Indianapolis Journal, Volume 51, Number 93, Indianapolis, Marion County, 3 April 1901 — Page 6

THE INDIANAPOLIS JOURNAL, WEDNESDAY, APRIL 3, IJWI.

JOlKMAI9 III SINKS!! I)IKi:CTUIlT. Wm. 1 lllce, 2 JOS West Michigan trt. Telt hones: Old. 2s7J; new. 31j2. Territory west of Vhlte rlvtr. FLOUISTS nCRTGRMAX I1ROS.. Nw No. 241 Maaa. ave.t 225 N. Del. at. TL 81.

UAXTEI.S AND GRATE.S I. M. FURS ELL iManteli. Furnac-i). Zil :iisachuaetts ar. PATKNT LAWYKHS V. II. LX"KVOOD. pamphlet or any general Information tre ot charge. 4U-419 Lemeke Building. Ii ESTA t : RA N TS bTtfJMKIKIl liKOS., Oyster and Chop IIouso. Ii N. Illinois at. Ioth thon-a. TQg. BALK AND LIVCIlY STABLES HOKACD WüUD iCarrlaijea. Trapa. Uu'-k-boards. etc) Zi Circle. Tel. 1Q97. ETOVK KKI'AIKSTiiK ri:r.iiLKss rorNijnv. OM i hoar 2 on Now 21uJ. 710 Meclc ft. Walt I'apküsI. C. STEVENS. New Ftyl Wall Tarr. Low prlcea. i'M N. Senate vc. Tel. 2 oo wS. FUNKItAL DIHECTOitf FRANK RLANCHARD. ai N. Delaware at. TeL 41L Lady attendant. TL'TEH ILnit & BON. Undertakers. 124 W. Market St. Tel. ri'.i:ilAL DIIICCTOIIS. FLANNER & BUCHANAN (LIeenM embalmers.) Can ahlp diphtheria and scarlet fever. Lady embalmer for ladles and children. 32a North Illinois street. Telephon C41. new and old. C. E. KKEOELO. New 2-'J. FUNERAL PI HECTOR, 223 N. Dlawar St. Residence- 12S E. Vermont St. (Colonial Flats.) New 1'hoae. 1743. FINANCIAL. LOANS Monoy on rrcrtjagea. 127 Eist Market stieet. FINANCIAL M-n y loaned on valuar.h ta.h f.-r M K"ld WARD 4rc fO.. 11 NMriUn it. Fl. AN C'J A ITry n: w l-aa ottlce. 32 N. Delaware. Money on diamonds, Jewelry and household pools. W ill purchase yourawn checks. V lNANClAL Kirst-ni.rt'HK loan on Improved Indianapolis property; lowest rate; rrlviloR of prepayment. Si'ANN tt CO.. 11 K. Market. FI NA NCI A Lnar.s on city or farm property In Indiana. ' rT ennt. NO COM MI: SION. TMonry remly. C. N Lmrke bnildlnsr. WILLIAMS & CO.. 313-222 riNANLMAl OKLAHOMA. OKLAHOMA. Have you ? in tie money to Invent? If so, send tor particulars of th OKLAHOMA LAND AND COLONY CO. 1. H. FITZUEBALD. Manager. Indianapolis, Ind. STOIIAGC 6TORAGE Will get your coo-la free If stored with us four months. Born Transfer and Storage Co.. 21 E. Market. Either phone, 213. t i'uii Aüi:-iN.oV ls warehouse cc. W. E. Kurtz. Pres. H. A. Croseland. Mr. 617-W3 S. I'enn. Telephone U42. We STORE. l'ACK and JIAUL. b i vJtkAiiü Thi Union lranairr and lorag Company, ccrner East Ohio street and DoIlne tracks; only flrst-claSj etora? solicited. CRATING AND PACKING OF HOUSEHOLD tiOODS A SPECIALTY. STOVC HC FA I RS. BTOVn REPAIRS Stove repair and tin shop, Virginia av. New phone 34. j. CAItrUT CLCANIXG. CARPETS thoroughly cleaned. Tie room. Capitol Carpet Cleaning Werk. Both "phones SIS. KOIl 11 MAT IIOCSCS. TO LET See list rt 121 E. Market; ground floor. GREGORY & APPEL. WASTED-MALM HL.L1'. V ANTED First-clas furniture finishers, water rubbers and polishers. Apply at once. THE I'DELL WORKS. Indianapolis. Ind. ; S'ANTELSix Mr?t-clats machinists, familiar with locomotive erecting ahop work. Standard tay. Addr.ss SUl'T. MOTIVE POWER AND EQUIPMENT, Toledo, St. Louis & Western j'.allroad. Frankfort. Ind. WANTED Salewnen to sei our Roods by sample to wholesale and retail trade; we arc the largest and only manufacturers In our line In the world; liberal salaiy raid. Address CAN-DEX MFG. CO.. SaTannaii. Ga. .WANTED For United States army: Ablebodletl unmarried run between the apes of 21 and 30; cltizms of United States, of good character and temperate habits, who can ?jeak. read nd write English. Kecrults sicclaliy desired for service In Philippine. For Information apply to Recruiting officer. 2i North Illinois treet, Indianapolis. Ind. WA X T E D I ' 12 M A L C 1 1 U L 1. WANTED Trimmers at or.ee. Apply INDIANAPOLIS MILLINERY CO., 213-17-19 McCra? .. AOTICC. NOTICE JOSEPH GARDNER, tin work and furnaces. 29 Kentucky ave. Telephone 222. &OTICE Ladies to call at Chambers 5 and 1) cent store and see the mammoth display of article cf every di-rlptljn. 3 W. Watiht.-gton st. TiOTlCE The Chlcakö Loan"cöThA9" removed from 261 E. Wah. ft. and taken possession of Ita new quarters. 4ZI E. Wash. st. Loans made on diamond, watches, bicycles, clothing, etc AVA X T Ii D A (JESTS. WANTED Agents wanted everywhere to write accident and health insurance. Address 49 When building. AGENTS XTTED Souvenir buttons; CJerT Funston's. Mrs. Nation's and Buffalo. Particulars for stamp; re-firmces furnished. YOI1NER & CO., Des Molne?. la. WALL I A Pi: It. llAtOEXsTTiwFMA WALL PAPE It. - US North Illinois Ftreet. W ALL PAPER Our stock of wall paper j laige and of all new designs; examine It and get our prices before buying. ALBERT HUTCHINSON. Sit and 341 E. Washington street. Furniture, carpets, chlnaware. 31 ASSAGI2 AND BATHS. MASSAGE. ELECTRIC and PERFUME baths. 1451-, w. Washington st.. second floor. FOIt SALE. FOR SALE Machinery. Wood-working machin ery lor naii pianino mill In the city. Singly r as a whole. Shafting, belts, etc. Address Itemi 1133 Stevenson building. FOR SALE Splendid bakery "and confectionery kho: eütablished 43 jt-ars; po.-r health reason for selling; U-st stand In r!ty for making money. MRS. CARTER. 17 N. Illinois Pt. For; SALE Villi I CLUS. 20R SALE-I-aundry. grocery, milk wagons; second-hand furrey an.l two phaet-nu; repairing and repainting a jclalty. New i hone 394 lti.KOOGLE. 2127E.Vahhlngfon. VoR SÄLE New and second-class vehicles" buggy tops, canopy tops, spring wagons and LujCK bodies; wheels, shafts, polesn cushions, tacks, dashes, fenders and sprlntja. Call at L23 K. Illinois st. M. H. GEYER. DE.TISTRY. wi i t i Hi Mojern dentistry at mo,lerate prls at 10 N. Pennsylvania St., Room 1 I R A L.1I A M I LTD N . XENTISTRY Scientific "denTistry; thirty years experience. S. F. EARHART. 1Ü4 Washington tret. Call and get prices. wati:d-si iscclla.1 cots. kANTnr B!cyMe and gun repairing, key flttinqr. W. O. UVOD. 12 Virginia avenue. tVANTEI The r.iany articles for the homeat Chambers' S and lo-cent store, 20 W. Vahir.gtcn. sioiU.l b seen to be appreciated. Call J Inspect. WANTED Tin h.ivl:.g Tamtf Tr"tümörto Write for fr-e lm ,k en In me treatment of this lintaBe by uS-orptn n. Addrers IR. C H M -ON. Chatham. N. V. It i: STA l IIA X TS. I.KMAIKA.M I.arton's cafe 1 the bet In city; try our l..c meals. 12Ö W. Washington. TO LET. TO LET Mir.ufai.turin:; bulUlng. with power 'r,';.,1'!'""' ,rl the cltJ"- Ai4lv BRVCES To LET-ß n ms; bath, furtiafe. 'ilelil'htfullv situated; S ll-jck poHo-r.c,-; Jli. 2i Highland l Venu. K R.NT-Slx room ai.d I t "i ; :j!.,way f!at -st flo r. MZ-. 22. East M!. i ..n j-tre.-t ur Ctntrl Trust Company. IlL'ÜM AXD CA II PETS. j;t rj AM' CAHI'ET.'-A. W. Williams, manufaiti.ttr -.f'ijtr, j .r t ir , hn k and ntg ratn. :.; M4,if,ii4.nf. ln!ina: oli l'1. Oil anl tew trirphone l.Tl. ;t il -es Lsforu buying.

SEALED PROPOSALS.

xotic'e to iimnr.Hs. OiTlce of the Board of School Commissioner!-, Indianapolis. April 3d, V.). Healed propoxaU will le n-ctived by the B.ard of School Commissioners of the city of Indlaniil)iis at the oill'-p of the buslnffs dirffter. in the Public Library building, until 2 o'clock p. m. April 20th. 11, for the erection of an addition to tli" Shortri Ii' Hißh S hooi. Pennsylvania and Mkhizan treets. city of Indianapoll. Plans and sj -itlcations fr sail building are on file In the ottie of Nonnegut & Hohn, architects, Indiana Trust luiMlnjr. on an 1 after April P th. .t the same jilai-e and date above specified ifalfd proiisaIs will bo rerchel for the erection of a school btilldir.g on Palmer street, between Barth avenue anl Ringgold fctrcft. In the city r,f Indianapolis. Plans anl sjH-clJlcatlons for raid building are on file In the othc o of t.Jar iu e Mnrtlndale. architect, Blackford Mock, on and after April lf'th, Id. P.-opotald for each of the above buildings must be accompanied by a certified check payable to the Board of School Ccmmlssloriern rf th city of Indianapolis fur the sum of five hundred dollars $.'juo.oo) as a guaranty that the bidder will enter into a contract with the said Board of S hool Commissioner?, and tile a satisfactory bund within five days if the tuld work ls awarded him. A failure on the part of the contractor to enter into contract or rile a satisfactory bond (as required by th s; eclncatlon) within the time mentioned above will forfait the sail certified. ch k and nil right and title to the said contract. The Board of School Commissioners reserves the right to reject any or ail biis. J NO. E. CLELAND, Business Director Depot O. M. Dep't. Jeffersonvllle. Ind., March 2'i, 1 j 1 . Sealed proiosal. in dpullcate, will be received here until P) o'clock a. m. (Central Standard Time), April 24. KhjI. for the exile of flan ml cuttings and misoellam-ous materials. All information furnished on application. The right reserved to reject or accept any or nil proposals or any part thereof. Envelopes containing proposals should bi marke! "I'roposa !. for Purchase of Cuttings." and addressed to the undersigned. C. lt. 1JARNETT. Deputy M. General. Depot Q. XI. Dep't, Jeffersonvllle, Ind. . March 2S. P 1. Sealed pro-osals. In triplicate, will be received here until 10 o'cIx-k a. m.. April 26, Kd, for furnishln; and putting up wooden flagstaffs at National Cemeteries at Lexington and Danville. Ky., and for staff and repairs to rostrum roof at New Albany National Cemetery. Indiana. Separate proposal) required for each cemetery. The Unlteil State reserve right to reject or accept any or all proposals or any part thereof. Information furnished on application. Envelope containing proposals should be marked pro-M.sal.i for FagtarTs," and addressed to C. R. BARNET.Deputy y. M. Gen. P KO POS Ä I .S Ft lt "METAL DISH WAS 1 1 IN O MACH IN hi National Military Home. Grant county, Indiana, treasurer's oilice. March 6, 1101. Sealed proposals will be received at this ofttc until 12 o'clock m.. April .. V.A, for furnishing and delivery of one O) copper and brass dishwashing machine at Marlon Branch. N. H. D. V. S. Printed Instructions and specifications' and blank proposal will be isuppli'-d upon application to this oflice. The right Is reserved to reject any or all proposals or to waive any Informalities therein. Envelopes containing proposals should be Indorsed "Proposals for Supplies. N. H. D. V. S.." ar.d addressed to the undersigned. H. O. HE1CHERT. Treasurer. JUSTIN II. CHAPMAN. Governor. HEM OVA I,. REMOVAL The cljrar stand of Frederick Riebe!. at 48 E. Waihlniton. has lieen removed to 14 North Pennsylvania, and is now controlled by HIEEKL CO. aiACHIXEIlY. ßFCOND-HAND boilers, engines and machinery. THE SENSITIVE MACHINE SUPPLY CO., 732 Massachusetts ave. LEGAL ADVERTISEMENTS. CREDITORS. In the District Court of the United States for th district of Indiana. In bankruptcy. No. hJl. In bankruptcy. In the matter of Fenelon F. Dannettelle, bankrupt. To the creditor of PVnelon F. Dannettelle, of Indianapolis, In the county of Marlon and district aforesaid, a bankrupt: Notice is hereby given that on the lat day of April. A. D. 1901, the paid Fenelon F. Daunette'.le was duly adjudicated bankrupt; and that the first meeting of his creditors will be held at Room 511. Indiana Trust building. No. 117 East Washington street, in the city of Indlnnajolis. Marlon county, Indiana, cn the lllth day of April, A. D. 1M1. at 9 o'clock in the forenoon, at which time the said creditors may attend, prove their claim, appoint a trustee, examine the bankrupt and transact such other business as may properly ccme before staid meeting. ALBERT RABB. Referee In Bankruptcy. Indianapolis. Ind.. April 2. 1901. THE TRkFFIC OF MARCH V ALL RECORDS FOR THE MOXTII EXCEEDED IX TOXXA(ii: IIAXDLEI). A I'nsNonger Wnr Imminent Over PanAmerican KumIiich to II u Mill o General nrtl Peraonul Xew. The train records show that there were received and forwarded at Indianapolis in March u total of 127.2S3 cars, W,27G being loaded. In the corresponding month of EXX) there were handled at this point 91,561 loaded cars; in 1SW, KS.033; in 1SDS, Ol.TbS; in 1Sü7, 7y,7lS; in lS'Jö, S0.731. From the above comparisons It will be ieen that March this year was a record breaker, and this is the more remarkable as not an Indianapolis line could furnish the cars called for.in any line of freights, and it has further demonstrated that business can be secured at tariff rates. Never in the history of Indianapolis, say freight officials, have rates been as well maintained as since Jan. 1. In the first quarter of the year, ending with March 3, there were handled at this point a total of 235.4G8 cars, 209,44$ being loaded. In the corresponding three months of 1100 the cars handled at Indianapolis were 260,291 loaded cars; in ISLA, 266,CCtJ; In 1&98, 273,755; in 1S07. 227,7a., and the tonnage now carried per car is estimated to average, taking all classes of freight, five tons more than in the cars a few years ago. A Rate War Imminent. The board of arbitration which met to decide whether the Pennsylvania-Erie Akron route to Buffalo was entitled to a differential could not come to an agreement, and as a result that perplexing question has been handed back to the Central Passenger Association for adjustment, If possible, at its next meeting. The committee was before Commissioner Goddard, of the Trunk Line Association, the better part of last week, but the contentions on both sides were so strong as to practically make any settlement impossible. In the meantime the outlook Is not altogether pleasing from a railroad man's standpoint. The Akron route is going into one of the best paying sections of the country for travel, and will demand a differential, having said before that In case the question was not arbitrated before April 1 It would insist on the differential Boing shown in the tariffs. The llig Four claims that the route has no more right to a differential than it has, and in fact less, for its line is shorter from important points. The regular differential lines, which are strictly outcluissed by the new route In every way, insist that they shall not be placed on the same basis with the new route and will, therefore, quote a differential on the fare announced by the Akron route. It has become, therefore, an important question which the C. P. A. will have to decide at its next meeting to prevent the Pan-American Exposition opening with a nasty rate war on among the railroads that may offset some of the good business obtained. OtUelnl CJinnitew on the L. V X. Announcement was made at Louisville yesterday of the resignation of First Vice President Vandenburg, of the Louisville & Nashville Railroad. It is believed he retires to take service" with a large Eastern railroad. A. W. Graham, who has been trallic manager, tuceeeds Vandenburg and C. li. Compton. general freight agent of the sy.-tem. becomes tratllc manager. Mr. Compton's successor as general freight agent will be announced in a few days. A. W. Graham, the new vice president, is a Lmihvlllo man. He started with the Louisville & Nashville as a stenographer to the pre.-duent. Iater he .erved in the same capacity to J. T. llarahan, then general manarer of the Louisville & Nashville, now second vice president of the Illinois Central. A few years ago he was made chief clerk of the traillc departmcut. This posi

tion he held until November, 1SW, when ho was promoted to tratllc manager. He now leaves that office to become first vice president.

l'eraonnl. Local and General Xotea. W. P. Depee, assistant general passenger agent of the Big Tour lines, was in the city yesterday. Joseph Ramsey, vice president of the Wabash, returned yesterday from Hot Springs, Ark., where he has been resting for two weeks. The Board cf Trade of Lima, O., has taken steps to secure for that point the shops of tne Ohio Southern and the Detroit & Lima Northern roads. A. C Murrell, a iassenger conductor on the Cotton Belt, ls dead. He was a veteran in the company's service and prominent in the Order of Railway Conductors. K. B. Gorsuch, who on April 12 will graduate from the Ohio Normal University, will on April 15 take the position of assistant ticket agent of the Big Four at Dayton, O. F. W. Cox, who, on April 1, retired as general machinery inspector of the Baltimore At Ohio lines, goes to Milwaukee as superintendent of the Milwaukee Electric Company. J. A. Kuhn, for some years past, general agent of the Chicago & Northwestern, at Minneapolis, will, on Monday, take the position of general freight a'gent of the Fremont, Elkhorn & Missouri Valley road and of the Sioux City & Pacific. The Lake Erie & Western loaded and unloaded at Indianapolis in March at its city fieisht depots more cars than in March, l'.ou. its relations with the Lako Shore are steadily Improving its freight as well as passenger business. Under the rule of the Central Tassenger Association no road can maintain an Independent ticket oiliee In a city that its lino does not enter, and that Is the reason the Toledo, St. Louis & Western has been asked to close its oftlce in Cleveland. Edward Raschig. chief clerk of Assistant Central Superintendent Fargo, of the American Express Company, has just completed his thirty-sixth year of service with the company, and not being in very good health the general superintendent gave Instructions that he be granted a thr?o months' leave of absence. Mr. Raschig will ieceive full pay while absent. John K. Cowen, president of the Baltimore & Ohio, pays It Is not true that Vice President Underwood had tendered his resignation to take the presidency of the Erie, and E. B. Thomas, president of the Erie, says: "If I was to give up the presidency of the Erie I would know it as quick as any person, and all I know about it id what I have seen in the papers." From what can bo learned the old passenger strife in the West will be renewed with vigor thl summer. The Chicago & Rock Island took the initiative by announcing a series of low rates to Denver and adjacent points, and competing lines are forced to take similar action for nelf-pro-tection. This has led to a rumor that the Gould-Harrlman Interests are buying stock of th Chicago, Rock Island & Pacific. Bulletins were received at Elkhart, Monday afternoon, announcing the promotion of Division Superintendent A. II. Smith, of the Michigan division, to the position of assistant general superintendent, with headquarters at Cleveland, and the promotion of Trainmaster J. R. Morgan, of the Buffalo division, to Mr. Smith's former position, with headquarters at Toledo. The changes took place April 1. The Lake Shore will Introduce on its best trains stenographers with an office in the observation car. and arrangements have been made whereby nil letters written by them can be posted on the train. It is expected that the maids placed on the trains will perform the duties of maids at home, assisting women patrons ns much as possible with toilet preparation and looking after their comfort when traveling. The Toledo. St. Louis & Western is dally assuming a more threatening attitude on the granting of a differential to the Akron route to Buffalo, and should the arbitration prove favorable to the PennsylvaniaErie line serious complications are looked for, undoing the work of many months pa?t. The Big Four and the Lake Shore, naturally, are giving the Clover Leaf support, morally, but. under agreements, can not well go further. The Railway Journal's last issue contains a photogravure of C. II. Cory, superintendent of motive power of the Cincinnati, Hamilton ci Dayton lines, and a sketch of his railroad career, he beginning railroad service as an apprentice in the locomotive works, at Paterson, N. J., in 15. In July, 1SS6, he left the lioosac Tunnel line as master mechanic to become superintendent of motive power of the Cincinnati, Hamilton & Dayton. The general manager of the American Express Company gives notice that George C. Taylor has been appointed general agent of the company at Chicago, vice George F. Nosier, transferred to New Orleans, he succeeding N. T. Brown, appointed assistant superintendent of the southern division, with ottice at St. Louis, and the title of L. A. Garner, superintendent at Omaha, has been changed to assistant general superintendent, in charge of Iowa and Nebraska divisions. The Union Pacific announces that In conjunction with its Western service the Southern Pacific will hereafter run four trains north and south each day along what is known as the coast line. This will give for the first time through service between San Francisco and Los Angeles on the coast division. Connection will be made at San Francisco with the Union Pacific-Central Pacific trains from the oast,- thus giving the Union Pacific a new line to Los Angeles. The United States Court of Appeals, at Cincinnati, yesterday affirmed the decision of the lower court In the Columbus, Sandusky & Hocking Valley Railroad Company cae, holding that the JlO.OOO.iKKl general and second bonds, with S2.0U0.U0O of prior lien bonds, were a first lien on the property. The road was recently reorganized and Its name changed from railroad to railway. The trustees, headed by John G. Carlisle, held the bonds were not a first lien, but the holders of them'appealed. There is a little uneasiness among express officials over the increasing sales of express stocks and the higher prices they are bringing, and with this comes a rumor that It ls the intention to consolidate all the express companies. Senator Piatt, who owns control of the Unittd States Express Company, it Is stated, has refused a large offer for his stock. The last two years the express companies have made large sums of money, and the general appreciation in value of the respective stocks lends color to the talk of the formation of one great company. Railroad advertising some time since made artistic Illustration one of its distinctive features, and Is now entering into the domain of literature. A little book just Issued by the Chicago & Northwestern Railway Company is of real value ns an historical comnendlum. It Is entitled "The Indian; the Northwest." The Northwest has had a great deal of history of one sort and another and the Indian has figured actively in the most of it. The development of the country between 1600 and 110 is outlined, with an account of the movements of the Indians, with something about tlte various tribes, their customs, their noted chiefs, their wars, etc. The facts are complied from a number of authoritative works. The book Is well printed and contains a number of maps and other illustrations. Seeoiitl lrewty terlnn l'ulplt. Rev. Hanson A. Edson, former pastor of Second Presbyterian Church, will not occupy the pulpit of that church next Sunday, a? stated in an afternoon paper yesterday. The Eastr sermon will be delivered by Rev. Dr A. F. Brüske, president of Alm. College. Alma. Mich. Dr. Edson will preach In the Second Presbyterian Church Sunday morning. April 14. provided Dr. Chapman, the Presbyterian divine, who has been extended u call to the pastorate of the church, fails to arrive. Dr. Chapman has stated that he woidd probably address the congregation April 14. and that date is being held open for him. W. S. Fish said last night that Dr. Edson will In any event be hoard at the Second Presbyterian Church In the near future. Saloon Men Heavily Fined. Joseph Farrlsh, of North Indianapolis, whose liqucr license was revoked several weeks ago. was tried yesterday In Police Court on four charges of violation of the liquor law. He was fined cn each count $33 and costs, making In all $240. Bert Blue, a North Indianapolis bartender, was fined V and costs on each of two charges cf violating the Nicholson law. On Their War to Enrope. Representative Overstreet and wife left for New York yesterdaj afternoon, over the Pennsylvania line. They will sail from New York on Saturday, on the steamship Trave. They will stop at Gibraltar, and from there will go to Spain, and then proCt.l to Naples. They expect to make a general tour of Europe before returning, some time in August. Have your tin roof, gutter and down ipout repaired. THOMAS E. HADI.EY. 14ti Kentucky ave. New 'phone 1006.

TALES OF HIDDEN GOLD

WEIRD STORIES RELATED IX A CUD CUT CO HIT CASE. An Attempt to Prove that Clark XValt Wna Mentnlly Weak Other Matter In the Court. The story of a hidden treasure was told in the Circuit Court yesterday In a will contest case that was heard by Judge Allen. The plaintiff in the suit Is Harriet Westfall, the only surviving child of the oldest child cf Clark Wait, whose will is being contested. The suit is brought against the other heirs, who Inherited all of the property which ls valued at JC.O00 or fS.oüO. It is charged that Clark Walt was of unsound mind when ho made the will and was unduly influenced. The will was made fifteen years ago, and the old gentleman has been dead about two years. The witnesses brought out the story of a supposed hidden treasure that is said to bo lecated somewhere north of Oaktandon, this county. According to the testimony Clark Walt was one of the principal seekers after this treasure and put In considerable of his time wandering about the farms in his neighborhood endeavoring to locate it. I lis belief was that a pot of gold was buried somewhere in the neighborhood and Is said to have used what he termed a charm in locating it. Ills guide to the treasure was a charmed ball and string which he carried with him. By certain manipulations of this ball and string and by holding It In certain positions, he claimed the ball would direct him to the pot of gold. There was a proviso, however, in working this charm, and that was absolute silence. If anyone spoke the charm was broken, Indians with brandishing tomahawks would rise before him In a threatening manner and he would be compelled to start the whole procedure over again. It was also said that at one time the old gentleman claimed a heavy mill stone, weighing tons, was suspended by a string over him when the charm was broken, and a man held a knife ready to cut the string. It was with the utmost difficulty that he succeeded In getting out from under this stone. It was also said that when the charm was broken by anyone speaking to him, the old gentleman would become very angry and censure those who interrupted him. This testimony was Introduced by the plaintiff In an attempt to show that her grandfather was of unsound mind. Other testimony developed the fact that Clark Wait was not alone in his mission of seeking a burled treasure. It ls said that several other persons have engaged in this exciting hunt and many shovelfuls of earth have been turned over In the attempt to discover the coveted gold. It seems thit for forty years there has been a sort of legend about a treasure having been hidden in the vicinity by some person unknown and not a few have placed enough creclance in the story to try to find it. To many of the residents of the neighborhood this legend was partially confirmed. About fifteen years ago a party of detectives came there from Kentucky and said they had information from a prisoner they had arrested that there was hidden gold on one of the farms north of Oaklandon. They asked permission from one of the farmers in the vicinity to make an investigation, which was granted, but the search developed nothing. However, those who had placed faith in the original story became more convinced that there was something in it and more than one farmer has since endeavored to find the gold. The ca?e Is now only fairly started and more intereating tales are looked for about the hidden treasure. HIGH COURT CASES. Declaiona by the Supreme nntl Appellate Judrcen. The Appellate Court yesterday. In affirming the case of the Stnte on relation of the Bank of Brookston vs. Thomas G. Stout and others, held that a township trustee's bondsmen are not liable to one who buys a township warrant issued by the trustee without authority. This is true even though the trustee may have deceived the purchaser of the warrant into believing it valid, by falling to keep a proper account of his expenditures and by stating In the warrant and in answer to question that the warrant was issued for necessary school supplies. The case grew out of the discounting by George M. Ray to the Bank of Brookston of two township warrants for "school supplies," issued by Trustee Stout. In the case of Isaac Allen vs. Jacob Frederick the Supreme Court decided that the act of the last Legislature allowing certain cases decided by the Appellate Court to be taken to the Supreme Court h?s no effect on cases In the Appellate Court that were decided before March 11, 1501, the date when the act took effect. The town of Oosport will be compelled, as a result of a Supreme Court decision yesterday. In two appeals, to pay $300 a year for lighting its streets with electricity, notwithstanding the allegation of the present board of trustees declares that such a price is extortionate for a town having only 00 inhabitants. The former board made the contract, which was promptly repudiated by the newly-elected board. A humorous allegation made by the lighting company is that the trouble arose from the selection of the members of the new board "from the one-gallused part of the population, on a rag-tag and bob-tall ticket, pledged to a hog-out platform." In affirming a Judgment quashing an indictment charging Lewis A. Hendry with altering and counterfeiting a warehouse receipt issued by the Lake Shore Railway for wheat delivered at Its warehouse in Angola, the Supreme Court seemed to tacitly countenance the alteration of an Indorsement on the back of the receipt by which the man who received it Indicated that it graded as "No. 3," so as to make it appear to grade "No 2," as a result of which Hendj-y obtained 8 cents a bushel more for hi wheat than he would have received if the indorsement had not been altered. FRANK HAY ON" TRIAL. Kx-Juatlce of Pence Charged with StrlklnK n Woman. Frank Hay, ex-justice of the pence and ex-constable of Justice Smock's court, was tried before Judge Alford, of the Criminal Court, yesterday on a charge of assault and battery on Mrs. Sarah Neeley. Hay was sent to levy on property belonging to the Neeleys. Mrs. Neeley charges that he struck her in the mouth with his fist, breaking her false teeth, and tore her clothes. She also avers that he took a watch and some jewelry that had been given her by her dead brother, and when she testified to this charge on the witness stand sho cried. It is also charged that Hay struck her brother several times with his mace when he asked about the trouble. Hay says the woman tried to interfere with him in carrying out the orders of the court and that he only pushed Mrs. Neeley away from the door when she tried to shut it in his face. Hay laughed when Mrs. Neeley cried on the witness stand. Jiulse Daly, of tho Police Court, fined Hay $23 and crrsts, and the trial yesterday was on an appeal. The jury did not bring in a verdict last night. LXIQIE DAMAGE SI' IT. A Trleyele Rider Allece that He War Damaged by Eporure. David Johnson, administrator of the estate of William McKinney, yesterday brought suit against the street-car company for $10.000 damages. McKinney was killed on Howard street bv being struck by a street car, .while riding In his buggy, and hurled against a tree. The street-car company was made defendant in another damage suit for $5.i by Frank Harreil. Harrell is paralyzed from his hips down and rides a tricycle. In taking long trips he avers that he was in the habit of using the street cars and the conductors would help him and hl? tricycle on to the cars. Upon returning from Irvlngton, he avers that the conductor on an Indiana-avenue car refused to help him on the car and he was compelled to werk

his way home on hi3 tricycle. Because of the exposure he says his health was injured. An I n n I UK for Bridge Compnny. Judge Leathers yesterday overruled the demurrer of the city in the case of the Hoosler Bridge Company in its suit for $1,500 for payment in full for constructing the Illinois-street bridge over Fall Creek. The bridge company took the contract to build the bridge for toO.OuO, agreeing to pave the floor with block. When the bridge v.tis nearly completed the company was informed that the street-car company was require-d to pave between the tracks ,in compliance with the terms of Its franchise. The city then deducted Sl.fjuO from the contract price for the bridge on the ground that the street-car company paved between the tracks. A suit followed which set up the plea that the bridge company knew t lie street-car company was required to pave between Its tracks and did not take that part of the work into consideration when figuring on the contract. It was also claimed that the bridge company would not have paved between the tracks without the city's order. The ruling practically sustains the bridge company in its contention and it is said the case may be settled without carrying It farther in court.

Building and Loan Share. The Madison-avenue Saving and Loan Association No. 5 yesterday filed a petition for an interpleader to keep from being sued by Casper Hess, or Louisa Hess, executor of the will of John Hess. The petition sets out that John Hess held two shares in tho company, which matured yesterday, amounting to $100. After Hess's death the dues were kept up by a member of the family. The association says It is willing to pay the $4o0 to the right party, but Casper Hess now claims that the shares belong to him, and the executor also lays claim to the shares, and both are threatening suit unless tho money is paid. The association has deposited the money with the county clerk and asks the. defendants to be enjoined from bringing suit and that they settle the matter between themselves without bringing the association into court. Adoption of n Child. Charles W. Wilson and wife, living at Forty-third street and Central avenue, yesterday filed a petition In the Circuit Court for tho adoption of Mab-1 Raymond, two years old. The child's mother is dead and the father, being unable to properly care for the baby, consented to the adoption. Mr. and Mrs. Wilson have no children and the child Is to be made their heir. A Stilt for PoMwewr-lon. Maria II. Ayrcs yesterday -brought suit against William R. Moore for possession of the business rooms now occupied by the Sherman restaurant, on South Meridian street. Moore leased the rooms in 17 for four years and the lease expired April 1. He refused to vacate and Mrs. Ayres wants possession of the property. Executrix Appointed. Anna Marie Merrill was yesterday appointed executrix of the estate of Catherine Merrill, and gave a bond of $10,000. THE COl ItT RECORD. SUPREME COURT. lfHSO. State of Indiana vs. Hendry. Steuben C. C. Affirmed. Jordan. J. The indorsement of a number on the back of a grain receipt specifying the quality of grain the same calls for, so as the price of the same may be fixed, is not a part of the receipt itself, and any change or alteration of said number by the holder thereof does not constitute forgery. i:250. Town of Gosport vs. Pritehard. Owen C. C. Affirmed. Monks, J. 1. Towns in Indiana have the authority to contract for the lighting of streets and alleys and other public places, with electric or other forms of light. 2. Fraud or abuse of discretion Is never presumed, but must be averred and proven. 3. When a town has repudiated its contract for street lighting the contractor may sue at once, for the amount due. 4. A writ of mandamus is not proper when there is another adequate remedy. 5. Where a contract purports on its face to be the contract of a town, and It is signed by the president of its Board of Trustees, one of the trustees, and attested by the clerk, it shows that It ls a contract of the town. 6. The expense of light and water Is essential to the maintenance of corporate existence of towns and constitutes current expenses, payable out of the current revenues. 7. The power of municipal corporations to contract for the lighting of streets is purely a business power and is discretionary. S. Discretionary powers vested in municipal corporations are not subject to judicial control, except in cases where fraud is shown or the discretion Is grossly abused to the oppression of the citizen. Ift.itj. Town of Gosport vs. Pritehard. Owen C. C. Affirmed. Monks, J. Affirmed upon the authority of Appellant vs. Appellee. No. l:25n. i:-r.2. Hay vs. McDaniel. Clark C. C. Transferred to Appellate Court per curiam. 1. Where a receiver is not prayed for nor made pendente lite, but is appointed after tri?.l upon issues joined when all the issuos are disposed of, an appeal therefrom can be taken within one year. 2. The general right of appeal from all final judgments and decrees was not intended to be limited by the subsequent enactment of the statute allowing appeals from orders appointing or refusing to appoint receivers to be taken within ten days. 1SS73. Gas. etc., Co. vs. City of New Albany. Clark C. C. Petition lor rehearing overruled. 1U0.S. Allen vs. McGee. Monroe C. C. Transferred to Appellate Court. 1'J13S. Day vs. Ganung. Delaware C. C. Same. 1Ü071. P.. C, C. & St. L. Ry. Co. vs. Bolner. Blackford C. C. Same. 19101. Franklin vs. Lee. Vanderburg C. C. Same. VJIU. Boyle vs. Wigal. Switzerland C. C. Same. B'143. C. C. C. & St. L. Ry. Co. vs. Penketh. Madison C. C. Same. V.nTA. Maxwell vs. Sohirtz. Boone C. C. Same. lyif.-'. Stabano vs. Leeds. Laporte C. C. Same. llMSl. Utler vs. Kersey. Boone C. C. Same. Minutes. lOiSl. Samuel J. Utter et al. vs. Elizabeth Kersey. Boone C. C. Appellants' petition and affidavit for publication. lj;i:4. Annie A. Smith et al. vs. Willard A. Fairfield et al. Allen C. C. Appellunts reply brief S.) ll4rjl. Lewis C. Stewart vs. Ida M. Stewart. Marion C. C. Appellant's reply brief. 19100. V. S. Ralya, administrator, vs. E. C. Atkins cc Co. Marlon S. C. Appellant's additional authorities. APPELLATE COURT. C332. C. cc S. E. Ry. Co. vs. Adams. Boone C. C. Reversed. Robinson. J. 1. A proceeding under Section 5317 Burns, lj4, against a railroad agent to answer for moneys In his hands belonging to the company is p.n original action, and the complaint should show that the justice before whom the judgment was taken had jurisdiction of the cause. 2. Money paid In upon order of court is not a voluntary payment, and until the moving party recovers Judgment against the party paying the money Into court he is not entitled to any part thereof. r.41". Bugh vs. Crum. Wells C. C. Affirmed. Henley, C. J. 1. The execution of a note bearing interest for accrued Interest upon another note is a sufficient consideration for extending the time of payment of the note due. 2. Where the payment of a promissory note ls extended for a deflnlfe period for a valuable consideration without the consent of the surety, artd the hold r of the note knows of the suretyship, the sur ty will be released. 3371. Rietman vs. Bangert. Vanderburg S. C. Reversed. Comstock, J. I. A complaint must proceed upon a definite theory, which must be clear and manifest. 2. Facts and not conclusions must be pleaded directlv and nut by way of recital. 343S. North British Co.. etc. vs. Rudy. Rush C. C. Affirmed. Wiley, J. l. a Is not error to permit an amendment of a complaint where the cause of action Is not changed. 2. The statute authorizing amendments of pleadings should be liberally construed. 3. Granting leave to file amended pleadings after the issues are closed and pending trial is largely within the discretion of the trial court, and it Is only in cases where there seems to have been an abuse of that discretion, apparently resulting in Injustice, that an appellate tribunal will interfere. 4. It is not error to sustain a demurrer to an answer when all the facts therein can be proved under the general denial. 5. An application for a continuance Ii addressed to the sound discretion of the court, and the action of the trial court will not be Interfered with except in cases of abuse. t. It is not error to refuse an Instruction already given by the court. 3f"7. State ex rel. vs. Stout. Tippecanoe S. C. Affirmed. Black, J.-l. Where an Instrument is not the foundation of the action it is not properly an exhibit in tho complaint. 2. In the purchase of school supplies by a township trustee, where he issues warrants in payment therefor no debt is created against the trustee personally. 3. A township trustee lias no power to bind his township by a contract pur-

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porting to create a debt of the township In excess of the fund on hand, to which the debt is chargeable and of the amount of such fund to be derived from the tax assessed against the township for the year for which the debt Is to be incurred, without first obtaining an order from the board of County Commissioners. 4. When a township trustee undertakes to bind his school township by contracting a debt contrary to the statute, and anything for which he has authority to expend money from the special school fund has been received and retained bj' the school township under the contract, which ls beneficial to the township, there may be a recovery against the school township for the benefit so derived by it. 6. One who deals with a public officer with naked statutory powers, is bound at his peril to ascertain the scope of the officer's authority, and cannot found any claim upon acts done by such officer in excess of his statutory authority. 6. A warrant of a township trustee payable out of a particular fund is not negotiable as commercial paper governed by tha law merchant. 7. To authorize a recovery against an officer upon his bond for breach of official duty, it must be shown that he violated some duty which he owed specially to the plaintiff. S.'Äi. Allen vs. Frederick. Harrison C. C. Application for transfer cause to Supreme Court denied. 2553. International Association, etc. vs. Watson. Adams C. C. Motion to dismiss overruled. 3304. Sulzer Company, etc. vs. Rushvlllo Water Company. Rush C. C. Oral argument struck from calendar. 37SS. Bingham vs. Marion Traction Company. Marion C. C. Advanced. ZiX Bogue vs. Murphy. Tulaskl C. C. Motion to set aside setting for oral argument postponed. Minute?. 3394. Sulzer Vogt Machine Company vs. Rushville Water Company et al. Rush C. C. Appellant's motion to strike cause from argument calendar. Motion sustained under Rule 28. 3574. Solomon Carter vs. B. F. Buller et al. Grant C. C. Appellant's brief (S.) 3591. Elizabeth Davis et al. vs. George P. Chase. White C. C. Brief of appellee Chase (7.) 3449. Oliver II. Bogue et al. vs. John W. Murphy et al. Pulaski C. C. Motion to set aside date of oral argument. Affidavit of attorney on motion. 3CS6. The Weston Paper Company vs. John W. Comstock. Shelby C. C. Appellant's dismissal of appeal. 3C2.Y Georgiana Bowen, administratrix, vs. Robert L. O'Halr. Hendricks C. C. Appellant's brief. SUPERIOR COURT. Room 1 Jo'n L. McMaster, Judge. G. C. Pratt Lumber Company vs. Arthur Pfeifer; mechanic's lien. Finding and Judgment for plaintiff against defendant for fill. 15 and costs. Emily Farmer vs. Citizens' Street-railroad Company; damages. Plaintiff dismisses. Judgment against plaintiff for costs. Room 2 James M. Leathers, Judge. Mara Helm vs. Indianapolis Street-railway Company; damages. On trial by Jury. Room 3 Vinson Carter, Judge. James Thompson vs. John C. Love; contract, On trial by couit. CIRCUIT COURT. Henry Clay Allen, Judge. State ex rel. Sarah Leyenberg vs. Andrew Wishmeier; bastardy. Finding for defendant. Defendant discharged. Judgment against relatrix for costs. Stute ex rel. Dorothy R. Falley vs. Charles Stanmeyer; bastardy. Satisfactory provision made for support of child. Cause dismissed. Costs jaid. State ex rel. May Annesser vs. Ora B. Snyder; bastardy. Dismissed by plaintiff. Judgment against relitrix for costs. Homer J. Foster vs. Alexander M. Stewart et al.; damages. Judgment on verdict against plaintiff for costs. Agnes G. Patterson et al. vs. New Hampshire Fire Insurance Company; on poilcy. Dismissed by plaintiff. Judgment against plaintiff for costs. Harriet Westfall vs. Joseph Walt et al.; to set aside will. Submitted to Jury. Evidence heard in part. CRIMINAL COURT. Fremont Alford, Judge. Frank M. Hay; assault and battery. Appeal from Police Court. Trial by jury. NEW SUITS FILED. David Johnson, administrator of the estate of William McKinney, vs. the Indianapolis Street-railway Company; damages. Demand, JROOo. Superior Court, Room 3. Madison-avenue Saving and Eoan Association No. 5 vs. Casper Hess et al.; interpleader. Circuit Court. Maria H. Ayres vs. William R. Moore; for possession of real estate. Circuit Court. Jewel S. Johnson vs. Charles W. Johnson; divorce. Superior Court. Room 2. Frank Harrell vs. Indianapolis Streetrailway Company; damages. Demand, Minnie Gittier vs. George Gittier; divorce. Superior Court, Room 3. A VotliiK Woman Mn. Atchison Globe. At i prayer meeting in Atchison a woman, locking as though her heart was crushed with grief, arose and made the following request: "I promised Mr. J. W. Orr that 1 would vote for him for mayor, and yesterday when Mr. W. F. F. Donald approaches! me, I promised 1 would vote for him. Oh. brothers and slrters. what shall 1 do? I can't break my word. Will you pray for me, and ask tha Lord t firuldo

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