Daily Wabash Express, Terre Haute, Vigo County, 14 January 1882 — Page 3

J.

Bear in mind that we are retiring from the Ready-madek

trade, and are fairly giving Cloth ing away.

aAusemehts.

PER A. HOUSE.

O MONDAY AND TUESDAY, January 16th and 17th

SIXTH SEASON

JAY RIAL'S

Host popular yeriion of the most realistic play of the ago,

THE TWO ORPHANS,

Mr. Rial presents this favorite drama this seaton, in a manner never before equalled. This company's triumphant career in past seasons, -with the universal endorsement of press and public, attests its importance.

Confident in its welcome, this company win mainly n'peat its Ibrmer engagements, and take very little new territory.

35 etxid BOo.

NO HIGHER! NO EXTRA!

PERA HOUSE.

GRAND «AL4 NIGHT.

Wednesday, January 18th

SPECIAL MATINEE AT 2 P.M. Bale of Seats will begin Monday, Jannary 16th, at 9 o'clock at Oena tral Book Store.

Positive Engagement of the Renowned

Emma Abbott

Grand Opera Co. "Largest, Strongest and Most Expensive and Successful

English Opera Company in the United States." Complete and perfect In every detail, Artists, Choruses, and Grand Orchestra, forming an ensemble which for magnitude and merit has never been equaled on the English Lyric Stage. Distinguished Artists Engaged.

Emma Abbott, Valentine Fabrinl, Julie Rosewald, Geo. A. Conly, Louise Annandale, AIODXO Stoddard. Pauline Maurel, George Olmi, Armetta Zelna, G. Appleby, Marie Hlndle, William Castle.

Wednesday matinee at 2 p. m. will be presented Audran's Comic Opera,

OLIVETTE

Wednesday Everting at 8 o'clock,

Donliatti's Grand Tragic Opera.

O I

BRIDE OF LAMMEKMOOB.

FULL CHORUS I GRAND ORCHESTRA 1

New and Elegant Costumes, Splendid Stage Accessories, Perfect in Every Detail

EVENING PRICES. ..

Admission $1.00, 75c and 50c Reserved seats, lower floor 81 25 family circle...... 1 00

MATINEE PRICE3.

Admission -. —.75 and 50c Reserved seats a 81 00 Children under 10 years, lower floor B0 family circle 25

We Have Cut

Cloaks

Down in price about one-half—some even more than that.

A GOOD CLOAK

AS LOW AS

A DOLLAR.

A GOOD DOLMAN

AT—

ONE DOLLAR.

A lot of fine Cloaks and Dolmans which were $ 12, $15 and $20, now $6, $8, and $9.75.

We are making very low prices on all classes of goods to close them out before we take stock, February I st.

FOSTER BROS.

a. week in your own town. Terms and

$66 IS outfiT W Address H. HallettA Co., Portland, Maine.

ana a WEEK. 112 a day at home easily made #1 Costly outfit tree. Address live ACoAugusta, Maine.

Clothing

JAILY

f-siyJ

sst»:

EXPKESS.

TEERE HAUTE SATURDAY, JAN 14,1882

XnaiCJttlOBS.

WASHINGTON, January IS.—For the Ten' nessee and Ohio Valleys: Bain,followed by colder and partly cloudy weather winds shilling to noith and west, and rising barometer..

I'll* Papen. S

Twenty eefits each will be paid for two copies of the DAILY E£PBKSS (or any iten number), oi each of the following dates, to complete our files: Wednesday, Sept, 14, and Wednesday, Oct. 12,1881, to be delivered as soon as poesible.

THE 00UETS-

SUPERIOR COURT. Hon. B. E. Rhoads, Judge.

No. 215. James Black vs Frederick A. Roes et a), forecloauft. Default. No. 235. Buean E. Elder vs Mary J. Weiss et al, foreclosure. George W. Kleiser is appointed judge pro tern, to try this cause. "No. 135. Touissant C. Buntin vs Thos. B. Johns, on note. Court finds for plaintiff in the sum of $29185.

No. 159. Mary A. Mitchell vs William A. Mitchell, divorce. Continued until next term of court.

No. 170. Jacob W. Maud vs Charles Huff et al, damages. Plaintiff moves to strike out 2d paragraph of the answer of defendant, Ella Gregg, which motion is sustained and thereto .said defendant excepts.

No. 247. Lucinda Titus vs A. 8. Mounts and Linus A. Burnett, to quiet title. Defendant Burnett files his answer herein and connter claims against said plaintiff, and makes Charles H. Titus a party to said counter claim.

No. 214. Wm. L. Martin vs James Gardner, Emma Gardner, Edith Gardner and the unknown heirs of Perry Welch, deceased, foreclosure. Judgment for plaintiff in the sum of $4,340.

CIRCUIT COURT.

Hon. H. D. Scott, Judge.

No. 11,507. Angelina Collins vs Ara* minta Baker et al, partition. Alexander Rowan, commissioner, herein files his report, which is confirmed by the court-

No. 12,912. Wilson Sewing Machine Company vs Mary E. Winferead, on, note. Default. Judgment for plaintiff in the sum of $53.46.

No. 11.258. Margaret Shumard et al vs John A. Hall et al. Plaintiffs file their amended complaint herein, to which defendants file their demurrer and day is given.

No. 11,370. Rachael Hoggett and Mary J. Kyle vs Jas. M. Sankey and David Smith. Trial by court, and finding for plaintiffs, with damages assessed at $108.

No. 11,898. Joseph Harris vs Peter Kaufman, civil. Defendant's motion for a new trial is sustained, and previous judgment rendered herein is ordered vacated.

No 12,453. John Simpkinson et al vs Henry Helmkamp et al civil: Court overrules defendants' motion to eet aside default and judgment heretofore rendered,

No. 12,553. jEtna Life Insurance Com-

fany

Vs.Geo. W. Hyler et al, foreclosure. laintiff moves the court to tax all costs herein from time of default to time of settliug against G. W. Hylerj which motion is sustained.

No. 12,827. Frank Wonner vs Wm. H. Shares, damages. Judgment for plaintiff in sum of $90.

No. 12,917. Petition of Charles and Malinda Benson for adoption of Clara Belle Carter. Petition granted.

No. 12,863. Andrew Morris vs Smith Bridge Co.j appeal. Defendant moves to set aside service herein and day is given.

No. 12,872. Ellis 0. Whiteman, administrator of Wm. Hull vs Robert W. Hall et al., to set aside deed. Plaintiff moves to make new party defendents herein, and motion is sustained.

REAL ESTATE TRANSFERS.

Louis Horseley to William Horsely, one-third lot 35, Richard Dunnigan's sub. $265.

James M. Farley, et ux. to J. B. Johnson, 156 square rods in section 28, Fayette township, $60."

Nathaniel S. Wheat et ux. to Alice Leonard, lot 1 and part lot 2, Barton & Houriet's sub., $1,150.

Sheriff Vigo county to Mary Eddy, lot 141 Rose'sub., $661.76. Alex. Rowan, commissioner Vigo Circuit Court, to Thomas Green, 59.12 ccres in section 2, Riley township, $1,565.

Wm. T. Beauchamp et nx. to Thomas Johns, undivided one-half lot 46, original plat, $750.

Thos. Pinson et ux to Thomas B. Johns, lot 3, Tecumoeh, $30. HEW SUIT8—SUPERIOR COURT.

No. 270. Taken. NEW SUITS—CIRCUIT COURT. No. 12,923. Elijah M. Oilman and James B. Reynolds, surviving partners of Gilman Bro's & Co., petition to Bell. H. H. Boudinot, attorney.

GUARDIAN.

Mary A. O'Mara, of Mary E. O'Mara, aged 15, Benjamin F. O'Mara, aged 12, James F. O'Mara, aged 10. Bond, $400. A. P. Voorhees andT. B. Long, sureties,

MARRIAGE LICENSES.

Jack Carlin, drunk, $2 and costs. Tucker. Henry Lucas, drunk, $2 and costs. Loveland and Connaghan.

John Nolan, drunk, $2 and ooeta. Loveland and Connaghan. Jerome McVay, drunk, .$2 and costs. Cain and Connaghan.

Frederick Splady, drank, $2 and costs. Cain and Connaghan. J. F. Williams, drunk, $2 and costs. Hanish and Otterman.

Hetgbborlioed

Sullivan Times. Miss Allie Osborn, of Terrs Haute, is visiting Miss Mamie Brown, of tbis city.

On Wednesday evening last the town board passed an ordinance prohibiting boys under 15 years of age from being upon our streets after eight o'clock p. m., unless accompanied by their parents.

Wliiimore Brothers, of Terre Haute, are fitting up a boiler and machine shop at Devol's old stand, on south Second street. In the spring they will addf a foundry, and will make castings, bnitd and repair boilers, and repair machinery of all kinds.

Brsdi Register. The trial of Elijah Beatty, for the murder of Joseph Donham, cn change of venue from this court, was sent by Judge

Coffey to the Owen County Circuit Court. Jim Scanlon, the man ^ho shot and killed Fred White (colored), was indicted by the grand jury for murder in the first degree. He plead not guilty, and his trial was continued until the next term of court.

The Indianapolis & St. Louis Railroad Company and the coal operators at Coal Blafi are going to build a switch of about three miles in length in a southeasterly direction to near Carter's mill, in order to open out and operate qew coal mines in that yicinfy

GIBSON.

The Arguments of Judge McNutt and Sant Davis in the Motion for a Hew Trial*

The criminal court convened yesterday morning at 10 o'clock and Judge McNutt resumed his argument. He said: I desire to call the attention of the court to the rule in regard to the granting of a new trial on the ground of the separation of the jury after it had retired to deliberate on the verdict. It has been argued by the defense that the court has no discretion in this case, and that because the word "shall" is used, that this takes the question out of the court's reach. The word "shall," is not an imperative word, for it has in law the same meaning as the word "may." So that this argument and the point raised by the defense amounts to nothing. Bat this question is definitely settled in 24 Indiana, page 154, for this decision decides that neither "may" nor "shall" necessarily means "must," but both may, in view of extraneous circumstances, mean "mast." The words "may" and "shall" therefore are used interchang ably in many cases. On the subject of newly discovered evidence, the sujpreme court his decided that where the evidence is merely cumulative a new trial shall cot be granted and if there be newly discovered evidence which, if it had been adduced during, the trial, the same rule holde good. This evidence of Bishop is merely cumulative, and there was plenty of evidence on the same fact? that this evidence goes to Hustain.

As to the question whether a juror's drinking intoxicating liquors during the deliberating cf the jurors on the verdict, it has been held by our courts that if a juror become intox'icated during the deliberation of the jury upon the verdict it is a good ground for a new trial but this does not fit the facts in our case. In thi9 case there is no charge that Shank was drunk or intoxicated during the deliberation of the jury, or the verdict, or that he was drunk at all during the trial on the contrary, there is plenty of evidence to show that neither Shank nor any other member of the jury was drunk during the trial of the cause. It is not charged by the defense that any member of this jury was ever intoxicated during this trial, and I am sure that the mere fact that one_ of the jurors, merely drank intoxicating liquors is certainly not a good reason or a cause for granting anew trial.

In regard to tbe question of the sleeping ot one of the jurors during the trial of the cause, this is not a good cause for granting anew trial. In the case of Musleman vs. Musleman, tried at Logansport, the judge who was trying the cause went to sleep during tbe argument of the counsel, and

the Supreme Court of thei State held that

this was not good cause for a new trial, but that it was the duty of the counsel^ to make tbe judge up and go on then with the trial. In the case at bar there is no direct evidence that Garrigus was asleep, except that of B. W. Hanna, who merely swears that Garrigus appeared to ne asleep but the fact of his being asleep is contradicted by tbe affidavits of all the jurors antfe of Garrigus himself, who swears positively that he was not asleep. And I think that there is clearly a preponderance that he was not asleep and the burden of the proof on this fact is not on the Stale.

I desire now to call the attention of the court to the eighth instruction given by the court, and I am pure that there can be no objection made by the defense, tor I think that the court clearly gave the law upon this question. Tbe instruction ebjected to by the counsel for the defense as being wfong and not the law is as follows! "Every person must ba presumed to contemplate and intend the natural and necessary and probable consequences of bis own acfy and, therefore, where a deadly weapon, or one calculated to produce death, is used with violence upon the person of another, ad this has a direct tendency to destroy the life of the person as sailed, the intention to take life is presumed from the act, but this presumption, so far as it may tend to establish the commission of a felonious homicide, may be rebutted by evidence showing that tbe Use of such instrument waa justifiable or excusable in law I do not see how the Counsel can possibly object to thia instruction for bertainly .it fits the facts proved in this case, and I think it is clearly the law on the subject.

In regard to this verdict I think it ought to stand. I am sure that it ought to stand, for I think there was sufficient evidence not only to convict tbis defendant of manslaughter, but also to convict him of tnurdar in the firft degree. I think that tbis case has been as fully and na fairly triei as it ever can be, or will, and I do not think tbere can be any valid objection made to the verdict. As to the evidence not being sufficient to sustain the verdict, I think that objection ia simply ridiculous and. absurd, and I do not think tbe counsel for the defendant can be in earnest about tbe matter. And in conclusion I must say that I think that taking everything into consideration, all the circumstances that surround this cause, the defendent got a very light sentence. .At 3 o'clock yesterday afternoon Mr. Santford Davis closed the argument in the Gibson trial. He said that be wished to argue the case on the ground that Gibson was innocent of the crime charged against him, and this is tbe main point and element in tbis wtfcole case, and we bring in the additional reasons—the technical grounds—which we have set forth in our affidavit. We think and believe that this infamous verdict is not the result of the jury, but that it is a verdict forced from this jury by public prejudice. And this public prejudice is the offspring of prejudice and wrong, and it is not the legitimate result of honesty and intelligence. Therefore we a9k a. new trial, on the ground that thiB verdict was forced from this jury wrongfully, and it was not the result of their deliberate reasoning. And we also ask anew trial on the ground that these jurors have, during this trial, misconducted themselves.

I desire to call the attention ef the court to the eighth instruction. I think that this instruction is wrong, and it cannot be cured by other instructions which are legal and just. This instruction should not have been given at all, or it should have been withdrawn from the jury. Error in giving instructions is one of the causes, and we think that this instruction is clearly wrong. Mr. Davis then read a number of cases in point on the question, and argued tbe question and showed that the instruction was wrong, and that it was calculated to mislead the jury. In this instruction tbere are certain facts assumed to have been proved which are pot proved. It left the impression on the jury that they Were not to determine the queetien, as it was presumed and considered as proved. He then spoke of the instruction given by the court at the request of the state. The instruction was to the effect that tbe state could not attack the moral character of Gibson, or his character far peace, by offering evidence as to his character. We think that Gibson's whole character was in issue in this trial, and the state had a right to offer evidence against that character, and therefore the counsel for the defense clearly had a right to comment on the character of Gibson. Now I desire to call attention to this jury and their misconduct. I think that if ever there were twelve asses on a jury there were twelvejcorrupt asees in this case. Just think of them, eight men who believed Gibson guilty of murder, and four who believed him not guilty, eight of them going contrary to their belief and finding this man guilty of manslaughter, and think of the other four, who, believing him innocent, consented to a verdict that

-.• v, I- teii

waa to send a man whom they believed innocent to tbe State's prison for three years. Just think of thai} I hardly know what to think of such men.

I desire to csll the attentioii of the court now to the juror,'Jacob* Sbank He is the man who left the jury and went and took a drink. Now it is my belief that a man when he ia employed to do a thing for another man that both his intellect and his services belong to the man who employs him. Now I do not think that Jacob Shank could de his duty in this case if he drank any whisky. I do not believe that a man can do bia duty when he is under the influence oi liquor and I know that this man Shank^ could not. I do not think he could do hia duty in this case where he waa to try a man for hia life and where be waa required to have a cool head and a clear mind, for if there ever waa a case that required a man to be sober, and that his mina should be clear it was thi^case. I believe that the rule laid down in the 35 Indiana Report ia the correct one and ia the law in this State. In abort it is a good and reasonable law it is a law that simply requires,^ man to be sober when he_ is setting on a jufy to try a man for hia life. A man who can't decide upon the liberty of a fellow citisen without going about from saloon to Baloon debauching himself and making himself a drunken brute, deserves to have lived in the past, in ancient times, when old rheumatic women and little children were burned for being witches. And I hardly know what to think of such a man. Just think of a man of that kind. Do you think such a man could give an honest and just verdict. I think that the only rule for a court to go by in a case of this kind is to require the jurors to be sober and not to allow them to drink any thing that intoxicates. Ia short, total abstinence is the only safe rule, and it is right.

In this case the drinking of tbis man Shank in Staffs saloon is sufficient cause for a new trial alone without any other reasons. But Sbank says that the drinking of brandy had no effect upon him. Well, I never knew a man who was drunk who did not think he was sober, and that everybody else

Um8ndatory

and not directory, and if the

statute' is mandatory the whole question about the Separating of the jurors is settled, and the court must grant anew trial and the court haa no diecretion in the matter.

I will now diecuss the conduct of Wm. H. Wilson. He is the man who said that he never had formed or expressed an opinion. He is the man whom Mr. Wallace swears made the remark, "If they want Gibson strung they had better put me on the jury," and Wilson does not deny that he had made a remark about Gibson. Now, on this point, we have the evidence of both Wallace and Edward Vandever, both of them good men. And I can say that I would believe Ed. Vandever before I would a hundred men like Wilson, fori have known Ed. Vandever for twelve long years, and I have never heard uf him talking a lie or doing anybody a wrong, and I have been connected with him in law affairs a hundred times, and have always found him true to me in every respect and I consider him a worthy man in every respect and an excellent officer. And Vandever swears positively that Wileon fltade a remark in effect the same as Wallace swore to, and I believe him for I know that his character in tbis community is as good as any man's. But Wilson says that he made a remark but he did it in a joke. I only say to this that men don't joke when they are about to try men for their lives, and in this iase there was nothing to Bhow that the remark was made in a joking way. On the contrary it waa in dead earnest and that remark expressed the opinion held by the speaker and it Is such interest on bias as Will afford a good cause for a new trial in this case.

I will speak about George G-arrigns. He is tbe man affected by a stupor wibch overcame him while he was on the jury. He is the sleeping beauty—the man who went to sleep while on a jury which was trying a man for his life. He swears that he was not ssleep, yet Hon. B. W. Hanna swears positively that he kicked him to awaken him from his slumbers. And his remark afterwards, as shown by the affidavit of James Hogan, throws a flood of light on his conduct in tbe jury box. He said after tbe trial that ''it was about time for the murders to be stopped." It seems to me that this remark, taken together with his conduct during the trial, shows that he was guilty of such misconduct, for which the court may in its discretion grant a new trial.

Mr. Davis then discussed the evidence of the various witnesses who were sworn and argued that the verdict of the jury did not sustain the theory of the defense.

He then read the evidence of Rawlston and Murphy while they were in Hall's saloon and showed that both of these men could not have told the truth, for the written evidence showed that it was contradictory. Rawlston swore the man was Gibson in Hall's saloon Murphy swore "I don't know who the man was."

R.—Three or four men were standing at the bar. M.—Gibson and another man was standing by the bar.

R.—It was Gibson that made the remark. R.—Tbe man that made the remark had black whiskers,

R.—Gibson was there when we went in and when we left Hall's Baloon. M.—I don't know how Jong Gibson staid in the saleon, nor when he left.

R.—I have'nt seen Murphy for two months. M.—I haven't seen Rawlston for three months.

R.—A fellow named Charley waa with us. M.—A fellow named George was

R.-r-Did not Mrs. Hall go in back and then come right out. Ana. No, sir. M.— She came in* and went back and came out the same way.

R.—Gibson apologized and satisfied Hall. M.—Hall said that is my wife. She is a ladv.

R.—Ifall did not threaten to whip Gibson. M—Hall said: "If I would do right I'd break every bone in your body."

R.—I don't know whether we drank once or twice at BlumenburgV. M.—We left the whieky on the counter.

R.—The conversation was held when Mrs. Hall passed ia. M.—Mrs Hall passed out as Hall said that is my wife, and she ia a lady.

R.—When tbe remark was made Gibson ptood north, against the partition. M.—Which side did Gibson stand? Ans. South side of me

R.—Didn't you go from Blamenburg to see about the shooting? Ans. No, sir. M.—We left whisky on the counter and went to see John, the bartender, who aaid Hall was shot, and I said "let's go around and see."

R.—We remained in Blumenburgs twenty minutes, or longer. M.—I don't snppo:e I was in Blumenbcrg's half a minute.

R.—Some one came into Blumenburgs and gave a report of what was done. M.—We heard the shot aa we went in, and John Daily aaid Hall waa shot.

R.—I think Rosa came into Blamenburg's and toldaboatj^9sb9Qtug

StSE

John Daily drew the whisky, and said Hall was shot B.—We went from Blumenburg'a .to the drng store. M.—Where did you go from Blumenburg'a? Answer—To Hall's.

R.—There were other parties in Blumenburg's, and Roes came in and told them. M.—There was nobody else .in Blumenburg'a, except ourselves and John.

R.—We separated that evening at the drug store. M.—We went from the drug etore to Confare's. and separated at tin Opera House.

Mr. Davis then closed his speech, and will cloee it thib morning, when it will be closed.

1 RAILWAY NEWS.

V:

Current Items in Bailroad Circles—Local and GeneraL

On Thursday the Vandaha coal movement was 214 cars. J. E. Martin returned to Eransviile yesterday morning.

V. Blakely, claim agent of tbe C. & E. I., was in the city yesterday. Superintendent Hepburn, of the E. & T. H., came up from Evansville yesterday afternoon. &The Vandalia on Thursday handled on the main line 972 cars, and on the Logan Division 7l,

Harry Graham, of Receiver Genis' office of the Midland, went over to Indianapolis yesterday,

T. W. Ransom, Master Mechanic of the I. & St. L, has been inspecting the equipments of the entire road.

Thursday the Terre Haute car works delivered to the E. $ T. H. 27 flat cars, which had just .been completed for the Louisville & Nashville.

George S. Vann, formerly connected with the Vandalia car accountant's office, but at present general baggage agent at Indianapolis, was married on Monday evening to Mies Maggie Copeland of that city,

was drunk, and he is the first man (hat I A. J. Halford, General Eastern Passenever saw that brandy, would not effect. ger Agent of the I. & St. L., is in the city, Now in regard to the separation of Shank, there can be no doubt on earth that the rule iB imperative. It is said that the word "may" is the same as the word "shall," and that neither of them has the same meaning as the word "must." The word "may" is an auxiliary verb that expresoes a license, possibility and inability while tbe word "shall" expresses a command, an obligation derived from the authority of the person speaking, and it is used as to express a command. The word "shall" is used in the ten commandments in the Bible, and everybody knowa it is used as an imperative word. There can be no doubt but what this statute ia

and will accompany the Traveling Men to Indianapolis this morning. Mr. II, js an ex-newspaper man of much ability, having been connected for number of years with different Indianapolis papers.

The articles of consolidation of the Louisville, New Albany & St. Louis Railroad with the Evansville, Rockport & Eastern were filed with the Secretary of State Thursday. The capital stock is fixed at $600,090,000, and as has already been announced, the new company takes the name of the Louisville, Evansville & St. Louis.

TELEGRAPHERS' ASSOCIATION. A call is out tot a convention of telegraphers at PittBburg, March 1st, for the objects of organizing a general brotherhood in the place of the separate organizations existing, of getting higher pay and more leisure, of securing for both sexes equal pay for equal work, and of preventing the work being taught at will to everybody.

IMPOKTANT MOVEMENTS.

There is a great going to and fro of railroad magnates of high and low degree, indicating important changes in the near future. R. G. Hervey appeals to be the king bee. Something important, is in the wind regarding his road, and rumor connects Jasepbus Collett and John E. Martin with it. The Midland is also in a ferment, several officials of the same having had meetings here lately.

NEW COACHES.

Master Car-builder Carter, of the Vandalia, is putting tbe finishing touches to some new baggage cars for use on the msin line. As soon as these are completed he will build two new passeuger coaches to replace No's. 13 and 14, which numbers the new ones will take. The coaches will be like the last ones turned out, 18 aad 20. Tbe latter are undoubtedly two of the finest coaches in service in the country, and a ciedit to the car builder under whose supervision they were elected.

SHIPPERS MU3T PAY THEIR FARE. The Southwestern Association at their meeting in Chicago, on Wednesday, not only agreed to tone up rates, but as well, agreed to issue no more passes to shippers. The covenant entered into was that hereafter noline in the association will iesue a pass to any shipper on account of business given" the road. Telegrams were immediately sent to all agent?, bith freight end passenger, to surrender their pass books. Orders were even given for the cancellation of passes issued earlier in the day on account of busipess. These roads have, it is estimated, issued free transportation to the amount, in money value, of $500,000 annually.

THE C. fc E. I.

This road, by judicious management, has become one of the most paying in the country. Their passenger and freight business is constantly on the increase. Recently two "suburban" trains have been put on the northern division, one from Chicago to Momence, and one from Chicago to Crete. The wisdom of this was somewhat doubted at first by the authorities, but they have sprung in.o great favor, being the best paying trains on the road. Among the new equipment^ are seven handsome Pullman day coaches, run on these suburban trains and on the through passenger trains Nos. 1 and 2, leaving here at 8 a. m. and arriving at 5:20 p. m. Two more new coaches of tha same pattern will soon be placed in service.

By Associated Press. THE READING ELECTION. PHILADELPHIA,Jan. 13—In the Reading election this morning, the last vote for the Bond ticket was cast by President Bond himself, 550 shares. Then Schell, of New York, took the seat which had been occupied by Gowan and Kinsley in voting proxies, and immediately there was a buzz of excitement. As soon as it was observed that Dale, of tbe McCal-. mont-Bond counsel, challenged the first vote of Schell, it became at once apparent to the moBt doubtful that tbe Vanderbilt proxies were going to the support of Gowan. 'At noon Schell caat his last proxy, the whole of bis batch having footed up 72,000 shares. When the name of William H. Vanderbilt was {call d, tbere was a halfsuppressed sound of applause, which was immediately checked, but when Vanderbilt's individual vote of 40,000 shares was announced the applause broke out heartily. After Schell cjncluded voting'the Vanderbilt proxies but two more of consequence were cost, and at 12:15 the polls were closcd and the judges withdrew to compute tbe vote. The respective tickets teceived, in round figuits Gowan, 272,OOO.shares Bond, 222,000 shares.

THE TRUNK LINE WAR.

NEW YORK, Jan. 13.—A proposition for the settlement ot the Trunk Line war, made on Wednesday, has been received by the contracting parlies with favor. Insidera say that while negotiations may full through, the chances of a speedy adjustment are good. ,•

THE MANHATTAN ELEVATED.

ALBANY, Jan. 13.—The Attorney^ General, this morning, beard application to annul the charter of th£ Manhattan Elevated Railroad Company. David Dodley Field appeared in opposition thereto.

WRECKED.

TOMAHA, Wis., Jan. 13.—The northbound freight train on the St. Paul road struck a broken rail two miles south of Junction City, ditching nine can and killing a man named Sbott. The cars

¥•—total wreck,

TWELVE PERSONS KILLXD.

NEW YORK, January 13.—-The following telegram haa been received at the police headquarters:

Kuroa BRIDGE,Jaa.13.

Svperinimdtnt Walling About 7 p. m. the Tarry town train ran into the rear of the special express, at Spuytenduyvel, destroying two cans by fire, with loss of life. Notify the Coroner, and send ambulances. [Signed] PETER YALE, Captain.

Every available ambulance has been sent to the. scene oi the accident from the Bellevue, Ninety-ninth Street and New York hospitals. It ia reported that George F. Spinney, Albany correspondent of the New York Times, is killed.

At 11:34 to-night, Sergeant Doyle, of the Thirty-fourth precinct, sent- a telegram to headquarters that nine dead bodies had been recovered. Twelve persons are supposed to be killed.

STRIKE OH THE TEXAS PACIFIC. ST. Lone Jan. 13.—A story conies from Texas that tbe section hands and other laborers on the Texas Pacific railroad are greatly excited over the recent reduetion of their wages to $1.15 per day, that a few days ago a large party of them stopped the pay car at a point called Wildborse, under the impression that it Kas General Manager Hoxie's car, and that he was aboard of it. They side tracked tbe car and demanded the delivery of Mr. Hoxie, that they might lynch him. When told that the official was not on tbe car the mob would not believe it, and they piled up wood around the car to fire it, and aa they said roast Hoxie out. Paymaster Krets finally made the excited men comprehend that Mr. Hoxie was not present, but they kept the car on the side track two days before they allowed it to go East. It is also said that great dissatisfaction exists at other points along the line, and that a considerable number of mechsnics have been discharged from lhe shops at Marshall. It is also stated that there is to be a general reduction of wages soon. If this is carried oat the men say there will be trouble. 'W

AnHSESIiRTR.

«.i:"FUH ON THE BRISTOL." There was but a moderate house out last night. Thia extravaganza which waa given for the second time in Terre Haute has lost none of its mirth provoking qualities and is, if not the best, one of the best.of the now numerous medley performances.

The company is a good one all through, and embraces some decided talent. Tbe entertainment under its elastic arrangement provided most of the features of an extensive variety show, and all the details were closely followed by an enthusiastic applause and laughter.

The personation of the Widow O'Brien byjno. F. Sheridan which is a perfect assumption of a feminine part and saturated with-the essence of Miles! antem kept the house in constant merriment. The comedy of the evening was well sustained by Richard Waldon as Capt. Cranberry, and W. A. Paul, Geo, Richards and Miss Yeamans in the Etheopian parts. The music of the evening was of more than ordinary merit, and the selections from the Pirates of Penzance, the Mascotte, etc., being well given.

The burlesque of II Trovatore was very amusing and gave an opportunity for delfghlful singing by Mi?s Daniels as Azecana, and Miss Fellula Evans as Leonora.

The Count de Luna of Mr. Waldon was a capital burlesque and exhibited a fine voice.

Mr. De Lorme, as the music teacher and Maurice, sang well the serenade by him and Mies Evans was excellently given.

The "Jimmy Riddle Band" was a ludicr5u3 performance, to which Sheridan put the climax as a most realistic Jew.

Miss Daniels, who divided the honors with Mies Evans, the pretty favorite, gave a remarkably fine selection on the time honored guitar. In fact all the specialties of the evening" were excellently done. The various actors were each worthy of a special mention and tbe entire performance was most satisfactory, and entitled to a profitable house. The Ringgold band furnished the accompaniments in good style, butjthat hollow box under the leader's foot should be padded, as its resonance is heard through all tbe music and is disagreeable.

TWO ORPHANS.

Tliic standard emotional drsma, rendered. successfully all over the country, will be produced at the Opera House Monday night, by Jay Rial's company. The prices have been reduced to 50, 35 and 25 c.eot*, but despite this the manager claims a first-class show in every respect. The Newcastle, Pa.,. Paragraph, of Dec. 1st, says of it:

Jay Rial's Two Orphan Co. played here last night to the largest house ever in the building and hundreds turned away. The company ia the best ever seen in the play. Mr. Rial can rtally feel proud and well call it the most popular version. We hope the company will again return soon and we will give them another large house. Come again.

EMMA ASBOT—ENGLISH OPERA.' The chief musical event of this reason will be the production of "Olivette" and "Lucia di Lammermoor" at the Opera House Wednesday afternoon and evening by the Emma Abbott company. The organization includes such artists, in addition to the star, as Wm. Castle, Valentine Fabrini, Pauline Maurel, Lizzie Annandale and others. The Cincinnati Enquirer says: "Emma Abbott and her company ap pearcd last night before one of the largest audiences ever seen inside the Grand Opera House, and she was not only greeted with quantity, but the quality was there. Tbe whole lower part of the house was filled with a class of people who seldom go to theatre unless the attraction has genuine merit—psople who. are cultured and refined, and who are always found at musical entertainments which offer only the purest and classical. At an early hour "standing-room only" was di-pliyed at the door, and as the placard was hung out the face of Robert Miles, Esq, was noticed as being wreathed in smile?. Mr. Weiherell, tbe urbane and energetic husband of Miss Abbott, who is managing her affairs with great success this season, was also very happy. Good nature prevailed throughout the audience, too, and tbe sparkling opera, Olivette, was received with many evidences of satisfaction and warm applause, almost every solo and concerted piece and many of the choruses being encored. All of the private boxes were filled with theater parties composed of young folks. These theater parties, by the way, are getting to be quite the fashion, and are much enjoyed, by tbe ladies especially, as it gives them opportunity to display their toilets, which they cannot have in the chairs.

A very even and highly meritorious performance of this the best of Audran's compositions, was given. Tbe cast was a good one, and tbe performers entered into their work with a spirit and earnestness that was commendable. The opera contains not only many striking airs of more than ordinary musical excellence, but has a plot that is interesting and which requires good dramatic talent. It is a clean, pretty little work, without a line or word that could offend the most fastedious, and, as presented by Miss Abbott, is tbe essence of refinement. The choras is abundantly strong for the work required of them, and contains a number of pretty and buxom lassies. The voices are young and fresh, and displav good training. In the chorus, '•Soon the Bride," the "Marriage Bells" chorus and "Jamaica Rum" they sang

with spirit and precision, and did the "Whale" chorus so finely as to receive tremendous applause and encore. The beautiful instrumental music with which the opera abounds vas well rendered by a large, and effective orchestra.

CRUEL WHEELS.

They End the Existence of Albert C. Hoteware, a Yandnlia Brakeman.

About seven o'clock yesterday morning Barney Fagin, a Vandalia employe, was going to work, on a hand car and just east of the treatle work, this side of Maxville, he discovered the body of Albert C. Noteware, a Vandalia brakeman, lying by the side of the track with hia left arm and left leg cot off. Half way down the grade was lying his lantern, from which it was rightly presumed that he had fallen from a train and been run over. Ceroner Laughead waa summoned, and after ex. amimng the remains, they were brought to the city .and placed in charge of Undertaker Katzenbach. Last night they were shipped to Galesburg, Illinois, where his wife's family reside.

No tew are was a brakeman on freight train No. 26, which leaves this city for the west at 7:30 p. m. The train was late however, in making up, and it was about 8:15 when it pulled out. The absence of Notewarewas not discovered until the first stop waa made. Th» conductor telegraphed back to this city that they Were short one brakeman, who had probably been left- here. When Noteware's watch was examined, the crystal was broken and the case bent, and the watch had stopped at 8:32, denoting the time he fell. On his person was found a four ouuee fiat bottle of whiskey, bnt scarcely aqy had been drank. Marshal Kidd, who knew Noteware and his family, met him about half-past six o'clock on the evening of tbe accident, but he was not then under the influence of liquor. J. M. Chesbrough, assistant general passenger agent of the Vandalia, wis an intimate friend of Noteware, and on learning of his death, telegraphed to have the body shipped to Gslesburg to John Edwards, the deceased's father-in-law. Marshal Kidd accom panied the body to Galesburg.

Coroner Laughead will conclude the inquest upou the return to this city of the Crew of the train from which Noteware fell.

PJBBSOHAL. 1

A, E. Shrader is back from Peoria aud Chicago. Jacob D. Early went to St. Louis Thursday night.

Miss Kate McLeod, of Danville, III,, is visiting relatives and friends in the city. Mrs. E. D. Steele, of Mattoon, is in the city tbe guest of her mother, Mrs. Gossett.

Judge Thos. F. Davidson of Covington, arrived at the Terre Haute House last night

Mies Sawin came np from EvanBville night before last to visit her sister, Mra. W. R. Travers.

Miss Flora Gross, of North Ninth street, has been suffering several days with the neuralgia.

N. Waters and wife, of Lowville, northern New York, came Thursday evening to visit their son, Dr. M. H. Waters.

Miss Flora Carman, who has been visiting Mrs. J. P. Crawford, returned on Thursday to her borne at Waterman.

B. M. Daines and Miss Lillie Crawford, daughter of W. H. Crawford, are to be married on tbe evening of Tuesday, annary 24th.

Frank Gilbert, of the Evansville Argus, was in the city yesterday afternoon, en route to Indianapolis to attend the Traveling Men's ball.

Pege McCarthy, of Washington, agent for the Emma Abbott company, is in the city for the purpose of arranging for the visit of that organization next week.

David Watson desires the Express to say that, he will not allow his name to b^ used in the voting at the Moffatt Street entertainment to-night,he not desiring such notoriety.

Edward E Baker, son of Asa J. and Libby N. Baker, of Paris, 111., died there January 13 h, at 2:35a.m. Tbe deceased has been feeble for along time, having gone South a year ago to recuperate, without any relitf. His father is the president of tbe First National bank of that place..

A Bald on tht Thieves.

Yesterday morning a number of tbe police force, under Chief Russell, made a raid on the establishment known as

Noah's Ark," on South First street, in front of Happy Alley. Five young men were captured, James Foley, Nathan Stanley, William Hubbxrd, William Wilman and Sheiman Hubbard. These parties had with 155 pounds of railroad brasses, which were identified by the I. & St. L. people as having been stolen from them. The house was searched and a number of other articles were discovered. Officer Hogan put the officers on to the gang, and they were all locked up. One of the boys made a confession to Chief Russell and Lientenant Vandever, which the officers say seriously implicates a certain jaok dealer.

A CiTltdty.

A man giving his name as Francis Marion White came into police headquarters last night, and was given lodgings in tbe tramp room. He is forty ytars old, and says that he has never smoked, chewed tobacco, drank intoxicating liquors, or performed any of tbose acts to which men of his age are generally addicted.

The Traveling Bfen.

A delegation of the Terre Haute Trav eling Men's Association, beaded by the Ringgold band, will leave at 7:37 this morning, to at'ead the meeting of the state association. Two special cars have been furnished for the exclusive use of the members.

The case of the State on the relation of Ruth A. Brown vs. Silas and Martha Crapo, surety of the peace, was on trisl before Justice Cookerly, in the police court room. Prosecutor Kelley and R. Dunnigan appeared for the State, and N. G, Buff for the defendants.

We understand that William JSggleston, Esq., is preparing a complaint, to be filed in the Superior Court soon, in favor of James Thorpe and against the members of the Indianspolis Marriage Benefit Association. This announcement .is likely to a us a on

The police u'horities have discovered the whereabouts of two suits of clothing which were stolen recently from an I, & St. L. freight c*r, between Vermillion and S»ndford.

The Terre Haute House was full last night, as it frequently is. Travel is very heavy for the lime of year, and both this and tbe National are thronged with pilgrims.

The Home Circle dancing club had one oi their very enjoyable receptions last night at the Terre ilaute House. .:

There are forty-five prisoners in the county jail.

Turin sold $2,000,000 worth of vermouth to Asia. Europe, and Aaitria dura a

3-:

VB#

AT COST.

We offer our entire stock of Overcoats, Clothing and Furnishing Goods at actual cost until March 1st.

FORD & 0WE1,

iy Iv 521 Main Street.

N. B.—We offer the same inducements in our custom department .'

S32& Bits:

THE MARKETS.

HEW YOUH HONEY ASS OARKET.

STOCK

NEW YORK. Jin. 13 Governments, Arm, and per cent, higher, except for 4i^'s registered, which are unchanged: railroad bonds, moderately active State securities, inactive. 8hare speculation Opened at an advani from yesterday's cloKing prices ot por cent, the laUer for Michigan.Ceutral. in early dealings the market recorded an advance of J4 to IX per cent, Denver Rio Grtnde and Richmond & Allegheny being most prominent therein. Sub sequently the general market rea ted per cent, while Richmond & tllegbenysoid down 1% per cent., to 83%. The market again ad--vauced%@l% per cent, Denver & Rio Grande, Erie preferred. New Jersey Central, Texas Pacific, New York Central, and Delaware, Lacka* wanna Western being most conspicuous ia the upward movement Richmond A Danville sold up S}£ per cent from the oj«ning, to 186%. A a cent, the latter for Denver A Rio Grande, but between the first and second boards recovered Mrai per cent In late dealings the market fell off percent., the latter for Denver & Rio Grande.lmt subsequently recorded an advance ot %@1% per cent, in which Richmond A Danville, Wata£h preferred and Western Union Wire most prominent Speculation during the afternoon was very active, and the market closed strong.

HEW YOBK DRY GOODS.

NEW YORK, Jan. IS.—Business is moderate. Cotton skirUng, fairly active medium fancy and shirting prints, in fair request drers ginghams, active woolen goods, in light demand.

HEW TOEH.

NEW YORK, January IS.—Flour—Market dull superfine state and western. $3 90@4 60 common to good extra, S4 65@6 00 good to choice, 16 10(39 00 white wheat extra, 17 25@ 9 00 extra Ohio, $5 0038 St Louis, 85 C0@ 8 25 Minnesota patent process, 18 0089 00. Wheat—Opened higher afterwards hecame weak and lost most of the advance, closing weak on spot and strong on options No. 3 spring, SI 22: No. 8 Milwaukee, SI 28% delivered ungraded red, SI 2C@144 No. 4 do., SI 20. CornIn buyers' favoe closing firmer ungraded, 67£ 971c No. 8. 69c steamer, 69% No. 2, 69@69%c, new 70%@70^c, old. Oats—lower, mixed western, 49@52c white western, 50@5lJc.

CHICAGO.

CHICAGO, Jan. 13.—Flour—Quiet and unchanged spring wheats, common to choice western, (M 50@6 75 common to fancy Minnesota S5 25@7 50 patents. S7 60@9 25 fair to choice winter wheats, 50®7 60 fancy, $7 75 lowgrades, S3 50@5 00. Wheat—Market easier: veiy quiet No. 2 Chicago spring, 81 1 29, cash Si 27%, January 81 28%31 28%, February: SI 25%, March No. 8 do., SI 17%@ 1 13 rejected, 88@96c. Corn—Steady, with a fair demand 61%@63%o, cash €1%@61%C, January, 61^c, February: 62%c, March 67c, May rejected, 61c. Oats—Dull and drooping ii%c, cash 43%@44c. January 43%e, February and March 44ic, May. Whisky—Steady and un-. changed 81 18. Live hogs—Receipts, 83,000 head shipments, 5,COO head slow and weak notquotably lower, except very poorest 'common to good mixed packing, i6 00(81! 30 heavy" packing and shipping, 86 35s(6 63 Philadelphia and lardf hogs, S6 70S6 85 light hogs, (6 00@ 6 35.

BALHUOIti.

BALTIMORE, Jan. 13— Flour—Duli western superfine. S4 5005 00 extra, 25@G 87 family, S6 62@7 25. Wheat—Western, doll: No. it winter red, sjot, SI 39£tfjl 39%c: Januai

IT* Ch."

68%e

bid: February, 68%(g69c March, 70%c as ted. Oats—Quiet western white, 60@f,8c. mixed,. 50@51 Pennsylvania, 50 (353c. Rye—Dull. Provisions— Kull. mess pork, SlS 25 bulk meats —shoulders and clear rib sides, packed, 7%9 8%c bacon—sbonldere, 8%c: clear rib sides, 10J4C. hams 12940l3%c Jard—reflned, 12%c. Buiter—Qnlet: western, packed. 18g40c. Egg*— DuU 23@ "tc limed. 20(^22c. Coffee—Dull Rio cargoes, 9@ 0%c. Sugar-Easier A soft, 9%c. Whisky-Quiet SI 17® 1 17%.

CIS CIS 91 ATI.

CINCINNATI, January 13.—Flour—Stronger family, 86 25@6 50 fancy, 16 75&7 £0 WheatSteady and firm: No. 2 red winter, 81 40. Cora—Fairly active and a sh»de higher No. 2 mixed, 66%(367%c. Oats—Quiet No. 2 mixed, 47947%e Wh&ky—Stead) 8116. Live hogs— Quiet c»mmon and light. S5 25(36 60 packing aud butchersV 86 40®6 75 receipts, 3,3.0 head shipments, 1,209 head.

TOLEDO.

TOLEDO, Jan. 13.—Wheat—Market easier No. 2 red, spot, 81 37Ji: February, Si 88%: March, 81 40%: April St 4.1 May 81 42)4: No. 8 red, 81 29. Corn-Quiet So. 2, spot, 64c February, 64%c: May, 68%@68%c. cats-Quiet to. 2, .46%C.

PlTHOLlCin aSABKET

PirTKBURG, January 13.—Petroleupa—Moderately active united certificates, firmer opened at 6l%c closed at 81 kc refined, closed ot 7Jfic for Philadelphia delivery, sales to-day, 274.000 barrels.

irfOIANATOLIS HOG MARKET.

INDIANAPOLIS, January 13—Live hogs— 8tiong aid higher: shipping an 1 packing (6 40 AS 70 skips and roughs, 85 00{S6 00 Eastern ordors are being cancelled for want of stock receipts, 2,403 head shipments, 600 head.

TE8RE BACTK HABKF.T

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FBIOAY, January 13,1E82.

HIDES AND SKINS.

Corrected by L. A. Burnett, 115 S. Fourth St. Green hides. 6@6)£c green salt cured, 7c veal skins, 11c Jdp sains, 7c dry flint, 12c dry salt, 10c green stefir hides, 70 pounds ana over, 8}£c sheep skins, 25c@$l No. 1 butchers' tallow, 7@7%c damaged hides, price.

LEATHER.

Best hemlock sole, 30(333c second slaughter sole, 80031c oakjole, 4dg*3c. WOOL.

Corrected by U. R. Jeffers, corner Main and Tenth streets. Fleece wool, medium clothing, 23@25e do combing, 23@2&c fleece wool, delaine combi&p, 24920c: fleece washed, medium clothing, 26® 30c-, fleece washed, medium combing, 30@35c fleece washed, delaine combing, 30@35e: tub wool, clean scoured medium clothing, 33@34c tub wool, clean scoured full blood Merino, 85@3£c tub wool,' long and hairy, 25@30c tub wool, dinsj^20®Ks cotted and burry wools, 32@20c.

PRODUCE.

Corrected t* Jos. H. Brigge, cor. Fourth end Jberry, Streets.) Butter, choice, 20@2*s do. inferior, 7gl0c eggs, fresh, 17c rasa, mixed. SI "5 per 10t pounds feathers, prime, 40c: dried apples, e« pot itoes, S1.00 green salt hides. b%c diy, 10@ 13c pelts, 25c®Sl SO tailor?, 5%c baled hay,.

816 00 per ton.

rotTLTRY.

Hens, per dos., SI 75 roosters. SI 25: young chickens, 81 00g»l CO ducks, 81 50 geese, 83 60:, turkeys, per n, 6c. Jg

GRAIN.

Wheat—Fultz. 8125 red, 8126. Cora, hominy, 60965c mixed, 56a Oaft, 40c.

LIVE STOCK.

(Corrected by R. P. Davis, at Stock YazOs. Steers, heavy weights, per pound, 8%33%c light, 3@3%c cOws and n*ife*j, 3@3%c bulls, 2c veals, 494%« sheep,, hogs, per CWt,

16500600)

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