and vision go divisions: into or of is city: a of THE KANSAS CITY JOURNAL, WEDNESDAY, AUGUST 11, 1895. DOLLAR GAS WANTED VALID REASON FOR ACTION OF LOWER HOUSE MEMBERS. PEOPLE ARE TIRED OF DELAY. WHY A FRANCHISE SHOULD BE GRANTED THE OLD COMPANY. City Counselor MeDougal Holds That the Passage of the Company's Ordinance Will Not Cause a Conflict With the Julian Law.
The Kansas City Gas Light and co*ke Company's application for a franchise to operate its plant for a period of thirty years will come up before the lower house at the council meeting called for to. night. As regards the action to be taken by the house there 18 much speculation, but consensus of opinion is that the ordinance passed by the upper house last Friday night should be concurred in. There are several members of the lower house, however, who do not approve of this. They cannot see that by granting the old gas company a franchise they will be acting in the city's interests.
The gas company offers to reduce the price of gas to $1 per thousand cubic feet; to dismiss the suits now pending against the city, and to pay the costs therein: to pay fees of the attorneys employed by the city dur. ing litigation; to pay back all moneys collected since March 1 at a rate in excess of $1 Der thousand cubic feet. This amounts to $35,000 to the consumers of gas, and an unknown sum to the city. Chief among those who are against the old gas company and the city's interests are Councilmen Stoner and Kidwell, even though they have been advised by the city counselor and other prominent attorneys that the city would gain by move. Mr.
Stoner objects to giving the company a franchise until the Missouri Gas Company has constructed Its plant, because, he says, the Kansas City Light and co*ke Company would then be in a position to make contracts for supplying gas. while the new company would still be a possibility. He also objects to a clause which states that a consumer can disconnect from the shutoff of one company and accept the service of the other after giving forty-eight hours' notice of the change. This, according to Mr. Stoner.
does not protect the new company. Kidwell's reasons are not upon any particular point, but he wants more "protection" for the new company. In every case the object is to protect the new company, without giving any particular to the city's interests. These they seem to consider of secondary importance. Messrs.
Stoner and Kidwell held a star chamber conference in Mr. Stoner's office yesterday afternoon. They talked of gas. The only outsider present was a representative of the Missouri Gas Company. is probable that further precautions for the protection of the new company were discussed.
Prior to the consultation with Mr. Stoner, Mr. Kidwell had been talking at length with Councilman Olson. The Missouri Gas Company representative was in the immediate vicinity during that conversation, also. This may mean that the new company 19 interested in the steps taken by the city fathers to protect the Snyder interests, but a leading citizen said yesterday: "The position of certain members of the lower house of the council on the pending gas ordinance is suggestive of one, and only one, of two things--blind stupidity, or improper influence." The men who made the fight against the old gas company Were C.
O. Tichenor, O. H. Dean and F. F.
Rozzelle, ably assisted by Judge McDougal after he became city counselor. Those who made the strongest tight in the council were Peter H. Tiernan and P. S. Brown, Jr.
These are the men who knew all the facts and the law involved. and they are now in favor of the franchise being granted. Before going into the supreme court the attorneys for the city knew that that court could forfeit the charter of the Kansas City Gas Light and co*ke Company in but one way, and that was to induce that court to overrule its solemn decision, rendered regarding a similar charter in the ense of Fairchild against Masonic Hall Association, reported in 71. Mo. Reports, on page 526.
The first syllabus of that ease is 88 follows, as anyone can see by turning to the volume: Corporation. Perpetual Succession. A private corporation was invested by its charter with 'perpetual Held. that these terms in their natural and ordinary acceptation signify indefinite duration. and not merely continuous or uninterrupted succession for a limited time, and as in this instance they were unrestricted by other terms the ordinary signification must prevail, and the corporation be held invested with right to exist forever." It was no easy thing to get such a court to overrule one of its own decisions.
Perhaps one of the strongest inducements held out by the city's attorneys to bring about that result was the statement, made in open court, that the city would grant to the old gas company as liberal aL franchise as that granted to the Snyder company, That open announcement, coupled with other facts in the case, give the city the benetit of all equities' and should be held in good faith to bind every citizen of the city, The gentlemen above named fully realize that it the pledge made by the city's attorneys to the supreme court are not carried out in good faith, then that court will consider that the equities have been transferred from the city's side to the side of the old gas company, and that the supreme court will, in sone way, protect the shareholders of the old gas company from the unlawful attempt upon, the part of the city to confiscate their property. These gentlemen realize the danger the people would be in if the common council should fail to carry out the pledge made to the supreme court: they realize the nature and extent as well as the immense cost of prolonged litigation such 88 the old gas company can make, and now that that old company has thrown up the sponge and acceded to every demand made by all these gentlemen on behalf of the city, it is considered passing strange. that some members of the lower house still insist on holding up the shareholders of the old company. It is well known that Mr. Gage, who for twenty years was the senior counsel for the old gaS company, would gladly keep up the fight, and hopes the council will show its colors, and will refuse 10 pass the ordinance as it now stands.
Mr. Gage sees the immense advantage that such a stupid course on the part of the council would be to his clients. The fact is that, by the pending ordinance, the city gets everything and gives up nothing: that if it passes, the citizens of the city will have the benefit of competition, and at least of dollar gas. While, on other hand, it the pretentious members of the lower house of the council persist in their course, the city will have on its hands another series of litigation which will be as expensive and as disastrous to the city as the water works case has been. Common sense and common honesty alike demand that these lower house nembers should follow the advice of thos who know something about the case, anu no longer stand in the way of the interest of the people, The lower house has been advised of the situation by several of the men who conducted the city's tight in the courts.
F. F. Rozzelle addressed a lengthy letter to the lower house gas committee, advocating the granting of the franchise. This was published in the Journal some time ago, and was conclusive in its arguments. In Sunday's issue of the Journal was an interview with 0.
H. Dean regarding the company's rights, and the application of the Julian law to the plant. Mr. Dean was in favor of granting the franchise. The members of the committee were not fully satisfied with the expressions, and in order to remove all doubts, P.
S. Brown. chairman of the gas committee, asked Judge H. C. McDougal for an opinion in the matter.
The opinion in full is as follows: "Kansas City, Aug. 13, 1895. S. Brown, Chairman Lower House Gas Committee, City. "Dear Sir: As to the effect of the decisIon of the supreme court of this state in the litigation between the city and the Kansas City Gas Light and co*ke Company, you propound two questions bearing upon the ordinance now pending before your committee to Milton J.
Payne and others. "Your first question is: "First-'It is claimed since the recent decision of the supreme court in the above mentioned gas litigation that all the pipes, mains, lamp, posts, connections, now in the streets and alleys, belong to and are the property of Kansas City. Will you kindly state if this claim is correct and based upon good "The franchise of the Kansas City Gas Light and co*ke Company was forfeited by a proceeding In the nature of a q110 warranto against that company, and your question is best answered by the language employed by Morawetz in his standard work on corporations, as follows: 'Section 1033. Forfeiture of Franchise Does Not Include The Judgment rendered in a proceet of scire facias, or an information in the hature of a (1110 warranto, against a corporation. can reach only the corporation Tranchises: these may be declared but the property rights cannot be cated by the state or prevented from devolving according to the ordinary rules of equity and the common "In support of the doctrine here nounced.
this distinguished author cites two decisions rendered by the supreme court of the United States, and one each rendered by the courts of' last resort of the states of Indiana, Mississippi and Ohio. The charter of the Kansas City Gas Light and co*ke Company might have been dissolved by the legislature of the state under the reserve power of repeal. Had it been done in that way, then same rule would have obtained, as you will see by reading the following, which is a copy from another section of Morawetz on corporatons: 'Section 1104. Property Cannot Be Confiscated- The rights of state to repeal the charter of corporation, and dissolve, by exercise of the reserve power of repeal, does not enable the state to confiscate its property. The property of the company, after such repeal, continues to belong to the shareholders and creditors, as in case of a dissolution by expiration of the charter.
or by Judicial proceedings. Justice Miller said: 'Personal and property acquired by the corporation In its lawful existence, rights of contract or chooses In action 80 acquired, and which do not in their nature depend upon the general powers conferred by the charter, are not destroyed by stich peal, and the courts may, the legislature does not provide some special remedy, enforce such rights by the means within their power. The rights of the shareholders of such a corporation to their interest in its property are not annihilated by such a repeal, and there must remain in the courts the power to protect those "The language above quoted from Justice Miller, of the supreme court of the United States, will be found in Green wood VA. Freight 105 U. 13, 19: substantially the same rule has been laid down by the supreme courts of North Carolina and New Hampshire, and I know of no decision of any court to the contrary.
Hence the claim mentioned is neither correct nor founded upon law. "Your next question is as follows: "Second- Does this proposed franchise to M. J. Payne et al (now before the committee) and the manner proposed in passing the ordinance therefor. interfere or confilet in any way with the "Julian law: in other words, has the common council the power to pass a franchise without an auction or bids received for the privileges to be "Inasmuch as the plant 19 already constructed and in operation and is the property of the shareholders oL the Kansas City Gas Light and co*ke Company, and not the property of the city.
there could, in the nature of things, be 110 bidders other than the owners of that plant. Hence, without answering the question A8 to whether what is known as the Julian law' applies generally to this city. It is enough to say that under the peculiar facts and circ*mstances here involved, that law does not. in my judgment, apply to the case you are now considering. may add that i have read with care the opinion given to your committee by my predecessor, Mr.
Rozzelle, and fully concur in the views therein expressed. Very truly yours, H. C. M' DOUGAL, "City Counselor." SIX MORE PRIZES. The Horse Show Managers Are Promised Four Gold Medals and Other Enticing Rewards for the Winners.
Yesterday saw the addition of six more prizes to the list of premiums for the fancy horse show, making a total of fifty-one open to competition. A cablegram received yesterday by the Missouri, Kansas and Texas Trust Company announced the fact that the Dutch friends of this company offered four $100 gold medals as horse show prizes. and stipulated that the medals be made in Kansas City. Two cash prizes of $25 each were offered by the Kansas City stock yards horse and mule market. Three of the Dutch gold medals will be awarded in the tandem, coach and four-inhand classes.
is proposed to give the fourth to the business house, wholesale or retail, exhibiting the most stylish delivery wagon. This will include all classes of delivery wagons, from the ponderous vehicle of the packers to the light retail delivery wagon. Competition will be limited to one wagon from each house. The driver will receive a cash prize, while the firm owning the wagon will be awarded the medal. The disposition of Captain Tough's prizes has not been decided yet.
The special features will be great attractions. Filemaker, the horse that holds the high jumping record of the world. will be exhibited by the woman horse trainer, Madam Marantelle. She will also bring Woodlawn, a celebrated saddler, Sport, the well known pacing dog, will go for a record. A meeting of executive committee will be held the latter part of the week.
HIS INJURY FATAL. Death of Frederick Ackerman, Who Fell Off the Roof of a Barn. Frederick Ackerman, aged 35 years, a driver for the Loose Cracker Company, died at the German hospital yesterday forenoon from injuries sustained by a fall from the roof of the Kansas City Transfer Company's barn, at Fourth street and Broadway, Sunday afternoon. The barn is two stories high in front and one in the rear. Ackerman lived with his wife and three children in the front part of the building.
Sunday he was seated on the roof of the rear part of the barn talking to Louis Schriver, a driver for the transfer company. Suddenly Ackerman lost his balance and fell over backwards from the roof. In falling he struck 11. cart standing by the side of the barn and severely injured his head. Dr.
J. C. Brownlee was called and treated Ackerman until vesterday forenoon, when he advised his removal to the hospital. The injured man died a short time after his removal. The body was taken to Wagner's undertaking establishment.
The funeral services will be held at Wagner's chapel at 3 o'clock this afternoon. Burial will be at Elmwood cemetery. When They're Rebellions and Shirk Duty Don't attempt to overcome inactivity of the kidneys with fiery, unmediated alcoholic stimulants. Use instead Hostetter's Stomach Bitters, in which the spirituous basis only serves as a vehicle fort the superb botanic medicinal principles blended with and held in perfect solution by it. Just the right degree of impetus and no more, is given to the kidneys and bladder by this estimable tonie, stimulant and corrective, which expels through those channels the impurities that give rise to rheumatism, dropsy and gravel, and remedies that chronic inaction of the organs which otherwise must terminate in Bright's disease, diabetes or some other formidable renal malady, An incomparable remedy is the Bitters also for constipation, dyspepsia, liver complaint, rheumatism, malaria and nervousness.
Promote appetite and sleep with it. NEW YORK IN 41 HOURS Without Change of Cars Via Missouri Pacitie and Pennsylvania Lines. Do you want to visit your friends in the East? The last opportunity this summer to do so on cheap excursion rates will be from August 19 to 24, leaving Kansas City, and returning by October 6. On August 19 and 22, through sleeping cars will be run to York via the famous FAST MAIL ROUTE, leaving Kansas City at 1 m. via the MISSOURI PACIFIC RAILWAY.
and arriving in New York in forty-one hours. There is no guess work about this, as it is done day in the year. The "New York limited." via Missouri Pacific and Pennsylvania lines, holds the record for the quickest, best, most reliable, and hence the most popular route, to the East. Reserve your berths now and secure the best. For tickets, rates, and all information in regard to "the way to get call at 1048 Union avenue.
or 800 Main street. E. S. JEWETT, Agent. A Grocer Arrested.
Phillip Greco, a grocer at No. 300 Holmes street, was arrested yesterday afternoon on the charge of selling impure milk. He gave bond for his appearance in the police court to-day. When you suffer from sick headache, dizziness. constipation.
remember Carter's Little Liver Pills will relieve you One pill is a dose Interstate Fair at Holden, Mo. For this occasion, the Missouri Pacific will sell tickets to Holden, and return, August 12 to 17, inclusive, at rate of $1.55. Offices at 800 Main street and 1048 Union avenue. E. S.
JEWETT, P. T. A. PEAVLER SECURES DELAY. WILL TRY TO PROVE THAT HE IS NOT A POSTOFFICE ROBBER.
Suing to Recover thin Amount of a Folley Held by Her Deceased Husband -Testimony Heard in Andrews Divorce Case--The Gourley Judgment. Joe Peavier, one of the men charged with complicity in the robbery of the Brookfield postoffice, was arraigned vesterday morning before Commissioner John M. Nuckols for his preliminary hearing. SIx witnesses for the government were examined and the evidence given by them WaS much the sante as reported in the Journal yesterday in the case of Harry Stroude. After the evidence wag heard, Peavier, to the surprise of everyone present, asked that the hearing be adjourned for a week 80 that he might have time to secure the attendance of some witnesses.
The request was based on the fact that In the evidence there had been brought out facts that he did not anticipate and he sald he would be able to refute them if given time to get his witnesses. The request was an unusual character, but it was granted by Commissioner Nuckols. and the hearIng adjourned until the 20th, when it la to be: continued. Among the witnesses examined yesterday was Walter S. Day, the young man who was deputy postmaster at Brookfield at the time of the robbers, and 19 charged with complicity in the crime.
The evidence of the government was not as favorable to Peavier as he expected it would be. He had stated that he WAR with the gang under the direction of Postoflice Inspector Paul Williams If that statement was verified by Williams. then Peavier was the friend of the government Instead of its enemy. But It is claimed that Williams will not verify the statements made by Peavler, and that he may not succeed in getting the case dropped. Peavier had declared that on the day of the robbery he was at his father' house, at Sumner, and had been there for two weeks, sick.
Yesterday It was stated on the witness stand that he was in the city the day prior to the robbery, and nt that time was talking to another party about some easy methods of securing funds. To-day the preliminary hearing of August Tanner Is to take place. It is altogether likely that on this occasion more of the facts concerning the robbery will come to the surface. In fact three of the four men are clamoring now for an opportunity to confess and tell on each other, but inasmuch that no two of them tell the same story, the officers can do nothing but go ahead with the examinations and secure all of the facts as far as may be possible. Ex- W.
D. Crandall, who is now a resident of St. Louls, is to be present to-day and so will Walter Day, his sistant. There are several sworn statements In the hands of the officers, but none of them agree as to the material facts and circ*mstances, and the testimony of Mr. Crandali and of Paul Williams will gO far toward clearing away some of the fog that hangs about now.
The robbery was one that netted the men who committed it over $1,000. and was done at a time and in manner that caused great excitement and battled every effort to find the perpetrators for a year. Inasmuch as three of the men are now telling on each other. the government officers are encouraged to believe they have cornered the gang and are determined that not one of them, if guilty, shall escape. WILL BE ARGUED TO-DAY.
All the Testimony Heard in the Andrews Divorce Case. The taking of evidence in the now celebrated divorce suit where Amador Andrews is seeking the aid of the court to dissolve the marital tie binding him to Marie Theresa Andrews was concluded in the circuit court yesterday. Aside from aL number of witnesses who testified to minor facts, the father, mother and sisters of Mr. Andrews were on the witness stand, and each gave his or her version of the family difficulties which culminated in Mr. Andrews leaving his wife and suing for divorce.
In concluding the case Mrs. Andrews was on the stand. and in her testimony furnished one of the most dramatic and effective scenes connected with the trial. When asked by her attorney to explain the remark she nad made to the effect that she hoped that the next time she saw her husband he would be in his coffin, she said: Mr. Patch was talking to me about reconciling my husband and myself he said something about divorce ceedings, and replied that my prayer was that God might divorce us, that one of 115 might die.
rather than a divorce suit be had in the courts. I didn't want Mr. Andrews to die, and say now that would rather God would divorce us by death than have a decree of divorce from the judge of this or any other human court." Attorney MeD. Trimble had dragged in by the ears a statement that for a time previous to her marriage Mrs. Andrews had been a dressmaker.
Her explanation was that while in California there came temporary reverses to her family while her brother was in the hospital, at great expense, and she did some sewing for Mrs. Waldo, wife of Supreme Judge Waldo, of Oregon, and other equally influential friends, that she might contribute something to her brother's support. Mr. Andrews was the first witness to testify and in his cross-examination by Mr. Karnes as to the story that his wife beat him.
admitted that he weighed 200 pounds, was six feet in height and in good health, while Mrs. Andrews was a frail, delicate woman. Mr. Andrews was followed by the different members of his family, beginning with George S. Andrews, father of the plaintiff, he denying that at any time he had called Mrs.
Andrews the various names she had testified that he had. In fact he proved an adept at denying, his whole testimony being one contradiction of the statements made by Mrs. Andrews. Mrs. Andrews, mother of Amador Andrews, was the next witness.
She said that her son's wife had visited them at California, but that she had never visited her son's home after his marriage with the present Mrs. Andrews. The testimony of either the father or mother of Mr. Andrews showed no great amount of regard for their son's wife. Several emploves of the Wells-Fargo Express Company cheerfully testified as to the wonderful good temper shown by Mr.
Andrews in his business intercourse with them. Mr. Karnes brought the reply from each of them that they were hired by Mr. Andrews. The case concluded with the testimony of Mrs.
Amador Andrews as far as the taking of evidence is concerned and today at 9:30 o'clock the arguments will be heard. Mr. MeD. Trimble opening for the plaintiff, Mr. Andrews, followed by Mr.
Karnes, who will, in behalf of Mrs. Andrews, protest against the granting of the divorce asked for by Mr. Andrews. Mr. MeD.
Trimble will close, A WIDOW'S SUIT. Mrs. Rose Peek Suing to Recover Upon Her Dead Husband's Policy. A suit was filed in the circuit court yesterday by Mrs. Rosa Peck, widow of Samuel Peck, who formerly kept a.
millinery store at No. 617 Main street, against the supreme lodge of the Knights of Pythias to recover $1,000, the amount of an insurance policy her husband carried with the order. Mr. Peek joined the lodge in January, 1895, and was insured for 81,000. He died in March of what the physician alleged to be fatty degeneration of the heart, and upon notice of this fact the lodge refused to pay the amount of the polley on the ground that Peek must have been suffering at the time of obtaining the policy from the complaint that caused his death.
Mrs. Peek is now conducting her husband's business as executrix. The suit is brought in her own and the name of her two children. GOURLEY JUDGMENT. Assignee Sidney Hurd Says He Will Mandamus the City.
Thomas E. Gourley, who is now holding revival meetings around Kansas City, was formerly a member of the police force. He left the force in 1891, and shortly afterwards brought suit against the eity for $300, which he claimed was due him for overtime worked since the eight hour law went into effect. Gourley won the suit, and afterwards asigned his judgment to Sidney Hurd. The judgment has never been satisfied, and Mr.
Hurd has announced his intention of applying to the circuit court for EL writ of mandamus to compel the city to pay the judgment at once. The officials of the city have announced their willingness to pay the judgment, when the matter of who the money shall go to is settled. Want the Lease Terminated. The depositors of the Kansas City Safe Deposit and Savings bank have employed attorneys who will shortly tile a suit In the circuit court, asking the court to terminate the twelve year lease held by the American Bank Building Association, in which the Kansas City Safe Deposit and Over 6,000 People In State of Michigan Cared in 1894 by This New Preparation. Stuart's Dyspepsia Tablets, the new discovery for stomach troubles, is claimed to have cured over 6.000 people in the state of Michigan alone in 1594.
These tablets 1 have become so popular with physicians and people who have any form of Indigestion that they have the Indorsem*nt of such physicians as Dr. Harlandson and Dr. Jennison as being the safest, most reliable remedy for sour stomach, chronte dyspepsin, gas, bloating, palpitation, headache. constipation, and in all cases where the ap. petite 18 poor or the food imperfectly dirested.
It 19 sate to say that Stuart's Dyspepsia Tablets will cure any kind of stomach trouble except cancer of the stomach. They are not a secret. patent medicine but composed of vegetable and fruit essences, pure pepsin, Golden Seal, ginger and the digestacids. They are pleasant to take, can be carried in the pocket, and they cure because they digest the food promptly before it has time to ferment and poison the blood. Druggists everywhere sell Stuart's pepsia Tablets, full sized packages, at DO cents, book on Stomach diseases and thousands of testimonials sent free by addressing The Stuart Co.
Marshall. Mich. Savings bank agrees to pay $600 a month for the quarters now occupied by Howard M. Holden, assignee, as offices for the defunct bank. The petition, which will be tiled in support of the motion, will say that the building association, Instead of being 011 par with other creditors and their claim for rent coming as other claims the assignee has been paving the rent in full each month.
thus defrauding the depositors. Duritis the two years since the bank has failed, the assignee has paid the rent in full. $11,100, whereas, if they had been treated as the other creditors, they would have received only 83,600. A NEW DYSPEPSIA CURE. ALLEGED LAND SWINDLERS.
Two of Them Change of Venue and the Third Committed to Jail on Six Counts. The cases of J. T. Ebbs, P. D.
Tobie and A. 1. Reed, the alleged land swindlers. were called for hearing in Justice Case's court yesterday morning. Through his attorney, Mr.
Ebbs waived examination, and was placed under $2,250 bonds to await the action of the grand jury, A few moments later Ebbs was arraigned in Justice Ebert's court. charged with having swiftdied A. B. Wagoner, of Douglas county, by means of fraudulent land titles. He again waived examination.
and was bound over to await the action of the grand jury in September. His bond wits fixed at $1.000. Ebbs could not furnish bond In either court. and was committed to jail on six counts. He claims he will be able to furnish bail to-day, Reed and Toble, after being arraigned in Justice Case's court, applied for a change of Ventle.
The court assented, and sent the cases to Justice Withrow. where they will come up for hearing next Saturday. HALF RATES TO BOSTON, MASS. And Return Via the Big Four Route. August 19 to 25, inclusive, the Big Four route will sell tickets St.
Louis to Boston and return, at one far for the round trip. Tickets good returning until October 3. If you want to go one way and return another you can do so at slight additional cost. We have forty different routes to choose from, including trips via Niagara Falls, Montreal, the White mountains, ocean steamers from Boston to Norfolk, by rail from New York to Old Point Comfort, Newport News and Norfolk by rail from New York via Philadelphia and Washington. through the battletlelds of Virginia and the magnificent scenery of the Blue Ridge and Allegheny mountains.
Solid trains daily between St. Louis and Boston. For full information address W. F. Snyder, G.
W. St. Louis: W. Green, T. P.
Kansas City, or ticket agents of connecting lines. LEONA HAYTER DISCHARGED. The Charge of Stealing Diamond Ring Was Not Prosecuted in Court. Leona Hayter, who was arrested Monday, charged with having stolen a $250 diamond ring from Hattie Wallace. of 18 West Missouri avenue, and whose case was set for hearing yesterday before Justice Walls, did not appear when her case was called.
She was brought into court later on an alias warrant, but explained her absence by saying that the matter had been compromised, and that Miss Wallace would not appear against her. Justice Walls explained to her that the costs in the case had not been paid, she must be held for them. She sent for Miss Wallace, who settled with the court, and the defendant was discharged. HELD WITHOUT BAIL. Berry and Beekley Must Answer for the Murder of Thompson.
Flournoy Berry, alias "Funny' Berry, and John Beckley, charged with the killing of Thomas J. Thompson last Monday, were tried in Justice Spitz' court yesterday afternoon. A number of people were present at the trial, and many witnesses testitied as to the character of each defendant. At the conclusion of the evidence Justice Spitz announced that he would bind the boys over to await the action of the grand jury, without bond. to answer to a charge of murder in the first degree.
HORT IN A RUNAWAY, A Frightened Team Upsets a Wagon. Breaking J. S. Lauffer's Leg. Yesterday morning it team of horses driven by J.
S. Lauffer, a butcher at No. 2218 Holmes street, became frightened at Twenty-second and Holmes streets and ran away. After a run of half a block the wagon was upset. Lauffer fell on his left leg, breaking the bone between the ankle and knee.
The police ambulance removed him to the city hospital The upsetting of the wagon stopped the runaway and the horses were caught hefore they had done themselves any injury, "The Best Pill Lever used." is the frequent remark purchasers Carter's Little Liver Pills. When you try them you will say the sale. THE WEATHER. The official forecast for to-day 1s: For Missouri, generally fair, slightly cooler in extreme northwestern portion: for Kansas, fair, slightly cooler in northern portion. The highest and lowest temperature recorded here yesterday was 90 and 72 degs.
The record of observations at other places last night was as follows: Stations. Bar. Temp. New Orleans Galveston Cincinnati Chicago St. Paul Springfield Concordia Dodge City St Bismarck 74 Helena Denver Wichita St.
Louis Kansas City 81 Many persons keep Carter's Little Liver Pills on hand to prevent bilious attacks, sick headache, dizziness, and find them Just what they need. GRAND EXCURSION TO BOSTON Via. Santa Fe Route. Fare for the round trip, Kansas City to Boston, $30 and $33, with slight additional charge for returning different route. Tickets on sale August 19 to 24, inclusive.
Special train through to Boston, consisting of vestibuled Pullman sleepers and dining cars, will leave Kansas City via Santa Fe route Thursday, August 22. making stop of a few hours at Chicago, Niagara Falls, Toronto and Kingston, where passengers can take steamer down St. Lawrence river and meet train at Montreal: thence to Boston. Sleping car berths can now be secured. For additional information call at Santa Fe route ticket offices, northeast corner Tenth and Main streets, or 1050 Union avenue.
GEO. W. HAGENBUCH. Passenger and Ticket Agent. Now Is the Time.
Very low rates to the Iowa and Minnesota summer resorts via the Chicago Great Western--Maple Leaf route. New and elegantly furnished Pullman and dining cars attached to all trains. Meals served on the cafe plan. Trains leave Grand Central depot, Second and Wyandotte streets, 9 p. m.
Ticket office Union avenue. For further information address W. LINCOLN. P. 226 Exchange Building, Kansas City.
F. 41. LORD, G. P. and T.
Chicago, Ill. Ole 0. Bean. Section Foreman, Struck by an Air Line Train and Killed at Crescent Station. Ole O.
Bean, a section foreman, employed by the Kansas City, Pittsburg Gulf Railway Company, was run down and almost instantly killed at 9 o'clock yesterday fore. noon by the West bound Air Line train. The accident occurred at Crescent station, about halt way between Independence and this city. Bean was nt the section house at that place and started to cross the Air line trick to secure a plece of ice from Belt Line freight train. which had pulled Up at that point to unload some ice.
He had climbed small embankment on which the Air Line rails are placed, and wits crossing the track when a passenger train dashed around the curve and struck him. Ho was hurted from the track and thrown down twelve foot embankment on the right side of the train. Many of the bones In his body were broken and his skull was badly crushed. The train was atopped and Bean was picked up and taken on board. He was 111 conselous and died a few minutes after the iceldent.
The body was brought to this elty by the train crew and Coroner Bedford was notified. He ordered the body taken to Stewart Carroll' undertaking rooms, where a post mortem examination was made. An inquest will be held in the coroner's office at the court house at 2 o'clock this afternoon. 'The body was removed last light to. South Pleasant street.
Independence, where Bean had wife and five small children. He was 50 years of 8 and had been In the employ of the Kansas City, Pittsburg Re Gulf Railway Company for several years. The Air Line train which caused his death wag No. 103. The engine was in charge of James James, ngineer.
and Charles Hocker, fireman. They said the curve prevented their seeings Bean until it was too late. to save his life. Dr. J.
Phillip Knoche, a passenger on the train, witnessed the accident. FIGHT ON BROWN. A Meeting of the Democratic County Committee Will Be Held Saturday to Dust lime HIS SKULL CRUSHED. The Democratic politicians who are fighting Marcy K. Brown are confident that their plans are now properly laid to oust him from the chairmanship of the Democratic county committee.
They have 211- nounced that Mr. Brown's head will drop in the basket on Saturday. This they say with an emphasis that plainly shows that Mr. Brown will gO if his opponents have majority of the committee on their side, A8 they claim. A petition for a meeting, said to have been signed by a majority of the committeemen.
is now ready to be presented to Chairman Brown. The petition asks that the meeting be held Saturday afternoon. Should Mr. Brown refuse to heed the petition. will be presented to Secretary Crawford, with instructions to call the meeting for that day, All of the committeemen anticipate a lively time at the meeting.
A BIG RECEPTION. WI11 Be Given Bishop Hogan When He Returns to Kansas City. The reception to be tendered Bishop Hogan by members of the different parishes of the city, upon his return from Ireland, August 23, is assuming large proportions 88 the time draws near. At meeting of the parochial delegates held in Cathedral hall last evening the reports made to Father Glennon, chairman of the meeting. were quite favorable.
The parIshes have responded liberally to the call for funds necessary to defray the expenses of the reception. Already it is known that 9.500 Catholice will march in the parade and carry torches, and It is expected that many more will signify like intention at the meeting to be held next Tuesday evening. Judge Thomas McNamara has been chos. en grand marshal. and the selection of suitable deputies, as well as the line of march for the parade.
will be left to his discretion. It was decided to hold the services Inside the Cathedral. the doors being thrown open at 8 o'clock. Enough seats will be reserved to accommodate the reception committee, which will attend Bishop Hogan from Cameron. and the parochial committee, which has had the preparations for the reception under its supervision.
On motion. Father Lillis was chosen to go to New York and meet the bishop. escorting him to Kansas City. SCOTCH GRAIN DEALER. Thinks There Will Be but Little Export Trade in Wheat This Year.
Mr. J. S. Craig. of Glasgow.
Scotland, who has been at the Coates House for severnt days, left last evening for the East, and will, at an early date, return to Glasrow. He is connected with the large jobbing grain house of R. Hunter, Craig with offices at Glasgow. Belfast, Liverpool, London, Dublin, Cork and Edinburgh. The firm is the largest jobbers of grain in the United Kingdom.
It does an immense business with the shippers of this country and it was for the purpose of visiting the source of supply that Mr. Craig came out into the States on this visit, Mr. Craig said that so far as exporters were concerned the wheat crop of the United States this year is a failure, and that there would be practically no export trade during the coming year. He was delighted with the enormous yield of corn so promising now. and thought there would be enough of that crop to supply all demands for home and export.
THIRD FRESH AIR EXCURSION. Mothers and Children Will Be in Charge of Salvation Army Officials. Lieutenant Stanley, of the Salvation Army, was busy yesterday afternoon distributing tickets for the fresh air fund pient at Washington park to-morrow. The excursion will number 150 and will consist of both mothers and children. One detachment will start for the park from in front of the army barracks, on Walnut street, and the other from the corner of James street and Lyons cars avenue.
will Kansas Kas, Special electric be provided by the park management and the meals will be by J. A. Staley it furnished cost. A regular dinner will be served at noon and a lunch nt about 5 o'elock. The army officials have on hand 8275 for excursion expenses.
FINED FOR SELLING LOTTERY TICKETS J. W. Black Was Shown to Be the Kansas City Agent of J. Brady, J. W.
Black, the lottery agent who was arrested Saturday night by Detectives O'Hare and Nichols, at Fifth and Main streets, was arraigned in the police court yesterday to answer to the charge of selling policy tickets. Evidence was introduced which proved that Black had an oflice in the building at No. 1126 Main street, and acted as city agent for J. Brady, EL lottery man. Judge Jones fined him $75.
Deaths Reported. The following deaths were reported to the board of health yesterday Sharp, 28 years: 1515 Central August 12: phthisis pulmonalis; burial in Pleasane Hill, Mo. Thompson, Thomas 30 years; 413 East Third August 5: gunshot wounds; burial in Union cemetery. Garth, John 21 years; 1731 Jefferson August 12; appendicitis; burial in Hannibal, Mo. Births Reported.
The following births were reported to the board of health yesterday: Ackeman, J. F. and Emma; girl; Locust; August 12. Brown, James W. and boy; 1007 Freight August 12.
Richardson, Frederick A. and Ellen; boy; 708 East Tenth August 10. MeSparren, James E. and Roe girl; 2305 Jarboe; August 10. Marriage Licenses Issued.
The following couples were yesterday 11- censed to wed: Name, Age. Rubie H. Colton. Kansas City, Laura Wilson, Kansas City, Clahe Johnson, Kansas City, Mo. Jennie Hedberg, Kansas City, .20 A Residence Robbed.
Thieves robbed the house of C. F. MeGregor, No. 2225 Brooklyn avenue, yesterday morning of a pair of gold eye glasses and a silk purse containing $5. Trout Fishing In Colorado.
If you want to know all about the best places and the necessary outfit, address B. L. Winchell, Cheeseman block, Denver, Col. He will send you explicit information cheerfully. Aetna House, 705 Main street; 21-meal ticket, $4: 5-meal ticket.
$1. Meals 15c in South room WILL CAMP AT MARYSVILLE, Knights of Pythias Composing the First Regiment, Under Command of C. Greenman, to Take an Onting. The First regiment of the Missouri brigade. Uniform Rank.
Knights of Pythias, under command Colonel J. Greenman, will camp at Marysville Mo. Tuesday, August 20, ant remain In camp until Sunday afternoon. August The first regiment composed of the following Prevost division No. 1, Kansas City division No.
and North Star division No. this Independence division Independence, Chevaller division No. I. Cameron, Liber Liberty, Josep Fred Harlow No. Mo.
nut division Maryaville. The encampment will be principally for the members the Knights of Pythias The that of from this train will leave the Union Tuesday morning, August trike thy members of the Knights of Pythias to Marysville. REDECED. THEIR PROFITS, Five Dealers in Impure Milk Fined in the P'olice Court. Warrants were served on the following milk dealers yesterday morning for selling impure milk: T.
Dugan, No. 563 Forest avenue: M. Lutz. No. 1414 East Fifth street: 1.
Prince, No. 1021 East Fifth street: M. Webster. No. 701 Independence M.
Englander. No. M. FIfth street and Troost These milk dealers comSal priso part of the list of dealers for whom warrants Were issued last week on comtiplaint of the board of health. The arrested men were arraigned in the police court and samples of the Alleged Impure milk sold by them was introduced 88 evidence of their Dr.
Nishkin, employed as milk tester at Armour'8 packing house. testifled that the samples of milk secured from the dealers did not conttain the amount of solids required by milk ordinance. Judge Jottes fined five of the milk dealers $10 each. M. Englander, of No.
600 Independence avenue, Wits charged. He proved that he had abandoned the milk business. If You Lack Energy Take Horsford's Acid Phosphate. It vitalizes the nerves, helps digestion. feeds the brain.
makes life worth living It 19 a medicine, a food, and a delicious beverage. Held to the Grand fury, Clarence Jackson, who was arrested Saturday night, charged with stealing cow from N. G. Williams, of Independence, a conductor on the Air Line, was taken before Justice Case Vesterday morning for trial. He WAR found guilty and bound over to the grand jury.
In default of $500 bail he was committed to jail. THE DOCTOR'S COLUMN. E. L. Kansas City--I feel languld and tired all the time.
No energy, and very nervous. Have pimples 011 my face. What shall 1 take? Take Cerebrine, extract of the brain, in five-drop doses, three times daily. Twice a week take a dose of Nathrolithic Salts. Alex.
New is a good remedy for gout? Febricid one pill three times daily. A dose of Nathrolithte Salts twice a week. Mrs. H. Phila.
the nervous debility take Cerebrine, extract of the brain, in five-drop doses, on the tongue, three times dally. For the catarrh. use Witch Hazel ointment snuffed up the nose: also take a teaspoonful of Nathrolithie Salts in a halt tumbler of hot water. a half hour before breakfast, twice a week. S.
S. New York. -For your trouble take Ovarine, in four-drop doses. twice daily, on the tongue. A dose of Nathrolithie Salts, twice a week would be advisable.
C. L. Fort Wortl -What can V011 recommend for asthma? Take Thyroidine, extract of the thyroid gland, in three-drop doses, twice daily, on the tongue. S. H.
C. M. Detroit- Give the patient Testine, in five-drop doses, on the tongue, three times daily. Every morning he should take a cold sponge bath. Keep the bowels regular with Nathrolithie Salts.
James Doty. New York- Gastrine, ofte teaspoonful three times a day, after meals. W. PARKER, M. D.
Med. Col. Chem. Co. THE ANIMAL EXTRACTS, CEREBRINE.
From the Brain. LINE, From the Spinal Cord. the Heart. THYROIDINE. Dose.
5 Drops. Price, Two Drachms, $1.25. GASTRINE. A new and valuable remedy for Dyspepsta, $1.95 FEBRICIDE PILLS For MALARIAL AFFECTIONS, NEURALGIA and SICK HEADACHE. 50 cents.
NATHROLITHIC SALTS For Habitual Constipation. Torpor of the Bowels and Inaction of the Liver, 50 cents. At all Druggists, or from COLUMBIA CHEMICAL COMPANY. Send for Literature. Washington, D.
BUY YOUR LUMBER J.W. SUMMIT SIS W. BOULEVARD. MANSAS CITY 179 MD Estimates Cheerfully Furnished. COOK REMEDY CO.
SYPHILIS: diary cured Primary, In 15 Syphilis to 35 Secondary days permanently or Ter You can be treated at home for the same price wader same guaranty If you prefer to come here we will contract to pay railroad faro and hotel bills, and no charge, it we fail to cure. If you have taken mereury, Jodide potash, and still have aches and pains, Mucous Patches in mouth, Sore Throat, Pimples, Copper Colored Spots, on any part of the body, Hair or out, it is this Syphilitic BLOOD that we guarantee to cure. We solfelt the most obstinate cases and challenge the world for case we cannot cure. Syphilis has always battled the skill of the most eminent physicians. $500,000 capital behind our unconditional guaranty, Absolute sent sealed on application.
Address COOK 307 Masonie Temple, COOK REMEDY CO The Ridge Pharmacy, Agents for Melesson Robbins' Gelatine Coated Pills. A full line just received. DOC. TORS please notice. P.
D. FRENCH, 915 Main Street. Chichester' English Diamond Brand. PILLS Original and Only Genuine. SAFE, always reliable.
LADIES ask Druggist for Chichester' a English Dia mond Brand in Red and Gold metallic boxes, sealed with blue ribbon. Take no other. Refuse dangerous tions and imitations. At Druggiste, or send stainpa for, particulars, testimonials and Ladies," in letter. by returns Mail.
10,000 Testimonials. Name Paper. Chemical Madison Square, dold by all Local Druggists. Pa. ASSICNEE'S SALE NOTICE is hereby given that I will receive sealed bids tor the Goods, Fixtures and Horse and Delivery Wagon of the W.
T. Armstead assigned estate at my oftice. No. 2107 East 9th Kansas City, till 6 p. Friday, Aug.
16, 1895. Terms cash. Sale subject to approval of court. Bids to be opened by the circuit clerk, Aug. 17.
1895. D. W. NEWCOMER, DON'T FORGET The fact that there's a great difference in pianos, and that the merit of Bottle 19 only "akin deep." A glossy finish may hidn steen ease, poor scale and worse tone. But you avoid all risks by buying us We sell only reliable, pianos, and back the statement with the fullest guarantee the firm can give, added to that of the makers.
J. W. Jenkins' 921 MAIN ST. Sons. UPRIGHT SECOND HAND ESTEY, STROPE, VOSE, SOHMER, GILBERT, ALL IN GOOD ORDER.
FOR SALE CHEAP KANSAS CITY PIANO CO. 1215 MAIN ST. AMUsem*nTS. FAIRMOUNT AUDITORIUM GREAT VAUDEVILLE Entire new bill this week. Every evening at 8:30.
Matinees Thursday and Saturday at 3. 7-BIG SPECIALTY TURNS-7. CRAWFORD BROTHERS. PALMER AND EVANS. JORDAN.
EMMETT. OTHERS and CLAYTON AND JENKINS and their trick donkey, Jasper, In the splitting burlesque. DARKTOWN CIRCUS." Every act different. Admission Lou; reserved seats, 50c, at Air Line trains. 4:50, 0:35, 6:00, 6:25, 7:15, 9:00.
Elegant cafe, and concert during Fine swimming. Monster Irish- American plente August Wednesday, August 15, grand illuminations on the lake "The Bay of COATES OPERA HOUSE. August 19, 20, 21, CHAS. FROHMAN'S EMPIRE THEATER STOCK CO. Seats on Sale at Box Office, Thursday, August 15.
MONDAY, TUESDAY. The Masqueraders! WEDNESDAY. Sowing the Wind GRANDI Jolly JOE CAWTHORN and his Big Comedy Co. POPULAR 111 MATINEE THURSDAY. A FOOL FOR LUCK! Next we -ALABAMA.
Madam Marantette. Champion Horsewoman, Will be at the Fancy Horse Show SEPT. 3. 4. 5 and 6, FAIRMOUNT PARK.
THESOCIETY EVENT OF THE SEASON 83.300 IN PRIZES. For Catalogue address FRANK B. WILCON. Seventh and Wyandotte sis. WASHINGTON PARK DUNHAM FAMILY.
Free! Afternoon and Evening. Free Thursday NightFree! On Shipboard. Free! Grand Concert by Washington Park Milltary Band. Great Cake Walk- Contested by Doe Brown and others. TROOST PARK! Afternoon and Evening.
Masud and Marba, Assisted by MLLE ALBERTA, Queen RACES. KANSAS CITY JOCKEY CLUB. FIVE OR MORE RACES DAILY. Admission 50 Cents- Fren If you have never tried PozzoNi's you do not know what an idesl complexion powder is. Sold everywhere..
