenand $300 alimony. The defendant residesat Bloomington, Ind. He recently flleisuit for divorce" in that city.

The two-stof- y frame residence of Mrs.Emma Clark, at 20S East Main street, wasbadly damaged by sire about 6:30 o'clockthis .morning. The sire started in theroof of the kitchen from a slue, Etnd wasspreading rapidly when the alarm wassounded from box 61. The blaze was con-fined to the rear part of the house, andthe loss from sire and water was about$750. The furniture pf Mr. and Mrs. HarryHancock, who occupied the house withMrs. Clark, was badly damaged. HermanII. Grlefe, whose upholstering establish-ment adjoined Mrs. Clark's house, suffereda loss of about $30 from water.

The funeral of Mrs. Caroline A. Millertook place today from her late residence,1709 Ekin avenue. The Rev. CharlesHutchinson conducted the services, andthe remains were itaken to Scott's grave-yard for interment. .3.-- ,

Delia Walker today filed suit for di-

vorce from Samuel Walker. She allegescruel tjfeatrhent and adultery, and "ask"ifor the .custody ott their two children.The defendant resides at Corydon.

B. F. Ewing and sister'are visiting' theirsister, Mrs. E. M. Clark.'at Seymour.

, , - ,

James Guthrie and Miss Florence E.Dangerfleld are to be .married tonight bythe 'Rev. J. A. Ward at the new home ofthe groom, 1404 East Oak street.

James F. Evans, who runs 'a grocerystore on Rear Market street, above Vin- -

EAUTIFUL

money.

we have

TO ALL.

goods come from us.

&SON,AVENUE (Atherton Block).

cennes, was robbed of $10 about 7 o'clocklas; evening. Two negroes entered thestore, and one of them mide a purchaseof some eggs. While Evans was in therear part of the store tthev Other reachedbehind, the counter afiayisiBuWd a e.garbox,.w'hicti contained a;fiout $i0in change.

' George L., tne seventeen-months-ol- d

son of Mr. and Mrs. Frank rjihulte, diedthis morning at their homHju Wes-Tent-

Street. "..Frank Coffey, employed at the common

beer brewery, on Vincennee stfe,et, selldown a stairway yesterday afternoon andInjured his spine. He is being attendedBy Dr. Mclntyre.

A is.eries of temperance meetings willbe commenced in this city nex Mondaynight by W. C. Helt, of Indianapolis,State 'lecturer ahd organizer of the In-

diana 'Anti-Saloo- n League. '4

, :Mrs. Nellie Otero, of New Orleans, who

was called to this city by 'theMfleath. other mother, Mrs. Lucy KelthleyMwill return home next Thursday. t

" '. V i IPythagoras Lodge of Masons will cent

fcr the Felloweraft degree tonight.

.Mrs. Dell Firnhaber and daughter, ofLouisville, arei visiting her parents, Mrand Mrs. J. W. Durbln, 20 East Thirdstreet.

. '4Miss lAlice Atkins will leave JfThUrsdayfor Washington. D. C to visltj her sister, Mrs, Herbert Fawcett.

;t.At the meeting of PiankeShaw Chap-

ter, D., A. R., held, at .the residence oMiss Minnie Akers, Rear Market strew.Interesting papers were TeaTf' by JtissAnna Cardwill on, "Our Firsaftavy" andon "The Prison Ship Martyrs." MissEdith Collins rendered severali-pian- se-

lections. Ice cream "and strawberrieswere served by the hostess. J

Milton H.- - Sloan, of Marengo, throughStotsenburg & Wea'therS, oti'this- etiy,has filed suit, against theJirJline Oom-pan- y

of aiVagon and team of horses and personalInjuries resulting from a collision wllhan Air-lin- e train at Marengo severalmonths ago.

. .'Robert H. Alexander, son'of the lateDr. S. A. Alexander, o this city, diedof heart disease at his home "in Los An-

geles, Cal., several days ago. He leae.ia wise and six children.

The ladies of HoUy Trinity Qhurch willgive a euchre tomorrow afternoon andnight at the school hall.

w

Centenary M. E. Church will hold anall-da- y prayer-meetin- g tomorrow.

tiol. Charles L. Jewett, of trj'is city,willlmake an address at the annual meet-

ing dOf the Spanish-America- n War Vet-

erans of Indiana to be held next Thursdayat Indianapolis.

Thomas and Edward Spainhour andMrs. Halloa and six children lest yestei- -day for North Ontario, C1., to reside.

Tni,n n Tillo,-- lias been Err.inted aperknit to .erect a cottage On Main, be-

tween Sitxeenth and Seventeenth streets,to cost $700:

H,V 'l rDr. and Mrs". J.'E. Steele will leave in

a sew days for Farmland, Ind., for thebenefit of Dr. 'Steele's health'

Congressman W. T. Zenor''was In thecity last night on his way from Washing-

ton to Corydon.

The Federated Clubs of th's city Willhold the last meeting of the year atMusic Hall, Thursday night. The Kav.W. C. Martin, of the Baptist Tabernacle,will make an' address on the humanemovement which w)ll probably, be takentip by the qlubs next year. The meetingwill be In charge of, the Thalld, 'Trilliumand Beethoven Clubs.

Tnriiri. Raker, of the ' United State--

Court,' has allowed Louis Hartman thesum of $300 to recover .expenses incurreriin becoming bondsman for the Kentucky& Indiana Bridge Company in a damaesuit filed in the qiark Circuit 'Curt.TTnitoi Rrntes Commissioner l ,

who doted as Special Master IB th case,made the allowance some time ago. andit was contested by creditors. JudgeBaker's decision sustains Coromlss'onerCardwill.

John 1 Maginty, aged sixty-seve- n

years, died Sunday at Paoli. He hadserved ten years as Cicik of Orange eoun.ty, was in the Legislature for sour, yea'sand served as postmaster of Paoli und rCleveland's firs.t administration, Hi wa

tip, 'this cits'.

The ninth anniversary ,of the Rev. S.

C. Manuel's pastorate of .the Second Bip-ti'- st

Church will 'be celebrated next Sun-

day and Monday,

William Bloat, of Shippin'gport, wa--

dead drunk 'and floatihgi down the rive"in A skiff yesterday afternoon, ( The boatTvas towed to shore by several men, w1kwere picking up driftwood., Bioat's sk ftwas leaking, and hj was nearly' covered,by water when he-w;- sound. 'He was ar-

rested by Patrolman Fess anl was fined.$8 80 by Justice Richards.

LAST I M PORT AX I ON 2 CARLOADS.Twenty half and twenty quarter

Rauenthaler and Nier-Ftein- er

White Wines; Assmannshausjrand Affenthaler Red Wines in casks. Alsj ,car Ruedeshelmer, Niersteiner and Kai-ser. Hochheimer and Assmannshatiser,Sect, in cases; Nussoil. FrankfurterWurst and Westphalien Ham. etc.AUG. HOLLENBACH, 246-24- Third st.