The Birmingham age-herald., 1905-08-27
MARKS CO, ENTERS
 VERY FIRM DENIAL John w. TomIiqSon Makes Statement in Their Behalf THE PAUL JONES WHISKIES Tomlinson Says Paul Jones' Agent Per mitted Marks to Sell Goods as Com
 plalned of-"Wetsv and "Drys"
 Discuss "Exhblts."
THE PAUL JONES WHISKIES

John W. Tomlinson, counsel for the J. c. Marks Liquor company of 2O26 Sec ond avenue, entered general denial yes terday in behalf of his clients to the suit filed Friday afternoon by Paul Jones & O., distillers of Louisville.
 You may say" said MT. Tomlinson to a reporter. that the defendant in the suit of Paul Jones & Co., against the J. C. Marks Liquor company, denies the charges contained in the bill filed by the complainant
 'The defendant in this case Is guilty of none of the charges set out in the complaint.
 'The J. c. Marks Liquor company has purchased goods from Paul Jones & Co.,, and the defendant was permitted by an agent of the plaintiff or complainant to sell the goods in the manner in which they have been sold.
 'The question at issue has arisen from a misunderstanding, and all differences in the case, which are susceptible of dis cussion, compromise and adjustment, will, I am sure, be composed by the parties to the suit.'
 Stimulation Charged. It will be remembered that this Is the suit in which Paul Jones & Co sought to obtain an injunction restraining the de- fendant from further alleged infringe ments of the complainant's rights. The complaint in the suit charged that the defendant had simulated the complainants trade marks and sold as genuine Paul Jones whislies goods which had not been distilled by Paul Jones & Co.
 Interest In Exhibits" l The filing of the bill of complaint with the numerous affdavits and exhibits created almost a sensation in the federal building yesterday. The exhibits in the case were admittedly the most pictures que and interesting ever known in the legal records of the circuit court in Ala bama They consist of numerous photo- graphs of bottles, labels capsules, adver- Using signs and whisky barrels used by Paul Jones & Co. One after another, as the day wore on, the "drys" as well as the "wets who are in the habit of going into the federal building dropped into the clerks office to examine the curious exhibits" As the pages were turned and their eyes fell upon photographs illustrat- ing the proclaimed virtues of the Paul Jones whiskies, the onlookers were stir red with various emotions
 "Drys" Didn't Like It. The "drys" were convinced that the complaint ought to be published ana used as a temperance tract, pointing out the evils of drinking and illustrating the temptations invented to lure mems souls.
 The .'wets' were inclined to take less gloomy view of the subject In thelr brains the exhibits drew landscapes In which every prospect was pleasing and even man wasn't vile.
 One of the court attendants as he turned the leaves of the bill and saw the delectabe dark brown fluids advertised there. fell to humming Tom Moore's words:
 "Come quick, we have but second!
 "Fill round! Fill round while we may,
 '.For Time the churl hath beckoned
 And we must away, away!"
 At the sound of the words, some one came out of the district attorneys offlce, applauded the sentiment, and, merely to fill in. began to quote stanza from Eugene Fields defense of Horace:
 'Old Horace was an owl, sir!
 And starting out to prowl sir You bet he made Rome howl, sir,
 Until he filled his date!
 with a massic laden ditty And a classic maiden pretty
 He painted up the city,
 And Maecenas paid the freight"
 By this time the circuit court clerks office was pretty well filled, and toasts to wine, women and song were ascending till all the poets of all the ages had been drawn upon to supply the insistent de- mand At length, the end came-and one by one the vets and the "drys" emerged from the office. 'It ought to be embalmed as an ever lasting warning against the liquor habit" said MT. Dry timidly, referring to the bill filed by General Counsel Watt.
 'It ought to be preserved along with the Declaration of Independence and other immortal documents in American history" said Mir. Wet, and as he walked off he said quite audibly: Ship me somewhere east of Suez, 'Where the best is like the worst; "Where there are no Ten Command
 ments, And a man may have thirsti" "Ah. well!' sighed an eminent lawyer nearby, who knows alike his "Rubaiyat" and his "Blackstone's commentaries''- q sometimes wonder what the winners
 buy "one half so precious as the stuff they
 sell"