Crawfordsville Weekly Journal, Crawfordsville, Montgomery County, 8 December 1899 — Page 9

VOL. 52—NO. 49

3669

3668

3649

6693

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3

OUR STOCK OF

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V-'-''

South Washington St.

Prescription Druggist. Bast Main Street.

FMCTSll

Are indisputable, and it is a factthat we are offer' ing the greatest opportunity for Clothing buyers to save money on their nee4s in our line ever known. Being manufacturers, we are in the market all the time, and knowing full well that goods would ma' teri«lly advance in price, we purchased very large' ly before the rise now we find ourselves over' stocked, and with but a short time left in which to reduce our stock we offer the following induce' mentsi

Men's Fancy Mixed Cheviot Suits. Neat, desirable patterns, strongly sewed, In straight or round sack. Good value at $5 00 g*) OQ

Sale Price

Gray and Black Mixed Cheviot. Good color for every day wear. Sizes

35

In WasHsmsg Paint

don't scrub it and wear off the surface. Use Gold Dust Washing Powder according to directions printed on every package and you will be pleased with the results and surprised at the saving in labor.

Bend (or free booklet—"Golden Rules (or Housework."

THE N. K.

Chicago St. Louis NswYork Boston

S

to

Regular price, $6.00. Sale price •PA.OO Brown and Black Mixed Casimeres. Very neat effect. Correct style of cut. Beg- t"5 QO ular value, $.600. Saleprice «pj.70 Extra Heavy Brown Cheviot.

Velour finish, nicely trlmmed. w^li made and very sightly. Regular price, 17 00. Saleprice Very Heavy, Straight Cut, Blue Cheviot.

Correctly tailored, and cheap at 18.00. Sale price..

nF Qmtc In Plata ana fancy worsteds, in strtpes OXyies OX IViexl S ouus.

and

new designs. Marked to sell at $10 00. Sale price.

Styles of Fine Casimere and Worsted Suits IQ both stripes and plain weaves. Some with double breasted vests. Single and double breasted coat. Elegantly trimmed and made by ua'for high class trade. Regular price, $15.00 a suit and a £lf 7C bargain at that. £.Sale price «pll.

Overcoats.

Undoubtedly the largest line of high grade Overcoats ever shown in this city Is included in this matchless sale of wearing apparel. Each and every Overcoat on our tables is our own make, which is a positive guarantee of satisfaction^ the purchaser.

This sale begins at once, and It is your one great opportunity to secure firstclass wearing apparel at a considerable discount from our regular prices. The early purchaser will have the advantage of choice selections. We will continue to sell at the abovelprlcea until we have realized a certain sum and reduced our top-heavy stock to a certain amount. Yours for business.

Si

till

FAIRBANK COMPANY

A Left.

OME of you failed to take advantage of my "Buggy Clearance Sale" last Saturday. I have a few left and will make very low '. prices to clean up. I make It a rule to carry over no old stock, and thus be able to show all fresh new goods In the spring, Don't miss this opportunity, for all goods are advancing and you can save at least 26 cents over next spring's prices.

Robes and Horse Blankets

Is second to none in the county. See our 88c Blanket.

42. OQ

$5.97

small ohecfcs fancy chsvlots in

Styles of South Bend Woolen Mills Goods In staple patterns- Every fibre guaranteed to be wool. Extra OO heavy weight and a bargain at $12.00. Sale price «P* «00 yy Styles of the Very Latest Up'to'Date Striped 'Worsted Suits JL Jm 1° slnglR or double breasted coats. Built for wear, and post- d»Q fC tively cheap atS12. Sale price «P '.0

$7.88

American,

Manufacturing Clothiers.

Corner Main and Green Sts., Crawfordsville, Ind.

WastdnsfPowden

v^'\

JOE E. FISHER

Remember/Fisher's Buggies are Good Baggies, Fisher's Harness are Good Harness,

FAULTLESS REMEDIES'

FAULTLESS LAXATIVE COLD CURE—The best remedy for colds and lik grippe. Better than quinine and does not have the bad effects of quinine. Contains no opiate, will not affect the heart, acts as a gentle laxative, relieves neuralgic and rheumatic pains and muscular aorenes^ cures a cold In a day. 10c and 26c boxes. The 26c size guaranteed.

FAULTLESS WHITE! P1NB BALSAM—The best cough syrup for all diseases of the throat and lunen contains balsam, white pine, honey hoartfound and syrup of tar. tt also contains other Ingrledlents combined In such a manner as to produce the best remedy when an expectorant is needed relieves quickly hacking ond irritant coughs, and that distressing night cougb pleasant to take. Large 25c bottles at druggists' and medicine dealers'.

Hold in Crawfordsville by J. H. Whltenack Ladoga, T. 3. Foster^ New Richmond, J. W, Holland & Co. Waveland, McNutt & Ball: Alamo, White & Runyan: Linden, A. T. L&yton & Son Shannondale,Shannon &jMcOalllster Mace. Armstrong Bros New Market, H.D.Servles

v... ?-:V V.:: j^-:V S-'••U'''.

Orawfordsvillo, Ind

J. H. WHITENACK

FOR THE PLAINTIFF.

The Jury in ttie Cox vs. McCain Slander Snit Tempers Justice Wltli Mercy.

The slander suit of Miss Emily Cox vs. John McCain went to the jury about 5 o'clock on Saturday evening and shortly before 11 a verdict waB reached. Not twenty persons were present when the verdict waB read, as follows: "We, the jury.find for the plaintiff as against the defendant, .John McCain, and assess her damages at $375.

HBNBY LONG, Foreman."

Judge West thanked the jury for its services in the case and th&n announced that he had ordered an oyster supper served them in a nearby eating house. To this the tired jurors quickly repaired. Said one of them to a representative of THE JOURNAL:

We think the verdict we returned is a complete vindication of the character of Miss Oox, and at the same time will teaca McCain a lesson which he evidently needs, without ruining him. He was one of a number of idle gOBsipers about Darlington, and could we have had them to deal with in a bunch the plaintiff would have received more substantial damages. As it was we figured that this trouble will not cost McCain less than $1,500, besides his worry and humiliation. We did not think Miss Cox woald have been vindicated any more if we had given her $10,000. Some of the jurors were keen to pop heavy damages, so four of us—X was one of the four— voted for the defendant on the first ballot, just as a feeler calculated to cool them a little. We soon came around and then voted for low damages. Five jurors held out for a long time for damages in the sum of $3,000, but seven of us for $100 right along. Finally we talked the matter over and agreed on the amount given. There was not a man on the jury but believed Miss Cox to be a most virtuouB woman and the victim of the moBt malicious and unwarranted gossip. We had some sympathy for the defendant, however, partly from the fact that he waB no more guilty than a score of others, and partly from the fact that he is an old man, who, to some extent at least, has reached the age of garrulity and irresponsibility. This trial ought to shtit up some of tboBe Darlington scandal mongers pretty effectually. The evidence showed that the town has more than her share of them and they are of the worst stripe."

The five men who voted for $3,000 damages were Messrs. Blackford, Henry Long, Harding, Brown, and Grenard. On the first ballot on damages two men voted for one cent, two for one dollar, and one for three thousand dollars. The others ranged between one hundred and two thousand. Finally the balloting resolved itself into seven men voting for $100 and five voting for $3,000. The verdict reached was a compromise. Both sides are fairly well satified. The plaintiff was suing for character rather than money and the verdJct was a complete vindication. The defendant is probably grateful that it was no worse. He will not appeal, as a new trial, even should the jury find damages for only one cent, would cost him Beveral hundred dollars more than to settle on the present basis. Then, too, a second jury might conclude that he waB a contrary old chap and soak it to him good and hard.

It was one of the very few slander suits ever successful in the county and was one of the very few ever warranted.

After the Thanksgiving day recess the taking of evidence was continued on Friday morning as follows:

Ira Cox is the brother of plaintiff and iB 59 years old. Is married and has always lived at home -with father and sister. Emily viBited Iowa in May, 1883. Witness saw har every day before she left and

Bhe

OroBS—Witness knows Emily was sick in Iowa merely by hereBay. Remembers, the date of Coltraln's visit by

CRAWFORDSVILLE, INDIANA, FRIDAY, DECEMBER 8, 1899-TWELYE PAGES. PART SECOND

the fact that it was corn (gathering time Coltrain called to see Emily. Emily went to Iowa to see the farm. Witness' father had never been to Iowa but once before and he then went by himself. The Iowa trip is the only one Emily ever made with her father. WitnesB is sure there was no general rumor regarding Emily, because he never heard it. Never heard of Coltrain being bounced from the church. When witness goes to Darlington he is too busy to hunt up people to talk to unless he has business. Doesn't talk for the sake of talking and is usually in a hurry. In 1883 Nelson Cunningham took Emily buggy riding several timeB. She never went riding with anyone else.

Mrs. Martha Griffith, M. D., lived a Darlington 11 years ago and has kept up an active acquaintance there ever since. Never heard of the rumor regarding Miss Cox before last spring.

Cross.—Was family physician of the Cox's when injjDarlington. If witness had beard the rumor regarding Miss Cox, would have said her reputation was bad.

Albert Cox.—Was married in 1675, farmed until 1881, and has been a marchant for eight years. Saw Emily the day before she left for Iowa and she gave no evidence of pregnancy. Never heard of the rumor before last spring.

Cross.—Witness counts himself one of the largest merchants in Darlington. First heard of the rumor about the middle of April. Firet saw it in a newspaper. Saw the paper before talking with Cooper. Paper mentioned no names or localities, but Nelson Cunningham told witness what it meant and said the thing had been talked for years. [Juror Talbot here interrogated the witness as to

hiB

shunB

presented no evi­

dence of pregnancy before leaving. She was feeble on her return but able to work some. She resumed her milk business that fall and has continued it ever since. Witness knew AddiBon Coltrain, meeting him first in November, '81, when he called at Cox home. He came in December and also in the February following, spending two or three hours on each occasion with the family in the sitting room. Emily never wore a mother hubbard dress and in 1883 she visited over the county ae usual. Last March a young man named Meeker viBited Oox home for about an hour. He was from 30 to 35 years old and wished to buy a farm. Witness is well acquainted in Darlington but never, before last spring, heard the rumor affecting Emily's character.

trips to Iowa,

witness stating that both he and his brother had viBited Iowa before Emily did.]

Nelson Cunningham has lived in Darlington nearly all hiB life and has known Emily Cox for forty years. Was with her in August, 1883 to quarterly meeting and with her several timeB later. She gave no evidence on these occasions of pregnancy. Has lived in Darlington most of the time during the last twenty years, but is not especially up on the gossip of the town Btanding rather aloof. Never heard a word against Emily prior to last February.

Croes-r-Seard the story in the kitchen of the Darlington hotel in February. Knows it waB in '83 he went with Emily because he had bought a brand new buggy, all spick and span. Witness

gossip and pays no atten­

tion to it. Mrs. Hunt first told witness of the story. "She kept hintin' around about it for two or three weeks before she told it." [This witness get exceptionally gay while on the stand and was bumped rather hard. In conclusion Mr. Johnston asked the following question: "Don't you remember a conversation with George Kashner in which you asked him if he had heard that Emily's and your boy bad come home?'' The witness looked very weary and failed to remember.]

FRIDAY AFTERNOON.

Mrs.. Rachel Peacock has known plaintiff all her life and has lived within a mile of her all the time. Saw Emily Cox at D. J. Moffett's funeral and a number of times previous. She gave no evidence of pregnancy. No cross examixiatioi?.'

Frank S. Quigg has lived near Garfield for seventeen years. Was married in 1883 and Emily Cox was present, giving no evidence of pregnacy. Her reputation for chastity was good prior to last spring.

Cross—Bases his opinion on plaintiff's reputation for chastity on the fact of never having heard anything to the contrary.

Mrs. Sarah A. Marshall, of Darlington, knows Emily Oox, who has carried milk to her for 10 years. Saw her the day before she left for Iowa and soon after her return... Emily always came into the house and talked. Emily gave no evidence of pregnancy before going to Iowa, nor at any other time during witness acquaintance with her. WitnesB has lived in Darlington for 35 years and is well acquainted there as a dressmaker. Makes Miss Oox's clotheB and is aure Emily never had a mother hubbard. Never heard a rumor concerning Miss Cox's chastity until April.

Cross—Made all Miss Emily's better dresses, but, perhapB, a mother hubbard would not be of this kind. Have never been frequently at the Oox home.

r~?i

F. H. Marshall is husband of last witness and is well acquainted in Darlington. Prior to last April Emily Oox's reputation for chastity was good. Never beard the rumor concerning her.

Cross—Witness has been a traveling

Dar-

man for ten years and when in lington remains closely at home. CyruB Cunningham, of Darlington, has known plaintiff for 20 years and prior to last April her reputation for chastity was good. Never heard of the rumor.

Cross —Knows there was no rumor, because he never heard it. Witness hears nearly uvarything that goes on in Darlington. A rumor isn't general if witness doesn't hear it. Witness' son Paul, first told him of it, but said very virtuously that he had paid no attention to it as he knew it to be a lie. Is a half brother of Nelson Cunningham

Re-direct.—Saw Emily the day before she left for Iowa and she gave no evidence of pregnancy, nor during the summer of 1883.

Mrs. Cyrus Cunningham testified that Emily had carried milk to her for twenty years and when asked if Miss Cox was ever pregnant declared emphatically that she was not. Never heard the rumor.

Cross—Witness' sister told her this last summer that she had heard the rumor years ago.

Mrs. Caroline Faust, a petite lady aged 02 years, was born in Darlington and has known Emily all her life Prior to last April Emily's reputation for chastity was good. Never heard the rumor previous to last spring.

Cross—Just heard the report in May and did not hear of all the uproar over the matter in Darlington during April.

Capt. E. P. McClafckey has lived near Darlington most of his life and

knowB

Emily Cox. Is well acquainted in Darlington but was not acquainted with plaintiff's reputation there, but it was good in witness' neighborhood.

Aniel Cunningham is the village drayman of Darlington, and knows every man, woman, child, and chicken in town. Prior to last April MISB Oox's reputation for chastity was good. Never heard the rumor.

Cross—Circulates about town because he runs a dray. Witness' town pride swelled out when he claimed a population of 800 for Darlington. He claimed it and never batted an eye If there had been a rumor concerning MisB Cox prior to April witness would have heard it.

Mrs. Aniel Cunningham knows plaintiff and previous to

laBt

April her

reputation for chastity wab good Never heard rumor previously. Cross—Has not so extensive an acquaintance in Darlington as her hus band.* V,*

Joseph Corns, Dr. Dunnington, Roe Miller, Mrs Anna LaPage, ThomaB Campbell, Charles E. Faust. Dr. T. Griffith, Frank N. Goble, Jas. A. Pet erson, W. C. Raper, Wm. B. Lynch Joseph 0. Kashner, Mrs. Calista Nay lor, L. W. Little, John N. Clouser, S S. Martin, Daniel Lewis, and Elvira Cox testified that they knew Emily Cox, and that prior to laBt April her reputation for chastity waB good They had never previously heard the rumor reflecting upon her character Tom Campbell proved a star witness He has a barber shop, a telephone ex change and the natural gas office, and prideB himself on knowing all the gos sip afloat in Franklin township. "If the rumor had been general it would sure have caught me," said Tom, and the whole house roared.

Mr. Kashner stated that he had testified against McOain in a previoua law suit, but had nothing against him.

Daniel Lewis was put through a rigorous cross examination and testified that he had been very active in looking up evidence for the prosecution and hustling along the cause of the plaintiff. He subpemed a number of witnesses, but stated that all those whom he consulted appeared in court and testified. He is the partner of plaintiff's brother, and testified that he was interested in their cause. He denied having instigated the law suit.

Mrs. Elvira Cox stated that she spent a day with Emily

juBt

TRADE-MARK.

before she

left for Iowa, and Emily waB not then pregnant. On cross examination this witness denied having heard a rumor

•WW

derogatory to Emily before last spring, but wuen closely questioned admitted that she had heard some years ago that Emily had been indiscreet with

Coltrain, "or something like that." Oordelia Welty went riding with plaintiff in 1883, and she then gave no evidence of pregnancy.

With the conclusion of Mrs. Welty'e testimony the plaintiff rested and the attorneys of the defonBe retired fof consultation. In a few minutes they returned and announoed that they had no further evidence.

FOLLOWED OR. CLELAND.

The Font of Ripley Township Takes Ad- ,, 4 vantage of Opportune Words to Fnali His Publication.

WALTER BAKER & CO.*S

Breakfast Cocoa

There was a beautiful little scene at the afternoon Bession of the county teachers' association las} Friday. Dr. John E. Oleland, of Indianapolis, delivered an excellent address on "Books and Reading," setting forth in polished terms his ideas of the excellent in literature, supplementing these ideas by some excellent advice as to the kind of literature to shun. Dr. Oleland held that there was so much good to read that it waB actually wrong to read anything not good. hen he closed, as though an echo to his words of wisdom, James Elmore,Ml the poet of Ripley, spoke offering hia new book, "Love Among the Mistle-l^i toe," for sale. He took advantage of Dr. Cleland'e words to turn account and in less than had disposed of quite a number ofs-§| good book?, Mr. Elmore spoke feel" ingly of the work and labor of the author, and no one who heard him but was impressed. Everybody in Craw-Vl fordsville almost has been perusing the book since, and all pronounce it a good thing—interest never flags. To illustrate Mr. Elmore's fetching styla .. in prose we quote the following little incident from "Love Among the Mistletoe," descriptive of the meeting of the hero and heroine: "In one of his rambles he spies a neat, beautiful form standing on the bank of the stream and looking at him. He looks again and is bewildered with the brightness of her face. He had never look^i upon such a one before. A feeling of love came over him she' tossed at him a red rose that he could not resist. His large blue eyes peered into hers, which were a beautiful brown, and there was such a charm in them that he waded across the stream to greet her, and, climbing up the little hillock, he bowed and introduced himself as Mr. John Arno, of Kingston. She also bowed with courtesy and said: 'Mis? Violet Payne,of Queenstown,' and her voice closed with a musical Scottish accent which he never forgot—that voice he could hear at all times It was to him like that of the sweet sirens of the lonely isles. The happy meeting waB like that which befallB some awful catastrophe. For a moment all was silent while each looked upon the other. Then he said: "Let's take a ramble and cull some pretty flowers."'

them to *,

no time lie,

The Wheat Crop.

The national weather bureau has Issued the following: "Under the very mild temperature conditions which have prevailed throughout the month of November, winter wheat has rooted well and at the close of the month was in excellent condition to withstand the winter. There are, however, considerable complaints of damage by the Hessian fly, while in portions of Ohio and Michigan the crop has suffered from lack of moisture. Rank growth

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quite generally reported and in Illinois, Kansas and Oklahoma is being pastured to a considerable extent. The reports generally indicate Increased acreage."

Election Notice*

Notice is hereby given to the shareholders of the First National bank of Crawfordsville, Indiana, that a meeting will be held at the above named bank on Tuesday, January 0, 1900, at 2 o'clock p. m., for the purpose of-elect-ing five directors to serve during the ensuing year. J. E. EVA^IS,

Costs less than One Cent a cup.

Be sure that the Package bears our Trade-Mark.

A Met Food. Pure, Nutrition. Delicious.

WALTER BAKER & CO.

Established 1780

DORCHES

Cashier.

IAIAiAIAI