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""" " I Tbh Salt IARE Trxbtonbj Stjnday Mokning, Apiux 2d-. 1904, 3 Salisbury loses i important case (lupxemo Court Holds Tbuit Estato of I Maroni Williams Must Bo Paid t . $5500 and Interest. ' J SALISBURY, according lo a 111 1 de-rcc of tho Supromo court, lj9mu3t pay to Kate GuthclU ad I mlnJRtratrlx of. tho estate of Mnronl Williams, deceased, tho sum IJof J5500. together with Interest, as the I balance duo on the purchase price of T mining claim sold by tho deceased Sack In 1SS2. Tho facts In tho case Appear to bo that Williams agreed to Tell tho Poabody mining claim, oltuated fri the West Mountain mining district, J for ?1G,000. Ho received $10,500 down, ftftpd wan to get the balance when the IfSropcrty should again be Bold. Jfcrho abovo appellant, together with tola brothor, Monroo Salisbury, and J. IT. Gilmer, vrero doing business at tho Time under the Arm namo of Gilmer, Jfedltrbury & Co., and they speculated Considerably In mining properties. The fePeabody claim was transferred for a nominal sum to tho Stewart Mining lcompany, of which O. J. Salisbury was foho of the directors and the other de j'fendanta wero BtocKholdcrs. The claim 1JI0 question proved to bo rich and was paid by tho Stewart Mining company, jfLlong with soma other properties, for jttlOO.OOO. Tho defendants held that the Jflrst Balo of tho property was the real ifsalc, bo far as tho plaintiff wa3 con jcerncd, and that as the prlco received tfdld not amount to anything they were cot obliged to pay anything. S History of tho Case. "An action was brought in tho District Court, whero a motion for non-suit by tho defendant was granted after the plaintiff had submitted her case. On appeal to tho Supremo court tho action Ibt tho lower court was sustained. Noth ing daunted by this, and feeling that he was entitled to tho money, the plaintiff Instituted another suit and judgment was rendered In her favor for the full amount prayed for. Then It was O. J. Salisbury's turn tojappeal to the Supreme court. His attempt to defeat tho action by pleading the Btat uto of limitations was unavailing, as iwas aiao his contention that the non ult of the former action was an cs llbppel to tho present suit. LtfcTho opinion Is written by Justice Mc $Garty anQ concurred In by Chief Jus Mlve Baskln. Justice Bartch does not febneur in tho findings, but did not irwTltc any dissenting opinion. The case Ills definitely disposed of In tho follow long extract from the opinion: Gist of tho Opinion. J "Therefore, It will be seen that the ft property was eventually sold for a llvftluablc consideration by these parties, SiShd they, having accepted the benefits of the contract, cannot escape the lla imllltlea Imposed by Its terms; In other iwords, they could not by a clrcultoun method of dealing, which the record llBhows was. In effect, between them jBclves, appropriate and dispose of tho "iftpropprty us their own, and by the same Tiscrles of trniiHacllons release them Jfficivcs from the liability to pay th bal iliince of the purchase price. ffWe find no roverslble error In the cord and the Judgment is therefore firmed, with costs." jfjAST OFFICIAL ACT jjl IN THE ROSE CASE Sheriff Emery yesterday made his cturn on the death warrant issued in lio case of the Slate against Frank P. osc. and "with tho filing of tho war Snt In the District court the final re tirement of tho statutes in connec lpn with the execution of tho mur lerer "was compiled with. The Sheriff Ixes the time of execution at 10:03 clock a. m., his return reading as igiollows: (Jfc'State of Utah, County of Salt Lake, KpT, Sheriff's Olllce. I, C. Frank Emery, Jlhcrlff of Salt Lake county, State of jjmLJtah. do hereby certify and return that sJfcfrecelved tho witliln and hereunto an :ed death warrant on tho 7th day March, A. D. 1004. and that at 10:05 lock a. m., April 22nd, I executed the ne by shooting tho said defendant, ink Roso, within tho exterior walks the Utah State prison, until ho was id. Dated at Salt Lako City, this 22nd of April, A. D. 1904. (Signed) C. FRANK EMERT, ticrlff Salt Lako County, State of Jtah." IIlNTS HEAVY DAMAGE FOR, A PAUL FROM BICYCLE tit Lako City Is mado defendant In 5000 damage suit instituted in tho trlct court yesterday by Hattlo Loe, ) asks that the court award her the vo amount as recompense for a ken ankle sustained In a fall from bicycle. Tho plaintiff alleges that was riding north on tho west side jjiJiCj Fourth "West street, when she' en ifeuntered a ditch In tho sidewalk and AfVas thrown from her wheel. The anklo NIBrtsald to have been badly injured by YApe accidcnt, -which. It Is alleged, was prlue to negligence on tho part of tho Kftefcndant in not keeping the ditch in f.flijtpnlr. Tho plaintiff was Injured on jcMMfcptcmber 17, 1003. I Court Note. :nterday was "bankruptcy day" In Federal court and almost an oven :n cascB were acted upon. inrfch Klenke. Sam B. Cullcy and )b A. Chatterton were discharged Stephen Markham and Guy Clark o adjudger bankrupts, otlce was given that unless AV. H. rman. William Connell, L. M. Chaf C. L. Ptrbasco, F. W. Cook and C. Hudloaon make a payment of fce3 iiln ton days, their cases will bo pped. idge Hall yesterday granted a di ce to Nellie Campbell from Richard npbell. on the ground of cruelty, s defendnnt coon after the couple had n married, February 21. 1903, be lie addicted to drinking, and often do threats about shooting his wife their child. Tho findings also show t he sometimes came home and isned up the furniture and dishes. : PlallUff is awarded the custody vSj the minor child. 4reln the caso of M. W. Hicks, appcl tyfllPV iV8' tho Southern Pacific company, JBMstrlct Judge Rolapp Is reversed in mi decision granting the motion M '?fSr-nt"8ult mnde Dy tho defendnnt. Tho yJAnttt wa Injured whUo working for 1 defendant and. brought cult to rc- cover $1939 damages. Tho opinion, written by Chief Justice Baskln, holds that uie evidence introduced was suf ficient to support a verdict In favor of tho defendant, and rcmandB the caso for a new trial. Tho costs arc taxed to tho respondent Justice McCarty con curs in tho opinion, while Justice Bartch dissents. District Judge Marloncaux 1b uphold by the Supremo court In the caso of M. It. Garrity vs. the Bullion-Beck and Champion Mining company, appellant. The action was one wherein the plain tiff sued for 520,000 damages for per sonal injuries sustained while working in tho mine of tho defendant company. The Judgment rendered and affirmed by the Supreme court nssesses tho plaintiff's damages at J1695. Justice McCarty writes the opinion, with Chief Justice Baskln and Justice Bartch con curring. Tho will of Gcorgo N. Dow, lato war den of tho State penitentiary, who died In this city on February 27, 190i, was filed for probato in the District court yesterday. The deceased left an es tate of the probable value of 5S240. Ills only heirs ure his widow, Alice I. Dow, and a son and daughter. In accord ance with a provision of the will, Mrs. Dow, tho petitioner, asks to be ap pointed executrix without bonds. The will provldew that everything of valuo of which the deceased died possessed bo awarded to his widow. Decrees of divorco were granted by Judge Lewis to the plaintiffs in tho cases of Gertrude Sparks vs. William Sparks and Elizabeth Westfall vs. Har rison Westfall. Judge Stewurt yesterday ordered that the following cases be dismissed at tho plaintiffs' cost: Charles A. Lowry vs. Consolidated Railway and Power company; William W. Clark vs. Elmer B. Jonc3 ct al.; Russell I vie vs. Union Stone and Lime company, and Tsadorc Carlton vs. Consolidated Railway and Power company. In the caso of the State against Carl Warr, charged with attempting to com mit burglary, Judge Morse yesterday appointed Attorneys Harwood and Halgh to look after the interests of the defendant. VICTORIA'S COUSIN DIES AT LEADVILLE LEADVILLE, Colo.. April 23. Steph anie, Baroness Dl Gallotti di Napoll, daughter of Signor Ghillardl of Milan, Italy, and a second cousin of the lato Queen Victoria of England, Is dead in this city. Tho Baroness was born In Milan in 1S40. When 14 years old she was mar ried to Baron Dl Gallotti, with whom she lived happily for many years. In 1S55 tho Baron was exiled for political reasons from Italy, and a few years later the couple camo to America. The Baroness was possessed of a beautiful voice, and in the straits they had been forced Into 6he found it necessary to use her voice for money. She traveled with tho leading Italian opera com panies In the early sixties. The Baron died In Denver In 1S7I. He had received a letter from tho King of Italy cancel ing the order exiling him from his coun try. Tho shock produced by tho Joyful tidings caused his death. CREMATED HIS WIFE AFTER MURDERING HER DES MOINES. In., April 23. Charles W. Graves furniture dealer, charged, with murdering his wife and burning tho body, was found guilty todoy, the jury recommending life Imprisonment. Graves Is said to have choked his wife to death In a fit of rage and then to have saturated the bodj' with kero sene, setting It on fiie. A daughter, Winnie Reader, a member of the Grau Opera company, arrived at home to spend the holidays three dnys after Uie crime was committed. She burled her mother, accused her step father of the crlmo and secured his conviction. U. S. MEAT INSPECTOR A SUICIDE AT OMAHA OMAHA, April 23 The body of a man found dead Friday was identified today as that of MaJ. James W. Davis, aged 74, a Government meat Inspector, and brother-in-law of the late George Francis Train. The man evidently had taken his own life by swallowing strychnine, a vlul containing some of the drug being found in Ills hand when tho body was discovered. He has lived In Omaha thirty-seven years, formerly was a law yer of prominence and served as a Ma jor in the Forty-ninth Infantry. The lion, Amos P. Atkins, who is one of the most prominent men in New Albany, Ind., and Treasurer of Floyd County, has this advice to Rive to those who arc shut up within the narrow con fines of office or shop : "Dr. Pierce'o Colden Medical Discovery aeema to tuke the place of hard training in developing strength, vigor and endurance of the system and expelling: all impurities, with which the blood sometimes gcte clogecd. I have found by personal experi ence that it enables mc to do more hard work, and at the same time endure more physical Gtrain and partake with greater vim iu outdoor sports than anything I know of. It can always be rehed upon to increase the appetite, induce healthful sleep, and tone and refresh a worn-out 6ystcm. "A number of my friends who have used it speak in the same high terms, and we have reason to consider it an office man's friend." Dr. Pierce's Golden Medical Discover' is a blood -purifier aud health - giving tonic that contains no alcohol, opium or other narcotic. It is a purely vegetable compound, made from roots ana herbs in an up-to-date pharmaceutical labora tory, and has been used and recom mended by thousands of people during the past thirty-seven years. $3,000 FORFEIT will be paid by the World's Dispensary Medical Asso ciation, Proprietors, Buffalo, N. YM if they cannot show the original signature of the individnal volunteering the above testimonial, and also of the writers of every testimonial among the thousands which they are constantly publishing, thna prorifig. their, gcnnjjicncss THOUSANDS OF FAIR WOMEN j . HERALD PRAISES FOR PE-RU-NA Neglected Colds and Spring Catarrh Makes Invalids of More Wanun at This Season Than All Other Diseases Combined. "AN OUNCE OF PREVENTION IS . C. - - " ttmVt SETTEE, THAN A POUND the Beginning or a jWfli N 0F CTJ:KE" Cold Is the Time tO k Wlh WWP How to Protect Yourself Aguinst , t i?vV f)Jnl'l Catan-h. During tho Uncertain Take Pe-ril-na. jljSX ' nWfX Weather of AprlL ftX I ! 'll'hllstMzXsX "Keep the feet warm and dry. . I1 1)1 IU I "iMiiffXmk "Also keep the chest well protected. .l ; ll-Ji U ir7A "Sleep in a well ventilated room. Another Interesting Letter. fZttA &r Offt "Be aur0 to 5 out in tho frcsn nlr MISS MARGARET PHELPS. No. ShMMM Voo" " " aCCUStmCd t0 -1 W. Fourth street. Cincinnati. O., outdoor alt. following of Orator Friday Chautauqua Club, fRyfl'SWnV rules w,n fic r . IX . 5ewT 1 Wlfen? IvSnii HEAIZEH HINTScure to each lndl "I consider Peruna the finest rem- j 'jSsSK f I Wirt I , FOB, APEJD. (vldual a reasonable edy for catarrh on the market. A frmAtW ' l kuaranteo against few months ago I caught a cold .VJV coughs, colds, ca from gettina .my feet wet and being 'M hBSI J L tarrh, spring fever, and so forth. In exposed to tho weather. This cold W R M TOctfE ' JIte of slush, sleet, rain or sudden settled on my lungs and caused them J W$ changes of temperature, to be i?oro and Irritated, and every f f V&J ' J If. however, you are already tho vlc tlme I coughed It would hurt me. ffJ j LSm m of a cough, loose or tight, catarrh, and I raised a lot of phlegm. My 'WA WMf lm s-V acute or chronic, tho remedy that re breath was bad. my appetite poor. jf.faf f (I) 1W jfflA Heves readily, cures quickly and rc and my general condition run down. ( mf (MA stores permanently is Peruna. I began talcing Peruna, and In a MWJII ltm lBI-t Jf A few doses of Peruna at the begin short tlmo I was restored to perfect hWn H S nlng of a cold will change the entire health. Miaa Margaret Phelps. W&WYi Ml" V course of events. It operates directly m JnllftlLf fXJ'''fttr mW V on tne mucous membranes, so that Z j fiJSP-Mi m mtM f no matter w.here the cold may have Cs cv. PPplt J ''4M3ui Hfi 1 settled. It la bound to be reached by .ZT'rJvji if IIImW Hl i' tn,s searching rqmedy. Peruna abso s I 'lla, ESfc jl lutely prevents catarrh from fastening y'V & drSllMh 1 V ill irafr.. Jf Jtsclf upon any part of the organism. V Jy vl l! 011X0 a COli 'Before Ifc DeveloPs Into d? y5 Iss Aico Ocelli, 312 Adams street, Ihc w'ork thoroughly. Within a week I U 5 V could see a wonderful Improvement, and jjjj '.SS ''a Herzlger, Grand Recorder s me perfectly well 'and strong. I am able Jit ) V to c ontinue working and do not have to ill take a throe months' rest, as I used to to rne' 115 was no" ab auord such (' n! r 31 Preventive for colds and coughs, and if fi "rv!?! H soon rlds tne system of all disease, and II 'z: yl Js an admirable medicine." Lydla U WfS i J HMrsf Frances Wilson, 32 Nelson street, Vv ztSyZ&ffi A Tsj&Jtf gsg -AN W.yX Clinton, Mass., writes: Jff&L tFv Cj V ZZZr -- .J1 "Had you seen me at the time of my XiXjT UttAy'K'y "' illness and now, you would not wonder tffJifflfc'Lh x - P us tho.t I tako delight In sounding tho fitfvii A" rukny j) PTfr?& ti IvTrYl5'yv--- V praises of Peruna. My ailment was a WVXIW Pi WC fl l! V Kj2 1 -H lRCi Kf 11 fiovero cold, which attacked the bron- S Tk-1( r chlal tubes and lungs. I followed your -- ' "5 apeclal directions, and after using six SVE&X. n'wfirK;B0''' - l30!68 oC Permui. I was on my feet wiMwrTi) I ltli 1 again. I tlilnk Peruna a wonderful lMiln medicine." J vl$MJ I The Testimonials Given Here Are Only Four of Thousands 1 Miwll vtl lb iMh of Testimonials From Thankful Women. JlM'il V '5r Mrs- c- Morrison. 1030 S. New Jersey St., Indianapolis. Ind.. writes: S vlfilivtl I1'! VJnl T rv t "Some months ago I contracted a severe cold returning from the j Vrnli if I " M 1 (f3t vrv ( Vvtlieatcr' This cold settled in my head and developed into catarrh of thei vfJ f 4 U-YV II A Us head and nose, and I know of nothing moro obnoxious. Every morning) lnfilii vl Fl Bllr S wliei1 1 aroso my nead "f13 a stopped up, throat dry and parched, and iX Mr-jT before I could clear tho head. IS m a c61111 cure for catarrh, so I xv lk J Z5CiZt s tried what it would do for me, and found after four weeks' use that it hadS f JJb fH23SV' c clared. my head and throat, leaving no trace of catarrh. I therefore wishr yvlC'i iy! r 7t to add my testimony to the many you have as to the efficacy of Peruna,"? tOTfe"lr;rSaf.":-S ct Mrs. C. Morrison. fifelliSul J n e sma e back, just above ilie hips, is the clanger I W 0 spot a dangerous spot for pain and most aches of the back B fBfl start there. There is a reason for this, and it lies in the kid- I f'Py neys, which are located near the small of the back. Such 1 . pains should be called kidney pains backache should be I ffi? called kidney-uche. The secret of ivby Doan's Kidney Tills 1 p cure backache quickly is that they reach the cause the kid- i neys, Neglect the earlier symptoms of kidney ills and serious I t$r complications fqlloiv urinary disorders, rheumatic pains, dia- i 11 betes, dropsy, Bright's disease. I 1 1 SALT LAKE CITY PROOF. ' To Salt Lake Thlbune readers, ffl I Robert-C. Klrkwood, engineer on the Oregon Short Line railroad, rcsldonco pf I I 424 "Wc3t Fourth South, says: "Like most men who follow the occupation I j d?,,! 1 H do the jarring and Jolting of tho engine causes a constant strain on the small U&T&Vti. so ciil 0 H of the back and lameness, soreness and achlnsr Is tho result. I suffered severe- ) Mmwtra. r H H ly at times with my back and on more than one occasion I have been rcllcv- K Q ed by the uao of Doan's Ifidney PiUs procured at tho F. J. Hill Drug Co.'s AMt H H 3torc. Not only can I Epeak positively about tho preparation myself, but Mrs, p H Klrkwood derived so much benefit irorn tho use of the remedy that wo both btate, 1 M look upon it aa of great value. I will be pleased to tell others about the merits FouuuJiffvcTf,ISi2 H . . ro U UjraGolonK "rllo eMinti on Mpju H H of Doan's Kidney Pills." J ndip. GARDNER SUNDAY STORE NEWS. - I 1 There is little fl sa . change in Topcoat U ' fashion, from one 9 tfr 7a seas011 to another. wM sPrin seasn 1 I.I Will be right in I I style oT next Eal1 1 ' hi HBP! 5 wear and for sever- 1 ill fef I al seasons to come. 1 V wMMm If you buy one I m "ym SlA our in yu 1 I'm jjfr- can depend on it I j I 1 retaining its shape i J !&ir an appearance 1 SP until worn ont. I M And you x can depend on its wearing I I qualities being equal to many seasons of I j I service. I j I 5 You can have the choice of an attractive 1 i I array of Light Coverts, Oxford Cheviots and I j- I Black Unfinished Worsteds. , 1 i $12 to $30. 1 i jj Price. Pa UlQiiLlILifil Main St. 1 IM l THE QUALITY STORE. Ik Dr. Cook Cores Men I jl jI&AL 1 I euro this dloeasa without croer- m 5 I VttV rttm -j tlon or pain, and under my treat- m i (9 Kffiflt jMF flS mont tho congested condition 1 I fovr -JrHct Kfl (within ten days) db&ppears. Tho kv'H Sj IfAJ "'y parts oro restored to tholr natural i VvEf " condition. vl;or and atronffth, and sT i circulation re-0Btabliflhcl. J ! 4jHwEn I otto stricture without the tailfo H H 1 VVflUJI or instrument by an applicn-tion H j . jr which acts directly 5n tho part of- ? H i 2mf Jectod. dlac-olvlnc thi atrlcturo i vMV SSSSn, completely, ily treatmont is paJn- I . jgflV. Iji 'se and nowiso Interfcrca t.IUx M I I H lS IX3S3 OF TrTA.Tsn,? VIGOR. I 1 B t iw VfeSESfirnBolWly Tom may bo lacJdnff in the power H )?H cralCr V -SSftgTJirlffSErl lr of manhood. If ao. I will rostoro MA9i SOTaiiil95BR to yn tue RflaP- and vigor of J'H lfl if nl s3OTfflK53Mt& vltoJltj', tho loss of which may bo 'U S viw ?fi?vWreffWSr ' tne roault of Indlscrotions, ex- A XPwflTOT cooa and unnatural weaJtnaflB, rfl H 2wKP PRIVATE DISEASES, I " I I Xowly contraotod coaoti curtid. g .;' H I v ,k 'All burning and Itching, InfUunma- I . u non anj unnatural dl (chary a i trr k iinmr r t, vi 1 stopped. In 34 houro: carts efCectod H & i , W. A. CODE; 3L D. in 7 daya. I ! ! CHRONIC DISORDERS CONTifilOUS I j I OF MEN CURED BLOOD POISON I H I ancccwtully treat all nnnaturnl It may ho in its primary Bingo; It i K m g Wcalcn.c, Drains. Affected S'TTt," I 1 H PartD, Nervous Doblllty, Pllej. FIb- pro Kress, eradicate every vestige of i 1 tula. Hydrocele, Rupture. Eczema. poison from tho system and thla ff Blood and Skin Dl&oajBes, Kldne-y, without tho ub of mercury or pot- : I Bladder and Prostatlo IiscatM. ash. m H COOK MEDICAL CO., 1 mntc for Symptom Blank Tor fomc tmitml I II I B16 sooth mum. I II M M M H M iMH t M M M M 1 I H I M W .H H M HrMH.4: if i:: it g . :vt m III Cfcliere's Bometbing about Hart, Sdiaffner & Mari . ; JM t: 7F clothes by which you may identify thepi even ;;t " & moro certainlJ e "small-thing-to-look-for jH - laixsl; it goea into thorn before the label. 1:; It is a Btyle, a quality, a tallored-by-hand touch! l I:: o them; a harmony of fabrics, trimmings, etc.; a y iym "thoroughbred" look about them almost never Jx T-'-. found in other ready-made clothes. l The fact that we can't define it doesn't make ti f--w it any less real; you can see it, without fully realiz- r 'ing what it is; we can't show it or tell you fully about it until you -wear the clothes then we won't ft X'" 'need to; it's one of the things that make the label X X: I big thing to find." Xt j H., S. & Suits ?15 to ?30, other makes $10 tt tt ' mid L2. it Richardson (b Adams'- it $t - 172 MAIN STREET lj i - M it