Indianapolis Journal, Indianapolis, Marion County, 10 March 1883 — Page 7

THE DAY’S RAILWAY NEWS. Facts of Interest Regarding the Lease of the N. Y. t P. & O. ♦he E. Sc T. H. Said to Have Scooped In tlie Straight Lin®—Another lait--I'reight Line. Personal Points. George Blanchard, vice-president of tlio Erie, *alls for Europe one week from to-day. J. J. Turner, superintendent of the IndianapoJts 6t Vincennes road, has gone East to be absent ien days. Thomas McGill, Western agent of the Central railroad, of Georgia, who can count his friends by the hoßdredSfls in the city. John F. Miller, superintendent of the P , C. <fe 9t L., is in the city, and with subordinate officials will to-day make an inspection trip of the road between Indianapolis and Richmond, Ind. W. A. Corrill has been appointed contractin': agent of the freight department of the Louisville, New Albany & Chicago railroad at ChicaK, in plaoe of A.E. Sherman, transferred to Layette. General Passenger Agents E. St. John, of the Chicago & Rock Island, and District Passenger Agent P. Griffiu, of the same line; S. K. Hooper, of the Hannibal & St. Joe, and J. G. Everest, or the Chicago, Milwaukee fc St. Paul, are in the Hr. O. W\ Rugtrlea, general passenger agent of the Michigan Central road, is in the city. Mr. Rugbies, who now ranks as one of the best passe.n<ger men in the country, commenced as an officeboy on the Ohio & Mississippi in 186, then took * clerkship m the passenger department. After a few years he went on to the Missouri Pacific, then the Bt. Louis <fc Iron Mountain, each move stepping to a higher position. About one year and a half ago he •ccepted his present position, and under his able management the passenger revenue of the Michigan Central in 1882 was pushed up to £4,000,000, which was|ssoo,ooo ahead of the •Minings of this department in any former year. Local Notes. Master Mechanic Lupa, of the Bee Line shops, firighewood, has just turned out, rebuilt tnoronghiy, No. 137, which is equipped with all modern improvements, and one of the best passenger engines on the road. The Cincinnati, Indianapolis, St. Louis <fc Chi•ago management has ordered two elegant redlining chair cars built, which are to be run between Louisville and Chicago. The old recunmgchniroars are to be put on to run between Cineinnatl and Seneca. Roadmastcr Henry, of the Indianapolis A St. Louis, is placing in position at the Terre Haute gravel bank two steam shovels, and next week •tx gravel trains are to be placed on the road to distribute gravel along tha road both east and west of Terre Haute. Ten miles additional of steel rails are to be received this month. An expert railroad man who recently passed over the Wabash road states that the poor condition of their track is due to the seduction of the section men last year, 3,000 or more on all divisions Now, on the whole system, there is bur one-half of a man to a mile, or two men to four nnles, and it is impossible to keen the track in order with so limited a number of ruen. A party of English capitalists who are interested in several Western roads have opened a correspondence with the parties who own the Bedford, Springville. Owensboro & Bloomfield road as regards the purchase of the property. Tb-se capitalists are already Interested in tho Effingham & Sullivan mad, and wish to secure as well the 8., 8., O. <sr B. The Indianapolis Rolling-mill Company, which, to all intents and purposes, own the property, has offered it, it is stated, for $300,000, whtoh is certainly a low figure. M. J. Becker, chief engineer of the Pittsburg, Cincinnati A St. Louis system of road, who Ims been in the city the greater part of the week, left for Columbus yesterday. He states that as •oop hs the elevator which Is now being leveled to the ground is out of the way, work will be commenced on tho new city transfer depot, the company having decided to locate it where tho elevator stood. Work, as well.will he commenced on the new shops near the Deaf and Dumb Asv--lum, at an early day. Plans for the depot and •hops have been fixed upon and the material ■with which to construct them purchased. But. few persons are aware of the fact, yet is true, that, the bonded indebtedness of the Indiana, Bloomington <k Western is light, as compared with a majority of the Western roads. On the middle, division. 140 miles in length, the bonded debt is $3,000,000 From this in to he deducted equipments valued at $1,000,000, nearly all new. On the Peoria division the bonded debt is $5,000,000; there are 202 miles of road; from thin is to be deducted equipments valued at $2,000,000, Os the $1,000,000 of bonds issued on the Peoria division to pay the back-pay claims which the new company assumed, but SOOO,OOO has yet been used. The company has no floating debt. One of the most singular features of eastbound traffic tho last four months has been the immense shipments from Missouri and Kansas of appies. Train loads have been shipped from Missouri to New York. Over 1,000 car-loads have come East over tue Vandalia, and fully that number over the Indianapolis A St. Louis. Over 300 car-loads have been received at Indianapolis. They ate shipped from points on the Missouri Pacific and the Atchison, Topeka <fe santa Fe in hulk to New York, at a cost of about thirty cent* per bushel, and to Indianapolis at a cost, of only 17 cents per bushel. Four hundred and fifty to 500 bushels are loaded in a car The mild weather of a few days past has largely increased the shipments. A general freight agent of one of the lines states that never before has his company derived any revenue from shipments of apples eastward, the movement in former years having been westward. General News. Th® Scientific American says the haulage of American railways now employs over 17,000 -locomotives, aud the aggregate cost to rnn tnem, 4uel, water, oil, repairs and labor, is about $90,00<,000. or not far from $5,000 a j'ear for each machine. The item of fuel alone is $33,000,000, but the greater portion of this fuel is practically' wasted. A fast freight, line (as a set-off against Vanderbilt’s merchant’s dispatch) west over the Pennsylvania railroad has been established, which js known as the ‘‘time” freight. By this train merchandise is guaranteed to arrive at its destination at a certain time. In case of failure on the part of the company, a rebate is issued in favor of the consignees at a rate in accordance with the length of time the freight is delayed. A few nights ago thi9 train ran from Jersey City to New Brunswick, a distance of tlilrty-two miles, with twenty-five oars, in one hour aud eight minutes. FROM CAL.ua TO ROMS. London Telegraph. A much-needed reform, fthd one that will be a great boon to continental travelers, is about to be Instituted by the Pullman Car Company, who srill commence running a service of through cars from Calais to Rome. By thi6 welcome innovation the frequent, compulsory breaks of the Journey ami change of carriages will be avoided, and the passenger to Rome, when landed on the French shore, will be enabled to make the journey to the Italian capital without interruption. At preseut no such complete service exists in any part of Europe out of Great Britain, the only approach to it being the special Indian mail, running direct to Brindisi without change—an f dvantage which Anglo-lndiau travelers know ull well. •THE CONDITION UPON WlirCll 1115 WILL ACCEPT. TUere is the best of authority for stating that J. B. Carson has agreed to take the head of affairs on the Wabash system of roads providing Jay Gould will let him commence with a clear financial record, or In other words, lie wants Jay Gould to pay the floating debt—ss,726,s7o—before he takes hold. Mr. Carson wants surplus (moneys to improve the roadbed and equipments ■with. Tlie fact is that there is not a division ot 1 lie Wabash system, unless it be the Detroit & Indianapolis, that nas not been neglected, and • n physical condition much worse than two years ago. This remark may not apply strictly to equipments, but it will to the roadbed, and large purchases of steel rails, cross-ties, new bridges, etc., will be a necessity whether Mr. Carson takes hold or not. RUMORED SALK OF THE STRAIGHT LINE. The impression prevails In railroad circles lhat the EvunaviUe <fc Terre Haute company is about to, if it has not already, soooped in the Indianapolis <fc Evansville Straight Line, and flome think that tins movement, kills the building of the road further north from Evansville than the Ohio Sc Mississippi road, while others think that the Mackey syndicate will without ifnlay push the road on to Indianapolis. Presi-

dent Hervey was in Evansville Thursday, and in a chat with a uewspaper reporter gave the latter the information that something of the above character was to bo brought about. He remarked that he was in Evansville for tho purpose ot learning something himself. His rcsig nation as manager of the company had been tendered some time since, but up to this time had not been accepted. He had many other important projects in view, and he did not desire to spend tlie spring awaiting an answer. He wanted to know what they were going to do, and expected a reply daily. The reporter of the Tribune then called ou Mr. Mackey. That gentleman said that the rumor was only a rumor ns yet, but that the chances were that there would soon boa change in the board of directors of tho Straight Liue road; that Mr. Burkham. former president and director of the road, had resigned, and those vacancies would be filled as soon as a meeting could lie had here. They were only waiting on Mr. Joseph Collett, who represents the holders of the Straight Line bonds, and that gentleman is now at Indianapolis attending his sick brother. Mr. Mackey said, however, that he knew nothing definite as yet, but develop rnents would probably be made m a tew days. VIEWS OF AX OUTSIDER. A railroad man who la not in the employ of the Union Railway Company, but who is well posted as regards the affairs of the company, yesterday remarked that he is favorably impressed with the proposition of J. N. McCullough that there be a man appointed at a good salary, whose title should be vice-president aud general manager, to look after the business geuj erally of the Union Railway Company and Belt road; he thought a decided reform was needed in several departments. There should be better methods by which people could obtain information. He thought, after investigating the matter, that much of the complaint of leasing lines that, they were discriminated against at the Union railway ticket office, if true, was not Intentional on the part of the ticket 1 agents, most of whom were lads and did the I best they could. He doubted if there was ati- ! other ticket office in the United States where the sales aggregated as largo as at tlie Indianapolis Union Depot that boys and young men of little experience were employed as clerks, and so few in number in proportion to tlie business done. He thought that Mr. Douougu was honest and meant to treat all roads fairly, but the company was penurious ami would not allow him to pay salaries which would secure men competent and properly posted as regards the railroad systems of the country to sell tickets and give Information necessary. In fact, bo said some of the clerks today did not know what tickets they had on sale which read to distant poiuts. The police system at tlie depot was fair, which was evident from the fact that there were not more people injured or kilted there, yet some of tho policemen were sometimes to snappish in their answers to parties who asked information. As regards train-directors, he said here was another place where cheap men were employed and annoying mistakes were made daily in directing people to trains. The baggage department, which was formerly a rotten institution, he looked upon as now being one of the best systemized in the country; he thought, however, there were not men enough in this department. What be wanted was to see the Union Railway Company rise up to the situation, build a depot aud give accommodations such i.a so important a railroad oenter needed. AN OFFICIAL STATEMENT. P. A. Lewis, Western manager of the Eric fast freight lines, who has just returned from New York, states that the lease by the Erie of the New York, Pennsylvania <fe Ohio has been signed, but must yet be ratified by bond and stockholders of both contracting parties. He thinks it can but meet with their approval, as the N. Y., P. & O. have got all they asked for. Mr. Lewis, trustee of the English bond and stockholders, sailed for England Wednesday last, expecting that a meeting of tlie company would bo held early in April. It is understood that tho other trustees, to whom he had sent by cable the general terms of the agreement, signified their approval before his departure. President Jewett, of the Erie company, expresses little doubt that tho lease will be ratified by the company. The Erie road is to be allowed under tho terms of the lease 68 per cent, ot the gross earnings of tlie road for operating it. If, however, the operating expenses shall at anv time fall below 65 per cent, tho difference is to belong to the Erie company. In other words, the maximum percentage of the cost of operation is fixed at 68, aud the minimum at 65 per oent. of the gross earnings. The Erie is to give* the leased line 65 per cent, of its Through business West-bound and 50 per cent, of its through Eastbound traffio. From this provision of the agreement there are excepted any business to or from Canada and any originating at local points on the Erie road. These proportions are about tho same as those actually made by the exchange of traffic last year. In fact the business of the two roads in 1882 Ims been made tlie basis on which the terms of the lease have been arranged. In ascertaining tlie grows earnings of tlie leased liue, both roads are to be allowed certain terminal chargee, which it has been agreed for mutual convenience shall not exceed one cont per hundred pounds. After these deductions tho receipts from through business are to be divided pro rata between tlie two companies. Out of the 3 per oent. of the gross earnings which the New York, Pennsylvania & Ohio oompany is to receive it will pay its interest, rentals and other fixed charges, and complete tlie reduction to standard gauge of the equipment of the road. Tho Erie does not guarantee any of tho fixed charges on the leased line, but agrees only to pay the agreed proportion of the gross earnings upon the condition of a certain division of tue business of the two roads. THE CITY IN BRIEF. The Marion Circuit Court will adjourn to-day. The Htate-liouse contractors were yesterday paid $2,694.70 for work done on the building during February. Mettle Pariseau was, yesterday, granted a divorce by Judge Adams, from Zotique Pariseau, on proof of cruel treatment. Charles H. Davis and Mary McDaniel, and Daniel Hughes and Sarah Hosier were granted marriage licenses yesterday. The expenses of the Insane Hospital during February were for maintenance $17,310.44, repairs $321.33, and clothing SB2B 05. On Sunday night Mr. Bradley will speak of “The Creeds,” iii Christ Church, giving their history aud their application to modern religious thought. Judge Howe, yesterday, granted the petition ot Ella O. Turner for a divorce from Arlsto Turner on proof of drunkenness, cruelty and abandonment. Anna Drew lias applied for a divorce from Charles M. Drew’, alleging drunkenness and failure to provide. She asks for $2,000 alimony and the custody of their child. The putties were married in 1878. Jennie Blizzard has filed suit for divorce against John M. Blizzard. She alleges that tho defendant was receutly convicted of assault and battery with intent to kill aud was sent to the penitentiary for two years. Import duties upon goods received in tide city were paid to customs collector yesterday by Ho’weg & Reese to the amount of $161; the Indianapolis Glue Company, $54; Charles Mayer, s6l, and Kipp Brothers, $l5O. The North Vernon Building Association filed articles of incorporation with the Secretary of Btute yesterday. The capital stock is $50,000, and the directors are George F. Welmrg, W. S. Prather, William H. White, T. E. Little. J. R. Robinson, Charles Gainer and Joseph P. Cone. A Case in Point. Near the close of the legislative session of 1875, a bill concerning the power of county commissioners in regard to public printing was passed, but did not get to the Governor (Mr. Hendricks) until tlie day preceding adjournment. A stroug effort was made to get him to “waive his constitutional privilege,” as it is called, but Mr. Elcudricks, after examining carefully into the matter, decided that the Governor could not consider a bill that was passed on the last two days of a legislative session, and wrote a message to that effeot, which is now lu the records. This is eminent Democratic authority on the question that lias lately arisen regarding Governor Porter aud the general appropriation bill. Y. M. C. A. Notes. Rev. J. N. Board will give tho exposition of the Sunday-school lesson at the teacher’s meeting In the chapel to-day, at 12 o’clock; subject, “The Seven Chosen,” Acts, vi, 1-15. W. 11. Hobbs will preside at tho chapel meeting tomorrow at 4 o’clock. These meetimrs arc intended to lie entirely informal, anil ure always very interesting to those who attend. A lame old lady t Keyaer, Had no one to advise her, ’Till Doctor John Boyle, Tried Sr. Jacobs Oil, It- action did simply surprise her.

THE INDIANAPOLIS JOURNAL, SATURDAY, MARCH 10, 1883.

RECORD OF THE COURTS. Proceedings in the Various Courts of Record, Yesterday. Full Abstract of tlie Opinions Rendered l>y the Judges of the Supreme Court Work in tlie Local Courts. Supreme Court —March S. PETTING OFF JUDGMENTS —MUTUALITY. 9.738. James Cosgrove vs. James Cosby. Daviess C. C. Bickneil, C.—Motion to set off judgments. Appellee averred the recovery by Trip and others of a judgment acaiust Cosgrove Sc Trantor, part of which had been assigned to appellee; that Trantor was adjudged h bankrupt; that Cosgrove recovered a judgment against appellee. The motion was to offset these judgments. By the bankruptcy of Trantor the judgment against him ami Cosgrove became substantially the debt of the latter alone; he only was liable to pay the whole of it, and tlie part assigned to appellee ‘was a proper subject of equitable sot-off against tlie judgment held by Cosgrove against him. (17 N. J. Eq.. 219; 79 Ind., 37; 27 id., 384; 2 Paige, 581.) The bill of exceptions shows that the judgments were read in evidence, hut they are not copied in the bill nor referred to, with a place for insertion. The evidence is not, therefore, lu the record. (72 lud., 482: 76 id., 161.) Judgment affirmed. RELEASE OF SURETY —JURISDICTION. 9,990 Eliza Gipson vs. Matilda Ogdon. Hendricks C. C. Franklin, C.—Complaint by appellee to have a judgment against her aud one Lackey deciarod null and void as to her, for tho reason that she was surety on the note, ami after judgment the plaintiff took a chattel mortgage from Lackey on property more than sufficient to pay the judgment extended to him of payment, and afterward suffered him to dispose of the property, with full knowledge of appellee’s suretyship. Tne taking of the mortgage was a sufficient consideration for the agreement to extend time. Tins action was not to settle the question of suretyship, but to be released from liability to the creditor. It was not necessary, therefore, to bring the action in tlio same court in which the us recovered. Judgment affirmed. UTILITY OF HIGHWAY —OPINIONS OF WITNESSES. 10,089. James Boshbaugh vs. Byron Birdsell. St. Joseph C. C. Best, C.—Proceedings for the location of a highway Two witnesses, after they had testified to the location of the road, the nature of the soil, amount of grubbing and grading required, probable expense, etc., were permitted to say that they did not think the road would lie of public utility. This case does not fall within any exception to the general rule that witnesses cannot express opinions. There was no difficulty in putting the jury in possession of all the facta pertinent to tlie inquiry, and they are supposed to be as well qualified to express an opinion from the facts as the witnesses. (4 Glbene, lowu, 148; 35 Ind., 54; Hugaman vs. Moore, 41ns term.) Judgment reversed. SPECIAL FINDING —PRACTICE —USURIOUS INTEREST. 9.709. John Kepler vs. Benjamin Conkling. Henry C. C. Bickneil, C.—lt is not tho office of a special finding to liml expressly upon the issues, but to find the facts proven within the issues. If the court ought to have found facts which are not found, the remedy is by a motion for anew trial, on tlie ground that the finding is contrary to the evidence. (73 lud., 95.) 2. Tho act of 1879, concerning interest, by its terms doesjnot apply to existing contracts, and the usurious interest having been paid prior to the taking effect of said act, the case was governed by the act of 1861, and defendants were not eutitled to recover it back. (80 Ind., 42; 59 id., 483.) 3. Where an iuferrenoe may properly lie made from the facts stated iu a special flu ding, that construction will be adopted which \% most favorable to the party against whom the finding was made. (68 Ind., 115.) But tlie finding is so indefinite and uncertain in this case that it is impossible to say whether the theory of tlio appellant or that of the appellee is the correct one. The motion lor anew trial should have been sustained. Judgment reversed. BILL TO REVIEW JUDGMENT —DILIGENCE. 9,100. Malinda Debolt vs. William P. Deholt et al. Randolph C. C. Black, C.—-Complaint by appellant to review a judgment for now matter discovered sinoe its rendition. It is alleged that appellant was deceived b.v her husband into signing a mortgage which embraced among other property certain lots in Union City; that as read to her the lots were not contained in tho mortgage, and that In fact the description was by sonic one changed by interlineation after she had signed it; that whou suit was brought on the mortgage her husband entered appearance and filed auswers for himself and her without her knowledge or consent, and that she did not learn that tlie mortgage covered said lots until after the property had been sold under tlie foreclosure decree. In such a case tlie complaint must show by facts alleged and not by mere averment in the words of the statute that the now matter could not have been discovered by reasonable diligence before the rendition of the judgment.. (58 Ind.. 418; 69 id., 577; 51 id., 585.) Appellant was notified of tlie institution of the suit to foreclose, aud must be regarded as chargeable with whatever in formation she might have obtained from the papers, proceedings and evidence in the action. Blight inquiry would have shown what real estate was involved m the suit. Nor is there any averment That she was unable to read tho mortgage, or that she was prevented from doing so. The complaint fails to show proper diligence A married woman duly notified of the pendency of an action against her is not relieved by her coverture from the necessity of settingup any defense which she may have, and which, by such reasonable diligence as is required of persons not under disability, she may be able to establish. Judgment affirmed. SUPREME COURT-MARCH 9. ILLEGAL TAXES —DUTY OF CITY TO REFUND. 10,731. lndiauapolis vs. Mary J. McAvoy. Marion S. C. Woods, C. J.—Appeal from a judgment in favor of tlie appellee upon a complaint to recover money paid for taxes illegally assessed. The lots upon which tlie taxes were assessed were in an addition not contiguous to the city, and in 1881 the City Couucil declared tho annexation of the territory illegal and void. It was averred that plaintiff paid the taxes in ignorance of the fact that the annexed territory was not ooutiguoua to the city. Tins was a question of fact, (76 lud., 519). and it was the duty of the city to refund the taxes so illegally assessed. Tho fact that appellee had tlie means of knowing the locution of her lots with respect to the city limits will not preclude a recovery. (56 Ind.. 110; 58 id., 442; 63 N. Y., 455; Korr vs. Fraud & Mist, 415.) Section 3,157, Revised Statutes, that tlie City Council may order such taxes refunded is mandatory in legal effect. (Dwarri’s Statutes, 604; 4 Wall., 435; 36 Wis., 498; 72 Ind., 567.1 It is uot necessary to proceed b.v writ of mandate, but an ordinary action is proper for the recovery of taxes illegally paid. Judgment affirmed OBSTRUCTION OF SIDEWALK —LIABILITY OF CITIZEN. 10,106. City of Elkhart vb. Willard Wickwise. Elkhart C. C. E'diorr, J.—The special verdict shows that the appellee became tlie owner or a lot in Elkhart in 1860; that a well was dug in the sidewalk adjoining this lot in 1852, for the use of the pubilo as well as the lot-owner, and the well had ever since been so used; in 1879 appellant ordered the removal of the pump, and, by agreement with the city marshal, the pump was moved nearer the line of tlie lot, and so remained, with tne knowledge ami consent of appellant. In 18SI Ida M. Kahlor recovered a judgment against the city for injuries resulting from a fall on the ice which had accumulated on the sidewalk adjacent to the pump. Appellee was not liable to the city upon these facts. liv using the pump in common w’lth tlie public, the duty was not imposed on him of keepiug the sidewalk in repair. The pump being for the use of tho public, and having no authority to supervise or oontrol its use, he was burdened with no duty, and where there is no duty there oau be no negligence. Judgment affirmed. PRACTICE —ENTERING EXCEPTIONS. 9.267 Dickson vs. Rose. Allen C. C. Woods, C. J.—The exception to the conclusions ot law upon the facts specially found was not taken until a motion for anew trial had been overruled and excepted to. This was too late. Tne exception must betaken before another step is taken. (3 Ind., 107; 10 id., 363; 63 id., 21.) Judgment affirmed. Tlie following cases were also decided: 10,736. Powers vs. The btate. Alien C. C. Affirmed, ilowk, J. 8,295. School Township of Le.ssburgvs. Plain School Township. Kosciusko C. (J. Reversed. Niblack, J. Superior Court. Room No l—Hon, Napoleon B. Tavior. Judge. Clarissa M. Waiters vs. Isaac Johnson et al. suir tor possession. Finding for the defendant, Bftft of Indiana ex rel. John Martin vs. Albert O. Porter etui. Writ of mandate issued against tho Auditor ami Treasurer of State commanding

them to pav John Martin the sum of $42,000, or sliow cause ou March 13 why they should not. Joseph B. Dessar vs. Jackson King et al. On trial by court. Room No. 2—Hon. Daniel W. Hoar®, Judge. Ella O. Turner vs. Arlsto P. Turner; divorce. Granted. Grounds—cruel treatment, Urukenncss aud abandonment. King Newbar ve. David Hayland; suit on note. Judgment against defendant for $60.00. City of Indianapolis vs. Sarah E. Kersey; appeal from Pity Court o.n charge of disturbing the peace. Ou trial by jury. Room No. 3—Hon. Lewis C. Walker, Judge. George P. Bissell vs. Thomas Watson et al.; suit to quiet title. Finding for plaintiff quieting title in him. A. Naitner vs. Ad. Heretb; suit on replevin. Ou trial by tho court. Circuit Court. Jlon. Joshua tt. Adams, Jude*. Joseph Goldburg, guardian of Abraham Hart, vs. Rosalie Samson; suit to set aside mortgage. Compromised. Nettie Pariseau ve. Zolique Pariseau. Divorce grained. Bailie A. Faukner vs. Moses Long; suit on lien. Ou trial by court. Criminal Court. Hon. Pierce Norton, Judge. State vs. Winchester H. Louden; assault and battery with intent to kill. On trial by jury. An Innocent Man Convicted. The Governor yesterday pardoned George Conley, a youth serving a term of two years’ imprisonment iu the Southern Prison for larceny. He was sentenced at Evansville, July 21, 1882, and he was convicted upon the testimony of a colored man. The boy protested his innocence, and while serving his term the oolored man, who had testified against him, was converted during a religious revival among the convicts in the prison, and confessed that lie had himself committed the crime of which Conley had been convicted. Upon the strength of this confessiou a pardon was recommended by the judge who tried the ease, the prosecuting attorney, the jury and a large number of citizens of Evansville. The Base-Ball Club. The stockholders of the new base-ball club met last night at the Grand Hotel and elected the following officers: Charles Meyer, jr., president; Fred Barnard, vice-president; Dan O’Leary, secretary and manager; H. B. Btout, treasurer; board of directors, Charles Meyer, jr., Alex Hurbison, Louis Nesster, Fred Barnard, Dan aud 11. B. Stout. On Trial for Attempted Fratricide. Winchester W. Landers is ou trial iu the Criminal Court on the charge of assaulting his brother Frank with intent to kill. A part of the evidence was taken yesterday, and was very damaging. One witness testified that the prisoner had told him that he intended to kill his father and brother and then go West. Rejoice, Rejoioe. “He Is Alive Again.” “Was Lost, but Is Found.” Under date of July 9, 1882, Mr. E. B. Bright, of Windsor Locks, Conn., writes a plain, modest narrative, which, from its very simplicity, has the true ring of fine gold. He says: “My father is using Hunt’s Remedy and seems to be improving: iu fact, he is very much better than he has been for a long time. He had been tapped three times. The first time they got from him sixteen quarts of water, the second time thirteen quarts, and fully as much more tlie third time, and he would constantly till up again every time after ho had been tapped, until ho commenced using Hunt’s Remedy, which acted like magic in his case, as he began to improve at once, ami now’ his watery accumulation passes away through tho secretions naturally, and he lias none of that swelling or filling up which was so frequent before the functions of tlie kidneys were restored by the use of Hunt’s Remedy. He is a well-known citizen of this place, and has always been in business here.” Again ho writes, November 27, 1882: “I beg most cheerfully and truthfully to state, iu regard to Hunt’s Remedy, that its use w r as the saving of my father’s life. I spoke to you in my previous letter in regard to his being tapped three times. It is the most remarkable case that has ever been heard of in this section. For a man of his age (sixty years) it is a most remarkable cure. He had been unable to attend to his business more than a year, and was given up by the doctors. “The first bottle of Hunt’s Remedy that ho u-ed gave instant relief. He has used in all seven bottles, and continues to use it whenever he feels drowsy or sluggish, aud it affords instant relief, lie is how attending to his regular business, and has been several months. lam perfectly willing that you should publish this letter, as we thoroughly believe that father’s life was saved by using Hunt’s Remedy, aud these facts given above may be a benefit toothers suffering in like manner from diseases or inaction of the Kidneys and Liver.”

PURE DRINKING WATER. THE GATE CITY STONE FILTER (ani 'jjluaonsai a" 110 ™ Agents wanted. GEO. B. WRIGHT Sc CO. A POSITIVE CUBE FOR TUB BLOOD WOULD Catarrh uln niiPllV' 1 X iL! For five years 1 was a w y fii'fat Hiiiv-irr tp>m (\- A L.T **tarrh. My nostrils W CPrAM were so sen-itive that KM A P cuf**ul% 1 could not hear tho BvsTiasM mloS 'lin I ~,,18t *''* of dust; at MHEAR I times s had the Idouri I *"!' run. at night l could hardly hreutlie. After fixing many rAAi.BABSAO* w, 3£ m tllillgfl w |C, lllllt much appi. 1., ti... intis I finger hit" t hi* nostrils. fMtJin?'lV,:u"" the rj ™ naitl passages of catarrhal virus, causing healthy secretions. It allays inllainniatioii, protects the iiienihranal linings of the head from additional colds, completely heals tlio sores aud restores the sense of taste ami smell. Beueticial results are realized by a few applications. A thorough treatment will cure. Utojii.ed for colds in the head. Agreeable to use. Send foreircucular. Sold by druggists. By mail fiMc a package—stamps. ELYS’ CARAH BALM CO., Oswego, N. Y.

pMsmass g HAS BEEN PROVED £ The SOREST CURE for ® IKIDNEY DISEASES.! Does a lame back or disordered urine indi- • cate that you arc a victim f THEN DO NOT £ HESITATE; use Kidney-Wort at once, (drug- ® gists recommend it)and it will speedily over- u come the disease aud restore healthy action. n | ckHIIOO For complaints peculiar > .c KaCaUI voi to your sox, such as pain J ** and weaknesses, Kidney-Wort is unsurpassed. ► £ as it will act promptly and oafely. ® Either Sex. Incontinence, retention of urine, © • brick dust or ropy deposits, and dull dragging £ O pains, all speedily yield to its curative power. 2 ** 43- SOLD ET ALL PRUSGI3TB. Price $-1. * BMMaNgEgggK A well-known clergyman, Rev. N. Cook, of Trempelean, Wig., gays: “I find Kidney-Wort a sure cure for kidney and liver troubles.” IS A SURE CURE | for all diseases of the Kidneys and I—LIVES?-— ■ It has specific action on this most important ' organ, enabling it to throw off torpidity and j ' inaction, stimulating the healthy secretion of tlie Bile, aud by keeping the bowels in free . ( condition, effecting its regular discharge. BTr.UrIA If you are suffering from ' | R? 1 C* ICBB Ida malaria,have the chills, I are bilious, dyspeptic, or constipated, Kidney- ' Wort will surely relievo and quickly cure. j I In the Spring to cleanse the Syatom, every : one should take a thorough oourso of it. j ' a- SOLD BY PRUCCiSTßg__Price_Sj jM “I-Asi year I went to Europe," says Henry Ward, late Colonel 69th regiment, N. G. S. N. Y , now llviug at 173 W. bide Ave.. J. C. Hights, N. J., “only to return worse from chronic liver complaint. Kidney Wort, as a last resort, lias given me better health than I’ve heretofore enjoyed for many, many years.” He’s cured now, aud consequently happy. c FOR THE PERMANENT CURE OF a \ CONSTIPATION. | No other disease is so prevalent in this ooun- S3 I" try as Constipation, and no remedy has ever ® equalled the celebrated Kidney-Wort as a c E cure. Whatever the cause, however obstinate cc n the case, this remedy will overcome it. s(0 naj PQ THIS distressing com- ® w plaint is very apt to te - 5 complicated with constipation. Kidney-Wort strengthens tho weakened parts and quickly n (S cures all kinds of Piles even when physicians J* • and medicines have before failed. C tj 42- rrif you have either of these troubles "3 < l PRICE 81".“I USE j Druggists Sell * “I will recommend it everywhere,” write* James B. Moyer, Carriage Manufacturer. Mver.stown, Pa, “because it”—Kidney-Wort—“cured my piles.” mmaßßrnga .THE GREAT CUREU • | rOK | |—R HEU M A TIS M— £ _ As it is for all tho painful diseases of the | KIDNEYS,LIVER AND BOWELS. § (3 It cleanses the system of the acrid poison 00 that causes the dreadful suffering- which © 9 only the victims of Rheumatism can realize. > -c THOUSANDS OF CASES J £ of the worst forms of this terrible disease TO have been quickly relieved, and in short time >, co PERFECTLY CURED. g o PRICE, *l. LIQUID OR DRY, SOLI) RY DRUGGISTS. v < 44- Dry can be sent by mail. v WELLS, RICHARDSON Sc Cos., Burlington Tt. * “Mr. Walter Cross, my customer, was prostrated with rhenmatism for two years; tried in vain all remedies: Kidney-Wort alone cured him. I have trieu It myself, and know that it is good.” Portion of a letter from J. L. Willett, Druggist, Flint, Mich. BUSINESS DIRECTORY. INDIANA.POL.IS. ABSTRACTS OF TITLE. ELLIOTT 4 BUTLER,’ SO. 3 TCTHA B cm, nr TO. ATTORNEY-AT-LAW. CHARLES MARTINDALE, Attorney and Counselor at Caw. Prompt attention given to collection* and litiSation in State ami Federal oourts. PATENTS BTAINED. Correspondence in relatiou to patents solicited. Office, .Etna Building. REAL ESTATE AND INSURANCE. ALEX. METZGER’S* INSURANCE and LOAN, REAL ESTATE ami STEAMSIIIP AGENCY. Second Floor Odd-fellows Hall. TRUNK MANUFACTURER. 1.1 ULL ASSORTMENT. TRUNKS MADE TO 1 order. Repairing neatly done. JAMES BOGERT, No. 52 Washington street, Bates House. MISCELLANEOUS. PATENTS! PATENTS? PROCURED FOR INVENTORS. Patent cases attended to. CHARLES P. JACOBS, Patent Attorney. Indianapolis, Ind. Hercules powder, the safest and strongest powder in the world. Powder, Caps. Fuse, and all trie tools lor Blasting Stumps kept by C. 11. JENNE, Sole A&ent, 29 ** North Pennsylvania street. Indianapolis Oil Tank Etna Cos., DEALERS IN PETROLEUM PRODUCTS. Corner Pine and Lord Streets. S A. wsT" W. B. BARRY, Saw Manufacturer, 132 and 13 4 8. Pennsylvania St. Smith’s Chemical Dye-Works, No. 3 Martitidale’s Block, near Postoffice. Clean, dye and repair gentlemen’s clothing; also, ladies’ dresses, shawls, sacquos, and silk ami woolen goods of every description, dyed and re finished; kid gloves neatly cleaned at 100 per pair. Will do more first-class work for less money than any house of tne kind m tue State. JOHN B. .SMITH. SENSATION! We Offer SIOD in Gold Prizes $50.00 $40.00 SIO.OO Iu our Word Contest, on following sentence; Fasliion Bouquet, thr. moat fragrant, lanttufj and popular per/unis iu the mark?*, is manufactured bp Hogan, Fisher it Wi st, of Chicago, and is fur Halt by druggists everywhere. Send address nt once for Ruler? of Com petition. Wo refer to auy wliolosalo drug house in this city. HOUAN, FISHER & WEST, Perfumers. Corner State aml Madison Streets, Chicago . LADIES' VISITING CARDS. NEW STYLES RECEIVED. BOWEN, STEWART & CO., No. 18 W. Washington St,

THE BATES HOUSE, Indianapolis, Ind. REBUILT A.ND REFURNISHED. Conceded to bo the most eligibly moated ana most liberally uiauuged of auy hotel in Indianapolis. LOUIS REIBOLD, Proprietor. RAILWAY TIMETABLE. Trains marked thu r. r. c., reclining chair car; s., sleeper; p., parlor car: h., lintel car. Line) C., C., C. 4 Indianapolis. Depart —New York and Boston Express. daily 4:35 am Uuton Accommodation 6:15 aux Dayton, Columbus and New York Express li:05 am St. lioum, Indianapolis aud Goshen 5:55 pm New York and Boston, daily.. 7:15 pm imtGHTWUOD DIVISION. I>ndy 4:35 am— 2:15 pm Dally 6:lsam ... 3:55pm l>aily 11:05am.... 5:55 pin t . J>“dy 7:15 pin Arrive —Louisville, New Orleans and Bt. Louis Express, daily 6:55 am Elkhart andGosheu Express. .10:50 am South Bend Express ... 2:05 pm Union Accommodation 3:45 piu Boston, Indianapolis ami Hour hern Express 6:05 pin New York ana St. Louis Express, daily 10:55 pin HRXGHTWOOD DIVISION. Daily 4:00 am.... 2:05 pin Daily 6:00 atn ... 3:45 pm Daily 6:55 am ... 5:25 pm Dally 10:50 mu 6:05 pin Daily 10:55 pm Pittsburg. Cincinnati est St. Louis. Depart—New York, Philadelphia, Wash” ing ton, Baltimore aud Pittsburg Express, daily .. 4:35am Dayton aud Columbus Express. exoept buuday 11:00 am Richmond Accommodation 4:10 pus New York, Philadelphia, Washington, Baltimore and Pittsburg Express, daily s:lspus Dayton Express, daily s:lspits Arrive —Richmond Accommodation, except Sunday 9:55 am New York, Philadelphia,Washington, Baltimore and Pittsburg Express, daily 12:00 m Columbus and Dayton Express except Sunday 5:45pm New York, Philadelphia,Washington, Baltimore and Pittsburg Express, daily 10:35 pm. Dayton Express, daily except Sunday 10:35 pm CHiCAGO DIVISION VIA KOKOMO, I*., C. ,t ST. L. tt. K. Depart—Louisville and Chicago Express, daily, p. c 11:25 am Louisville and Chicago Fast Express, daily, s 11:20pm Arrive Chicago and Louisville Fast Express, daily, s 3:45 am Chicago and Louisville Express, p. c 3:51 pm Jefferson vill- \ Madison dk Indianapolis. Depart—Houthern Express, daily, s 4:15 am Louisville aud Madison Ex press... 7:40 ani Louisville and Madison mail, P- c 4:ooptu Louisville Accommodation, daily, r. c 6:30 pm Arrive —lndianapolis and Madison Mail r. c 10:00 atn Indianapolis aud Chicago Express, daily, p 11:15 am New York and Northern Fast Express s:sopm Sr. Louis and Chicago Fast Line, dally,*. 10:45pm Cincin'ti, Ind’ap’lis, St. Louis A Chicaqo. CINCINNATI DIVISION. Depart—Chicago and Louisville Fast Line, daily, s. aud c. c 3.45 am Cincinnati Acc. daily 4:30 am Chicago and Louisville Mail, р. e 3:45 pin Cincinnati 7:00 pm Cincinnati Accommodation. .11:05 am Arrive —lndianapolis Accommodation 10:50 am Chicago and St. Louis Mail,p.o.ll :40 am Western Express 5:01 ptu Chicago Fast Liue, daily, s. and c. c 11:05 pm Bt. Louis Express 10:40 pin CHICAGO DIVISION. Depart—Peoria and Bur. Ex 8:05 am Chicago Mail, p. c 12:00 m Western Express 5:20 pm Chicago Fast Line, daily, 5.,r.c.11:35 pui Arrive—Chicago and Louisville Fast Line, dally, c. c. and e 3:25 am Lafayette Accommodation 10:45 am Chicago and Louls’lle Mail, p.c. 3:30 pm Cincinnati Accommodation gtAQ pm Vandalia Lino. Depart—Mail Train 7:30 am Day Express, daily, p. li 12:35 pm Terre Haute Accommodation.. 4:oopui Pacific Express, daily, s 11:00 pm Arrive—New York Express,daily 4:05 am Mail and Accommodation .10:00 am Cincinnati and Louisville Fast Line 3:40 pm New York Express, daily, h.. 5:05 pin Wabash, St. Louis <ft Pacific. Depart—Detroit, Chicago and Toledo Mail 8:50 am Toledo and Fort Wayne Express 2:10 pm Chicago and Michigan Express, с. o. ands 6:25 pm Detroit and Toledo Express, s. 11:40 pm Arrive—Michigan and Toledo Express, daily except Sunday 2:15 am Toledo and Fort Wayne Express 11:25 am Detrott and Chicago Mall 5:50 pm Toledo and Detroit Express, s. 7:20 am Indiana, Bloomington <ft Western. rKORIA DIVISION. Depart—Pacific Express and Mail 7:45 am Kansas and Texas Fast Lino.. 1:30 pm Burlington and Rock Island Express, daily, c. c 11:15 pm Arrive —Eastern aud Southern Express, daily, r. c 4:10 am Cincinnati Special 10:50 am Atlantic Express and Mail 6:30 put ST. LOUIS DIVISION. Depart—Moorefleld Accommodation... 6:3oam Mall and Day Express 8:20 am Night Express, daily, r. c 11:40 pm Arrive —Night Express, daily 4:10 am Mail and Day Express 5:15 inn Moore field Accommodation... 6:25 pm KASTKKN DIVISION. Depart—Eastern Express, Mail, daily 4:20 am Day Express and Mail 11:25 am Atlantic Express 7:00 pin Arrive—Pacific Express 7:05 am Burlington and R. I. Express.lo:so pm Western Express 1:05 pm Indians nobs snd St. Louis. Depart—Day Express, dally c. c 7:25 am Boston and S r . Loins Ex press, p 7:00 pm New York and St Louts Express. daily, s. and c. c 11:10 pm Arrive - Now York and Boston Express, daily, o. c 4:15 am Local Passenger, p 10:55 am Dnv Express, o. c., dally . 6:45 pwj Cincinnati, Hamilton and Indianapolis. Depart Wes! Express 4:15 am Connorsville Accommodation. 4:45 pm Indianapolis and Western Ex. 0.55 pm Indianapolis Express 11:05 ant Arrive —Conueravlllo Accommodation. 8.45 am Indianapolis and Western 12:15 pm Western Express 10:45 pm Indianapolis ami Western 7:15 am Indianapolis and Vincennes. Depart—Mall and Cairo Express 7:3oam Vincennes Accommodation.. 4:00 pin Arrive— Vincennes Accommodation.. 10:50 am Mail and Uairo Express 5:10 pm OCEA N STEAMER 3, STATE LIN I : BETWEEN New York •and Glasgow, Liverpool, Dublin, Belfast and Londonderry. These first-clnss, fnli-pnwered steamers will sail from New York EVERY THURSDAY. First Cabin. S6O to $75, according to accommodations. Return tickets, sllO to $l3O Hoc ond Cabin, S4O. Return tickets. $75. Hr enrage, outward $26; these steamers carry neither cattle, sheep nor pigs. Prepaid tickets for steorago passengers from Europe reduced t* s2l Apply to FRENZEL BROS., A gen is, |8 East Washington street, ALEX. METZGER. Agent, 5 Oddfellows Hall; JOHN 11 Oilß, Agent, Indiauapolis; AUSTIN, BALDWIN Si (JO., General Aguuts, 53 Broadway. New York..

7