Daily Tribune, Terre Haute, Vigo County, 9 July 1914 — Page 5

THURSDAY, JULY 9, 1914

BINGHAM WINS PLEA WITH NOVEL

SEASON

Has $20,000 Default Set Aside When ,T He Proves Lawyer's Deafness •r Caused Forfeiture.

Facing: possible judgment for a total of ?20,000 against one of his clients because of a default when the oases were set for trial, former Attorj.' ney General James Bingham argued before Judge Cox in the Superior

Court Thursday morning in favor of his motion to have the default set aside, advancing a novel reason in explanation of the failure of the company to appear by counsel, on the date set far trial. The client in question is the Otter Creek coal company, operating mines in Otter Creek township*, and owned by the Austins, of Chica-. go, and the defaults were obtained by Judge Charles S. Batt, on Tuesday, in favor of his clients, Thomas Archer, I who is euing for $5,000, and William

Sills, for $15,000, for personal injuries sustained in the defendant's mines. In hi3 motion to set aside the default Judge Bingham, who is counsel with G. S. Payne, of Brazil, filed an affidavit by George M. Cobb, of Indianapolis, I agent for the coal company, in which

Cobb declares that he engaged Carl Le-nz, a practicing attorney, in Indian

apolis, to represent the company In the cases, together with some others, and notified him of the dates fixed for the hearing. He further alleges that Lena is very deaf, and while he caught the dates of some of the cases for which he was engaged, he did not catch the dates of the Archer and Sills suits against Vthe. company.

Lenz Take* 8tand.

F*or this reason the company was not represented and the former attorney general argued that this was sufflji cient reason to set aside the default.

The court permitted him to introfjduce oral testimony In support of teh 1* motion, and Attorney Lenz, of Indianij apolis, was introduced to testify as to lils deafness. Judge Bingham raised jfchis voice to such a pitch in asking the deaf attorney questions that he might 4i have been heard as far away as the It river bridge, if the court house winti clows har. been raised, and the ansewers of Lenz bore out the im|j pression that he is quite deaf.

Judge Batt filed a demurrer to tha li answer, which was overruled by the 21 court, who gave him an exception.

It is said that the action by the court in the matter is purely discretionary as there is no statute govern-

lng the setting aside of a default be,fi fore Judgment has been rendered. After hearing the testimony Judge 'Cox set the default aside, but fixed no *4date for a trial of the cases.

YOUTH FINED FOE THROWING CAN HBO UGH OPEN WINDOW ik ———. a 17-Year-Old Boy, Said to Have Been !jj Drinking, Eesents Reprimand of r. Woman JNursing Sick Baby.

Four dollars and costs and thirty days in jail was the punishment meted out to George Splady, 17 years old, in ,, City Court Thursday morning when he was found guilty of throwing a can which had been used for beer through the second story window of E. J. Borden's residence at Thirteenth and J* Crawford streets. The complaint was ijiimade by Mrs. Adelade Lehan, who owns the building. vj Mrs. Borden said Splady, with two

I companions, Andy Tryon and James Malony, were just outside the house of "rushing the can." The boys were ^cursing and talking loud, and Mrs. Borden went to the window to adminish them to either lower their voices or stop swearing. Her child was lying sick on a lounge near the window, and as she leaned out to talk to the boys she accidently pushed a pitcher over of water sitting on the sill, causing some of the water to splash on the &9ys- I "It She said Splady threw, the bucket they were using, and it crashed through the window, causing a piece of glass to -gfick in her arm and scattering glass ovrr tha room.

Spiauy said Tryon threw the bucket.

4 SALEM CALLS FOR HELP.

Fire Stricken City Asks for Local Subscriptions. The Chamber of Commerce has received an appeal from Salem, Mass., asking that subscriptions be made to be added to the fund which that city & it is raising to help recover from the I fflOoffects of the disastrous fire of Thurs-

Cliniay, June 25. The letter says that the &pe<xtent of the disaster Is not yet realot t,e(j

that large sums of money will needed at once.

1 Told No Lie. She (sarcastically)—Tou were sitlng up with a sick friend, I suppose. SJ He—Yes. busf'She—Perhaps, sir, you'll be good newjnough to tell me his complaint, 'to, a He—Sure! He complained that we lacked the cards on him. He was

Dod and sick all right.—Boston Trancrlpt.

WHEN IW DOUBT

Try Th® Tribune.

Drmf« arenul

Li S'

A S E

SPECIAL SALE OF MILLINERY

Pretty untrimmed lace hats, black or white, ready for wear by the simple addition of a fancy stick-up or a few flowers, each vVV/

Real hemp dress-shapes, untrimmed hats in a large variety of styles and colors all from the present season's stock and ranging in price originally up to ten dollars each final clearance of about three hundred hats, each

35c

25c

A small lot of trimmed hats for women, formerly up to $2.50 each, special, eachOUk

About seventy-five hats, prettily trimmed, formerly up to $7.50 each special at, each

$1.49

BASEMENT SALE OF LOW PRICED LACES

Two thousand yards of linen torchon lace, one to three inches wide, regular five cent O 1 quality at only, per yard «2 1/

BASEMENT SALE OF GOOD EMBROIDERIES

Two small lots on sale Friday all day and Saturday morning: rtfT yard for your choice cf ^00 150 yards of fifty cent swiss embroidery flouncing, hemstitched edges, neat patterns 27 inch width. yard for your choice of 125 yards of swiss allover embroidery in blind and open patterns, worth 50c.

BASEMENT SALE OF LINEN DOILIES

Twenty dozen all-linen doilies, 6x6, with Cluny lace, regular 15c values at, each .... 01/

All day Friday, and on Saturday morning.

BASEMENT SALE OF NECKWEAR

Net guimpes and fichus in white or ecru, some slightly soiled from handling 50c sorts at. each

25c

EASEMENT SALE OF ROMPERS—10c

Children's rompers for summer play wear. Tan or blue neatly made.

Sizes two, four and six years. We've sold hundreds of pairs and the stock is growing small. Come tomorrow or Saturday morning.

BASEMENT SALE OF BOYS' WAISTS

50c waists at 29c each. Well made and of excellent materials. Sizes for boys from 6 to 14 years.

The lot :s not over-large.

E N

BASEMENT SALE OF GIRLS' DRESSES AT 43c EACH

Percale :nd gingham dresses for girls from six to fourteen years of age.

Six styles and a good choice of colors. Good enough for best wear but not too expensive for rough use in vacation plays.

Worth a special trip to tlie store Friday or on Saturday morning.

BASEMENT SALE OF HOUSEDRESSES

49c each for gray-and-white striped percale housedresses with round neck and three-quarter length sleeves fitted back button at side all the way down.

BASEMENT SALE OF GOOD SUMMER COBSETS AT ONLY 49c

Of summer netting, but you mustn't compare tnese with the ordinary grades commonly offered at 50 c.

These special corsets are made of double-thread netting, all steel filled and trimmed with embroid-

ery'

BE BASEMENT STORE

CAR SHOPS 10 EMPLOY FORCE Of 2,000

Being Put in Shape for Expected Rush—Prospects Eaid to Be Unusually Good.

"While we have no big contracts on hand at present, the general outlook is good and we have been making extensive repairs throughout the plant, preparing for the business which wo expect to open up within the n«xt sixty days," said R. L. Fogleman, realdent representative of the American Car & Foundry company, In aharg* of the company's plants at Terr® Haute and Indianapolis. His statement was In reply to a question &• to business conditions.

In speaking of tha repairs and Improvements made at the Terre Hatxta plant of tha company V£r.

St® iWSS

Toghamn

*J *lt

Sizes" 19 to 24 only—a small lot. 49c pair.

BASEMENT SALE OF SUMMER GLOVES

On sale all day Friday and on Saturday morning:

!.G-i:«utton length novelty silk gloves with double tipped fingers, three-rows embroidery stitching— black with white or white with bLtck—every pair perfect and real 75c values special, pair

Good quality two-clasp silk gloves with doubletipped fingers, three-row stitching, black and white or white with black—every pair perfect—real 50o values, at, pair

Two-clasp Milanese silk gloves with double-tipped fingers white or black, slight imperfections of weaving 50c values at, pair

said that for the past four or five months the company had been spending about $5,000 a month, repairing and overhauling the machinery at the plant and putting it in first-class shape so that it will be able to run at the capacity that will be necessary when business opens up. The company has also spent considerable money in the installation of safety devices.

Between 1,400 and 1,500 men have formerly been employed at the Terre Haute plant when it was running capacity, but Mr. Fogleman says that when all of the repair work has been completed he will have a plant here that would employ 2,000 men. "The safety movement," said Mr. Fogleman, "has become almost national and we are spending large sums of money alone: these lines. At every maohine where there is any possible danger to the hien employed by us, we are guarding against accidents and Injuries tiy Installing permanent steel safe gnards. Safety devices will be found at every practical place throughoot the plant."

At present the plant is building thirty logging ears

IEJKKIFI HAUTE TRIBUNE

Basement Sale of White Waists

Almost a thousand of them to be sold at the very low price of five cents each.

Plain colored or striped. Sizes from two to six years only.

iiwiiwiiiiimiiiiiiiinnminiiiiiininniiBiiniiniiiiniiiiiiniin

gf{)r

Burlington &. Qui-

BOARD

the Chicago,

ve^Railroad

pear, and Is also pUt

com

jobbing work

tor a number,.«*f._ 'roads.

THE BASEMENT STORE THE BASEMENT STORE THE BASEMENT STORE THE BASEMENT STORE

THE HERZ BASEMENT STORE.

row and on Saturday Morning This Week and Every Week During July and August

Our store will close every Saturday during July and August promptly at twelve o'clock noon. In order not to deprive the Basement Store of its One-Day-in-ths-Week-Selling, we shall open it Friday all day, and on Saturday morning.

All items advertised here will be offered for sale on Saturday morning as well as on Friday, unless the lots should be sold out in Friday's selling. The Saturday morning's fruit special will be different from that offered for Friday, and will be announced in our Friday's advertisements.

Basement opens promptly at nine o'clock tomorrow morning, will be closed for an hour at noon, re-opening at one o'clock and remaining open until six in the evening. Saturday morning the basement will be open from nine until twelve only.

A little loU—perhaps a hundred—good white lawn and voile waists with embroidery and lace trimmed front, roll collar and turn-back cuffs.

Dollar sorts that have lagged a bit—and therefore brought down from the second floor to the basement to be sold at 59c each.

All day Friday, and Saturday morning, if any are left after the first day's selling.

Children's Apron Dresses, 5c Each

Plenty good enough for these summer play-days, and a means of,saving the child's better dresses from rough wear.

Women's White Dresses at Less than Half

Only thirty-six dresses in the lot, and they ought to go in the first half-hour's selling.

White dresses of fancy embroidered voile with lace trimming and colored silk belts. Also dotted crepe and rice-crepe dresses in coat style.

$5.75 was their price a bit earlier in the season, but these thirty-six fire more or less soiled from handling. So we have brought them to the basement for quick clearance at, each

Good Lemons at 18c Doz.-Friday

Lemons again this week—but is anything more acceptable these mid-summer days? 1,050 dozen of them good sized, j)erfect fruit—selling around town at from thirty to thirtyvfive 1 Cp cents per dozen. "Basement prip.e. dozen

Owing to the limited quantity, we shall sell none to children.

Basement Sale of Good Candy-lOc Pound

Twenty sorts, and including such old-time favorites as jelly-beans, burnt peanuts, mint lozenges, jelly gum drops and a lot of novelty fruit-flavored semi-hard candies just right for hot weather. Unusually good qualities, and worth an average fully twice our price of 10c the pound.

18c

39c

beading

18c

29c

$1.00

formerl

49e

tli|n

RULES AGAINST II FEES

Decides Vigo's Tribunal Is Not Special One, Entitling Officials to Extra Compensation.

When is the Juvenile Court not a court? Or why is the Juvenile Court? These are questions County Clerk John F. Joyce and Sheriff Dennis Shea are asklns, but the answer they had Wednesday from the state board of accounts is not altogether satisfactory, That august body, by Gilbert H. Hendren, clilef examiner, decided that the Juvenile Court in Vigo county is not la special court entitling the clerk and sheriff to per diem compensation for attendance on it, if its session are held while the Circuit Court is in session. Field Examiners Cyril Connelly, of Rockville, and Ira Holland, of Brazil, who are examining the records of Vigo county public of-

BASEMENT SALE OF

VERY LOW PRICED MUSLIN UNDERWEAR

Four special lots to be on sale al! day Friday, and .turday morning: each for pretty corset-covers trimmed with lace or embroidery and ribbon threaded beading. -j pair for women's muslin drawers with clusterXOL tucks and embroidery and lace edge ruffle. each for your choice of a clearance lot of muslin petticoats prettily trimmed formerly $1.25 to $1.98 each. each for women's nainsook slip-over nightgowns, two styles, embroidery or lace trimmed.

tfiiSifc

59c

$1.98

THE BASEMENT ST0 THE BASEMENT STOKE I THE BASEMENT STOKE

BASEMENT SALE OF GOOD WINDOW SHADES AT 21c EACH

And they're the good dark green color that most everybody wants.

Yard-wide and seven feet long on good roller, with bracket and nails all complete In one package. 40c value at 21c each.

BASEMENT SALE OF EXCELLENT LACE CURTAINS, 79c PAIR

They're worth $1.50 the pair easily. And they're not only pretty in design, but woven stoutly enough to withstand a lot of tubbing.

IVz yards long, and all ready to hang, choice of two patterns. 79c pair.

On sale all day Friday, and on Saturday morning.

BASEMENT SALE OF MATTING SUIT CASES AT $1.50 EACH

Tou must not confuse these with the near-worthless cases you may have been offered in less careful stores, "or these special cases are worth fully $2.50 each. 24 inches long, full sized and extra deep made with straps all around. Only fifty in the lot.

BASEMENT SALE OF BOYS' OVERALLS AT ONLY 19c PAIR

For little boys of four, and for good big boys of twelve—and all sizes in between. But only 144 pairs in the lot.

Excellent values, 19c pair. All day Friday, and on Saturday morning, if any remain that long.

BASEMENT SALE OF 2,500 PAIRS OF HOSIERY

pair for 90C pairs of women's gcod black or tan

cotton hose slight imperfections of weaving bring the price down from 10c. pair for 300 pairs of men's tan or black socks, slightly imperfect, but worth ten cents. pair for 720 pairs of men's excellent lightweight cotton socks, black or colors—and worth at least 12 %c pair.

cotto of from

impel

8lc

BASEMENT SALE OF KIMONOS AT 10c

Shore kimonos of figured lawn with low neck and short sleeves, special at ten cents each.

We anticipate rush selling.

ficials, found that the clerk and shcr- tions between the board and the ofiff has been charging per diem for fleers of Vigo county have always been attendance on the Juvenile Court as most amicable. a separate court, as they hold the act of 1913 made it, with authority to hold its session at any time, regardless of the terms of the Circuit Court. The matter was taken up with the state board and Examiner Connelly spent Wednesday in Indianapolis in conference with the board regarding the matter. Neither examiner would discuss the matter Thursday morning, but County Cle.rk Joyce said the proceeding was an altogether friendly one, to decide whether or not the Juvenile Court is a separate court as defined by statute. "The Juvenile Court," said Mr. Joyce, "by the act of 1913 has a separate docket, which is signed by the court as judge of the Juvenile Court. There is a separats docket and a separate judge's record, and I sign all the records as clerk of the Juvenile Courr of Vigo county, and the service of the court is served by the sheriff as that of the Juvenile Court, and we have accordingly claimed a per diem for our services, according to law. The state board of accounts has ruled against us, and of course we shall comply with the rrillng, for the rela-

According to Air. Joyce, neither the sheriff or the clepk has claimed per diem for attendance on the sessions of tne probate commissioner's court.

JUDGE FINES NEGRO.

BASEMENT SALE OF SHOES FOR WOMEN AND CHILDREN

QQ the pair—women's pumps «/OC and oxfords in dull black and tan calf, patent colt, black suede and black vlci kid leathers —all sizes represented In the lot. QQ the pair—women's Com5/OC fort Juliets of soft kid with rubber hrcls. /JQ the pair—women's

growing girls'

pumps and oxfrtrds of dull or patest kid, dull calf, black satin and white canvas—al! sizes in the lot. (J»-| QP the pair—women's and growing girls' patent Mary Jane pumps black suede one strap beaded pumps and patent and black satin Colonial pumps—all sizes In the lot. QQ the pair—misses' and VOC children's two-strap and Mary Jane pumps of dull or tan calf, patent leather and white canvas sizes from 5% to 2. A-| QQthe Pair misses'

Mary Jane pumps in

patent leather or white canvas sizes 11% to 2. QQ the pair—infants' patent OuC leather one-strap pumps, sizes from 2 to 5.

BASEMENT NOTIONS

Man's Story of Rambling Fails Suit Court Official. Harry Ferguson, colored, arrested Wednesday in the west end, told a tale of rambling around which would have made Jack London turn green with envy. He said he had been in all the large cities of the United States and a few other countries of which he could not remember the names, and said the money he had on him was the remains of $100 he won in a "crap" game in Chicago. Acting Judge Perry Douglas in City Court was not inclined to encourage rambling, and the negro was fined S10 and costs.

All told, therf are more than fifteen hundred pairs bf shoes in the basement shoe-store. The space given over to shoes has been enlarged and the stock Is all out on handy tables for quick selling.

A S E

Come any time Friday, or on Saturday morning, for your share of this week's shoe ofteMngs.

BASEMENT SALE OF BOYS' UNDERWEAR

Plenty

lots:

E N

Boys' shirts "and knickerbockers. The shirts have high neck and short sleeves.

Regular 25c values at, per garment XvfV

BASEMENT SALE OF KNITTED UNDER-

-J

WEAR of these two special

each for women's swiss or jersey-ribbed undervests

with taped neck and arms—10c value. ftp I suit for women's lightMUC weight cotton union suits, low neck and sleeveless lace trimmed or ribbed knee.

GOOD HOUSE

DRESSES AT 59c EACH

Gingham housedresses, high or low neck styles sizes up to 46. Second chance at these tomorrow and Saturday morning. Maybe last chance.

'-ft

Good brass safety-pins, one dozen on card, sizes 0 Am to 3, card

Pearl buttons, good quality, 'one dozen on a card, sizes 14 to 24-ligne, dozen

Celluloid hair pins, crimped or plain, shell or amber, six

in a box, box Sanitary aprons, skirt protector, made of light fiffe weight rubber, special, each Ov

BASEMENT SALE OF ROOM RUGS m.

All room-size rugs on- sale in the basement are full 9 feet by 12 feet in size. They are all of good colors, designs and excellent quality.

mQPnew

each exceptional grade of seamless

Brussels rugs. Floral or oriental designs. each—extra quality soft, long nap Axminster rugs in floral or oriental patterns. Excellent colorings.

TRACTION CASES CONTINUED ,1

Absence of Attorney From City|»y Causes Postponement. |'?i On account of the absence of Attorney Harry S. Wallace, who is out of the city, the cases of M. L. Pedigo, street car conductor, and Jesse McCombe, assistant superintendent of the traction company, were continued. iQ^ City Court Thursday morning until July 15. Pedigo, who was the informer in a series of alleged fare frauds, perpetrated on the company |lf? and who was at first discharged with the others, showed, by buttons, uni form and badge that he had been put back to work.

As Expert

Sun-

every-

Knicker—Does Jones know thing about an auto? Bocker—Yes, except how to make the money to buy one.—New York

:A":QUART

DRUGCIST SELLS IT.