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T1KES FEATURE Comes Home Nose in Front of Colonel Ashmcad and Makes New Record. Tampa, x-'ia., February 11.?Ln Rolne lllndoo won thc fenture eVerit, tlio han dlcap, to-day at seven furlongs, a nose in front of Colonel Ashmcad, thc latter belng dlsquallfled for Interferlng with Autumn CHrl, La Itclno I-ilndoo hung up a new track record ftummurlcs: Flrst race?malden two-yciir-ulds, nbout three furlongs?ttosc McGoe, 107 (Franklin), l to 2, llrst: Gold Flsh, 102 (Steinhar.lt), I to 1, second; Orclla, 102 (Iturtoii), 15 to 1, thlrd. Tlme, :3G _-6, ?Second race?thrcc-yenr-oblii nnd up, flve furlongs, selllng?Uellc of the Trlb*, 112 (livln), 12 to 2, llrst; Flre brand, 122 (Rowe), 20 to 1, second; Green Bawn, 111 (Yorke), S to 5, thlrd. Tlme, 1:06 1-6. Thlrd race?four-yoar-olds, six and a half furlongs, selllng?Jack Bcker, 107 (Burton), 2 to 6, llrst; Tallow Dlp, 101 (McFadden), 2 to 1, second; Vir? ginla Mald, ioi; (Korher), 1 to 1. thlrd. Tlmc, 1:11. Fourth ra.ee?thr*e-yonr-olds and up, BOven furlongs, sclliiig?l,a Relne Jlln doo, 112 (Franklin), 1; to 5, llrst; Col? onel Ashmcad. 92 (Burton), 6 to 1, second; Autumn Glrl, 96 (Stelnhardt), C to 1. thlrd. Tlmc, 1.30 3-5. Fifth race?four-ycar-olds and up. seven furlongs, selllng?Hartlng, 107 (Frankon), even, llrst; Ben Howe, 107 iKohni, even, second; Nebulos, 107 (Rellly), nl. to 1. thlrd. Tline, 1:31 3-5. Slxth race?four-year-oldB and up, ono mile and seventy yards, selllng ? .sir w.-iiter RolHns, ill (Korner), 7 to ,10, flrst: Jword Dlxon. 111 (Upton), 8 to ., second; Nccha. 10S (Rellly), 3 to 1, thlrd. Tlme, 1:52, fionrt Tlll nas !*??? 4)vcr. .lacksonville, Fla., February H.? Several good thlngs wero put over at Moncrlef Park thls afternoon, among tlir-m Mrs. Llvtngston'fl Bturboarder, Hkyo. Ceremonloun nno King Volo. Thero wero only two wmning favorlte. A:, a result of mlsundcrstandlng with Managcr Rrown. it. F. t.'.irman. the Ncw Vork mllllr.nnlrc, has decided to ship hls stable* of forty horses to Tampa Bay. Summarles: First race?flve and ,i half furlongs, malden??Starb'oarder, 107 (Burns), 30 lo 1. llrst; Oghwaga, 112 (Butwell). 13 t.i 1". second; Martln May, 107 (Obc-rt), 37 to 10. third. Time, 1;09 1-".. Second race?sriv-n furlongs?Skyo. 107 (McGec), 8 to 1. first; Critlc, \<><i (Musgrave), 3 to 1. second; Alonbv, 101 (Reld), 13 to 1. thlrd. Tlmc. 1:28 3-:.. Thlrd racc?iivc nnd a half furlongs, ptirsi?King of Volo. 11 _> (McGeeJ, Q to :., first: Alfred the r.reat. 109 (P.anz), z. to 5, second: My Henry. 110 (Powcrn). 17 to 1. thlrd. TIm'-. 1 -nc. Fourth race-Asix furlongs. pursc? Royal Captlve. i"t (Butwell), 11 to r., flrst; r>r. Barkley, 1 19 (Powera), 13 to .*. second; Hasty Agnes, 107 (Ganz), l'i to 1. thlrd. Tlme. 1 :1 !. Fifth race?six furlongy, selling? ferrmonio'is, 108 (Butwell). 10 to 1, first; Camel, 109 (Hannan), s to 1. sec? ond; Ragnian. 11 to lo. thlrd. Time, 1:14. Slxth race?six furlongs. selllng? XJescomnet3. 112 (Powers), ii to 1. flrst; Jeromc. 100 (Powoll), 10 to 1, second; .lennlc Lliy, 106 (Butwell), 1 to 1. thlrd. Time, 1:1_. WHAT'S THE USE To worry about things to cat, when everything you may want, besides numbcrless suggestions, can bc had by visiting thc Schmidt Storc. Perhaps it will repay you to try this plan? others do. Sparkling Italian Burgundy Bottlcd by tht- firm of Bosco & Co., TORINO, whosc reputation is well establishcd for thc superior quality of their wine, at tlic almost unhcard of prices of ? Red N'cobili, qitarts.$1.00 Red Neobili, pints. 60c Delicatessen Department fc> Almost cverything recognized as a good eater can bc found among thc most cluboraie and extensive display at this countcr. Tlic prasieworthy merits of thc following com nie nd nuggesting: Norway Smoked Herrlnfts, cans.20c French Chicken Mackerel, cans.40c Norway Aprianti Caviar, cans .20c Spanish Omelets Onc of thc newest additions to stock is thc tilling for Spanish Omelets, made aficr the original recipc in Spain: Pjmental Sauce, can.10c _ Tender Little Butterbeans.17c Do Not Forget About thc supcriority of our Coffees. Wc roast them daily?always fresh. Blcndcd of the best-known Coffees, which must stand thc tcst of quality. If you have onco, uscd them, of course you know they are good. Bonton Blend ..25c Pct Blend.18c Rcmembcr, you do not pay a niiddlcman's protit?you get that. Just a Word About Olives Wc have received au importation of select Quccn Olives at grcatly rc? duccd prices. A good size. Queen, larfie, per quart .35c Queen, mammoth, per quart.45c Packed in glass jars to keep well. Hermainn Schmidt, 504-508 E. BROAD STREET. Write for catalogue, "Schmidt Quarterly." Shipplnj, orders solicited. 'Bottled'Beer* Delt-Vered Fre*h from 'Br?Ufry Lager Beer, Box of a Dozen.$i.oo Challenge, Box of a Dozen. i.ao Bavarian (dark) Box of a Dozen. ..ao Edelbrau, Box of a Dozeo. 1.50 Addltlonal ohnrg-e 36 cents each dozen Tor hottlen, and ?f> c-nnta each box. Theae ainounts retunded upon return. msssssasssBasssssass, .,.., i. _ ,,?, mIMI?.?i.'ii ...,., 1 tsxs STYLISH JEWELRY. If you buy Jewelry you want something substantial, pretty nnd stylish. That is what you will find in our stock. lf you buy your Jewelry from us you take no risk, as it is guaranteed. J. S. JAMES Jeweler and Optician, Seventh and Main Sts. Accounts opened with reliable per sons. FOHLL MATCH S One of Prcttiest Golf Contests of Season at Pine? hurst. l_pcci;il toThoTItnes-Dlspalch.] Pinehurst, N. C, l'dbruary 11.?A big crowd foi lo wed tlic four-baii match between Mr. I'errln, tlic winner of ihe at. Valentlne'a tournament, and I'rofeaslonul Donald Ross, aml Mr. Fownes, tlin winner up, and Proft_ Blonal Alexander Ross, tiie latter iiiIhs Ing on the twenty-ilrst green, ln one of the prettlcn contests of a like character ever sccn here. Startlng- out. thc iir.?t five holes were halvcd in par tlgure*. Alex, Ross winnlng tho slxth ln threo and galn ing a lead; which was lost on the next hole; two for IJonald Ross on thu elghth, and a three Tor Alex. Robs on thc ninth. making the xcore all cvtn nt tiie turn. Comlng home. Don old Ross captured the clevcntlt in four, but the Irad tvas lost on tlic thirteenth ?tu] fourteenyi. both ot which ivent to Alex. Itosf. On Hip fifteenth. a three for Mr. I'errin won thc hole. hls two on the I'eventecnth tlelng the score, th,. elghtr-enth heing halvcd. The flrst two hy 1-:. iioles were halve.l in four each, Alex. Rohs winnlng tho third, and tlic mateh In three. The cards: Fownes aml Alr>x. no.'s?5. 3, i. ?!, ?. ?.. ?;. ::. :;?i%: Perrlng- and Donald Ro-s?5, 5, 4. 4, 5, 4, 5, ., 4?38. Kowne> and Alex. Ross? 4. 5, I. 4. 4. 4. I. :;. -??:.'; perrln and Donald P.osa l-'ownes anrl Alev. Ross?I, 4, Z. Per? rln anrl Donal.i Ross?I. 4. 1. A good ffeld is entered for the fourth annual _!. Valentlne's tourna ment for women, which st.irt.~-- Wed? nesday. Tlic Silver Folls, Pinehur.it's golllntr organizatlon for women. the dl rect opposlle of the Tln Whlstles, holds Its flrst intirnnmcnt to-morrow., AMUSEMENTS. ih low??i? AfrlcnV' llcnlly n Gnml .iliotr. Vorke and Adams, well nnd f.ivora biy known to Richmond theatre-goers, bogan thoir engugenicnt at tho Bljou last night in tho new mtislcal comedy, ln. Afrlca." The usti.il llrst nlght crowd was on hiind to groet thc popnhir roniedlans. w.hu proved t? i?. nbout as clover ns they could posslbly be und their _oni pany even better tliiin it was lant vear. when "Playlng the I'onles" wus on tho boards al the Broad Street playhouso lhe eboriiH was far above the avcruge. belng not only Kood to look upon, but about thc best tralnod aggrogatlon thnt hns been hero thls season, Tht- detalled nientlon of 1.11 good members of lhe company would i.- .-. long ti.sk. Suf fl.e lt to say thai lt was well up to the hlgh mark almed at by tha man? agement and that. ita efforts were hlgh? ly apprcclatcd by tho usual Monday night crowd. Tlie regular Bljou orchestra com? posed of men, which has been out for about two months, was again Iu Ils placo and recelved qulte an ovatlon from tlu: audience. Incldcntally, lt added much to the success ot thc play. Glass-Yoder Letters (Continued From Third Page.) for its author, as any inatter hrougiit to our house ls printed, in the usual course of business, and the manage? ment had no knowledgj of its contents. (2) Had wc known that the pamphlet contained staternents offcnslvc to you or to others of our worthy cltlzens we would have dccllned to print it. (3) As soon as the character of its contents became known to us wc stopped the prlntlng, and none of the pafnphlets was sold or put In circula? tion by us. (tl We regret our connectlon with the pamphlet and dlselalm any share In or responslblllty for the thlngs stated or fjentlments exprei-gd thereln. The frlcndly relations which have al? ways exlsted between you and our company, and espcclally between your? self und -our presldent. should he. we thlnk, a sufTiclent ussurancc that he could not havo intended to do jou a wrong. Very trtlly, J. r*. BELL COMPANY, ING, J. P. BELL, President. IMIILAUKLI'IIIA CLUB ll.\_f). -National I.enpuc Mrprtnri Meet_Li?t of Umplres Approved. Xcw Vork. February H.?The dir-clors of thc Naltonal L.aguo of Professlonal I5a?c tiall Clubs, ln seislon to-day. llned tlie phll? adelphla club $_<> for th>: forfelture of the same with N*ow Vork at the Polo Grounds on October 4. Inst: llned Captaln Doylc. ono of tbe "F'hlllles." $100 for unseemly conduct In the same gamc. and approved tho llst of umpircg sclectcd by President Lynch. Ad journment then nas taken untll to-morrow. llampdrn-Sidney to play Lynchburg. rspcclal to The Tlmes-Dlspatch. | Lynchburg, Va., February 11.-Thc baskot ball teani of ihe Lynchburg Y. M. C. A. on Thursday nlght wlll have the quint frcun llamr-dtn-sidn/y folkgc for Its opponr-nt. The local toan, has won ?lx xamea Mils season with but a single defeat, thu V. P. I. five haiing-dcfcated thls team a few weeks ago. Trlbote lo .Mr. Wulford. .*\ special cummnnliation of Northsid* Lodge. No. *K. A.. F. and A. **,[., has betn ???.;:? 'I !or this afternoon at u o'clock at J Nbrthsldo Hall to pay tho last trlbulc to I thc memory of Jobn _. Walford. BURDEN OF PROOF ON MAN MAKING CHARGE Judge Harrison Instructs Jury That if It Believed Yoder Maliciously Published Article, Then HelsGuilty of Libel. Judge Harrlson gave the following InstrUctions to the jury in the Yoder trial: The court lnstructs the jury?(1) The accused Is charged with a criminal offence, and cannot bc convlcted until every materlal fact constitutlng the crime wltli which lie stands charged ls proved beyond a reasonable doulit. and if the jury have a reasonable doubt. upon a materlal fact. or ele ment necessary to constitute tlic crlmc; It is their duty to give the accused tho boneflt of such doubt and acquit hlm. The facts establislied must not only be consistent with his guilt, but inconslstent with hls innoconce (2) A libel is a malicious publica tion tendlng to blaekeu the rcputation of a llving person and exposc hlm to public hatrerl nnd contempt, and cal culated to provoko violonco and breach of the peace. If, therefore. the jury believe hyond a reasonable doubt lhat VERXUEL-E IS nELEASUD, A Last Ycnr'H Player Will Not Bc nrltb I.j iH-libiHS. TIiIb Srnson. [Special to Thc Tlmes-Dispatch.1 Lynchburg. Va? February 14.?Pres? ldent McLaughlin, of the local baseball assoclatlon, announced this afternoon that ho had given Lee Vernuellc his; release and that Vernuellc would not j bc with thc Shoemakers this spring. j Vernuellc, it will be rccalled, was pur- | ohased by the Lynchburg team in the, closc of tlic 100S season, and he was with the team last year. President McLaughlin says Vcrnu ello would not have been let go thls early. but thero are evldenccs lhat ha will not be needed for the team thls year. and lt was not desired to hold hlm until it would be too late for hlm to sccure a berth for this season. AVILL STIC'K TO 154 GAMES, American League WlU Not Chanse Length of lMnylng Scn.son. Chlcago. February 14.?Thn Amer? ican Leaguo will ndopt a 134 game schedule at its meetlng, which begins here to-morrow, regardiess of thc ac? tion of the Natlonal _eague lu New York, aocorw.ng U> n staternent made by Presldent Bowson to-duy. "We will stick to lho old length of the schedule during 1910," said Mr. .lohnson. Ao will adopt 154 gumes, whether tlio Nn tional Leaguo in New Yorlc aecldes upon 134 or IliS gnmes. The American League meetlng Will beuin to-morrow, hut the sohedule will not bo adopted untll Wednesday. Tho principal business mi como before lho meetlng to-morrow will be tlio adop tion of the new ten-yoar agreement. The program under which tho Amer? ican League o.xists will expiro in No veiuher of this year. Tho American ?Leaguo was tn oxlstonce ut tho be glnnlng of 1!)00, hut the agreement was not adopted untll June, later in the year. Apparently thero will ho no objections to the uontlnuunee ol' tim clrcult for another doqada, as all tim clubs are well satlsfled wlth present conditions. Will Adopt IftO-Ciiiiite Suliedulc. New Yorlc, February 14.?Thn Amer? ican Assoclatlon will udopt a isti-gitme schedule to-morrow evening. The sea? son will probably open on April 18. and oloae about September -(>. The datos of thc opening nnd closing, and the leangth of tho seawou, woro de? clded al a. meeilng In December. , Commlttee Uud No (litoriuii. The Cominltten on Walor. wlilch was to havo mot last nlght, fallorl to get a. quorum. Another call waa luBiicd b.v tlnj ?Xia|inia? for a mocUuif at noon lo.ilay. iflfc'/"' - *I0UH' Grand Special This Week! $7.50 Solid Gold "Shur-On" Eye Glasses \ And The Turick Invisible Bifocals For Only $2.50 ?7_7//'' <*?? ??_t,''' Dr. Vineberg Will Examine* Your Eyes Free! This unusual and altogether wonderful offer is extended to you in order to direct the at? tention of the public to our Optical Department, which we have fully determined to make a permanent fixture of our growing business. _his means that you are dealing with a Richmond Optical Departemnt that you can easily locate and communicatc with at any time you wish. It is in charge of Dr. Vineberg, specialist in his line of recognized and widely known efficiency. He is well known to thou? sands of Virginians and has examined the eyes of many of the state's representative citizens, fitting glasses that have given the best of satisfaction in every instance. These enthusi astic people have given warm testimonials as to his work and the glasses furnished. Dr. Vineberg has handsomely fitted private offices in our store, and will treat you with? out delay or inconvenience. And what is far more important to you, he will deal honeatly and fairly with you in every instance. If you do not need glasses he will say so in the plain est words. ?'?tnf'' For Only $1 Genuine $5.00 Eye Glasses. Guaranteed 20 years. Examina? tion free. H. COHEN, JEWELER 707 East Main Street, :: Richmond, Va. A full line of Artificial Human Eyes and Ear Phones of best makes. Dr. Vineberg ib a spe cialist in deafness and seldom fails to cure. Examination free. the accused published the article set out ip the warrant, tliat tho samo was malicious, that tho language used thereln, either expressly or by inslnua tion, is such as exposes John J. Crutch? fleld, C. Mannlng, Jr.. W. Douglas Gor? don, or either of them, to public hat red and contempt. and thc same is calcu lated to provoke vlolence anrl breach of the peace, then the accused Is gullty as charged. ducMtlon of Mnllcc. If llic .jury liollcvr bejond n rrn sounlile doubt tlmt thr nceiuted niiill .^^JlMP^Pm'l?i1-?"_iipwuii.nl M mmmr ????--. m _ ____?______ ? ? . - i t, "Let Miller Pay thc Express." \ You'll Enjoy To the Fullest Extent My Really Splendid Whiskies, Brandies, Wines and Cordials They were made in thc good old \ natural way. Mail orders a spccialty. Frank Miller Importer of Choice Wines, Whiskies, Bran? dies and Cordials, 1204 East Main Street. Phone Monroe 439. 9 for 15c The Sensation! Blue Mouse Long Filler Hand-Made Cigars BIJOU-ALL WEEK VI. I'.. FOIIItESTlClt PRESENTS YORKE and ADAMS AND /^rn^Vl;l3NT supporiTiNa COMl'ANY OF 50 PEOPLE iN AFRICA" N?*| WeckwTUe , Suunynido nroudwui." louly iiulill-bed llir nrtlcle ?ct out ln he wnrranl, nnd tlmt nniil nrlli-lc linrgcM or iuMniinten tlmt thc declslon ? f Police .lohn .1. Crutchfield; in t"c ophlc Malloy or Min-.i-.ie I.ee onsc, ivnn mproperly luflnenccd by Police Coin nissioner C. .Mnnnlnc. Jr., or Pollco onimlNsloncr W. Douislas Gordon, 01* ? y nny one elsc, or thnt said Pollco liisil.c ivns nclunted in hls declslon iv nny motlvc ollier llmn a dc^lrc lo inpnrtlally nilinlnlnUr Justice, nnd tliat nld chnrges nrc fiilsr, llicu Ihe nc ?uscd is Kiiilly, n? clinrged. The proinlctor of a newspaper or leriodlcal. such aa tlio Idoo. ia Just ls liable ror what ho publislies as any ither person, and he ls llabk* ln the lame manner antl to the same oxtent. 1'lie law takes no cognizance of news lapers or periodlcala: and thcr.-? ls no llstlnctlbn between the publlcatlon by he proprletor thereof and a publ.Ica lon by nny other person. Such pub Ishers have just tlie samo right that lie rcst of the community have aiul io more. lf the jury believe from the evl lence that tho accused published the rticlo as charged ln the warrant. nullce belng a necessary Ihgrodienl ot be offense, then the words used by tlie ccttsed aro to be construod by the ury us the accused Intendcd the pub lo to construe them. They are not oncluded by his testlmony, but ln onnectlon thcrewlth have the right 0 consider the usual and ordlnary Itu >ort of such words, the connectlon ln rhlch thev aro used, other publlca lons of accused sheddlng light there ii, and all the facts and clrcumstancos ? f the case, and determlne from the vidence as a whole, the conslructlon vlilch the accused Intendcd the pub lc to make. Mberly JSot Llcense. Under our frec Instltutlons and ac ording to the Constltutlon and laws if our State, and tho prlnclplea and iracttce which we have Inliorlted, tho dmlnlstration of our munlclpal af alrs and the ofllclal acts ot publlc iflieers, and the trlals had in our ourts. are matters of publlc concerri. vny eitlzen has the right freely, fully, .penly and publlcly, in prlnt or other \Mse. to Oisctiss the same. All pub lcatlons thorcfore in regard to these iiatters, even though imputing moral lellnciue'ncy and erimo to publlc offl ?ers ln tho discharge of their dutles ire to be treated us if made on a irlvlleged occasion. and tho court In itructs the jury that the publlcatlon .f the artlclo in the warrant set forth nust be treated as if publlshed on a irlvlleged occasion. But tho court further iristt'uots the jury that llborty ls not llcense. and that lt has never been the policy of our law to permlt the Inestimuble priv ilege of free speech and publlo disetis ston to be perverted into an englne of malice or of unbrldled scurrlllty. Such privilege is only ciualittcd and condition--: it is to bo used honestly und in good faith for the furtherance of worthy purposes, but lf made a slorik for malice, then tlie pvlvllege is rorfeited. The only dlfference between a pub icatlon mado on a pflvlloged occasion md ono on an occasion not priviloged, s the degreo of proof of malice ro inlred. Where the publlcatlon is mado >n an occasion not priviloged, then ho law iinplles malice from the ptib ication uf the Iibelous matter itself, mt wlien mado on n priviloged ocea don the law makes no such liupllca I.pii, and proof of uctual malice is ro lUlred, lf. thercfore, the accused nui iciously publlshed tlie artlcle Iu tiuea i.iii aii-J llie same was Iibelous under Iu* othor instriictions, he is none tho css gllllty, even though tho occasion _'eonsldo'red priviloged ln law. l.rltlcl/.lng Otlli'liila. 7. Thc court instrtuts the jury thal thc conduct of publlc oftloiala is open io publlc crltlclsm, und lt ls for tho [ntorest of soolety that their acts muy oa fully publlshed, with flttlng -.coni inoilts or strictures, und lhat whoever lilis a publlc ottlce renders lilniself open to publlc dlsousslon, and if any nl hls acts aro wrong hc must uccout ll.,. at'tack as d necessary. though un nlousant, clrcumstance, attachlug to lils posltlon. Tlio publlc. of Richmond have il right tO know how their pub? llc afl'alrs are belng eonduoted and how thw dutles of their ofllcers aro being pel'formed, and lt is one of the pi-ivilegos of the newspapers to glvo thls int'urnr.itlou, and If tha supposed lll.e.li.ns lU'tie.la Was cii'-iiiaLaA Joe. thn. l purposf- of glvtng what the accused lielleved to bc truthful information, and wan done in good faith and with? out mailce, tlio accused should be ac nuitted, although the principal mat? ters contained in the article were un true in fact and dcrogatory to the character of tho prosecuting wltnesses. 8. If the jury believo from the cvl denco that tho accused published the article cpmplalncd of,. as charged in the warrant of and concerning the prosecutors, the presumption of law is that he made the publicatlon In crood faith. honestly hellevlng ln the ruth of the statoments thereln con alned, although such statoments in 'act woro false or fotinded upon most irroneous Information, and ln order o convict tho accused. tlio hurdcn is mon the Commonwealth to provo be ond ull reasonable doubt lhat such itatoments wcrc pufcllshed with rrialk is doflned in Instruction 10 towards hc prosccutors. Good Fnlllit (Jooil Motlvcx. 9. Gootl faith as used in these in tructlons requires sometnlng moro Itan good motlves. it requires tho tccused to exercise reasonable care ln naklng proper lnqutrles and sceklng easonable Information beforo publi? catlon ot tho charges in the article ;et l'orth in the warrant, if said charges are false. Antl if the Com nonwealth has shown bcyond a rea? sonable doubt that the accused made io such proper inqulry, then tho ac? cused has not acted In good faith, antl his publicatlon of said articlo is not tirivileged. 10. Mailce ns used in theso instruc tlons, mny bo HI will and hatred of the 'accused towards the prosccutors or somo of them. but Is not confined to that; mailce is any evll, Indirect or ivicked purpose. Mailce is also tho utter. wan ton and reckless dlsregard af tho rlghts of others. and if the ae .-used published said article to sub servo the mallclous purposes of an? other, the mailce of that other person ivill be Impttted to hlm. If, thoreforo, he publicatlon of tho said articlo was mallclous, as hereln defined, lt is a mallclous publicatlon, even though per sonally the accused entertalned no hatred or ill will to the prosccutors or either of them. I'roof of Mnltce. 11. Proof of mailce being a mental operatlon is often to he establislied by circumstance alone, and to that end the jury should consider all the ovl? dence in tho case. They may con? sider anv publicatlon prlor or subse quent to'the date of the article in ihe warrant set forth. and may lnfer malice from tho repetitlon ot" the said charges after the same were denied anrl opportunity afforded to make proper investigation. They may also consider ln thls connectlon tho articlo itself, its tone and style, the language used therein. IC the language ls strong and violeut and dlsproportloned to tho occaslon, an inference of malico may he drnwn. Tho jury may also consider the extent to which it was rlrculated, and to whom, and g ly all tho facts and clrcuhistai the case. In rebuttal of mal jury may also consider thc fae cumstances and Information a appeared to the det'endant at tl of the publicatlon. which migl sonahly afford a basis for Ihe t Whloh he made thercin. Mu?t Prove Chargeii. I-'. Tho jury aro instructed ti ailegel libel ln thts proceeding public offlcers, and the accused plend not gullty is entltled to qtiitted if you belleve that 1 proven the iruth of tho cliar statements clniined to bo llbelo Is not requlred to prove said tn yonil a reasonable doubt, but other hand. If you have a reas .im,-.i as to whether such cha charges are true or not, it i; duty to acqult hlm. (13) No matter how good the pose or benellceut tlic result o policy, nny recognitlon, protectlo donatlon given hy Pollco Oomrn ers C. Manning, Jr.. or W. Gtirdon to houses of ill famo lr mond was contrnry to law sworn offlcial duty; but such c on their part. is not in Itself taken as proof of any-ehar charges that they receivo pay oi proflt for such recognitlon, pro or condonatlon or in such sens corrupt. It ls a fact to be com in connectlon wlth all tho fac clrcumstances of the case ln det Ing the guilt or inuoeence o_ t cused of tho criminal libel c agalnst him. Qiieutiou of - Ptinlnlinjciit. (lt) Certaln publications othe the articlo set out in the warran been admltted In'cvidence. Thcs liealions. so far us they refer prosecutors, were admltted fo purpose ns boarlng on tho quest mallco and on tho connection accused wlth Atkinson, and ro considered In giving an Intorpri to the language used ln the set out in the warrant, but i other puBuose. Tho publication side of these wero admltted: o bearlng on the question of thi ncction between tho accused at klnson. and can bo considered other purpose, (15) lf tho jury nnd the a gullty. they may ascertaln hls p ment by imposing on hlm u line prisonment In jall, or both; bi tinc cannot be less. than $5. ai Une and tmprisoninent should t so excessive as to violate the i tutlonal provlslon agalnst crue unusual punlshment. (IB) The court Instruets thc that. in order for the accused t tify the publicatlon on the groun tho charges thereln contained ar< such justiflcatlon must bo as br< tho charges that are made agait threo of the officials named. and of a part of tlio charges agalns or all of the oftlcluls will uot b tlcieut. " THE BEST IS NONE TOO GOOD FOR YOU" M "Tl fillllllll BOTTLED IN BOND Say "KENTUCKY" when vou ask for GREENBRIER." For sale by all dealers. THE OLD SPRINGS DISTILLING C0? CINCINNATTCOHIO.