Greencastle Herald, Greencastle, Putnam County, 16 November 1908 — Page 1
If you do not reeolve the Herald rejnilarly you will be doing yourself and the management a favor by calling our attention to the fact.
Breencosite KcraCd.
THE WEATHER
Fair tonight and Tuesday; colder.
3. NO. lt»7.
OREENCA8TLE. INDIANA. MONDAY, \OVE> HER l«. ItMtH.
SINGIjE COPIES 2c.
SPECIAL FINDING OF FACT
judge Hawley Files Paper in the Case of E. B. Lynch Against the City and Upon the Facts Therein Set Out the Final Argument Will Be Made.
DAY FOR ARGUMENT NOT SET
Jiul;;e Hawley this morning filed a “Finding of Facts’’ In the case of E B. Lynch against the City of Green- , castle for damages done his property by tin* sewage flowing down Walnut Street. Judge Hawley heard the evidence in the case the last days of the September Term of Court. He finds the facts to be as follows; That E. B. Lynch owns a house and lot on the north side of the Walnut Street fill, just west of town, and property on the south side of the fill. That in the property south of the road there is a spring of water that is the source of a stream flowing under the road and through Mr. Lynch’s property on the north side of the st reet. That the City of Greencastle, about 1872, constructed a system of drains and open gutters that collected the water west fi mi V'ine Street, south from Washington Street and north from Poplar Street and carried t all down Walnut Street. Before that the water had found It way down Madison and Washington Streets. The increase in the amount of water passing down Walnut Street Judge Hawley finds, however, did not damage the property now owned by .Mr. Lynch. Later til*.' were put in from Gillespie Street west to the spring branch under the Walnut Street extension by the county commissioners and the city acting together, and later still a line of tower tile on each side of Walnut Street west from Indiana was connected with the tile first laid. This also failed to damage Mr. Lynch. Some six years ago certain property owners and corporations in Greencastle, with the knowledge of the city, but without its authority, connected sinks and cesspools with these drains, and as a result the outlet of these tile at the west end of Walnut Street became offensive. The odors reached Mr. Lynch’s residence, annoyed him and his family and materially decreased the rental value of the property. Further the spring and spring-branch on the property
south of the street were contaminated and the water rendered unfit for the use of cattle. The connections of the cesspools and the sink drains were covered and not vlsiable. They were not made by the authority of the city, but seemingly with the knowledge, at least in some instances, of the city. Such were the facts Judge Hawley finds to have been proved. The attorneys in the case will now argue the law as related to these facts, and after hearing the argument Judge Hawley will give his final decision in the case.
INTERURBAN HAS TROUBLE
I ho Defendants in the Suit for Violation of the S|M'ed Ordinance in Brazil, Secure a Change of Venue.
CHARLES YOUNG SENTENCED
HUTCHISON TO RE TRIAL JUDGE
New Plan for Gold Coin.
The United States mints have begun the coinage of a new $5 gol l piece struck on a different plan fron any heretofore coined in the world. It follows an Idea of many bankers, that to permit the coins being pile! to a uniform bight, a high or strong relief might be obtained by depressing the design below the surface of the coin, instead of raising it above, as usual in all coinage operations. Tills provides a flat’field and a uniform thickness, the flat surface taking all the wear and thus preserving the relief. The same design found on the $2.50 pieces is being used on
OePAUW TOP NOTCHERS
The Methodist Eleven Make it Hard Fight and Goal From l*laeenient Is Followed by a Touchdown, to The Disgust of the Quakers.
STRENUOUS TIME IN LAST HALF
Brazil Plasterer Accused of Assault With Intent to Kill at ivoachdale Last Summer Pleads Guilty Before Judge Hawley.
FOUND GUILTY OF ASSAULT ONLY
This morning Charles A. Young, better known as "Ab” Young, of Brazil. was before Judge Hawley in the circuit court charged with assault and battery with intent to kill. Young is the Brazil plasterer who stabbed his partner with a knife in a drunken brawl in Roachdale last summer. The man who was injured lias recovered, and this morning this fact was reported to the court. The plea of not guilty made when first arraigned was withdrawn. Prosecuting Attorney J. P. Hughes moved the nolle pressing of the intent clause of the charge. This left the charge simply assault and battery. To this the prisoner pleaded guilty. He was, therefore, found guilty by the court. He was Lentenced to pay a fine of $50, and to be confined six months in the county jail, and all the costs were assessed against the defendant. The jail sentence was suspended during the good behavior of the defendant.
The Terre Haute, Indianapolis & Eastern Traction Company took a
< hange of venue in the case brought | the new |5 be& ; n ~
l>\ the city against Fred W. Laflin, conductor, and Henry C. Paruell, niotonnan, who are charged with violating the city ordinance fixing the speed of the cars at six miles an |
hour.
Laflin and Parnell, who were the|>|i 0 u,,. n a r of (’lay County In Regard
crew in charge of the car which was
“In God We Trust” motto.
JUDGE HAWLEY'S NEW RULE
exceeding the speed limit and was kicking up the dust along National avenue at the rate of about 20 miles an hour when Chief McMillan nabbed them, did not appear for trial this morning as the attorney for the traction company served notice that a hange of venue would be taken from Mayor Shattuck and it was not ne essary for the defendants to ap-
pear.
Mayor Shattuck venued the case to Attorney Hutchison, who has been eon.-tituted a special judge to hear this ease. Attorney Hutchison will have a consultation witli the attorneyt for the traction company and City Attorney Herr before setting the* case down for trial. A special city judge lias not yet been selected for the nineteen other cases pending against the traction company for violation of the city’s traction ordinance. Change of venue was taken in these cases some time ag >, but Mayor Shattuck has not yet
To the Removal of Papers on File In Causes Docketed in That Court —The Old System of Taking and Not Returning Snell Doeunieiits is
To Be Stopped.
Richmond, Ind., Nov. 14.—Earlham gave DePauw one of the fights of its life on Hied Field this afternoon, ultimately going down in defeat but fighting every inch of the
way. The score was 10 to 0.
It was not a surprise to the Earl-
ham supporters that DePauw did not I
run up a large score, as the Quakers
had a strong lineup in the game. At THE BEST MEN FOR OFFICIALS the end of the first half neither side : had succeeded in scoring, although I Governor-elect Thomas
both teams alternated in
FAILURE TO OBEY IS PUNISHABLE
The Brazil Democrat of Saturday says: With the closing of the October Term of Circuit Court this afternoon, local attorneys were hustling around, getting their papers on file in compliance with an order from Judge Hawley that all papers pertaining to any case on file, must be placed on file and net removed under any circum stances. Some attorneys have made a practice of taking complaints and other papers off the file and paying little attention to them and in this way
Sons of American Revolution. The Indiana Society of the Sons of the American Revolution will hold the first of a series of monthly meetings in Indianapolis this evening. The purpose of this society is to bring together the descendants of those, who by their valor and persistence, made possible this great great country of ours. A further object is the propagation of a spirit of veneration for the glorious deeds of our ancestors. A year book has just been published, giving many facts of interest concerning the organization.
many valuable papers have disap-
luen able to make up his mind *ho| 1)earpJ whlch has proved embarrass-
to appoint to act in these cases. G. S. Payne served as special judge in the only one of the cases brought j ngainst the traction company which
ing to parties interested in those
matters
To put a stop to this practice and prevent papers from disappearing in
a
of as soon as possible.—Brazil Deni-1
ocrat.
• e 0 s t 1
Shoes of Comfort Quality And Style™ For men, women and children V 'B'11 notice tlmr w* plaup the wo’d comfort first in the he ad in 1;—then quality— then style - And you'll find all three in the Shoes we are ready to show you always in our Family Shoe Store. The constant growth of \early sales in our Shoe Store and tire repeated coming back for Shoes by for purchasers 1 s gratfving to us—because— it indicates that we are selling Shoes that are satbfa d try 10 the wearers—j And whether you think of comfort first oi whether you think of th i looks of the Shoes— We t^ive you io every purchase of Shoes Comfort -Quality and Style— If you are not acquainted with us in our Shoe Store —this is an invitation to you to see in our Shoe Mort—It costs nothing to look.
Shoe airings are free al-' ways to purchat..ers of our .Shoes.
Allen Bros-
has been tried, and Attorney Payne the future> Judge RawIev nia , lP flned the traotlon '•“"Tarn flOO »<"i Il( . w n „i„,. that papers after they are costs for Violating the speed ordln- once niugt never be taken off ()f
the file. This order will require all
it is likely, howe\er, that Mayor attorneys to prepare a duplicate of Shattuck will appoint a special a || ( . aB ,, s they file so that the original . caaesln the near fu- wni . lhv . 1>s be on flle j,, circuit tnre and that they will be disposed I c our t
In order to keep some sensational divorce suit of other case away from the newspapers, attorneys have made it a practice to take the complaint off of the flle as soon as the case has been filed. Under Judge Hawley's new ruling this will be impossible as
.. ,, * * I the suit is a matter of public record
Oscar (). Dorsett of Cloveruale I las soon as it is filed and the com-
Township is Accused of Vottng | plaint mu8t b(1 left on flle
Without a Residence of Sixty Days
In the Township.
ILLEGAL VUTING CHARGED
POLICE COURT NOTES
WAS AWAY ATTENDING SCHOOL
This afternoon the circuit court
took up the ease of the State against Omar O. Dorsett, of Cloverdale ^ownshlp, charged with illegal voting It appears that Mr. Dorsett was away from home attending e hool He did not attempt to vote where lie was at school, but returned to his home, as he supposed. His vote was challenged. He insisted on casting his ballot and afterward an affidavit was tiled charging illegal voting in that the defendant had not
been do days in the fownship. A jury was secured shortly after 2
o’clock, and the case was not completed at the time the Herald went to press. Prosecuting Attorney J. P. Hughes and County Attorney James and J. F. O'Brien of Cloverdale represent the state. John P. Allee and S. A. Hays appear for the defendant.
Registered Mail Ruling. An order recently issues by the Third Assistant Postmaster General says that registered mail must not be delivered to any person other than addressee, not even on his written order. If it cannot be delivered to the person addressed it must be returned to the sender or disposed of, according to the regulations applied to undelivered registered mail.
POLICY GF GOV. MARSHALL
HAS AN EXPENSIVE VOICE
It Cost the People of the United States, by a Conservative Estimate, $M<U>Hn,ooo to Talk on Last November 3. •
REPUBLICANS SPENT $1,000,000
Hi' s.< iermines That so Far as he Has Power the Administration of Pile Affairs of the Slat*' Shall he Marked With Honesty and Ability.
Mar-
working ^ shall lias announced that two prom-
the ball into the danger ground of inent pointe In his first message to
the other.
Many spectacular plays were pulled off In the first time out by both sides. Beebe and White each made
gains of forty yards for the Quakers j recommendations, although,
and Grady and Dennison figured aggressively for the Methodists. Captain Harrell of Earlham was forced to quit the game on account of hi. bad knee. He played a wonderful game in the short time that he war in.
the Indiana Legislature will be as
follows;
“I have not had time as yet,” said he "to consider fully more than two
of of
curse I shall have a number
! others.
"I want to give the legislature an I opportunity to put every officer on a | -alai y basis. I want the members of the legislature in fixing salaries, if [they will, to pay the man for his services to the state, and not for his
In the second half both teams |ability as a politician,
came back with energy and De thlnk there ought to be some Pauw s quaitei back, Overman, made j yuiform ystem of bookkeeping and
a place kick from the forty-yard line that 80me Illetho( , ahoilld be d e V ised s,ate there are peo,,le who are > ,1{>a8
that scored the first marker. In the] of ( . hecklng up once a year to 8ef ,
Vox Populi.
"! he voice of the people. Word comes that a conservative estimate of tin* cost of the election just past was in the neighborhood of $ so,000.000. These figures are enormous and seem preposterous, when viewed in the light of the expenses of each precinct and county when commissioners met to allow the claims of judges, clerks, and others serving in an official capacity at the polls on
election day.
Those serving on election day who received pay for their services do not make up the whole list of expenses toward election. It is said that the Republicans spent at least $1,000,-. "00 toning the voice of the people. The Democrats spent a big fortune for any common man and they do not deny it. Another small fortune was spent in instructing the voice by t; aii. Most every official of county, si ite and nation spent something in tlii:. election. The cost of the elecliou In the smallest, state, it is estimated, would run close to $40,000; in every county around $ 15,000, and
in many cities $50,000.
But the voice! Didn’t it sound well in Indiana? Everywhere in the
last five minutes of play DePauw made a touchdown by sending Dennison through on a line buck. Over-
man kicked goal.
Overman was the stay for the Methodists in his half, while the tackling of Hines for Earlham wa spectacular. Hines went in the lai.t ten minutes of play and had no chance to show iwhat he could do In carrying the ball. C. Jones was a marvel at running back punts. Line-
up and summary:
Earlham Position DePauw
ed with the still re-sounding echoes,
.hat the expenditures are legitimate Tll,> ‘"‘"P 10 arP P U ‘ a8<!d with ,heir
and economical.” Mr. Marshall said that further than this he did not care at the present time to discuss his coming message. When asked what rule lie will follow in choosing his official family, he replied; “Appointments shall 'be made first in the interest of the people of the slate and next in the interest of the
voice even if it does cost a great big
fortune to hoar it.
STATE HEALTH BULLETIN
Democratic party. The only way
Francis, Furnas R-E Whistler I know to U8 sist the party is to select „ nA ,
Swaim R-T Harmon | tk® vt ' r y b 08 * nmn to hold the offices.
Denh’m, Johns’n R-G Ward Stanley Center . . . Lawrence Walthal, Lewis L-G .... Whitehall' Lindley L-T Dewey Beebe, Reagan L-E Jacks>n C Jones, Hill . Q Grady, Overm i
J. Jones 1 , Beacheler,
Hines R-H Bee. White Full .... Delink )
Harrell,
Haworth . . . L-H
I do not believe there [way to help the party.’
is any other
TRIED FOR INTOXICATION
The State Board of Health has just issued its monthly bulletin for September. The bulletin shows that the number of deaths in Indiana during that month was 2,755. In the corresponding mouth last year, the number of deaths was 2,751 and In
Some
important causes of death were; Consumption, 318, of which 263 were of the pulmonary form; typhoid fever, 118; diphtheria, 20; scarlet fever, 5; measles, 1; whooping cough, 21, pneumonia. 93; dirrheal diseases, 302, cerebro-spinal meningitis, 14; influenza, 5; puer-
Last Saturday Sherman Nelson bought a bottle of strong water and took it to his home. He laid the bottle away, and when he went to look for it Sunday morning it was missing. He at once accused, his wife of hiding it, and although she professed profound ignorance of the whole matter, he refused to be convinced, and gave her a sound beating. Maruhal Reeves was summoned to the scene of conflict and placed Nelson under arrest. His hearing was set for this morning, but his wife, the chief prosecuting witness, failed to appear. Nelson is being hold on a suspended sentence filed against him, until ills wife is heard from.
This afternoon, in the City Hall
Thomas Bridges of Putuamvtlle, was j peral fever, 7; cancer, 159; violence,
tried before Mayor Hays on the'217.
charge of intoxication. Bridges was I
Greens! i I arrested and brought before the (’oiiinieicial Clubs to Meet.
Touchdown. Dennison. Goal fr >i i Mayor on the 29th of last October, field, Overman. Goal, Overman. R ' n,. refused to plead guilty and the eree, Endsley of Purdue. Umpir trial today was the result. The case McKinney of Indianapolis. Hea i j was not finished at the time of going
linesman, Hadley of Michigan. Tin |to press.
of halves, thirty-five minutes.
November Term Begins This Mori ing With .Many Attorneys l*resi i And .Many Cases Set For Tii<-.i Fut-ly in the Term.
SECRETARY SUCCEEDS HIMSELF
INITIATION AT BARNARD
Fred A. Sims who was elected on the Republican ticket at the recent election, by a plurality of 492, will succeed himself In office tomorrow, as his present term of office expires on the 16th of November. The term of office of the Secretary of State is
The boys of Greencastle Encamp-1 two years. This will he Mr. Sims’ nient. No. 59, that went to Barnard | second term,
Saturday night to give the degrees in that branch of the order came home and report a jolly good time, re-
el vil Service Examinations.
An examination for coal-mining
turning home on the Monon Sunday (engineer, in the Geological Survey, at at 2:30 a. m. Those making the L salary of from $2,400 to $3,600 a trip were Frank Butler, G. W. Conk-j year, and an examination for statin, Will Jones, Clarence Shake, j tionary fireman for the Indiana serJohn Friend, Oscar Williams. L. W. vice, at $420 a year, will be held in Kesslar, Harry Steeg, Ralph Smythe, Indianapolis tomorrow. Information Frank Davidson, E. E. Green. Ed. I in regard to these examinations and Huffman, John Oook, C. H. Meikol, I application blanks niiiy he had of H. F-ank Crawley, John Welch, Jesse K. Mllhouae, Federal Building, IndGrogan of Limedale. | ianapolle.
HE CIRCUIT LOURT OPEN'S
Notice. F. E. Green having sold his inter
Representatives from more than half a hundred Commercial Clubs are expected to meet at Richmond, November 18 and 19. for the purpose of forming a federation of commercial bodies of Indiana. A good program has been arranged and will be carried out. Among other notable
est in the West Side Drug Store here- visitors will he Gifford Pinchott, by requests settlement of all ac-.chief of the United States Bureau of counts. Accounts may be paid at tie Forestry, who will deliver an address old stand. Respectfully, on “Conserving the National ForAtJ Badger & Green, lests.” i
Circuit Court opened for the Ni vember Term this morning. Jm’ig Rawley came up early, the court re porter was present, the Greencat-tle and Putnam County bar was on hand and Hendricks and Clay Counties were represented among the attorneys present. After some preliminary work such as filing amendments to complaints, filing answers, etc., tie state cases came before the court and will be disposed of at once.
Relics of Civil War Days. On account of the low water of the Ohio River near New Albany, this state, the ship Alice Dean, which was sunk by Gen. John Morgan in July 1868, is exposed to view. As a result many relie hunters have carried uiway pieces of the white oak timber of which the hull is constructed. Many of these pieces of timber are made into canes and other relics which are finding a ready sale.
House for Rent—on West Franklin Street, city water, good cistern, good barn. Telephone 460. T. J. Haltom. it
What We Do Act as your agent in any business matter. Act as guardian for your children or friends. Act as assignee or receivers. Act as alministrator or executor of esta'es under
wills.
Act as trustee in case of any dependent benevolent or other object you may wish to provide for. Sell you a farm, it home or a business
Make sure by company bonds.
.Loan jou money on real estate for long or
time.
Insure your property against fire or lightning. Pay you 3 per cent on al! your savings. And guarantee satisfaction in al! our dealings
you
.The Central Trust Co.
short