Decatur Daily Democrat, Volume 8, Number 289, Decatur, Adams County, 8 December 1910 — Page 2

■ I 111 ■—*■■■"■ LATE DECISIONS Some Interesting Opinions in Law Suits Given Late Reports. THE HOUSE MOVER And His Liability—A Dog and Cat Case—Jeffries Couldn’t Come Back. Where a house mover drives a stake into the ground, whereby telephone wires in conduit are damaged, such act is an unlawful trespass for which the mover is liable, irrespective of negligence. according to the case of the Frontier Telephone Co. vs. Hepp. 121 New York Supplement, 460. It a t >-1 that detcDu&ni house mover, was ignorant that any conduits had » been laid in the street, and the plain- j tiff telephone company knew defend-1 ant was moving the house along the ' street, but did not notify him of the. location of the conduits. The su-, preme court holds that it was the ■ duty of defendant to wholly inform ■ himself as to what lay below the I street surface, and that if he failed to do so he drove his stake at his peril. An action was brought in 123 New York Supplement, 724, entitled Buchanan vs. Stout, for damages for killing a cat. The cat was killed in the doorway of the vestibule of plaintiff s house by the dogs of defendant. De-1 fendant admitted that he had taken the dogs into the street with him. and when he discovered that they had not followed him home he went back and found them worrying the cat. He did all that a human being could do under the circumstances to save poor pussy, but the undisputed evidence that he took his dogs into the street unmuzzled, unleashed, and unled. in violation of a city ordinance, made him liable, in damages for the killing of the unprotected and helpless cat. , » James J. Jeffries, the white man s former pride, again failed to "come back” when he attempted to land a solar plexus blow to a publishing house for $23,000. In Jeffries vs. NewYork Pub. Co., 124 New York Supplement, 780. he alleges that he has written an autobiography which "by reason of plaintiff's career is of interest to the public," and “of great financial value to the plaintiff" and "of immense value" to the newspaper publishing it, and asks for an injunction against defendant for publishing a “socalled biography” of him, and $25,-000 damages. Section 51 of the Civil Rights Law is relied upon. It prohibits the use any person's name, picture. or portrait without his consent ■ “for advertising purposes or for the; purpose of trade. It was held that; a person's picture is not used for "advertising purposes” unless it is made a part of an advertisement, nor for ■ purposes of trade" when merely used for the dissemination of information, i

if positive cue " ,ir J :. - 9 HERE IS YOUR CHANG:! l»Kt 111 "I K Our prices are so low that they make the others look like they ? j are up in a baloon. € Our Five Thousand Dollar stock of Fine p—» China and fixtures, consisting of Hand-painted China, Cut-glass I J X Queensware, Haviland China, Dinnerware—also—Cash register Y O show cases, safe, counters, shelving and hundreds of other ar- (j Y tides 100 numerous to mention. X 1 Stock Must Be Sold Regardless of Cost A 0 ALL TEN CENT ARTICLES ONLY FIVE CENTS 0 na This great sacrifice sale must close Feb. 1,1911, as I have leased i the room for another business. So come early while the stock y ; J W is fresh and save 50c on the Dollar on all of your Christmas rm presents. s ; j Moser’s Chino Store » Qnp Door South Moser’s Studio. Decatur, Ind. /7

and not for cdtnmerce or traffic. The motion was denied, and “Jeff" took, the count. - — — MR. KELLEHER THANKS PEOPLE. We have juat completed the paving of Adams street and Mercer avenue, in tile city of Decatur, and we have done our best to give you a good Job. We wish to thank the people of Decatur and all the officials for the courteous treatment we have received and the manner in which we have been treated generally. W will always feel kindly toward the city and her people. ‘ J. J. KELLEHER & CO. j I ■■■■ ■ *■ ■■ ■ ■ DENNY PROSPERING Former Portland Man and Well Known Here is Accumulating Fortune. — ONE LARGE DEAL i Just Closed Whereby Hoyt Nets the Very Neat Little Sum of $12,500. L. Hoyt Denney, a former Portland boy, who moved to Whittier, Califori nia. a half doen years ago, is prospering in his new home in the Golden Gate state. As evidence of this fact, a Portland resident received a copy of the Whittier News, of November 26th, which tells of Hoyt's good fortune in a recent deal in which he sold an eight-acre, two-year-old lemon grove for $16,500, netting him $12,509 in three years. The News says: “L. Hoyt Denney recently sold to Rev. T. H. Woodward his eight-acre lemon grove in the northeastern, part of town for $16,500. “Fortune not only smiles on Mr. Denney, but laughs outright, for i’ was less than three years ago that. Mr. Denney bought the property for. $4,000, and at the price sold it has ■' netted him over 400 per cent on the ' original investment. “After purchasing the place three* years ago Mr. Denney planted it to. lemons. The orchard is now less than two years old: aside from this there were no further improvements. “Rev. Mr. Woodward, the purchaser, is a Whittier man, having lived here for many years and knows the intrinsic value of the land. “The deal would indicate the faith in resident buyers in the future growth and continued prosperity of the Foothill city.” Mrs. Denney was formerly Miss Eva Chamberlain, well known in Decatur, being a niece of Mrs. Robert Blackburn. 1 | Little things may seem little ■ things but they assume awful proporI tions sometimes when out of their, natural place. That is what Marion Sprague thought when a little mote lodged in his eye, and he is going about now with a bandage over that member.

HORSE SALE CO. Preparing to Open the Season of 1911 on the Fifth of January. DO BIG BUSINESS Sales For Year Total ThreeQuarters of a Million— Great Concern. The Decatur Horse Sale company is getting ready for the opening of their i sale season which opens at their barns i on First street on Tnursuay, January ' sth. They hope to make this the biggest year in their history. Would it ! surprise you to know that the sales of this company lor tne last year total more than three-quarlers of a million dollars, that to do this business, they must first invest the money, then sell, making a double transaction which figured as other businesses are figured, means a total of a million j ! and a half dollars? It is the largest ; j business, perhaps, :n Decatur, and is i done within five months, bringing to I 1 our city hundreds of strangers. The sales this year and the amounts as taken from the banking books of the company are as follows: .Uanytary 7$ 63,579.94 January 21 45,488.80 February 4 53,514.65 February 18 33,728.26 March 4 44,195/ 7 March 18 59.849.87 April 1- 53,179.10. April 15 52,965.90 j April 29 53,945.90 May 13 43.602.4 S | May 27 42.187.04 June 10 42,171.12 , June 24 57,8;>8.50 | $638,066.93 ( Private sates $118,194.68 j Total $756,261.61 j These figures were taken from the banking books of the company and are given that our readers may know the enormous business this company does. This means that they handle each month an average of $300,000. o Frank Kern of Fort Wayne was in the city yesterday looking after some business pertaining to the Metropoli-' tan Insurance company. | Today was a holy day for the StMary's church and many people from the country were on the streets as a result. The day celebrated was the Feast of the Immaculate Conception of the Blessed Virgin Mary, and one of the most celebrated feasts of the church. The papering and painting of the interior of the United Brethren church, recently begun, is finished and the carpet, on which they were waiting is now here. It is expected that this will be laid and everything gotten in readiness by the Sunday service. These interior improvements will add very much to the beauty and comfort of this house or worship.

PUBLIC SALE. As I am going to move to Michigan 1 1 will sell at public sale at my residence, one mile north and one and one-half mile east of Monroe, and five miles south of Decatur. Indiana, known as the Archey farm, beginning jat 10 o’clock a. m.. Wednesday. De- ' cember 14, 1910. horses, cattle, hogs, i etc. Horses—One hay mare 12 years j I old in foal, weighs 1600; bay mare 7 I I years old in foal, weighs 1300; - 1 I black horse colts 2 years old; good I ones. Cattle —One cow 7 years old.. I will be fresh in January; cow 5 years ; old, will be fresh in February, and 1 < heifer, 2 years old. will be fresh in , I June. Hogs—Three brood sows with i pigs by their side, 16 shoats weighing | ! 80 to 150 pounds each; 2 good ewes 1 and 5 dozen chickens. Farm Implements —One Deering binder, tung trucks, 7-foot cut, good as new; hay loader, disc harrow. Monarch cultivator, breaking plow, mud boat, set of double harness. Corn in crib and 100 shocks of corn fodder. Terms—All sums of ss.fw and under. cash in hand; over $5.00 a credit of 9 months will be given, the pur- ' chaser giving bankable note therefor ' with approved freehold security to the satisfaction of the undersigned. No property removed until settled for. j GREEN BOYD. i J. N. Burkhead, Auct. - ————— PUBLTU sale. ‘ The undersigned “rill offer for sale 'at his resides-:e one mile east and one-half mile south of Monroe and six miles south of Decatur, on what is known at the Mud pike road, beginning at 10 o’clock a. m., Tuesday, De-, cember 13, 1910, the following proper- ' ty: Horses —Two brood mares, bred i to Percheron and Belgian stallions | and one good gelding, five years eld. ' One cow. a good Devonshire milker, i four years old;«hlso 3 dozen chicken.- • Implements—Deering binder, John ' Deere walking cultivator, 2 Shunk breaking plows, single shovel and 1 double shove! plow. 60-tooth iron frame harrow spring tooth harrow, 1 New Bremen breaking plow, Troy wagon, 2-seated carriage, hay ladders, ■ pair bob sleds, 50 bushels Big Pour 1 seed oats, 25 bushels seed barley, 150 ■ bushels corn in crib. 125 shocks corn in field, 125 shocks fodder in field, 10 tons of clover hay in mow. set of double harness. Buckeye walking cultivator. Cook stove, used but a short time household goods. Keller incubator and many other articles not herein mentioned. Terms—All sums of $5.00 and under, cash in hand; over $5.00 a credit of 9 months will be given, the purchaser giving bankable note therefor with approved freehold security to the satisfaction of the undersigned. No property removed until settled for. Four per cent off for cash on sums ever $5.00. FRANK M. GILPEN. J. N. Burkhead, Auct. C. H. Lammiman. Clerk. - ■■ SAVED AN IOWA MAN’S LIFE. The very grave seemed to yawn before Robert Madsen, of West Burlington, lowa. when, after seven weks in tie hospital, four of the best physicians gave him up. Then was shown the marvelous curative power of months of frightful suffering from liver trouble and yellow jaundice, getting no help from other remedies or doctors, five bottels of this matchless medicine completely cured him. It’s positively guaranteed for Stomach, Liver and Kidney troubles and never disappoints. Only 50 cents at all druggists. NOT SORRY FOR BLUNDER. “If my friends hadn't blundered in thinking I was doomed victim of consumption, I might not be alive now,” writes D. T. Sanders, of Harrodsburg, I Ky., “but for years they saw every at- ' tempt to cure a lung-racking cough fail At last I tried Dr. King's New Discovery. The effect was wonderful. It soon stopped the cough and I am now in better health than I have had for years This wonderful life-saver is an unrivaled remedy for caughs, colds, lagrippe, asthma, croup, hemorrhages, whooping cough or weak lungs. 50c and sl. Trial bottle free. Guaranteed by all druggists. NOTICE. The Christian church of Decatur, Indiana, will hold an election of officers at the church building on Wednesday evening, December 28, 1910. One elder, one trustee, four deacons, and a secretary and treasurer are to be elected. A good attendance of members is desired. Signed, JACOB, EADY, G. T. BURK. Elders. E. H. SHOEMAKER, Sec’y. tues-wed-thurs till Dec. 28 —— o MORE THAN TRHEE DECADES Foley’s Honey and Tar has been a household favorite for coughs, colds and ailments of the throat, chest and lungs Contains no opiates. The Holthouse Drug Co.

— -j q p—i - ..at „ , . jl . - ■ pi 1 Take a Good Look l At Our Xmas Window j 7 si ' * lav<! tr ' e *i to P' casG y° u j n ? ur se ' ect ''",Vu!nr Hne U telf"us n this ><) dewP I *ll for Christmas, and those who have inspected our line te.l us tills depart-g ment is complete. Our window includes Gloves Fancy Pieces, Handkerchiefs, Belts, il> Jewel Boxes, Hair Ornaments, | ~ Glove Boxes, Broaches, • I / Hand Bags, Hat Pins. L Powder Boxes, Combs and Brushes, ■j? Military Brushes. Toilet Sets for Suit Cases «, And dosens of other articles, just the thing for gifts -i = TRUE AND RUNYON. J □! iLZZXZia

' ——’ —— FARMERS ATTENTION! The Bowers-Niblick Grain Co. at Decatur are now ready to buy «ew com and want all they can get, but remember, Mr. Farmer, that we have no place we can sell musty, moldy, soft or rotten com and for that reason can’t buy that kind of corn, and expect to get rid of it. Should any one know of any firm wanting that grade of com, please let us know. We will furnish him all he wants to hit heart's content. What we want is a fair grade of merchantable corn, for which fe expect to pay full market price and anxious to get it.. Bring it along any i time, or call us up by 'phone and we ' will gladly talk to you. Hoping to hear from you often we gladly remain. Yours truly, BOWERS-NIBLICK GRAIN CO. INFLAMMATORY RHEUMATISM IMMEDIATELY RELIEVED i Morton L. Hill of Lebanon. Ind., says: “My wife had inflammatory rheumatism in every muscle and joint, her suffering was terrible and her body and face were swollen almost beyond recognition; had been in bed six weeks and had eight physicians, but received no benefit until she tried Dr. Detchon's Relief For Rheumatism. ' It gave immediater relief and she was ' able to walk about in three days. I 1 am sure it saved her life. Sold by the Holthouse Drug Co. wed&sat-3mo. 1 o r Democrat Want Ads Pay. Are you one of the thon-ands who st2] rarer because you haven't heard of Hoover's 1 X-Ray Healing Oil? Listen to this: Mrs. J. S. McEutaffer, Nappanee, Ind., save ’I suffered for several years with rheumausm and could find nothing that would give more than temporary relief. 1 heard of X-Ray and used two bottles of i Haven't been troubled with rheumatism since. 1 And this: Mrs. Sarah J. Ball, wife of a prosperous , Weils county, Ind., farmer says: *X-Ray was certainly a Godsend to tne. 1 used it for rheumatism and cramps in my limbs. It gave immediate relief.* Remember The Name LACHOT & RICE.

n^oc-x~ir~^"—ir— —nr —• —inr~ir ——-ir—-r-—;rxx>-a I GREATEST VALUE SAVING SALE J Os Ladies Hats the Latest Fall and Winter Styles L OFFERED IN ADAMS 00. | SAVE TWENTY CENTS ON THE DOLLAR [ S« IJ A chance if you need a Hat or Trimmings. C J | MRS. M. BURDG

FARIY llpAreßS D 0 YOUR Christmas Buying Now Don’t wait until the best of everything is selected. We have equipped our store to meet the needs of the gift buyers and you’ll find here articles of charm and distinction, selected with special reference to their suitability as gifts. You Select and We Will Hold Any Article for You Until Christmas. YOU DON’T HAVE TO MAKE ANY DEPOSIT Everything Engraved Free COME IN TOMORROW and make your selection. We will be glad to help you, allowing you the choice of the stock. What article is there more pleasing more lasting for the rememberence of the giver than a nice selected piece of jewelery from ; our store? HENSLEY, The Jeweler. o**lll*lll ♦ ♦ ♦ ♦ *****»♦♦«*** J- D. HALE ; I SEEDS, COAL AND FEED t ♦ Portland Cement, Gypsum Rock Wall t Plaster, Lime and Salt ;; We make a specialty of furnishing Seed Goods good ; : in quality and low in price. 1 1: Call, Write or Phone No. 8. 201 S. 2nd. St. : ♦ ♦ ♦»♦♦♦!* H ***!*******< ♦♦ *| 11111 **♦* DO NOT READ THIS Plenty of mon-1 - ; — ey. Very Low Rates. No Extras. Life, sick, accident and fire insur“e*- Ce u !ebr a te d “Richmond Suction Cleaner” to let and to sell. Infwt*st stoves, ranges and furnaces at a great bargain, on a month s trial W. J. MYERS, 233 N. sth st Thone 265

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