Indianapolis Journal, Indianapolis, Marion County, 31 March 1883 — Page 7

ME DAY’S RAILWAY NEWS. Lipress Freight-Trains to Go Onto the Bee-Lane. In,ft r., c. & St. L. to Build to Troy—One Road that I>oea Not Discriminate Against Indianapolis. Personal Points. J. IT. Klerstoad has resigned as agent of the Lake Bhore road at Laporte, Ind. P. P. Young, passenger agent of the Northern pacific, was in the city yesterday, and his visits to the scalpers’ offices created a suspicion on the part of local passenger men. Jake Smith, for ten years past in the. auditor’s department of the I. & St. Lr, leaves this evening for Chicago, to assume the duties of purchasing agent of the Chicago & Atlantic road. I D. T. McCabe, geoernl freight a gent of tho * Chicago, St. Louis & Pittsburg, by circular issued March 27, appoints J. A. Perkins division freight agent from Columbus to Indianapolis. William Broderick, chief night clerk in the Jeffersonville. Madison fc Indianapolis office, .returned yesterday from Chicago, bringing with him as a wife Miss Katie Wieland, of that city. C. 8. Mellen, superintendent of tho Boston A Lowell railroad, says tho Boston Journal, has received a very flattering oiler to take a lucrative postion oil a prominent Western road, aud Has the matter um’.er consideration. P- N. Fox, late agent of the Chesapeake <fc Ohio at Louisville, has been appointed assistant general freight agent of tho Louisville, New Albany A Chicago road, headquarters at Chicago. This ts an indication Hint the L., N. A. A C. and C. A O. propose to interchange traffic. Vice-president J. N. McCullough, of the Chicago, St. Louis A Pittsburg road, by circular dated March 27, appoints .M. J. Becker chief engineer; R- IL Bo.de, superintendent of motive power; W. Mullen, purchasing agent; O If. Booth, superintendent of telegraph; J. F. Miller, superintendent Eastern division, and Charles Watts, superintendent Western division. Local Notes. The Car Accountants’ meeting will l>o held May 62, in Philadelphia, not Cleveland, as was unintentionally stated in yesterday’s Journal. The Cincinnati, Indianapolis, Bi. Louts A Chicago road to-day receives two new passenger engines from the Schenectady Loootiiotive-worka. Ticket-scalping office No. 5 will open next ► week, an old Panhandle passenger man having leased a room on South lilinoia street for that business. Theenrnlngs of the Ohio Southern division of the 1., B. &W. the third week in March were $9,135, an increase over last year’s corresponding week of *3,491.15. Tanners Creek is now troubling tho Ohio A Mississippi people, anil yesterday they were obliged to run their Cincinnati trains over tho t' , r., St. L. AC. to Groensburg, and then over tho G. A V. to Vernon. Monday next, one week, the Bee Lino people shorten the running time of some of their express trains between Indianapolis and Cleveland, nd lengthen the running time of the same trains cn the Indianapolis A St. Louis division A heavy-freight engine, class “D E,” was received yesterday on tho Indianapolis dlvistnn of tbs p., C. A Sr. L. road. These engines are tenwheelers, and will haul thirty loaded curs up tho Jiickson-hill grade, the heaviest on tho road. The force at the Bee Line shops at Brightwood has been somewhat increased, and a largo amount of new work, as well as general repair, is to bo done there this season. Threo first-class •‘Mogul” engines are now in process of construction. Tho coal traffic of tho Indianapolis A Vincennes road when J. 8. Turner accepted tlio position of superintendent of the lino was from ten to twelve cars per day, and ho Hag Increased tins business on the lino to fifty to sixty curs per day. Monday next the now Middle and Western olas-iflcatinn takes effect, by which rates on 10th cluas, lumber and rough*stone, are reduced 5 Cents per 100 pounds, ana them are other slight- reductions in rates on certain articles by a change In tlioir classification. The Illinois Central nenn'o have adopted tho plan of tho Boston A Albany road, and announce that, commenting with* April 1, they will sell commercial travelers excess-baggage money cnupiui-tifkets; and the Bcc Line peoplo contemplate adopting this plan. J. 11. McLeod, traveling freight agent of the Cincinnati, Hamilton A Dayton lines, returned yesterday from quite an extensive Western trip, and lie. reports that tlipro is a large amount of grain, produce, etc., yet to come forward, and expresses the opinion that business will bu good fur some time to come. Monday next t lie Bee Line, in connection with the Lake Shore, New York Central and Boston A Albany, put on express freight-trains between St. Louis, Yew York and Boston. The running time of these trains, between Indianapolis and Cleveland, will be fourteen hours, and. tho entire distance the speed of the trains is to average twenty miles per hour. It is stated that these trains will carry the Buffalo A Western or Silent Line business, aafl further, that this lino has been put on to staj-. Tlie Chicago, St. Louis A Tirtsburg company are at once, ir seems, to take, the aggressive, they having decided to build a brunch from Ptqua, on their main line, to Troy. This is only eight miles, but it is one of the best, points for business on the middle division on the Indians, Bloomington A Western road. James MeCrea, manager or the Panhandle; John F. Miller, division superintendenr, and M. J. Becker, chief engineer, .Thursday went in carriages over tile line le---1 tween Piqna and Troy, in company with a delegation of Trojans who met them at Piqua. Superintendent Watts, of the Chicago division of the P., A St. J... proposes that improveiinents on this division shall keep pace with j those on oilier divisions. He Rtates that enough steel rails to lay sixty miles of track have been purchased for him, and will be put down us soon fas warm weather comes. The steel will take tho place of iron rails on the Chicago and Bradford divisions, amt will make a continuous line of steel rails from Chicago to Bradford. It is also said that the company proposes to put on [additional gravel trains this summer, ami get the track in tho bc6t.coudition possible. Tho remaining ticket agents, policemen, telegraph operators and baggage men at the [Union Depot sire now on the anxious scat dost aomo party makes sin affidavit against It hem that they discriminate in giving i Information. These employes could hardly be blamed were they to use their boots freely on some of these fellows, who, evidently j for a purpose, annoy them by asking which is ,the best route, etc., to certain points where the .proprietary and leasing lines of the Union Railway Company come into competition. The remedy for all these troubles would be the establishment of an luformutiou bureau at the Union Depot. General News. The Missouri x'aetflc will, it is said, this year f build a branch to Lincoln, Neb. The project to build the Zanesville extension of tlie Conoitoti Vallej* road has been abandoned. The next dividend upon Union Pacific will be paid to 3,163 stockholders, holding 197,903 'shares. Counting the ex-dividend, stock of the Chicago, Burlington A Quincy road is now at the liigliesi point tills year. Tfco Union Paclttc company will probably build qmrn extensively this year in the Black Hills Mini in Wyoming ami Idaho. A soheme is being matured to change the locum* securities of the Toledo, Cincinnati A St. ' J.ouiß into a preferred stock. The last spike in the track on the extension of the Denver A Liu Grande to Salt Luke, Utah, ■was driven at noon yesterday. The differences between the Schuylkill A LeY.igh railroad bondholders and rite, Philadelphia A Reading Railroad Company liuvo been adjusted. The Burlington A Missouri company is reported likely to luiil.i a lino from Hastings to Arapahoe in order to shorten tho distance to Denver. Tho Hon, Charles Francis Adams, fr, Ims written a comprehensive and stronglv favorable letter ou the proposed lease of the Eastern to the .Boston A Maine. The Atchison. Topeka A Santa Fe company :lad, March 19. 6.687 stockholders registered in a gain of 748 in nine weeks. Four years ago tho total number of stockholders was 336. 1? la said that a plan for disposing of the Biato of Massachusetts’ interest, in the Hoosno Tunnel {has been prepared for submission to the Legislature, and that it w ill bo opposed by the connecting lines, as ns terms are not satisfactory to them. President French, of the Louisville, Evansville A Bd. Louis Air Lino, told the Boston capitalists. on Wednesday last, that, were tho noud--obc.il well ballasted, sufficient sidings provided, germinal facilities at the cast cud secured, and

tbo road thoroughly equipped, it would not only pay its running expenses and interest, but leave over a handsome surplus of earnings at the end of each year. A cablegram says that at a meeting held in Liverpool, Thursday, at, which 30b of tho Now York, Pennsylvania A Ohio Railroad Company’s bond holders \vero present, the lease of the road to the Erie people was approved, there being but one dissenting vote. don’t talk that way west. “Unless all signs fail,” says tiie New York Graphic, “there will be a speedy falling off tn the east-bound freight movement by rail. So much stuff has been moved that ou the opening of navigation, a short time lienee, there will bo a very sharp rivalry between the lake and rail routes. It is then that tho Inevitable war of rates between tlie railroads may be expected.” Our best-posted freight, men in the West don’t talk in so bearish a way, but expect a reasou-ubly-lieavy traffic for throe mouths to couie. ITS DISSOLUTION IMMINENT. Judging from tlie general tone of the remarks made by general passenger agents regarding the so-called ttunk-line passenger pool, they look upon it as being in the last stages of dissolution. The illness of Commissioner Fink has tended to demoralize matters. While the pool has existed in name, some six months, but few of the geneial passenger agents have taken any interest in its survival, and have by their word and action thrown cold water on efforts made to fix per cents and have assumed a belligerent attitude toward the pool since it was organized, and now, as a prominent railroad manager expresses ir, the belief is general witli railroad men who favor the maintenance of rates that passenger men are opposed to being bound to adhere t‘> rates by u pooling or any other manner of agreement. A LEVEL-HEADED FREIGHT AGENT. A large shipper, who lias given tho matter considerable study, states that rates over the Pittsburg, Cincinnati A Bt. Louis lines are the bi*6t equalrredas regards the competing markets of any of the Indianapolis system of roads. Especially, ho 6ays will this remark apply to the Jeffersonville, Madison A Indianapolis division. Ho states that when Robert Geiger was appointed general freight agent of the J., M. A 1., traveling salesmen of Cincinnati houses were traveling up and down on tlie J , M. AI. on free passes or commutation tickets, and they were greatly favored in rates. Tills method of doing business he at once broke up, took up their passes, ceased issuing commutation tickets and advanced rates ou them. He then readjusted tlie rates on the J, M. A T , harmonizing them in such a manner that Louisville aud ludinnspolls were placed on an equal basis, and so discriminated against Cincinnati that Indianapolis and Louisville now practically have a clear field on the J., M. A I. lines. STILL ON THE WAR-PATH. The annual election for directors of the Pennsylvania road was held In Philadelphia, Thursday. The polls were open from 6 a. m. to 6P. m., and 554,799 votes were cast. Os these, Edward T. Parker received 12,414, and the remainder were cast for the following ticket: Messrs. George B. Roberts, Wlstar Morris, Alexander M. Fox. Samuel M. Felton, Alexander Biddle, Henry M. Phillips, N. Parker tohortridge, D. B. Cummins, Henry I). Welsh, John Price Wetlierill, William L. Elkins, William Thaw aud 11. H. Houston. Tile Pniladelphia Press says: “Messrs. Parker and Lockwood, who never disappoint the lovers of variety at. tlie Pennsylvania railroad meetings, who among the first on tlie ground at tne annual election, and did not lose any time in approaching the tellers with their votes. Botli Mr. Parker tuid Mr. Lockwood had copies of Die report of the company’s lust annual meeting adorned with big arrows showing Mr. Parker’s resolutions, and stockholders who showed a disposition to read were pressed to tako one. •Vote for us first and read it afterward,‘ shouted Mr. Lockwood to one individual who had just taken a copy, and as tho document contained about two Imiira' sieady reading, tiie value of tlie advice was evident. Ali day long they kept up the stream of argument, with but little apparent success." Real Estate Transfers. Instruments tiled tor record in the Recorder’s office of Marion County, Indiana, for 24 hours curling at 5 o’clock r, m., Marcn 30, 1883, as furnished by Elliott A Butler, abstracters of titles, room No. 3. /Etna Building; Tho Indiana National Bank, of Indlnnapolis, to Elijah 8. Elder; lots 41 to 47. inclusive, in second Wiley addition to the city of Indianapolis... $2,000.00 Jacob Sourwine aud Nancy, his wife, to Calvin Jenkins, lots 23 to 26 in George K. Hornadny’s addition to the town of Hosbrook ... 850.00 Calvin Jenkins and wire to Nancy H. Sourwine, lots 23 and 26 in Georgo K Hornaday’s addition to the town of Hosbrook 850.00 Catharine Landis to Charles Helwig, part of the west half of lot 3, in square 31, in the city of Indianapolis 700 00 Christian 11. Boe.se to Henry Boose, part of lot 3 in >utlot 149, m the city of Indianapolis 600 00 Barbara W. Heilkam and husband to John H. Doerr, lot 5 in Heirkam’s subdivision of lot 15, in A. K. Fletcher’s first addition to tiie city of ludianapolis 350.00 Andrew J. Bailey and wife to George W. Lancaster, lots 5 and 6 in John 11. Master’s subdivision of blocks 51 to 56, inclusive, in Temple C. Harrison A Co.’s addition to the city of Indianapolis 750.00 Sarah E. Lewis and John, her husband, to James McMurry, lot 14 m Ovid Butler’s subdivision to the city or ludiauupolts 1,400 00 Conveyances, 8; consideration.... *7,500.00 Tiie Presbytery of Indianapolis. The Presbytery or Indianapolis will hold its regular spring meeting at Franklin, beginning April 3at 7:30 P. M. The opening sermon will be delivered by the moderator, tho liev. A. 11. Carrier, of this city. Wednesday will be occupied with routine business and tho discussion of the following topics, viz: “Lay Work—How to Develop and Utilize It,” Rev. George W. Balnum, or Greencastle, to open tho subject; “Duty of tlie Presbytery to Its Weukand Vacant Churches,” to be opened by Rev. 11. A. Edson. A foreign missionary meeting will bo held in tho evening, addressed by Rev. A. 1\ Pierson and representatives from tho Ladies’ Missionary Society, which meets at tiie same time. Retail Justice. ’Squire Glass yesterday tried Simpson Ford for assault and battery on Samuel H. Brown, and took the case under advisement. In 'Squire Feibleman’s court tho numerous cases in which George Siodlinger was defendant were finally settled. Tiie surety of tho peace proceedings instituted against him by Simon Bunte und Jacob Vogh wore dismissed at plaintiff* s coats, and ho was fined in two cases of provoke, begun by the same persons. Y. M. C. A. Notes. Rev. G. H. Elgin will give the exposition of the Bunday-school lesson at tho teachers’ meeting In tho chapel, to-day, at 12 o’clock. Subject, “Simon, the Sorcerer;” Acts 8, 14 25. To-morrow will bo commercial travelers’ day. A meeting will be held in tho chapel at 4 p. M. Mr. C. M. Randall will lead and a number of others will tako part hi the different exercises. There will be some good music. Divorces Desired. Medora Lepert has began a suit for divorce from Frank M. Lepert, alleging abandonment and failure to provide since their marriage in 1871. The defeuduut is supposed to be in Australia. Elizabeth Kelfer asks for a legal separation from Joseph Keifer, whom the compluiut says has been convicted of grund larceuy, and is a “thoroughly bad citizen.” Ordered to Settle. Judge Gresham yesterday issued an order In the Indianapolis and St. Louis railway ease, directing the clerk of Hie court to pay *93,000 to John H. Deversux, out of the moneys arising from the sale of the road, to onuble him to discharge the dobra oontractod while it was lu tho hands of the receiver.

THE INDIANAPOLIS JOURNAL, SATURDAY, MARCH 31, 1883.

RECORD OF THE COURTS. Proceedings in tho Various Courts of Record, Yesterday. Fall Abstract of the Opinions Rendered by the Judges of the Supreme Court —Work in the Local Courts. Supreme Court—March 29. Hon. William A. Woods, Chief Justice. EXEMPTION —BURDEN OF PROOF. 10,334. Jane Thompson vs. Benjamin F. Ross. Wliue C. C. B' sr, C.—Where a judgment defendant claims property levied upon as exempt from execution, tne burden is upon him to show that the judgment upon which tin*, execution issued was rendered for a deut growing out of a contract express or implied. (9 Iml., 196; 77 id., 62.) Tho evidence was silent on tins point, aud also tailed to snow that the appellant was uie owner of the property replevied by her. Judgment affirmed. REFORMATION OF DEED —MISTAKE —NEGLIGENCE. 10,112. Max. Schultz vs. Catherine Keener. Dearborn C. C. Morris, C.—Where, in the conveyance of land, it was the mutual intention of the parties to reserve a right of private way along tiio south line of the lund conveyed, but by mistake tlie way was named as running along the east line, and the grantors occupied ami used tlie reserved way on the south line for yearn, with the, knowledge and without objection from the grantees, before the mistake was discovered, the facts were such as to excuse them from active efforts to discover tne error, and the delay did not preclude the grantors from having the deed reformed ho as to conform to the intention of the patties. Nor did tho failure of the grantors to require the deed to bo read to them by the scriveuer after it was written constitute such negligence on their part as would necessarily preclude the relief asked for. Judgment affirmed. RECOVERY OF REAL ESTATE —DAMAGES. 10.330. James Cooper vs. Rebecca Robertson. Dearborn C. C. Best, C.—Action by appellee to recover posessiou of leased premises and for rent due. Tl.e lease was from March 1 to Sept. 1, 1881- It was not error to admit evidence of the rental value of the laud trorn Sept. 1, 1881, to Sept. 1, 1882. This evidence was proper to enable tlie Jury to determine the damages for tUe detention of tlie property after Sept. 1, 1881. Tne evidence was confiluting, but was sufficient to support the verdict. Tne damages were not excessive, anil the instructions of the court were correct. Where the court has made a general order that the sheriff take jurors at meal times in a body to their meals, a special order to that effect is not necessary in each particular case. Judgment affirmed. PLEADING STRUCK OUT —RILL OF EXCEPTIONS. 10,241. Mordecai Peck vs. Commissioners of Tippecanoe county. Tippecanoe C. C. liowk, J.—Appellant presented an itemized account for commissions claimed on divers sums of money other than raxes paid to him as county treasurer. On appeal to tne Circuit Court tlie appellee’s motion to strike our each of the items of appellant’s account was sustained, and each of the items were struck out. Thereafter these items constituted uu part of appellant's claim or cause of action, and they could not be brought back into the record except by bill of exceptions or order of the court. (65 Ind., 308; 70 nl., 298.) As they were not thus made part of the record, no question as to their validity is presented. Judgment affirmed. PRACTICE IN CHANCERY CASES —COURT AND JURY. 9,862. James Evans vs. James Nealla. Boone <:. < j. Franklin, C.—This was a proceeding by the appellee in the nature of a creditor’s hill to charge certain lands with the lieu of a Judgment against appellant. The question presented is in relation to the practice in chancery causes under see. 409, R. 8., 1881. The court called a jury to try the questions of fact, and upon the rei urn by it of a special verdict tlie court made new findings for itself, embracing a part of the special findings of the jury aud omitting some of them, and staling additional facts, upon which and the information furnished l>y the special verdict, the court rendered judgment for the plaintiff. There was no error in so doing. Tho section of the statute referred to makes no provision for the trial of cases of exclusive equitable jurisdiction ly jury, but H provides that the court, lor its information, may submit fans to bo tried by a jury, aud in such cases tho verdict is only informatory, and does not bind the conscience or control the Judgment of the court. (20 Wal„ 670, 45 Wis., 121; 49 id., 2i9; 2 Otto, 684; 2 Daniels Ch. Pine., 1,148, note; Hendricks vs. Prank, No. 9,843, thi term). The special verdict Vicing merely advisory aud not conclusive, it U immaterial whether or not it was sufficiently full, definite and certain to authorize a judgment to bo rendered upon it. Judgment affirmed. BANK CERTIFICATE OF DEPOSIT —NEGOTIABILITY. 10,218. Win. M. Gregg vs. Union Couuty National Bank. Union C. C. Black, G.—Action by appellant on a certificate of deposit indorsed to * him for value andwithout notice six years after its issuance by tho bank. Tho certificate had in fact been paid to the depositors soon after its date, but tho certificate was not taken up. The instrument is to be regarded as a promissory note. (21 Ind., 433; 51 id. 393.) But whether negotiable by the law merchant or not, ueert not be decided, for if it should be so held it must be regarded as paper dishoncued by lapse of lime. A bank’s certificate of deposit, not bearing interest and payable upou its return, cannot be regarded as a continuing negotiable security so as to prevent the letting hi of equities in favor of tho original parties, unless presented within a reasonable time. (See Morse on Banks, 65: 37 111 , 137; R. S., 1881, sec 5,506. Judgment affirmed. CHANGE OF VENUE —PREJUDICE OF JUDGE. S 8,647. Ezra Hays vs. Wm. Morgau. Dearborn c. c. Franklin C.—Petition for rehearing. The fair construction of the affidavits for change of venue leads to the inference that if tho ruling specified therein had not been made the defendant no motion would have been made for *\ change of trial from the judge. The mere ruling of the judge, upon a legal question, winch is presumed to bo right, the contrary not appearing, cannot boa sufficient cause for charging bias and prejudice ou tlie part of tlie judge. Petition overruled. SUPREME COURT-MARCH 30. INFANT —NOTES GIVEN FOR ATTORNEY’S FEES. 9,283. Gardner Avers vs. John T. Burns, administrator. Hendricks C. G. Howl;, J.—This was a suit on promissory notes executed by an infant for the services of attorneys to defend him upon a ediarge of murder. Tiie court found that the services were necessary, aud that the estate of the infant was liable for the payment to tho administrator of bis surety, who had been compelled to pay them. Buell implied coutiact was not binding, and could not be enforced against him during bis infanoy. Indeed it is doubtful if his notes, even though given for necessaries, could have been enforced against him during infancy by the payees thereof. (8 Ind . 489; T\ ler Infancy, 2 ed., Ill: 62 Ind., 310.) His contract may be avoided by lnm during infancy or on bis arrival at full age. (59 led., 429; 55 id., 34; 27 id.. 327; 40 id., 148.) Bur uu infant is not liable upon such an implied contract or notice as tlie one in suit. Whether or not appellee might recover tlie reasonable value of fjie services is not decided, as there was no finding as to tho value of the services. Judgment reversed. Wll.L —ATTESTATION —DISPOSING MIND. 8,923. Robert Dyer vs. Samuel Dyer. Hamilton G. G. Niblaclr, J.—Tt is not necessary that the. witnesses to a will should be requested directly by the testator to sign it. If rue request is made ly tbo person called to prepare the will, and in the presence and hearing of tho testator, with ids knowledge and without objection from him, it is sufficient. (48 Ind , 502) In order to be competent to make a will a testator need not be in full possession of ids reasoning faculties, but must be of sufficiently sound miud und memory to understand the nature or the business in which lie la engaged—to comprehend what it is to make a will and to give intelligent directions as to the disposition or his property. (11 Ind., 95; Red. Wills, 64, 78; 21 Vt., 168.) Judgment affirmed. CRIMINAL EVIDENCE —CORONERS RECORD. 10,682. Thomas Robinson vs. The State. Brown, G. C. Woods, (’. J —Appellant was tried for murder. His wife testified, and ou cross-examination was asked, with a view to impeachment, if she did nor, on her examination bv tlie coroner, make a oertain statement, which, having denied, the coroner was called, and testified that she did muko th** statement, but that it was not. taken down by him In her written testimony. This was error. Where the testimony taken by the coroner is reduced to writing, the record of it is tlie best evidence, and parol evidence will not ho received of anything not contained in the record. (63 Ind., 353; 71 id., 170: Wharton on Grim. Ev., sen. 667.) The record of tlie proceedings must, if practicable, be produced, and if then It is found to he so

irregular or imperfect as not to be admissible in evidence, other evidence may be adduced to show what testimony a witness delivered. (71 Ind., 470.) Judgment reversed. SALE OF REAL ESTATE —STATUTE OF FRAUDS. 10,499. Benjamin Stephenson vs. Nathan Arnold. Washington G. G. Eiiiott, J.—When so much of a contract is executed as would tako it out of the statutes of frauds all the remaining stipulations become valid and enforceable. (83 Ind., 463; 75 id., 485; 71 id., 562; 79 id., 410.) The fact that a contract for the sale or lands provides for a conveyance by a third person does not prevent its enforcement by the vendor in case the conveyance bargained for is executed or tendered. Where a vendor offers to the purchaser or fully secures to him the. tills contracted far, lio is entitled to recover the purchase money, although tuo contract was by parol. Judgment affirmed. SOLDIERS* BOUNTY —PI.EA DING. 9,967. Commissioners Madison County vs. Win. P. Miiler. Madison O. G. Woods, C. J.—Appellee filed a claim for bounty money. Notice to the board of his acceptance of the offer of bounty was not necessary. (66 Ind., 109.) Tiie presentation of his claim for allowance by tlie board was all the notification of acceptance that was necessary. (77 Ind., 576.) The contract was not a written one, and a com* could not be made a part of tlie complaint-. (77 Ind , 553; McCurdy vs. Bowers, No. 10,015.) It was enough to plead the legal effect ot the agreement, though evidenced in part by the order of the board. Judgment affirmed. Superior Court Room No. I—lion, Napoleon 1L Taylor, Jililga. Court not in session. Room No. 2—Hon. D. W. Ilowe, Judge. Adams Comely vs. John G. Burkineyer. Defendant flies motion for new trial. James Heed vs. 1., B. & W. Railroad Company; carnages. Finding for defendant. Room No. 3—Hon. Lewis C. Walker, Judge. Court adjourned until Monday. Circuit Court. lion. K. M. Hord, Judge pro. tem. James J£. Heller vs. John C, Shoemaker; libel suit. Ou trial by jury. Criminal Court. Hon. i'iorce Norton, Judge. Btato vs. August Logue; murder. Jury found verdict of manslaughter with sentence of three years’ imprisonment. Stare vs. George Wilson; assault and battery. Tried by court and acquitted. OCEAN STEAMERS. STATE 1.1 X K BETWEEN New York and Glasgow, Liverpool, Dublin, Belfast and Londonderry. These first-class, full-powered steamers will sail from New York EVERY THURSDAY. First Cabin. *6O to *75, according to accommodations. Return tickets, sllO to *l3O. Second Cabin, *4O. Return tickets, #75. Steerage, outward *26; these steamers carry neither cattle, sheep nor pigs. Prepaid ticket* for steerage passengers from Europe reduced to *2l Apply to FRENZEL BROS.. Agents, 48 East Washington street, ALEX. METZGER. Agent, 5 Odd fellows Hall; JOHN II OtiU, Agent, Indianapolis; AUSTIN. BALDWIN & GO., General Agents. 53 Broadway, New York. ANCHOR LINE. United Stutes Steamships Sail from New York every Saturday for Glasgow via Londonderry. Cabin passage, *6O to SBO. Second Cabin, S4O. Steerage, Outward *2B, Prepaid s2l. LIVERPOOL AND QUEENSTOWN SERVICE. From Pier No. 41 N. R., New York, FURNESSIa sails April 21, May 26, June 30. BELGRAVIA sails May 12, June 16. July 21. CITY OF ROME sails June 9, July 14, August 18. Cabin piifß ige. *6O to *125 according to accommodations. Se.ci ml Cabin anil Steerage as above. Anchor Line Drafts issued at lowest rates are iiaiil free of charge in England, Scotland and roland. For passage, Cabin Plans, Book of Tours, etc., apply To HENDERSON BROTHERS. Now York, or ALEX. METZGER, 5 OddFellows Hall, or FRENZEL BROTHERS, Vance Block, Indianapolis. EUROPE Cook's Grand Excursions leave New York, April 26, June 1, Juno 13 and June 30, 1883. Passage tickets by all Atlantic steamers Special facilities for securing good berths. Tourist tickets for individual travelers iu Europe, by all routes, at reduced rates. Cook’s Excursionist, with Maps and full particulars, bv mail 10 cents. Address THOS. COOK A SON, 261 Broadway, N. Y. "EUROPEAN TRAVEL." Estimates of Cost for Tours to any part of Europe. Tickets issued and reliable information given FREE. Special arrangements for escorted parties to foreign lands. Full particulars in monthly Travel. Address American Exchange Travelers’ Bureau, 162 Broad wav, New York. C. A. BA HATTON I, Manager.

PATENT BLACK WATER-PROOFED CARBOUZED PAPER. MANUFACTURED ONLY ISY PAGE, BOOTH & CO., 43 WALL STREET. NEW YORK. By use of f.liis Paper. Woolens, Carpers, Furniture, Furs, Feathers, carriages, ami all fabrics liable to uaraa&e by MOTHS are absolutely protected. li cun le used for several seasons. A strip of tills Paper* 18 inches wine, if placed under the edges of a carpet, will prevent the intrusion of the common MOTH, the •‘BUFFALO” MOTH, or any other insect or vermin. Adopted by the United States Army and Navy. For Sale by all Carpet Dealers. ""Tog" rolling! " While Wrestling With a Fallen Tree a Lumberman Receives Consequential Damages. While on ft hunting excuraon in the great coal and wood region near Carboudale, Pa., the writer met William Coil, a lumberman. Accustomed to life and labor in the forest from early manhood, he was a true Knight of the Ax. Many a tree had fallen before Ids ringing strokes, and fleets of rafts bad borne away to market the sawed products. Coil is a character, and if Oscar Wilde is right in saving that nil movements in unhindered labor ate graceful, our frieud William, stripped for his work, and attacking a tree as Richard I. assaulted the heavy doors of Front de Boeuf’s Castle, must have presented an admirable picture. One day, however—but. let him tell the story himself, as he told it to me: “I was out ill the woods, you know, trying to start a log down hill. Thinking I could get a better purchase on it from the lower side, I tackled ir. thero with my log-rolling hook and threw my weight on the lever. She started, she did, hut as luck would h ive it, before I could get out of the way, she rolled right over me. If It hadn't been for a small lot of limbs nml brush lying in the road, which lifted her up. she’d a crushed mo flat. As it was I got up without a broken bone, but with some mighty bad bruises,” “Then you were all right,” said his auditor. “Not by a blamed sight, strunger. I took cold, rheumatism set in, and if I hadn’t heard of BENSON’S CAPCINE POKOUB PLASTERS and used ’em, it’s my opinion I should never have made another chip ilv. But the Capcine took hold quick, and I’m ’bout as good as new. But there's one tiling you kin oalkiUto on: I shall never wrastle with another log unless I have the advantage of the ground. Fur, as I told you before, if it. hadn’t been for them brushes I’d been smached so you could ’a sold me for a door mat.” The Capcine is the tiling for rheumatism. It doesn’t keep yon waiting. The word CAPCINE is out in the center of the genuine. Price, ‘2sc. Soubury ds Johnson, Cbeiuists, New York.

BUSINESS DIRECTORY. INDIANAPOLIS. A BSTRaGTS Or TITL.S. ELLIOTT & GUTi-BE, so. 3 .ETNA BUITiO TSG. ATTORNEY-AT-LAW^ CHARLES MARTINDALE, Attorney and Counselor at Law. Prompt attention giveu to collections and litigation in State and Federal courts. PATEN 18 OBTAINED* ( n res >ll lence in relation to patents solicited. Office, .Etna Building. REAL ESTATE AND INSURANCE. ALEX. METZ IER’S. INSURANCE and LOAN. REAL ESTATE and STEAMSIIip AGENCY, Second Floor Odd-fellows Hall. TR (J N K MANUFACTURER. 17ULL ASSORTMENT. TRUNKS MADE TO order. Repairing neatly done. JAMES BOGERT, . Telephone to Bates House Trunk Store. MISCELLANEOUS. PATENTS! PATENTS: PROCURED FOR INVENTORS. Patent cases attended to. CHARLES P. JACOBS, Patent Attorney. Indianapolis, Tnrt. I I ERCULES I’OWDER, THE SAFEST AND I L strongest powder in tne world. Powder, Caps. I- use. aud all the tools for Blasting Stumps kept by C. H. JENNE, boie Agem, 29North Pennsylvania street. Indianapolis Oil Tank Lina Cos., D£ALKB3 IN PIOTROI.EU.U PRODUCTS. Corner Pine and Lord Streets. SAWS.’ W. B. BARRY, Saw Manufacturer, 132 and 134 3. Pennsylvania St. Smith’s Chemical Dye-Works, No. 3 Martindalo’s Block, near Postoffice, Clean, dye and repair gentlemen's clothing; also, ladies’ dresses, shawls, sacques, and silk and woolen goods of every description, dyed atnl refinished; kid gloves neatly cleaned at 100 per pair. Will do more first-class work for less money than auy house of the kind in tne state. JOHN B. SMITH. Symptoms and Cure. 'frTjf ffiln jffft The symptoms arc: amisture, like perspiration, intense Itching, increased by scratching, very distressing, E r 7) a particularly at "night; seems —A Ui/ as if pin-worms were erawl/rimuc ■'RwuSwV ing in and about the rectum; f hunt nan as “r.°) tlie private parrs are sou.etimes affected. If allowed to continue, very serious results inav follow. “SWAYN’S -VdralPyf NL ° ,NTM,CNT ” ls a pleasant, I sure cure. Also, for tetter, THEcreat'^l:ureFOß Iteh.Saltßheinn. Scald Head, nnuiur Dll t* Erysipelas, Barber’s Itch, llufiltrlLLw Blotches, all scaly, crusty Bkiii 1> Heiiaes. Hent by mail for 50 cents; 3 boxes, *1.25 (in stamps). Address Dr. SWAYNE & SON, Philadelphia, Pa. Sold by druggists. PURE DRINKING WATER. THE GATE CITY STONE FILTER fik This is the best Fir u orl ‘T Will remove all imptiritics and render hydrant, well or i wholesome. Tbo ni j l, ‘’ r,: ' l through Full "rtesonptiua, 11 un Agents wanted. GEO. B. WRIGHT & CO.

GAS STOVES. § C-E/4 H => B Wji; l ? ■„J M 5 P*' ” \ I r< No Kindling Required. No Coal to Carry. No Ashes to Remove. Prices from $2 to .sl6. See Otto Silent Gas Engine. On exhibition and for sale by tho GLAS COSIPANY. No. 47 South Pennsylvania Street. F O R S A Li E NIGS CLEAN OLD PAPERS —AT THB Journal Counting Room AT FIFTY CENTS PER HUNDRED.

THE BATES HOUSE, Indianapolis, Ind. REBUILT AND REFURNISHED. Conceded to be the most eligibly moated aud “lost liberally inauagml or aav hotel iu lu* diauapolis. LOUIS REI BOLD, Proprietor. railway timetable. Trains marked thus: r. e„ reclining chair oar; 8., sleeper: p., parlor ear; h., hotel ear. (^ ge Line) C., C., C. & Indianapolis. Depart—New York and Boston Express, daily 4:35 am Luion Accommodation 6:15 am Dayton, Columbus and New York Express 11:05 am tot. Louts, Indianapolis und Goshen 5:55 pm New York and Boston, daily.. 7:15 pux liIIIGIITWOOD DIVISION. P :i 'iy 4:35 am— 2:15 pm Daily 6:15 am.... 3:55 pm Lady 11:05am.... 5:55 pm Daily 7:15 pm Arrive —Louisville, Now Orleans and tot. Louis Express, daily 6:55 am Elkhart und Goshen Express.. 10:50 m South Briiid Express 2:05 pm Union Accommodation 3:15 pm Boston, Indianapolis aud Southern Express 0:05 pin New York aim tot. Louis Express, and m v 10:55 pm BlttGlirwOOD DIVISION. T>.ll v 4:00 urn.... 2:05 pm Daily .. 6:00 am ... 5:45 pm Uuily 6:55 ;uu ... s:2spiu Daily 10:50 uni 6:i5 pm Daily . ..lo:55 pm Pittabar T. Cincinnati A St Louis. Depart—New York, Philadelphia, Washington, Baltimore aud Pittsburg Express, daily 4:35 am Dip ton and Columbus Express, except Sunday 11:00 am Richmond Accommodation 4:10 pm Now York, Philadelphia,Washington, bod ft more aud Pittsburg Express, daily 5:15 pm Dayton Express, daily s:lspiu Arrive —Richmond Accommodation, except Sunday 9:55 am New York, Philadelphia,Washington, Baltimore aud Pittsburg Express, daily 12:00 in Columbus and Dayton Express except Sun lay 5:45pm New York, Philadelphia,Washington, Baltimore and Pittsburg Express, daily 10:35 put Dayton Express, daily except Sunday 10:35 pm CHICAGO DIVISION via KOKOMO, I*., C A ST. L. It. U. Depart—Louisville and Chicago Express, daily, p. c 11:05 am Louisville and Chicago Fast Express, daily, s. . . 10:45pm Arrive—Chicago and Louisville Fast Express, dail\, s 3:4oam Chicago aud Louisville Express, p. r 3:58 pm Jeffersonville, Madison A Indianapolis. Depart—Southern Express, daily, s 4:15 am Louisville aiul Madison Express... 7:40 am Louisville and Madison mail, p c 4:20 pm Louisville Accommodation, daily, r. c 6:30 pm Arrive —lndianapolis aud Madison Mail r. e 10:00 am Indianapolis and Chicago Express, daily, p 11:05 am New York and Northern Fast Express 5:50 pm Bt. Louis and Chicago Fast Line, dally,s.. 10:45 pm Cinein’ti, Ind’ap’lts, Louis a Chicago. CINCINNATI DIVISION. Depart—Chicago and Louisville Fast Line, flatly, s. mid e. o 3.45 am Cincinnati Aco. daily 4:30 am Chicago aud Louisville Mail, p. c 3:45 pm Cincinnati 7:00 pm Cincinnati Accommodation. ..11:05 am Arrive —lndianapolis Accommodation. 10:50 am Chicago and St. Louis Mail,p.c. 11:40 am W estern Express s:olpm Chicago Fast Line, daily, s. and c. e 11:05 pm St. Lotus Express 10:40 pm CHICAGO DIVISION. Depart—Peoria and Bur. Ex 8:05 am Chicago Mail. p. e 12:00 m Western Express 5:20 pm Chicago Fast Line,datlv, m ,r.e. 11:35 pm Arrive—Chicago and Louisville Fast Line, daily, c. c. ands 3:25 am Lafayette Accommodation 10:45 am Chicoffonnd Louls’lie Mall, p.o. 3:30 pm Cini*innuti Xceonimodatiiin 6:40 pin Vanclaiia Line. | Depart—Mail Train 7:30 am Day Express, dully, p, li 12:35 pm Terre Haute Accommodation.. 4:00 piu Pacific Express, daily, s 11:00 pm Arrive—New York Express, dally 4:05 am Mail ami Accommodation 10:00 am Cincinnati und Louisville Fast Line 3:40 pm N*w York Express, daily, h.. 5:05 pm Wabash, St. Louis & Pacific. Dr part— Detroit, t'hicauo and Toledo Mail 8:50 am Toledo anil Fort Wayne Express 2:10 p;n Chtongnund Michigan Express, e. c. ands 6:15 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 Detroit and Chicago Mail 5:45 pm Toledo and Detroit Express, s. 7:20 am Indiana, Bloomingt n & Western. PI I fill l DI VISt >N. I Depart—Pacific Express nml Mail 7:15 am j Kansas andlVxas Fast Lino.. I:3opm Burlington ainl Rock Island Express, daily, e. c 11:15 pm Arrive—Eastern and Southern Express, duii>, r e 4:10 am Cincinnati Special 10:50 am Atlantic Express and Mail 6:30 put ST. until , DIVISION. Depart—Moore.tlidd Accommodation... 6:30 am Mail and Dav Express 8:20 am Night Express, dniiy, r. c 11:10 pin Arrive—Night Express, daily ... 4:10 am Mail and Day Express 5:45pm Moorefield Accommodation... 6:25 put EASTKUN DIVISION*. Depart— Eastern Express, Mail, daily.. 4:2oam j Day Ex press anil Mail 11:25 am Atlantic Express 7:bo imt I Arrive —Pacific Express 7:05 am Burlington and R. I. Express,lo:so pm Western Express 1:05 pm Indianapolis and St. Louis. Depart—Day Express, daily o.e 7:25 am Boston amt St. Louis Express.p 7:00 pru New York and St Louis Express. daily, s, and e. e 11:10 pm Arrive—New York and Boston Express, daily, c. e 4:15 am Local Passenger, p 10:55 am Day Express, o. daily 6:45 pm Cincinnati. Hamilton and Indianapolis. Depart—Western Express 4:15 am Conaersvitle Accommodation. 4:45 pm Indianapolis anil Western Ex. 6.55piu Indianapolis Express 11:05 am Arrive—Conuersvillo Accommodation. 8 45 am Indianapolis and Western 12:15 pm Western Express 10:45 pm Indianapolis and Western 7:15 am Indianapolis and Vincennes. Depart—Mail and Cairo Express 7:30 am Vincennes Accommodation.. 4:00 pm Arrive— Vincennes Accommodation..lo:s9 am Mall und Cairo Express 5:10 pm !GR AN D J IOTEl! IN DIANA POLIB. IND I Passenger elevator and all modern convert lienees. Leading Hotel of tno cirv, and striatty hrst-ciitss. Kates, *2.50, *3 auil $3.50 pur day. ! TUe latter price up i iding > sth. GEO. F. FFINOST, Pronriotor- | g|||T ra

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