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The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, January 23, 1904, Image 2

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Hi, r , , , . L vBv
, ' Supreme Court Decides in
Favor of Creechley.
' Opinion Based on tho Former
! ' Acquittal,
1 Interesting Point Brought Out in the
. Declsloii-rJudgo . McCarty ,
j Dissents. ' k-'
1 The plea of "nutrefols acriult" Is"
oarncdly discussed In an opinion of
) the Stntc Supreme court handed (dovn
yesterday In the case of the State vs.
i Moses Creechley, appellant The de-
fondant was charged with the crime of
perjury alleged to have been comnilt-
, ted while testifying- In a criminal nc-
f tion prosecuted against him In the
r Second District court In Morgan coun-
i ly. The defendant entered plea of
"not guilty" and of "former acquittal"
' lo the Information. At the trial the
Jury returned a. verdict of "guilty as
I charged In the Information," but made
1 no finding upon the other plea of
"autrefois acquit."
i 1 A motion for a new trial was ovcr-
L ' ruled by the court and the defendant
t sentenced to six years In the State
I prison. The case was thereupon ap-
I I pealed to the Supreme court, the point
' raised being that the court erred In
) passing and rendering judgment
I against the appellant, the Jury having
j failed to Und or return any verdict
I upon the appellant's plea of former
fjj) i This contention is held to be sound
t'il i uy t'ie Supreme court and the cause Is
in f remanded to the court below with dl-
11' , j The opinion holds, "Whenever a de-
liF; fondant In a. criminal action enters the
l';J ' plea of autrefois acquit. It becomes the
I J j plain duty of the court to require the
I .. j , jury, before discharging It, to find upon
i the issue thus raised. This Is so not-
1$, withstanding the fact, as Insisted by
, If! I the respondent, that the burden of
it d nrvl: his former acquittnl of the
jt same offense Is upon the accused.
I.)' ' Whether or .not there was proof show-
iJ ' Ing a former acquittal of the Identical
I'plJ, offense, the plea raised a question of
H M fact, for the determination of the jury,
I . I as much so as the plea of not guilty.
1 i "So in this case the court having" dis-
. it' charged the jury without a finding
.li upon that plea. It was ground for a new
J! . trial, and the motion therefor ought
3 j lo have been granted."
jjl The opinion, which js written by
I . Justice Bartch and concurred In by
jJc Chief Justice Baskln, Is dissented to
lj by Justice McCarty. Justice McCarty
ft' hoIds that the former acquittal of the
1 3"l I defendant of the crime of grand lar-
'1 eeny, at which trial the alleged crime
Pl 1. 1 of perjury was committed, had noth-
t ' t0 d0 with his pleading in the scc-
ft ond trial for perjury. He holds that
il the appellant pleaded his former ac-
, qulttal on the charge of larceny, as a
1 ' har to a prosecution for perjury. "That
ii J ls ne Dlea(1'1 he woh acquitted of the
ti crime of perjury in the verv case in
!) which he Is charged wlih having com-
J mitted the crime. At the trial he in-
i ,1 troduced no evidence In sunnort of the
I J 'J plea of former acquittal, and the jury
j V ' failed to find on that issue. The bur-
LC, ' ,len of Proving his plea of former ao-
Mi , qulttal, was on lh defendant.
I n V1 an1, therefore, decidedly of the
. opinion that the court did right In ig-
norlng the plea as it was, In effect.
ali t cl,anSe1 u" the stipulation, as It raised
j "0 issue that could in any wav affect
, 6 the rights of the defendant, and that
j. the judgment of the trial court ought
I . lo be affirmed."
I, (
lv .
i- Man Who Killed the Chinaman at
I e? Alta Arraigned,
j ill James Wade, charged with murder In
J i L the first degree for the killing of a Chi-
, ' naman, Lee Yon. at Alta on December
'5., 19th, was-arraigned in the District
, ijja court yesterday and entered a plea of
f jpU not guilty to the. information against
'Jjjj him. It was Impossible to agree upon
PL" a date for the trial of the case and the
jlj?5 setting was postponed.
. q Thomas McKelvle, the young man
I .( who pleaded guilty lo the charge of
j burglary last Tuesday, was sentenced
31' by Judge Morse yesterday to a term of
1 - eighteen months in the State prison.
!jt McKelvIc was charged with having
j l (1 burglarized the Engleman second-
?! hand store on State street,
lj John Rodas of Bingham, charged
I " w Ith assault with a deadly weapon
, r t with intent to do bodily harm, and
I whose arraignment had been set for
i yesterday, failed to put In an appear-
hi 1 ance. The dbfondant, who has been
liiy out on bajl, had been given notice that
his cas?e was net for yesterday. On "the
U .j' motion of District Attorney Eichnor
i the case was continued until next
h ( Wedneslay, and If Rodas does not
M, turn up' lhe"n his bail will he declared
Q ( forfeited.
ilrJ The case against Leary. Mltton,
$) charged. ..wIUi, burglary, was set for
iif:(j . trial on Tuesday, February 2nd, and
1, that of II. W. 'Artglc-r, charged with
l forgery, for Wednesday, February 3rd,
Mike 2yinrlife on Trial.
S3 Mlcliael Marine, the young man who
iji1 t'realed considerable excitement last
fMi1 fali y making charges of extreme cru
fid ij "1 ty against the attendants nt tho State
J,,iljtaI hospital, was examined or the
Mr! xMnl ifmc vesieraay us to his sanity
S 1 before County Clerk John James and
District Attorney Eichnor. There was
&( 110 evidence-to show that the young
ljC r mJin Is In the least dangerous,' but It
j j fl Leeni3 that he Is rather weak-minded,
l'; u He is snld to have been affected in
iirij this way Tjy a joint attack of dlphthe
h J via and scailet feyer when a boy
iU MScnaeI says he Is willing to work, but
( . o cannot get a job. He says he cannot
M e understand why the coal companies
j , "Aon't give him -work -wYien.' the v are
3 sending tickets all the time to Italians
' ' "'
WiV- i'm!Fx "
7 f H I 1 W
Dii IG N B Y ' M A Y M A N T O N.
Capp.s aro always, becoming to girlish figures and are among the notable fea
tures of present styles. This smart coat shows ono of tho military sort, and
Im adapted to all 'cloaking malarial. Tho model, however, in made of royal bluo
molto'n Pimply stkehod and trlmmnl with carved gold' button. When liked, tho
capo can be omitted ond the frontH enn he rolled open lo form revers. To make
the coat for a girl of 12 years- of age will bo required three and onc-clghth
yards of material or 3 yards GU Inches wide. A May Munton pattern. No. -tCPG.
sizes 8 to U years, will be mailed to any address by tho fashion department
of this paper on receipt of 10 cents.
I Send to . j
Size , I
) Pattern No. (Ten Cents Inclosed.) $
) A3 orders aro filled from the East, It will require about 10 days from receipt
i of order to recclvo patterns. i
to come here and go to work. He wa9
lectured by Mr. Eichnor and his case
continued until February 5th.
Court Notes.
Alta Weber of Ogden filed a petition
in voluntary bankruptcy Ini the -Federal
court yesterday, confessing to debts
amounting to $715. CO. with assets of $350,
claimed to be exempt.
Complaint for divorce was filed In the
District court yesterday by A. E. Mil
ler against her husband, Edward J.
Miller, whom she charges with deser
tion and non-support. The couple in
termarried In thla city on August 'Si,
District, , Judge Morse yesterday
granted a decree of divorce to Frankle
Gibbs from James Gibbs on the ground
of non-support. The couple married In
this city June 1. 1S99, and have one
child, the custody of which Is granted
to the plaintiff.
A distribution of the estate of George
A. Lowe, deceased, according to the
provisions of the will as admitted to
probate In the District court, was or
dered by Judge Hall yesterday. The
court approved the final aceount of the
executor and confirmed the sole of cer
tain real estate. Attorneys' fees
amounting to $3000 were also approved.
We are prepared to invest your funds
so that they will bring you the largest
returns compatible with safety. You
hold the BRC'urlty. We do tho work.
McGurrin & Co., 131 Main St.
Boston Copper Market.
Boston Mass., Jan 22 Copper shares
were Inclined to drag -p. Jlttie. Traders
and Insiders were letting go of a few of
these shares on tho strength of tho New
York market. Com-ntoelou-housrs- took a
few shares, but thfi public still shows hesi
tancy about comlnir Into the market, and
ore Inclined to bag prolYLt when, thev soo
them rather than Lake on new' lines. Trad
ing was more quiet than, during ihe past
few days. There in plenty of talk about a
better market, but little action results.
Stocks are being well taken, however, and
the nulla koep uu their hopts. Ilornblowe
& Weeks, brokers, sVS State street., Boston,
and 10 Wall street, -New York, furnish the
following quotations;
Sales. J-Ilgh, Low. Close.
Amalgamated . . $51 550.02'.
Bingham .. : ..rc ':S7'-:. tt.fj" j.S0
Mercur .. .. JkJO " .ttv .; ,
United States ...U35 tt.GlVj ILd) I ii'iZ
Utah ............ 9S3 .74.00 15.73 33.75
Daly West. :i,60 .JJ.75
Curb Boston, JO.OO?.. '
Adventure 2,C2Vi Parrot $22.50
-A'louez -4,75 Qulney-,. lt. .ori.OO
A ma led .. ... CO.CO S Vo Cop i 1,87
Bingham .. 23.50- Tamarack' ... B.OO "
c & n.so.ooirtO.oo Trinity .. .... 5.00
Centennial .. ifl.CO US ot w
Copper R"'.... 4S.00 Utah ..v. ..... !l5n
DomCoal.... ert.EO Victoria;..-., .1.50
Fninkllu .... S.37, Winona 0.50
Ialo RoyalQ .. S.W Wolverine ... 72.00
Mohawk .. JS.C0' Daly West 31.00
Oolo Dom .... 11.25 Copper ' G.00
Osceola ., .. GO..00
Wot How Cheap But How Good.
Blue Point Perfcctos,
Utah's Favorite Cigar.
t'bst'ilbney ,'. ; .
On several pianos sold yesterday rather
than pay two. rents. . Better come at
?"cc: C1 , A Anson Co.. 74 Main
bt. Old stand Daynea Music Co.
Mr. and Mrs. E. O. Hovard entertained
at dinmir last evening In honor of Itov.
Eimer I. Goshen. The table decorations
wcro all In green and white and were
beautiful indeed. White tulle, dotted with
fern leaves, covered tho entire tabic, In
the center of which was a mound of nar
cissus and pluinosn. Crystal candlesticks,
holding white candles, but without shades,
stood at either end of the table. Covers
were laid(for eight.
Miss Jessie Goddard returned Thursday
evening from a six months' tour of 'Eu
ro jm;.
Mr. and Mrs. Jack Jevne left yesterday
at noon for Los Angeles after a delightful
visit with Salt Lake friends.
Mrs. J. C. Wceter, who has many friends
made during a former resldi-nce in this
city, Is visiting here for a time, tho cuest
of Mrs. A. J. Gorham.
Col. E. F. Holmes leaves today for tho
East. He will go as far as Washington
and will be away some weeks.
' 4.
Mr. and Mrs. Perry S. Heath will be
at the Now Wlllard. Washington, until
Tuesday next, when they will atari for tho
The Misses Bubb entertained at an In
formal chaling-dlsh party at rho Post on
Thursday evening. Their guests were the
Misses tatarllng, tho MIssos Alexander
Capt. Hirst, H. B. Windsor, Gordon
Hutchlns and Wing B. Allen.
I w
Mrs. Jessie Eldredge Southwlck of Bos
ton, ono of the best known readers of tho
country, will bo In Salt Lake on tho 1st
of -February, and will clve a dramatic
reading at tho First Congregational
church on that nlghr. Mra. Southwlck
will be assisted by Mrs. D. A. Melvin as
vocal soloist
John T. Donnellan Is expected home the
first of next week from on Eastern and
Souther trip covering several months.
Mrs Alma B-. ICatz loaves today for her
homo in Boise. Mrs. Gue of Now York
will go to Boise later to spend some time
with her sister.
A- leap year eloigning party will be given
on Monday evening, by tho Misses Minerva
Banks. Violet Nott. Lillian Connellv
Lara Rawlins, Lulu" Chamberlain and Ivy
Cleghorn, Mlas Mary Teasdcl will chap
crone tbc young pqople.
Mrs. John Reed goes to Ogden shortly
to spend a week or two visiting friends
Tho piano pupils of Mrs. Graham w
Putnam will give a recital at her home
next Wednesday evening. Mrs. Putnam
will bo assisted, by Miss Bartch.
Clarence Gaines has gono to Ogden to
bo away oevoral wcoks. '
Mr and Mrs W. C. Dewey of Nampa,
Ida., spent yesterday In Salt Lake on their
way East. They arc on their wedding trip
and will not return from Nampa for aomo
The Informal hop and band concert at
the Post last evening was,, as always, a
very enjoyable affair. A number of voting
W Oniv Medicine in the Barracks. Wmmf:
m " ' Greek Lake, Wash., May G, 1903. ffl Wili Jk
M Physical health kv a great influenc on a scn VHfe u A gJZ; (11 W
M so when the family is poor and cannot yaSVSlS S and happy through the use gggf ffl M V JSf lK
IB mothers, worn out working women, and invalids o' chronic 'patients who became wen anu n. 1 w fe KS m 1 SSS W
1 0 lirJJLj wwii
m Ihavo advised sick women to use it since. It is tho only 'mcjlicm H CMV WffS
B we keep consUintly on hand for crick women , jn our banracks. It has UATr U J WMtHI
I j rover failed so far to rc I hcartil oawaih, Baltio.h Aaur. B
8 Captain Habely is the leader of: the Salvation Army in her own town. Her life is given up to self-
m sacrificing labors and she is a woman, of high character. Pier heart goes out to all suffering women. WmWZM
Wt Mrs. Habely is in a position tc know the quality of Wine of Cardui, as the most distressing cases ot WmMM
M female diseases come to her attention. Women come to her with menstrual disorders, bearing down pains IM
1 and leucorrheca, which by long neglect have become chro.oic. She says Wme of Cardui has never faded
m to relieve in these severe tests. And Wine of Cardui made Captain Habely herself a well woman when she VWM
W was suffering female diseases. While cheap enough for any one, Wine of Cardui ; used largely .
in the homes of the rich, being the best medicine women can secure at any price. Will you secure FM
a $1.00 bottle of Wine of Cardui fDom your druggist today?
peoplo fron the city were truesiH. In addi
tion to the officers and ladles of the gar
rison. Many young, peoplo enjoyed tho leap
year danco given by tho junior collcpo
Klrls at tho museum building last evening.
The hall was prettily decorated with th
school colors, while a number of cosy
cornurs were arranged around tho room.
Palms and other potted plants m.ido a
pretty screen In rout of the musicians
stand and were clYoctlvely placed around
the Inrgo hall. Tho music was excellent
and the party thoroughly enjoyed by all
presontr A prank f tho guests of tho
evening caused mtmli fun. When tho
young ladici asked for the seventh dance,
every young man wait "engaged." and
when tin danro was announced, the young
men fin need with each other, the girls
merely looking on.
Invitations have been Issvicd by tho Sun
set club for a necktie and apron party at
Chrlstcnscn's next Tuesday evening.
Mr. and Mrs. Harding Mairiln are now
nt home lo their friends at tho Wilson
' Mis? Sue Clark entertains Informally
this afternoon for Miss Ma.udo Lewis.
Tho College Women's club entertain in
honor of tho A. F. fraternity at tho homo
of Miss Mary Snyder next I'rlday evening.
Millionaire Builds for Himself a
Noise-Proof Dwelling-.
Not every man whose- nerves are on
edge can withdraw into a. "soundproof"
of his own devising and i.hut out the i
Jar and Jangle of the world. One man at
least In this big noisy city hat a refuge
of this eort, and he, needless to say, is
a millionaire, who, with his millions,
accumulated a terrific case of "nerves."
He is a well-known newspaper fi&ure,
a captain of industrj' and noted for .his
philanthropic bequc-sts, but all his mov
ey Is powerless to prevent an over
worked nervous system from transmit
ting excruciating tortures at sounds that
an ordinary man hardly hears.
The ordinary man, if he did suffer
from nerves, probably would have to
squirm and bear his sufferings, but this
millionaire's wealth assures him some
solace. He has built for himself in the
very heart of town a retreat where noise
Is a vain besieger and the few sounds
that pass the guards and barriers are
toned down lo faint whispers.
The retreat is a wing of- his great man
sion and all that money could seeure and
human ingenuity devise has been used
to insure a restful calm. The walls and
the floors are thick enough for a fort
ress. What would be partitions In an
ordinary house are solid brick walla
here. Each room, In fact, Is practically
a cube of solid masonry, and pande
monium could break out In one room
without an echo of it penetrating to the
adjoining room.
Tho necessary doors and windows are
unique-. Each window bus three sets of
sashes and glass and tho doors look ex
actly like the huge steel wings of a
modern bank vault. On each side of the
hardwood door proper, which the thick
ness of the walls permits being hung In
a deep Jamb, there is attached to an up
holstered frame, eight inches in thick
ness, which fits sirugly around the edges
of the door when closed. This protec
tion means thai In order to penetrate to
one of the rooms tho sound waves must
first pass through an eight-inch cush
ion, next three inches of hard wood and
then another eight-Inch cushion.
This cushioned door Is used In every
room whence a disagreeable noise might
Issue. The eerie song ot the electric ele
vator is thus shut 01T, the clatter and
chatter of the chef's domain are cir
cumscribed, and the grafting clang of
the engineer shoveling coal down in the
basement is confined to Its subterranean
quarters. Over the courts and areas are
heavy glass awnings to confine the
voices of servants- and tradespeople. A
slammed door Is Impossible, as every
door in the house is fitted with an au
tomatic closer and door check, and if
this should fall there Is the additional
precaution of felt strings nailed to the
door and the edge of the jamb.
One of the most dilllcult noises to
overcome proved to be that caused by
the handling of the family's trunks. Al
though the baggage-room ia far down
In the subba'sement, whenever a trunk
was dropped on the floor or was banged
against the walls by careless express
men the master's nerves recorded that
fact in no pleasant manner.
Many experiments were tried before
the noise emanating from this depart
ment' could bo suppressed. The cost of
these experiments amounted to several
thousands of dollars, for the ba-ggage-room
was reconstructed again and
again, until finally IL was floored with
cork to the depth of a foot and the side
walls cushioned with springs an'd heavy
Tho result of all these devices Is to
produce in the house a quiet akin to
that of an empty cathedral, but In the
rooms devoted to the sick man's per
sonal use there Is a silence which is
weird and unnatural. No -echo or mur
mur of the familiar street soiznds enters
here. The stillness Is so intense as to
be almost oppressive. It would make
the normal person long for the: compan
ionship ot everyday pounds. Brut the si
lence Is medicine to the afflicted mil
lionaire and provides rest for his nerve
rucked body. New York; Pres?
Members of the Stranded Company
and Local Talent "Will Play
for Charity.
A theatrical performance which cannot
but attract unusual attention and Interest
Is to bo given In the Grand theater Satur
day, January 30th, afternoon and evening.
It Is to bo a combination benefit for the
families of Brighton and Gloason, tho
murdered street cor men. iund tho actors
who wcro left stranded here by the man
ager of. the "Hello Bill" company, who
forfeited his bond after having been ar
rested on complaint of a member of tho
company aa an absconding debtor.
Tho four actors who aro Here are those
who carried tho leading roles of tlm "Hello
Bill" company. They aro John DaVy Mur
phy, Frank Mosiyn Kellv. Echlln P.
Gayer and Miss Kathleen Clifford. They
were, practically, the "Hello Bill" com
pany, and tho uniformly -nattering p ress
notices they received from tho local news
papers during the compnny'n recent en
gagement here, together with the excel
lent houses to which they played at every
one of tho four performances, should po
ample cvmcn,ce or their histrionic abilities.
It Is tho purpose of theso four profes
sionals, aided by tho best local talent In 1
tho city, including such well-known people
as MJes Madge Lanlus. Miss Christine
Johnston. Miss Rcnnlo Peterson, J C.
Leary, Dana T Smith and Walter Little,
besides onq or two others, to put on at the
Grand a sprightly comedy, the receipts
from wllch will be divided equally be-
tween tho Gleason and Brighton families
and tho actors. Tho local lodgo of Elks
will give its heartiest support to the pro
tect. Including Uie donating of the use of
its lodgeroom for rehearsals, and some of
the leading socieily people have already
signified their Intention of giving box par
tics at one or both performances. It is
understood that tho street railway people
will also take '071 the ale of tickets and
aid the cause In t very other way possible,
while the splendal array of professional
and amateur tultnt, together with tho
worthy purpose for which the entertain
ment is to be given, must form a combined
attracting power wb.'ch will appeal to all
,theatcr-goers, besides many who are not
aton seen In play houses.
Take Jaxatlve Bromo Q.ulnlne Tablets.
Druggists refund money if It fails to
cure. E. W. Grove's signa ture on box.
25.c. .
Snake Killed by a HJouse.
A remarkable Instance of a saiake hav
ing been lillled by a mouse is recorded by
V. F. Francis of Wltnbledon. He states
tliat an ordinary grass snake w.hich he
had In confinement was given a mouse
for food. The snake made several at
tempts to catch the mouse, but In every
eaao missed. Tho next day tho snulct.' was
found to bo dead, and there was evidence
lhat it had been attacked and klllcti by
tho mouse, which was alive, and I'ad
oaten a part of the snalte's body. The
skill of the mongoose In tackling tho coIa a
Is well known, but we fancy that a eae
of tSils kind, which could, of course, onlv
occur with a eopllve ophidian, must bo
rare London Telegraph
fl vA Red is the color of danger,
In M whether on the semaphore
Uj yjui or on the skin. When the
WA acc k reene- D7 eruptions,
m iWv vueu boils break out on the
I Wm body, or the angry red of
1 Ha sores and ulcers is displayed
f, WgjAin the flesh, it is nature's
18 vvW danger signal. The blood is
1 f obstructed and taiutcd by
3fj J impurities, aud there can be
J8J no safety until the blood is
made pure,
g Dr. Pierce's Golden MeI-
9 ical Discovery purifies the blood,
1 aud removes the effete matter which
8 clogs and corrupts it. It cures pim
r. pies, boils, eczema, scrofula, sores,
jt ulcers and other consequences of
jj impure blood.
I "I feel greatly thnnUful for -what your
j medicine baa done for me," writes Mre.
i Chxi. Hood, of KalUusta, Mich. "I suf- '
'4 fcrcd with scrofula of the head for twelve
.4 years, Tried every kiud of medicine that
I heard of but found no etire. livery one
I that looked ut my head said thev never
6aw tmything like it. The last doctor I
doctored with before applying to vou I got
worse every day, Waa so inlserablc that
I was unabic to do any work at all. After
taking two or three bottles ofyour'Goldca
Medical Discovery' nnd using the local
treatment you presented for me, I was
cured and my head was entirely free from
Accept no substitute for Doctor
Pierce's Golden Medical Discovery.
There is no other medicine which i9
M just as good" for diseases of the
blood ana the eruptions which arc
caused by the blood's impurity.
FREE. Dr. Pierce's Common Sense
Medical Adviser is sent Jive on receipt
of stamps to pay expense of mailing ;
only Send twenty-one one-cent stamps ?
for the book in paper covers, or thirty- ;
one stamps for the cloth -bound vol
ume. Address Dr. R. V. Pierce, Buf
falo. N.Y. "
1 AAA rr'h i I
I jf 1 w w Newest 1
E? rf itr
B "
I n Sale This It
1 Week at 1
j Greatly Reduced Prices! I
'"i 'i
Our new 1904 slock, consisting of Ihe latest styles )i L
ERS, and INFANTS' WEAR, is made from the Best Material li
I ETC and trimmed wilh the finest laces and embroideries, ad
offered during; this sale at unequaled Low Prices: B&
m Ladies' and Misses' ?20.00 igfe
Suits for.. , Tfc U ASt?
& Misses' $G.OO Jackets SPjK
Ladies' and Misses' Jackets, value 'FAmi
to 10.00, for Thlrlll
Ladies' Coats worth to rffc-sfA ASri
1 "0r SlO.OWl
C Ladies'. 30.00 Coats (PIS' A
i for I9ollK
I All Hosiery and Underwear pt Wholesale Cost.-
I Gloves, Belts at Clearance Prices. All Children's Coats anw
S Dresses ut half price and less. ' . mRf
25 dozen broken lots of Shirts, In soft Fj 1 (m
I and -tilt bosoms-goods that retailed 70 f CAwBCti'
, for 75c, $1.00, 51-25, $1.50-cholcc- o O A$ J? gjg
One-fourth to one-half off on Suits, Overcoats, Men's Odd pftjti:
and Underwear.
One Price. 132 MHIN ST. PlalB

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