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Birmingham state herald. (Birmingham, Ala.) 1895-1897, November 05, 1895, Image 6

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn85044812/1895-11-05/ed-1/seq-6/

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Judge Giegerich Says it Is, and Judge Bischoff
Says the Law Is Not Constitu
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.
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
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
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 Wild Huntsman Case Has Been Finally De
cided Against the Horse and His
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,
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
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.
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
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
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
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
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.
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
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
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
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
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.
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 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.
BEN S. THIESS, Monacer.
Th,® Eminent Comedian,
In bia Newest and Beat Comedy Success,
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.
Office and Yard:
Cor. Avenue A and 22d Street.
oal Co
We sell more lump coal than any
yard in the city.
Joe R. Cook,
The Man in the Home
His position as husband; his duties as
father; his domestic headship defined.
An unusual article in the November
JO Cents on all News-stands
The Curtis Publishing Company
O’Brien’s Opera House.
Sousa |
And His (
peeite Band
Miss Currie Duke,
The Charming Solo Violinist.
Miss Myrta French,
Prima Donna Soprano.
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,
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.
^•©prRlcjHT ^
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.

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