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HORSE AND HORSE,
Judge Giegerich Says it Is, and Judge Bischoff Says the Law Is Not Constitu tional. New York, Nov. 4.—The general term of the court of common pleas today handed down two different opinions on the con stitutionality of the Percy Gray racing law. Judge Giegerich, In a long opinion, sustains the constitutionality of the law, holding "that the statute permitting sweepstake racing and authorizing the enforcement of a contract Is, in my Judg ment, clearly in harmony with both the letter and spirit of the constitutional amendment in question." Judge Bischoff holds that the law is unconstitutional. The case was heard before the June term of the court, when only Judge Giegerich and Judge Bischoff were sitting. The general term today ordered a reargument of the case. De cisions were rendered In the case of Hen ry C. Hudson against the Flushing Jockey club. Hudson sued the Jockey cl'ib in the first Judicial court to recover the sweep stake purse of 1100, which his horse won and which the Jockey club refused to pay on the ground that the race was a lottery, and therefore unconstitutional. Judge Lynn, in the district court, held that the race was a lottery and gave Judgment in favor of the Jockey club. Hudson appealed from this decision and Judge Giegerich wrote an opinion de claring the law unconstitutional. Judge Bischoff differed from him and the case will be reargued before the general term of the court of common pleas. THE AUSTIN REGATTA. Teemer and Rogers Came Williin One Sec ond of the Record. Austin. Tex., Nov. 4.—Murky heavens and threatened rains marred the pleasure of the opening day of the regatta. The first event was between the English oars men, George Cubear, W. Haines, Jack Wingate, W. T. Barry, single scull, three quarters of a mile, three turns and four times over the course, the first two over the finishing line to row in the final sin gle scull for the Richard K. Fox cham pionship challenge cup, championship of the world and $1000. The first over the line were George Bubear and Haines. Time, 21:48. The second event was the trial heat double scull between James and C. Gau daur, Teemer and Rogers, Peterson and Hanlan; distance three miles with one turn; winners to row the Englishmen in the final heat for $1000 and the champion ship of the world. First over the line, Teemer and Rogers, leading the Gaudaur brothers by two lengths; Peterson and Hanlan next. Time, 18:21. The world’s record is 1S:20. The English row a double scull tomor row to determine which double crew shall row in the final heat against the Amer icans. CORBETT MAY RETIRE. He Has No Ambition to Be Classed ns a Com mon Criminal. Memphis, Nov. 4.—James J. Corbett and his party arrived in Memphis this morn ing. Corbett gives an exhibition here to night and will go thence to New York. "I will pay no more attention to Fits,” said Corbett. "I feel convinced now that he never intended to meet me. I would have fought him for nothing.” In proof of what he stated relative to Fltz not wanting to fight, Corbett ex hibited a copy of a letter from Superin tendent Rose of the Iron Mountain road to the general passenger agent, H. C. Towhsend, in which Rose states that he could have gotten Fltz through to Hot Springs. Corbett said further: “I am thinking seriously of quitting the ring. I will make up nty mind fully on my arrival in; New York. There Is nothing in the busi ness any more, and in nearly all of the states it is a felony and I do not want to be classed as a common criminal. Still, I believe that non-interference with prize fighting would make men trust to na ture’s weapons and eventually do away with shooting and cutting." THE RACES, The Wild Huntsman Case Has Been Finally De cided Against the Horse and His Owner. Cincinnati, Nov. 4.—The judges of the Latonia race track, after a thorough in vestigation, which included a trip to St. Louis by Presiding Judge Carter, ren dered a decision in the Wild Huntsman case today. The horse is disqualified and the three moneys are awarded to th? second, third and fourth horses—Silurnia, Memos and Clinton. No further entries will be received from A. J. Stafford, in whose name Wild Huntsman ran. It was shown that Bill Brannan, who has been outlawed, has been Interested in the horse within the last two months if he is now not his present owner. Stafford still protests his innocence of any connec tion with Brannan. and should he be able to show thisr statement to be true he would be put in good standing. It was ladies' day at Latonia today and the at tendance was Immense. The weather was fine and the track dead and rather slow. Wiley Jones went down with New com in the last race, but was not serious ly hurt. Summaries: First race, one mile—Miss Gallop (B. Isom), 8 to 1, won; Sandoval second, Begue third. Time, 1:44%. Second race, five and onc-half furlongs —Cecil, 105 (Clayton). 11 to 5. won; First Purchase second, Oswego third. Time, 1:10%. Third race, six furlongs—Llndolette. 109 (Martin), 1 to 2, won; Moderocio second. Gateway third. Time. 1:11. Fourth race, five furlongs—Frontier, 113 (Martin), 7 to 10. won; Petrarch second, Sir Vassar third. Time. 1:03%. Fifth race, a mile and one furlong— Black Silk, 105 (Thorpe). 4 to 5. won; Staffa second, Fayette Belle third. Time, ■ 1:57._ To Make on Appraisement. New York. Nov. 4.—Messrs t. B. Blodg ett of Bliss, Fabyan & Co., L. Llmlhelm of the Cone Export and Commission company, E. D. Page of Faulkner, Page & Co., L. M. Townsend of Townsend & Yale and E. Langden of the Central Na tional bank, the committee of creditors of Bamberger, Bloom & Co., wholesale dealers In dry goods at Louisville, Ky., which was appointed by Frederick W. Hayes, chairman, at the recent meeting of the creditors of the firm, held a meet ing today to decide upon some course of notion. It was the firm's request that the committee make an appraisement of the assets, but it is understood the entire committee will not go to Louisville. Mr. Blodgett will go there on behalf of the committee to make an examination of the firm's affairs, and will probably leave on Thursday._ MoLaurin a Sure Winner. Vicksburg, Miss., Nov. 4.—The total number of registered voters In Mississip pi this year Is 123,122. Of this number 106,156 nre white and 16.956 colored. A full vote will not be polled, as the contest is one-sided. MoLaurin and the demo cratic ticket will carry the state tomor row by at least 30,000 majority. Blackburn Is Confident. Lexington, Ky., Nov. 4.—Senator Black burn closed the state campaign here to night at the opera house, which was packed to suffocation. He proclaimed himself for free silver. He thought the state democratic ticket would win. CONFEDERATE PENSIONS. Montgomery’s Daily Budget of News—Two Well-Known Young People to Wed. Personal Items. Montgomery, Nov. 4.—(Special.)—The funeral of Mrs. Sarah Bozler Bellnger. which took place from her late residence on Bellinger Heights Sunday afternoon, was largely attended. Mrs. Bellinger was one of the old and honored land marks of Montgomery, and as a woman was greatly esteemed by all who knew her. She was a Miss Halles and was born at Columbia, S. C., In 1808, and was con sequently at the time of her death In the 87th year of her age. She was the sister of Mrs. William H. Taylor, who survives her, and leaves four daughters, Mrs. A. M. Allen, Mis. E. R. Holt, Mrs. W. B. Janney and Mrs. B. P. Dexter. She leaves quite a number of grand and great-grandchildren. Pensions for Confederates. Ex-Confe&erate soldiers, the wddows of ex-Confederates and all others entitled to pensions from the state can get the same now by calling on the probate judges, who have received the vouchers for the same from the state auditor. There are now thirty-six soldiers and thirty-two widows In Montgomery coun ty who will darw the allowance of $17.05. Still in Distress. Rev. J. J. Johnson of St. Helena, S. C., Is in the city seeking assistance for the un fortunate sufferers of the storm on the Island, which occurred about a year ago. He reports the colored people still In great distress and says the white church es everywhere he goes have extended him every kindness. Personal and Social. Col. C. B. Ball of Cartersvllle, Qa., is on a visit to this city. Mr. E. R. Adams, general dictator of the Knights of Honor, of Greenville, is now in the city and is now on an official visitation of the several lodges of the state, the supervising deputy of the su preme lodge of Alabama having recently been appointed to that office by the su preme dictator. Miss Camilla Brame, one of Montgom ery’s most charming debutantes, left Saturday morning on a visit to friends at Birmingham. Congressman Cobb of the Fifth Ala bama district was in the city several days during the past week. Congressman Cobb has hosts of warm friends in this city, who are always glad to see him. There is a growing belief, the Journal says, that he would make a very strong candidate for governor if the nomination should be tendered him. Miss Mary Bibb will spend the winter with the family of her brother, Mr. Pey ton Bibb, 511 South McDonough. Miss Elia Bibb at the New England conservatory is winning laurels. Out of so large a number it is seldom if ever that a new student is called on at the first recital, but Miss Ella was the excep tion. She recited ’’Parrhaslus,” and elicit ed applause. Mr. Erwin Jones and Miss Susie Brown, both of whom are well known in Bir mingham, will be married at the First Baptist church here next Wednesday afternoon, at 5 o’clock. No cards have bOen Issued, l?ut all of their friends are Invited. They will make a tour of the east after their marriage. Mr. Robert Flinn, a leading farmer of thts county, died at his residence, near McGehee’s switch, yesterday. He leaves a wife and several children. Will Probated. The will of the late Jesse Murphy was probated here today. By its provisions his property, estimated at some 180,000, and consisting chiefly of Montgomery real estate, is left in trust to his daugh ter. In the event of hnr death without descendants it is stipulated the property shall go to the deaf and dumb asylum at Talladega. County Treasurer Amos Jones is named as trustee of the property. Prospects in New York. Albany, N. Y., Nov. 4.—A conference of democratic leaders was held here today. Reports were received from different counties of the state. The estimated ma jorities of the eleven counties which are placed In the democratic column foot up 73,000. The estimated majorities in the republican counties are 52,000. The final estimate of the democratic state com mittee is 18,000 plurality for the state ticket and twenty-six of the fifty sena tors. Prospects in New Jersey. Trenton, N. J., Nov. 4.—In New Jersey tomorrow a governor, senators and the whole sixty assemblymen will be elected. There are five candidates for governor, but those of the prohibitionists, people's party and socialists will probably not re ceive over 10,000 votes combined. The republican leaders are claiming the elec tion of John W. Griggs by pluralities ranging from 6000 to 20,000, and they make statements by counties. The demo cratic leaders claim that Chancellor Mc Gill will be elected by the normal demo cratic plurality of 7000 to 8000, but they decline to furnish a statement in detail. Conservative men of both parties believe Griggs will be elected. State senators will be chosen In At lantic, Cumberland, Mercer, Ocean, Ber gen, Morris and Hudson counties. The republicans expect to elect In all but the last three, with a chance of carrying all the Hudson. The next senate will be republican, as there are eleven republicans who hold over. The complexion of the assembly will depend on the governorship. The re publicans now claim from thirty-four to thirty-seven members. An Indignant Father. Jackson, Miss., Nov. 4.—A special to the Clarion-Ledger says that Hugh Cook, a prominent young man of Brookhaven.was shot and killed at Hazlehurst last night by Hal Johnson, being caught in a compro mising position with Johnson's pretty daughter. Both families are prominent and there Is great excitement over the affair._ Mexican Exhibition Postponed. City of Mexico, Nov. 4.—Exhibitors who have contracted for space in the Mexican International exposition have Just been apprised of a change In date. In order to get the grounds and buildings com pleted It was found necessary to post pone the opening time six months later than the original date, April 2, 1896. Hold on to It. "When you've grot a good thing hold on to it.” That’s what everybody says, and It's good logic, too. It applies wonder fully well to Simmons Liver Regulator. It's a good medicine, and there Is none better for the same purpose. For nigh three-quarters of a century the people have held on to it. notwithstanding the frauds upon Its good name and sale. It's lust as good as ever, and better when compared with the vile stuff of fered you Instead. Be sure to take noth ing else Instead of it. It's the Red Z you want, and must have. Tell your druggist so. The people are waking up to the fact that they are being cheated when they lake the various preparations sold them on the promise that they are Just as good as Simmons Liver Regula tor, and they are all coming back again to The Old Friend. Take nothing else, and you'll live longer and happier. ELECTION /PREDICTIONS. Governor Campbell Has a Good Fighting Chance in Ohio—860 Republican Speeches Were Made Columbus, O., Nov. 4.—The electors of Ohio will tomorrow choose a governor, treasurer, auditor, judge and clerk of the supreme court, lieutenant-governor, at torney-general, member of the state board of public works and a full general asseirtbly. The election of the latter Is of special Importance, as It will elect a successor to Senator Brice. The cam paign has been a hot one and fought with unusual vigor on both sides. The re publican state committee states that 860 speeches were made under Its directions and fully that many were made on the democratic side. Ex-Governor Campbell himself made fifty-five speeches. On the democratic side state issues have been adhered to and the republicans have been vigorously assailed on the ground of cor ruption In the legislature and extrava gance In Governor McKinley's adminis tration. Besides defending themselves from these charges the republicans have attacked the democrats upon national grounds, claiming that the question of the return of Senator Brice raised a national issue. Governor McKinley has freely embraced the opportunity to urge In his speeches the necessity of Increasing the tarifT rates. In 1892 the republicans carried the state by 1072. In 1893 Gov ernor McKinley's plurality was 80,995. Bast year the republican plurality rose to the unprecedented figure of 137,089. This, however, was upon a total vote of 776.819. In 1892 the total vote was 861,625. A full vote Is expected tomorrow and probably 830,000 ballots will be cast. The republicans concede that their plurality will drop back this year to the normal figure—from 15,000 to ao.oou. me demo crats claim that It will be wiped out and that Ex-Governor Campbell will be elect ed by 10.000. The committee chairman will make no estimates however. The democrats base their hope of success on opposition within his own party to Ex Governor Foraker, whose factions se cured control of the convention at Zanes ville and dictated the nomination of General Bushnell. They expect that the element of the republican party that ac complished the defeat of Governor Fora ker six years ago will vote against his faction now. This hope Is strengthened by tHe fact that the democrats of Cin cinnati seem to be harmonious and that there Is general apathy In the western re serve, the Gibraltar of the republicans. Both parties are claiming the legislature. There seems to be little ground upon which to base an intelligent prediction as to this. Prospects in Pennsylvania. Philadelphia, Nov. 4.—David Martin, the republican leader in Philadelphia, was shown an article contained In a New York paper today setting forth that the anti-Quay and Harrison men have inau gurated a movement to strike down Sen ator Quay and that a fund of $200,000 has been guaranteed for use by those who are to direct. The article further stated that the movement was started In Phila delphia last night at a private dinner, which was attended by most of the men who were arrayed against Quay in his last fight of two months ago. After carefully reading the article Mr. Martin said: “That’s all stuff. No such dinner was held and there Is not a word of trutl\ in it." The gentleman was asked what he thought of the election and he replied: “1 think we will poll 85 per cent of our vote of last November.” "Then it will not give the republican party 50,000 majority in Philadelphia?” Inquired the reporter. “At least 50,000 majority," was the re sponse. Prospects in Iowa. Des Moines, la., Nov. 4.—Indications are that the vote at tomorrow’s election will be light. -The republican state com mittee claims the election of the entire ticket by pluralities from 30,000 to 50.000 votes. The members acknowledge that the vigorous attack made on Drake's railroad building record has had an ef fect. It is estimated that he will run from 7000 to 8000 behind the rest of the ticket. The democrats are conceding the election of all the republican state ticket but its head. They claim that the major ities of last year will be reduced nearly half and claim that there is a show for the election of Babb because of defec tions from Drake’s following. It is claimed by the prohibitionists that their ticket will receive 20,000 votes in the state against 18,000 last year. Tammany Will Win. New York, Nov. 4.—The election in New York state tomorrow will be for state officers, with the exception of gov ernor. The battle in this city will be be tween the forces of good government, represnted by the union ticket, nnd the followers of Tammany hall. The union, or fusion county ticket, contains the names of republicans and leaders of the New York state democracy, which is bitterly opposed to Tammany Hall. The democratic state ticket, however, has been indorsed by the state democracy, and it is believed will receive the sup port of the different factions. The campaign In this city closed to night without any extraordinary demon stration. Tammany Hall leaders predict that its county ticket will be elected by from 40,000 to 60,000 majority, while the fusion ticket managers are just as confi dent that Tammany will not return to power. Both sides declare that they will carry the state by comfortable majori ties. In Brooklyn the local campaign has been lively from the beginning. There are three candidates for mayor: Sheppard, Independent democrat; Grout, regular democrat, and Wurster, republican. Re publicans believe that Sheppard will get enough votes from Grout to elect Wur ster. while Grout's managers feel confi dent that the republican ranks will be depleted by Sheppard .to such an extent as to cause the election of the regular democratic candidates. Sheppard, it Is conceded, has no prospects of being elect ed. Tlie probabilities aVe that Wurster will poll within a few thousand of the full republican vote and be elected. -As In Npw York city the Brooklyn democrats are united on the state ticket. Betting in Now York. New York, Nov. 4.—The betting on the result of the election is very light at the hotels and in sporting circles tonight. But few betting men who wished to wa ger their money were about the Fifth Av enue hotel, the Hoffman house, St. James/ hotel and the Gilsey house, where In former years there was always a- big crowd. At midnight the odds stood at 3 to 1 oa a republican state victory, while the Tammany contingent fought shy on the result In the state, but confined them selves to the county. The odds offered were 2 to 1 on the county, but there were! no takers. Among some of the bets re corded are: A1 Smith bet Riley Grannan $1000 to $600 on Tammany’s victory in the county; George Morgan and R. A. Anderson made a bet of the same amount on the same conditions and the same odds; John Matthews and Gilmore made two bets of $100 even on the result In the state and county,Gilmore taking the Tam many end; Billy Edwards put up $750' against Maj. Tom Williams' $350 that Tammany would win in the county, Ed wards taking the Tammany end. Ed wards also made several bets of $400 to $200 on the same conditions. Late to night Ed Gilmore made another bet of $1000 to $400 with Jack McDonald that Tammany would have a majority in the county. WILL HANG AGAIN Will Purvis, the Mississippi White Capper, Will Have Another Chance to Slip ft, 1 the Noose. fv ■ •> _ Jackson, Miss., Nov. 4.—Will' Purvis, the Marion county White Cap murderer, must hang again, says the supreme court. Two years ago, it will be remembered, Purvis was hung, but because either of the sheriff’s duplicity or carelessness the condemned man went through the door to the ground when the trap was sprung, the loop having slipped over his head. The sheriff declared his belief In supernatural intervention and bo did thousands of spectators, many of whom were relatives and friends of Purvis, and no further attempt at execution was bad. But a new trial was secured and another conviction follows. There is great opposition to a second hanging of Purvis, who was convicted on circumstantial evidence, and strong measures will be brought on the governor to commute the death sentence. A Spinster’s Costly Love. Waterbury, Conn., Nov. 4.—Announce ment is made for the compromise suit for $50,000 damages brought by Mrs. Belle Hinds of this city against Miss Bliaabeth Williams of New bedford on a basis of $20,000. Miss Williams is a spinster of vtvuJtti, \viw i3 ulicgcit iu 114Vc at.cuaUU me auecuons oi iue nusoanu oi xuib. .timas. me case has been in me courts lor two years. WANxED. A nrst-ciubo uoa& baiea_,„„ Apply ai Dii'buu b ut)tween b aua & O viuiiH, A New Hog Disease. Winnebago City, Minn., Nov. 4.—Dr. Charles I. Hewitt of Minneapolis of the state board of health, Dr. V. A. Moore o< Washington, Dr. O. DahlBtrom, veteri nary surgeonof this place, and two other physicians, members of the local board of health, visited the townships of Winnebago, Vernoa, Precott, Blue Earth and Elmore In Faribault county yester day. At fourteen different places poet mortems were made on hogs. The lungs of all these animals were found to be bad ly Inflamed. The disease Is pronounced swine plague. In the townships of Winnebago, Vernoa and Prescott the dis ease is Increasing at an alarming rate. In the other townships visited It Is abat ing. Dr. Hewitt says filthy condition* are the cause for the disease. If? If you want to preserve apples, don’t cause a break in the skin. The germs of decay thrive rapidly there. So the germs of consump tion find good soil for work when the lining of the throat and lungs is bruised made raw, or injured by colds and coughs. Scott’s Emulsion, with hypophosphxtes, wifi' heal inflamed mucus mem branes. The time to take it is before serious damage has been done. A 5o-cent bottle is enough for an or dinary cold. 50 cents and $1.00 Scott & Downs, Chemists, New York. O’BRIEN'S OPERA HOUSE. BEN S. THIESS, Monacer. ONE NIGHT ONLY-TUESDAY, NOV. 5. ATTRACT ION EXTRAORDINARY! Th,® Eminent Comedian, Mr.J. K. EMMETT ("OUR FRITZ") In bia Newest and Beat Comedy Success, "FRITZ IN A MADHOUSE,”' Which ran three months at the Four teenth Street Theater, New York. A Magnificent Production Peifectly Cast. Skating Rink Open every evening from 7:30 to n. Northwest corner 19th Street and Third Avenue. COAL! Office and Yard: Cor. Avenue A and 22d Street. Corona oal Co We sell more lump coal than any yard in the city. Joe R. Cook, Manager. TELEPHONE 1020. DR. PARKHURST ON The Man in the Home His position as husband; his duties as father; his domestic headship defined. An unusual article in the November LADIES’ HOME JOURNAL JO Cents on all News-stands kV The Curtis Publishing Company Philadelphia O’Brien’s Opera House. FRIDAY; NOVEMBER 8. Sousa | And His ( peeite Band -ASSISTED BY Miss Currie Duke, The Charming Solo Violinist. Miss Myrta French, Prima Donna Soprano. THE GREATEST BANDMASTER THE FINEST BAND! most DELIGHTFUL ARTISTS THE MUSICAL EVENT OF THE YEAR!, Prices: Evening—25, 50, 75 cents and #1.00. Matinee—25 and 50 cents. S^^Sale opens Thursday morning, November 7. One Night Only! Thursday, Nov. 7th —♦— First Appearance in This City ! A. Y. Pearson’s Big Patriotic, Romantio and Siuotacular Production, ...THE... Wllite Spodroi] Presenting the Congicss of Navies, Showing the Warships of the Great Pow ers of the World. 50-Fifty Pejople on the Stage-50 a^-Seatson sale Wednesday, the 0th, at 9 o’clock. BABY J10THEK ^•©prRlcjHT ^ FATHER FAMILY SHOES Comprise footwear for the entire household. We can supply every fam ily in Alabama with just what they need for this season of the year. A short price and long wear tells the story of our shoes. We fit every foot and invite the public of Alabama not only to walk, but to walk in our perfectly fitting, com fortable and handsome shoes. We are not pedestrians, but we cover miles of feet every six days. Our shoes please every one, and that makes every one anxious to wear them This week we're selling. School Shoes from 99 cents to j$2. which will save you one-third your shoe money. All kinds of shoes repaired. 10-11-8m ST. PIERRE, IOIO 1st Avenue, Children Cry for Pitcher’s Castorla.