Indianapolis Journal, Indianapolis, Marion County, 14 May 1883 — Page 7

ST. LOUIS FREIGHT POOL. The Vandalia Demands a Darker Percent ago of Dead Freight, Continued Dullness in the Movement of Freight Truffle—Probable Changes on the 1... N.. A. & C. A CALL FOB MORE. The Vandnlia Will Demand an Increased Percentage in the Poo). H. W. Hibbard, general freight agent or the Vandallu, passed through the city Saturday evening, en route for New York, and when pressed to know the object of his going East, •aid, placing two emphatic words before bis remarks, **l go ktate to demand from the executive committee an increased percentage in the east-bound dead freight pool out of East St. Louis. I am heartily disgusted with this turning over thousands •f tons of freight monthly to other roads for the sake of harmony and keeping Commissioner Fink's pool in running order. Our road,” ho said, “is the favorite line with shippers. It’s only a Short time since we evened up tho dead-freight pool, and now we are again ahead 22,0iK) tons, •nd Commissioner Fink has ordered a half, that these other roads can bring up their deficit in tonnage. Then it is only a few days since wo evened np the live-stock pool at Bt. Louis, and to-day we are 355 cars of stock attend ol onr percent. Ipropos* to lay these facts before the executive committee, and if they don’t show a /disposition to give us our rights lu tho matter there’s going to be trouble." FREIGHT TRAFFIC LIGHT. Hears on Wall Street and Dealers In Futures Responsible. Through business never was so flail, Is the reueral remark of freight men. Line agents and local agents are working zealously for freights, but make poor headway. General freight agents •ay that all over the country extreme caution is •bowu by business men. Orders for grain, flour, lumber and all classes of staple articles are very limited, und only of a character to meet immediate renniremenrs. There Is no complaint of rates being too high, but there seeins to be a general dropping out of the bottom to rnllroad traffic. In looking over the local Held, we And that the grain men say that, prices in this section are too bleb to justify them in attempting to make shipments to the Seaboard, and little or no grain is coining in even at prices quoted. Shipments of flour to Eastern markets or for export are at a stand still, und tlit* two largest flouring mills at Indianapolis are shut down. Gibson A Cos., ■who usually employ ninety-three men, now have but ttve men at work, and are running only to 'supply local deinund rortheir choicest flour. Shipments of lumber East amount to but little, eoraIparatlvely speaking. Col. A. D. Straight has just returned from the Eastern lumber markets and reoorts Eastern lumber merchants and munufacturers showing no disposition to stock up, and orders are of a hand to mouth character. Westbound traffic, ns well, is flat. The north and south line* are haX'ing so little business tiiat the agents are lighting for H, and have cut rates until there is no money to the roads in carrying it. The BeH road is a fair pulse to rail road business, ( *nrt over t the transfers are 500 to 700 cars per day below tile usual average. In asking the opinion of the oldest and best posted men as to the cause for this dullness, their aiiHwer Invariable is that it is due to the speculative mania raging all over the country—this dealing in futures. Parties who have grain are holding ir for higher prices. It is estimated ilmt 40 percentof last year's crop is yet to go forward. The same is true of provisions; then the bears on Wnil street are constantly telegraphing over the country reports of coming panics, which will not only effect railroad stocks, but. business generally, and timid people believe all these reports, notwithstanding the fact that the bankers and *est business-men of the country state that, business was never on a healthier and sounder basis. As to when railroad business will improve, a majority of the freight men say that there is little prospects for a heavier traffic before July, or when the new wheat crop beglus to move, as In June, under the most favorable oiircomstances, business is light. There is one respect in which the railroads are favored—rales by the water routes are being better maintained than last year, consequently the through lines ars getting a certain per cent, of business whioh tboy would not get were the lake craft slaughtering rates as in some former years. lielow is given tho number of cars received and forwarded in the week ending May 12, ns compared with that of the preceding week. It will be noticed that an unusually large percent, of the movement is empty cars: Name of Hoad. May 5. May 12 Tnc. Dec. D. & I. Air Line 192 230 38 jI.AV 394 381 13 V., H. A 1 441 422 19 Wabash 1.058 1.099 41 L K jk) Middle.. 775 (521 154 \V >Bfc. Ltutis 329 317 8 ) Peoria .. 873 945 72 0.. L, St.L. i West... 1,819 1,(537 182 . AO. > East... 2,530 2.320 210 J..M.&1 96 t 922 38 C., Sr. L. I Purs’hrg 2,2*21 1,924 297 A P. 5 Chicago 194 174 ‘2O Vaudalia 2,998 2,921 77 I. A Bt. L 2,3481 1,802 540 Bee Line 2,860 1.911 440 Total 19,1921 17.62(5 1512,017 Net decrease, 1,866 cars. The number of loaded cars handled nt this point was as follows: Received, 7,004: forwarded. 6.90*2; total, 13,900; decrease as compared wiiii tins movement of the proceeding week, 2,475 ears. THE VAN DA LI A EXTENSION. Shall It Go to Michigan City?—Efforts Making to occur© It There, It begins to look a tittle as if the Vaudalia people would push the northern extension of their line on to Michigan Citj\ Last week a party consisting of William R. McKeen, president: Colonel J. Hill, general manager; J. R. Kendall, general freight agent: Captain A. B. rofetoh, chief engineer; John G. Williams, attorney, and Richard W. Thompson, ex-Secretary of the Navy, visited Michigan City and were very huudsomely received by promincut business men of the place, who showed the parties what advantages extending the road to that point would give the Vandalm people. A meeting was called hi the rooms of tho First National Bank, at which H 11. Walker spoke of tlie desires of the business iu**n or that place that the Vhiidalla should come In there, and he told Mr. McKren that they must have the road. J. 8. Hopper then made a statement, of the north and south business at that point for the yeur 188*2, the following of which is a summary. These statistics show the number of ear-loads shipped South via tho W. Bt. L. A P. und L„ N. A. A 0. roads: Lumber cars 14,617 Iron ore oars 266 Ties, cars 280 Total 21,150 On tlie parr of flic road Hon. Riohard W. Thompson said Uiaf the new line was only located to Lake Maxinkuckee, and that the party were now merely upon a tour of inspection, and ns to tlielr northern terminus they would at an •arly day announce their determination. He admitted that they were perfectly astounded at the magnitude of Michigan City's business, H nl that everything looked far more favorable than was expected. Were this extension built the Vttnrialla would doubtless seeuro a handsome business in shipments of lumber southward, hut ft otu the coal traffic they would reap the greatest advantage, •s C*ay county block coal could he shipped by rail from Brazl to Michigan City and then distributed by tne take vessels over the Northwest at prices which could not be met by operators lu any other coal or as good quality. INTERESTING R*' MINISCKNCKS. Remarks Ones Thought to he Visionary, Twelve Years Later Prove True. On Saturday evening an old Atlantic A Great Western olHrlnl related to the railroad reporter of the Journal, when speaking of freight transportation ol tlie present day, a striking incident: In the year 1869 there was a meeting ol general freight agoiita at Cleveland, Ohio, at which ThoosasW. Kennurd, thru chief engineer ol the A. AG. W., was present, und wilt called Upon lor so ne remarks, in tlie course of which he said that transportation of coal for domostio fise, und of coal and iron oro for

manufacturing purposes, would bpeome a large anil important business, and be also remarked that the time was coming wheu gram would be oarried to the seaboard at one gent per ton per mile. Ills remarks created a smile, and one of the freight men alluded to him as being visionary. Yet, the Mahoning branch of the A A G. W., winch in that year moved only some ‘2o<> tons of coal, in the year 1882 carried over 1,000,000 tons, and 400,000 tons of iron ore; and grain is now carried from Chicago to New York at bj cent per ton per rule, which is cent less than lie foreshadowed. So far as coal transportation is concerned, the remark of Mr. Kennard would apply as appropriately to a majority of the railroads of New' York. Pennsylvania, Ohio, Indiana and Illinois us to tiie Maliouiug division of tho N. Y„ P. A O, •■- • GENERAL NEWS. Probable Changes on tlie L., N. A. & C. After tlie Retirement of Superintendent McLeod. A Louisville party, whose connection with the Louisville, New Albany A Chicago road is such as to enable hitn to know the programme of President Young, stutes that on the retirement of John McLeod as general superintendent, to take tlie position of vice-president and general manager of the Union Railway Company and Belt road, the office will bo abolished, and that W. M. Marshall will be appoiuted division superintendent, with headquarters at Louisville, and have charge of the L., N. A. A C. main line, and W. G. Sala division superintendent, with headquarters at Chicago, to have charge of the Chicago A Indianapolis Air line, and Chief Train Dispatcher Findlay will bo appointed muster of transportation. The 15ig Four Ail Right. M. E. lugalls, president of the Cincinnati, Indianapolis, St. Louis A Chicago road, was interviewed Saturday by a reporter or the Cincinnati Enquirer regarding the break in the stock of this road during Mr. lugalls’ absence. He answered the reporter by giving the April earnings of the road, whicU were $196,871.05, against $191,473.76 corresponding month, 1882. For the first week of May the approximate earnings of the road are $47,511.11, against $43,692.26 for the same period last year. The earnings for March of this year show an increase of $15,028.08 over those for the same month last year. For March of 1882, the gross earnings weje $201,7*23.10, and the net earnings $82,037 78. This year the gross earnings for the Same month were $*226,484.46, and the net earnings $97,062.86. “Not a bad showing," said Mr. Ing.ills, “l ho Big Four Is all right, and nothing is the matter with tlie road, and no cause exists why the stock should bo depressed. I hold a large amount of the stock, aud am perfectly satisfied with my investment/’ In a Position to Dictate. The talk about the consolidation of the East Tennessee, Virginia A Georgia with the Richmond A Danville, Norfolk A Western, Memphis A Charleston and the Erlanger system, originates in the fact that tlie East Tennessee is in a position to trade with either two or the other roads to the disadvantage of the other two. For instance> it can consolidate with either the Richmond A Danville or the Norfolk A Western for an eastern connection to the seaboard, and with either tbo Memphis A Charleston or the Meridian, Vicksburg A Shreveport for a western extension. The four roads that are therefore available for the eastern and western connections of the East Tennessee, are each unwilling to be of tlie two that would be kept out. Consequently there is a movement on foot to arrive at a basis of consolidation for the whole five. New Chicago ami New York Through Line. Nrw York, May 13.—The first through train on the new Chicago, Bt. Louis A Pittsburg railway, ranhaudle route, will be run on Monday. Tiie train, with a through sleeping car between New York and Chicago, will leave Chicago at 9 P. m., reaching New York the second morning nt Ba. m. Returning, it will leave New York at 6 p. m., reaching Chicago the second morning at 7a. m. This tfl the opening of anew and independent line between New York and Chicago over the Pennsylvania railway. Punhandle route aud new Chicago, St. Louis A Pittsburg railway. G. W. Smith's Latest Dodge. Competitors of the Lake Erie A Western road are protesting that this management, to secure business, are placing in the hands oi their agents what are kuown as shippers’ tickets, giving the agent instruction to give any shipper of importance one of these tickets free, taking this method to evade the agreement, between the East and West lines that they will not issue passes to secure business. Encroaching on I. A St. L. Territory. The Vandallu people, Saturday lust, entered into a traffic agreement with the management of the Jacksonville A Southeastern. The latter promises to be n valuable feeder to the Vandalia. General Freight Agent Gays, of the Indianapolis A Bt. Louis road, bus been notified that the Vaudalia, through this new connection would work for Litchfield, 111., business. The J AS. E oouneetd witli the Vundalia at Smltbsburg. The Rate War Ended. Louisvii.lk, May 13.—The war among railway rates to Chicago is at an end. Tho J., M. A f. withdraws its objections to the excursion rates to Chicago and return, made by the L, N. A. AC. for the 19th. The question of entting rates was auburn teil to the general passenger agents of tho roads interested for adjustment. Miscellaneous Notes. The reports for April show a decrease of about 10 per cent, in the west-bound traffic of the railroads Included in the trunk-line pool. Asa result of the punishment meted oat to the Peoria, Decatur A Evansville road last month by Commissioner Fink, for cutting rates, their earnings in April show a decrease of $7,025.09 as compared with April, 188*2. A Boston telegram says u serious construction fight. Is imminent between the Missouri Pacific an * the Atchison, Topeka & Santa Fe roads Boston people think the Missouri Pacific is fur nlslnng money for the construction of the Bt. Louis, Fort Scott A Wichita railroad. A dispatch from Austin, Texas, says: "Tlie Houston A Texas Central railway has defaulted In the payment, of interest and sinking fund due tin* State on loans made to it prior to tlie war. Tlie amount In default is about $28,000. The State will probably bring suit against the company. Another meeting of the general passenger agents of tlie railroads In the Joint executive commission and representatives of tne roads west of Chicago and Sr, Louis was held in New York on Saturday. The subject of rate cutting in San Francisco by agents of Eastern lines and the appointment of an arbitrator to settle the differences was discussed at length. Action wua taken, but has not been announc'd. PERSONAL AND LOCAL. H. S. Morse, Formerly of the 1., I>. A 8., Made General Manager of the Brunswick A Albany. John R. Elder left for New Orleans, on Saturday, to look ufter his Interests in the Luke Borgue road. General Passenger Agents Cliesbornugli, of the Vandalia, and Dering, of the J., M. A 1., returned yesterday from New York. J. W. Sherwood, superintendent of tlie C., 1., St, L. AC„ Is confined to ids room for two or three days by u sprained ankle. Ford Wood, or Springfield, 0,. assistant freight •vont or tlie Indiana, Bloomington A Western, spent the Sabbath with friends lu this city. fl. .8 Morse, formerly on tlie Indianapolis, Decatur A Springfield road, last week assumed the duties of general manager of the Brunswick A Albany road. Tho road is 171 miles in length. The Lawyer Would Have Been Sure of His Fee. The suit of Anna Hayden vs Charles Crockett, the Chicago, St. Louis A Pittsburg being made a co-defendant, comes up for a hearing on the 2(W n. Thin Hi the case whr re Mrs. Hayden wants $5,000 for rough treatment by said Crockett. Her attorney states that Crockett has intimated lie would give her $1,500 to withdraw me suit. If this be true, on tne old adage that a turd in urn hand is worth two In the bush, the plaintiff should have taken the $1.500. Loeal Notes. Tim BSC Lino company will tills week receive several new coaches. The 'passenger equl|inentsof this system are being put In condition to equal those run otr any roads ti this country.

THE INDIANAPOLIS JOURNAL, MONDAY, MAY 14, 18S3.

Especially are the new equipments of superior build; wuile substantial tney are elegantly finished aud all modern conveniences fur comfort and cleanliness are introduced The stockyard train over the Indianapolis A Vincennes road comes off to-day. A suburban train to run as far south as Maysviile goes on, und will make several trips daily. The five Western roads, last week, brought into Tndianannli* 2,987 loaded cars, us follows; I. A Si. L .965; Vandalia, 933; T. Bt. L A G, 570; L, B. A. W., Peoria division, 3GI; Bt. Louis division, 158. Prospects are not ve.ry favorable to there being much done in the way of excursions this season. Tho fact is that regular rates are now o cut that it would hardly pay to run excursion trains at lower rates. To-day the Chicago, Bt. Louis A Pittsburg road takes ibo position or au independent through line, and will have through conches from Chicago to Pittsburg, and Pullman drawiug-room sleeping cars Chicago to Philadelphia and New York. The Paris accommodation, recently put on over the Indianapolis A St. Louis road, is proving to be • popular train aud quite a convenience for parties at points between Paris and Indianapolis who wish to opeud a few hours iu the city, aud then return at a convenient hour. Chicago papers are speaking in very complimentary terms of the offices of the Chicago A Atlantic, at Chicago, which have been titled up in fine style. Indiunapolilau is especially interested in these favorable notices , from the fact that the desks and furniture were furnished by King A Eider, of this city. Train men on the Bee Lino system are gathering around the anxious seat. Fora few days past Superintendent Ewan, Master Meohunio Lupe and Chief Train Dispatcher O’Hara, of tho Indianapolis division, have beeu examining u number of third-class engineers, baggage masters and hrakemen, ana are giving those who aoqnt themselve as l#eing competent to fill huncr positions toj understand.that they are to be promoted. The Indiana, Bloomington A Western Railroad Company ih expending considerable money this season ia building new depots on the several divisions. Five have already been com pie ted. aud pluns and specifications for seven more have been prepared. General Manager Henderson states that when they have their improvements of this character completed, the depots on the 1., B. A W. system will he the neatest and most conveniently constructed to be found on auy system of same inilago in this country. To give an idea of what an unusual!)' largo per cent of cars is moving over Indianapolis lines, we give below the official statements of several or the roads: The Vandalia received amt forwarded nt tins point last week 2,921 cars; of that mini her 1,126 were empty. Tlie Indiana, Bloomington A Western, all division, 1,183: of tlie number 410 were empty. The Cincinnati, Indianapolis, tie. Louis A Chicago, both disvisions, 4,057; of the number 977 were empty. And the proportion is ranch the same on the other linos. TIIE COURT RECORD. Supreme Court—May 12, OUTGOING CLEUK—LIABILITY FOR MOSSY COLLECTED. 9,787. Commissioners of Scott County vs. James F. McFadden. Scott C. C. Howk, J.—Claim by appellants against tlie rotate of John H. McFadden, former clerk of the county 1 *r money collect on u judgment in favor of appellant. The evidence allowed that all the money so collected was in the possession of Wilson, who succeeded McFadden as clerk, having been ilm latter’s deputy, after Wilson entered upon his duties as clerk, and was never in posst-s----sion of McFadden. Upon this state of fans Wilson became as liable tor the money and his predecessor became as fully discharged from llabilBv, as he would if he hud formally turned over to Wilson, as clerk, such tnones'. It makes no difference in legal effect whet tier the outgoing clerk formally pays such moneys to his successor, or the successor, having Already, as in thm case, the possession of the money, qualifies and takes possession of the office. Judgment affirmed. FRAUDULENT CONVEYANCE —CONSIDERATION, 8,368. Wm. Powell vs. Henrietta buckuey. Poi ier C. C. Elliott, J.—Under our stntnte fraud is a question for the Jury, and n case is not made out by merely showing a sale of goods without charge of possession, it is necessary for the party alleging fraud to show at least that the vender had no other property subject to execution. (76 Ind., 590; 27 id., 29; Bump. Fraud. Conv., 6*2 ) Where a surety assures payment of a debt of the principal, and mortgages his real estate to secure it, and in consideration of these acts personal property is conveyed to him by the principal, the transaction rears upon a valuable consideration, and the Conveyance cannot lie set aside unless it he made to appear that both buyer and seller wore guilty of trawl. The rule governing voluntary convey an oes does not obtain where the conveyance is made upon a valuable consideration. Judgment affirmed. KKEPINO DISORDERLY HOUBE —LICENSE. 9,977. Thornton Brubaker vs. the State. Huntington (J. C. Zol I ars, J.—ln a prosecution against a licensed liquor seller for keeping his house in a disorderly manner, it is necessary to aver the existence of the license iu the indictment or affidavit and information. (52 Iml. 488). The existence of such license is au affirmative fact necessary to be proved in some way where a forfeiture of tho license is asked under the statute. There is no presumption to take the place of such proof, aud it cannot be expected that tho accused will produce evidence to establish it. The general rule is that every substantial affirmative allegation in the iudiottneut, material to tlie offense, must be made good by the prosecution. (Whait. (.’rim. Law., see. 592; Bishop (’run. Pr. sec. 1,056, 1057; 30 Ind., 83: 31 in., 246.) The Court erred in instructing the Jury that the existence of the licouse need not be proved. Judgmeut reversed. UNDERTAKING FOR COSTS —EVIDENCE. 9,530. Johu Hiott vs. Edgar C. Davis. Tippecanoe C. C. Bicknell, o.—The costs recovered by a party are those made by him, and for w hlch he is liable. (29 1nd.,495; 59 id., 341.) Tills was an action appellee against appellant upon an undertaking for costs in the case of Foster vs. Davis. It appeared from tne witness-book and the suhpuHitiH issued iu tiie case that Reveti of the witnesses whose fees were part of the sum recovered were Foster’s witnesses For their fees Davis was not liable aud could uot recover them in Mils suit.. The damages were therefore excessive. The objection that tlie cotnpluiht tails to show what part of the costs were made by the appellee. or that he had paid or was liable to pay any of them, was well takeu. (68 lud., 301) Judgment reversed. APPEAL BJND —DAMAGES. 9,739. Phoebe Scott vs. Charles F. Marohaut. Whitley O. C. Black, O.—Aotlon by appellant on an appeal bond executed by appellees. ot|*ippeal to this court. In the action in which (he appeal was taken it is alleged that the plaintiff sought to recover n personal judgment against one Furman and the foreclosure of a mortgage, the appellee being made a defendant, because he claimed to own the mortgaged land by purchase from Furman; that a judgment of foreclosure was obtained, but it is not alleged that a personal judgment was obtained against any one. By the bond the appellee was only bound lo prosecute Ilia appeal from the judgment so far as it affected him. and to pay the judgment and costs rendered against him in tills court. (26 lint 1, 12.) The bond only prevented appellant from proceeding against the land, but dni not prevent her from otherwise enforcing colbenorvof the judgment. Kim was uot entitled to the nossession of the land pending tlie appeal, nor to the rents and profits thereof. No money judgment was rendered against appellee either in the court below or in this court. By his appeal he simply caused delay in the enforcement of herju tjrment against Ids land. Tlie value of the land at the date <f appeal is not aimed, nor whether It depreciated during the appeal, and what might have heou realized out of it if the sale lmd not been delayed is not alleged. If tiie complaint showed a cause of action for nominal damages, it does not furnish ground for tiie reversal of the judgment. Judgment affirmed. SUITE BY HEIRS—PARTIES AS WITNESSES. 8,973. Adelltt Harding as. Mahala Elzcy. Harrison (\ Franklin, ('.—Action by appellants to recover possession of cerruin land. Both parties claim title under one Fleshumii; the appellants bv virtue of a deed niado to t.hetr ancestor, In 1873, and tlie appellee by Virtue of a parol contract made ill 18(51, and fully performed. The question is Whether the court erred iu allowing the appellee to testify lu her own India.f, under section 499, R. H., 1881. Ilerclaim to tlie land does not anooiilot nor is iu uny milliner connected with any contract made with appellant’s ancestor, and rtoeit not come within tlie letter or spirit of the sfafiite. film Claims under a conrraet with a thir<i party, who, for aught that appears, is still living and a competent witness. Hhc did not testify as to any “contract made with or demand against" appellants’ ancestor. Besides this, the deposition of appellant's ancestor was read at the trial, and tltev had the benefit of his testimony the same at* if he had been living. Jil'ignieut affirmed. j JJBKL- —ItIGHTH DP PHFAS —CRIMINAL PRftCRD* Pit 16,70 ft. Tho State vs. Aler. W. Db Long et si. \ Huntington (5. C. i Nlhlack, J.—Prosecution for libel In publishing the following words: "Tho rascally conduct of

Pat Boyle, mayor of tlie city of Huntington, and his pimps, in arresting and fining men on tlie most frivolous pretexts, would n *r, be tolerated iu any other town iu Northern Indiana. There will be some lynch law in forco non of these days." This language must have oet..* understood as imputing official dishonesty, if ui corrupt ion, to the officer named. Its tendency evidently was to degrade the officer and to excite to revenge. The affidavit charged that it was malicione. These constitute all the substantial elements of a libel iu a chmc like this. (Odgers L. A 8., 35; Townsend, sec.‘2s4; 7 Ohio, 196: 68 Ind., 538: 122 Mass., 235.) 8o much of section 1,679 of the statute as requires the affidavit to ne filed with the clerk by the person making it. Is directory merely, and need not be literally complied with. (81 lud., 315.) The essential requisite is that au affidavit charging an offense be first made, so that an information may be bused upon it. Ir was not intended to exclude every other method of oouimeucmg prosecutions by affidavit aud Information, tlie object being rather to enable competent und reputable persons to cause prosecutions to be instituted against offenders without tlie assistance by or against the wishes of the prosecuting attorney. Where it appeals that the information was based on what purports to be a proper uffi davit slid was filed with or at tlie sauio time ns the Information, an objection that the affidavit was not filed in time cannot be sustained, (48 lud., 289; 56 id., 379; 63 id., 376.) Judgment reversed. CHATTELS—DECLARATIONS OF PARTY IN POSSESSION. 9,440. John B. Bunnell vs. David Studeoaker. Cass C. C. Bicknell, o.—Action by appellant to recover damages for the uuUwful taking of Ills mate. The defendant, Ilodge, was defaulted. Studebaker’a defense w r as that he found Hodge in possession of the mare, claiming to be her owner, and that ho borrowed her of Ilodge aud returned her to bun before suit without knowledge of piaiuiifTs claim. The court permit tod btudeb.tker to prove the declarations of Hodge widieiu possession as to the ownership of tho mare, in the absence of the plaintiff. This was noterror. Appellant tried to show a oorrupt combination between Hodge und Stadehaker to put the mare out of his reach. The declarations of Hodge were competent. The possession and use of the mare by hiiu was prim a facie evidence of ownership, and the declaration of a party in possession that lie holds as owner are competent as part of the res gestae, and tlie eon versMtions between Hodge and Sliidcbaker show - ing the oircuniatunoea under which tiie Utter took the mare and the purpose for which he took tier were competent to be proved by anyone who heard them during the continuous possession by Hodge. Judgment affirmed. The following cases were also deetded: 10,046 Batorffvs. Covert. Clerk C, C. Affirmed. B-s% 0. 9,8*29. Kinsey vs. Sattertwlialte. Huntington C. C. Affirmed. Morris, C. 9,748. Mowbry vs. City of Peru. Miami C. C. Affirmed. Black, C. 8,3*20. Burkhalter va. Burkhnlter. Tippeca noe 0. O. Affirmed. Franklin, C. THE EPISCOPAL BISHOPRIC. Vacillating Conduct of Rev. Dr. Nicholson— The Convention Next Month. The Madison Btar has this to say of the Episcopal bishopric; "The Star has been in possession of th fact for several days that Rev. Dr. Nicholson had withdrawn ms intended visit to Indiana last Wednesday, but we have been waiting for further information regarding the matter. When Dr. Nicholson was elected Bishop of the Episcopal church of Indiana at the convention of the church, last March, it. seemed to be a surprise to him too great for his mental and physical conriitior. That convention adjourned to meet on the 28th of March, same month, anil requested a decision. Tlie learned Doctor was so disturbed lie got sick, fled to his old domestic home iu Baltimore, and, after much suspense, sent his letter of declination of the bishopric to the standing committee, but altogether too late for the convention to meet, and after the standing committee had recalled the meetion of tlie convention. Then afterward letters were received from tlie Reverend Doctor clearly showing that his mind continued greatly disturbed, that lie feared he had made a great mistake in declining the bishopric, that he was stiil consulting his conscience and his God in tiie matter, which was all right; that he did not know exactly what to do. but that he would visit Indiana before deciding, and would bent the Now-Denison Hotel on the 9th of May (last Wednesday ). Before the 9th of May dawned upon iis, the irresolute Doctor sent word that he would not come West, and now we have the fuller information that he will not condescend to ne tlie Bishop of the Episcopal Church of Indiana. It is well. When tlie Episcopal Church of fndianu does get a bishop we hope he will he a man of sound Judgment and prompt decision. When Dr. Nicholson was elected by the convention it was thought he was Just the man for Indiana, but the God who rules all things and protects His church has protected Indiana iu this special Instance Now tlie clergy and laity of tlie church in Indiana are left to consider the matter of the bishopric carefully and maturely before the convention meets on theCrhof June proximo. The Van Bokelens, Harrisons, and others gratuitously mentioned by newspaper correspondents will have but a small follownlg in the June convention. Now, that this stir-up about Dr. Nicholson’s withdrawal or non-withdrawal of his declination of the bishopric of Indiana has been brought to an end, we will have a rest till tlie June convention. Thar convention will elect a bishop, and we hope lie will be a man with a full share of common sense us well as ecclesiastical learning und pulpit eloquence. The Demand for Divorces. On Saturday Clarissa A. Woodgale instituted proceedings for divorce from her husband, James Woodgale, alleging abandonment and failure to provide.. They were married Aug. 17, 1881. FrederiokaLluk wants a legal separation from Leopold Liuk, to whom she was married Aug. *21,1881, and tho custody of their child. She alleges abuse, abandonment and oharges that he Is rapidly squandering her money. Mrs. Margaret Nicholson, from whom her husband, David Nicholson obtained u divorce about nine years ago,has filed a petition asking that the decree be set aside—alleging that it was obtained by misrepresentation—so that she may tile a cross complaint and demand $25,000 alimony. She oiaims that Nicholson obtained tho divorce so as to marry another young woman, which he subsequently did, and thut he promised the first Mrs. N. SIO,OOO if she would uilow It to be grunted, which, however, he failed to puy, hence the suit. Tlie New Evansville Police Commissioner. A meeting of the State officers was held Saturday morning, and Edward E Law was appointed metropolitan police commissioner of Evansville, to fill the vacancy caused by tlie resignation of George W. Haynie. The appointment was foreshadowed by the Journal, und was no surprise. The new commissioner Is ason of Judge Law, a member from the First district of the Thirtyseventh and Thirty-eighth sessions of Congress, and is ayonng lawyer. He was chosen for the one year term, and, It Is understood, will be very Acceptable to the young Democracy of Evansville, which has nootlier meaning than tiiat the political lines will he drawn as closely us the law will permit iu the organization of tno metropolitan police force In that city. "Well, you liavo confirmed tlie Journal’s appointment of the Evansville police coiumissionoit" was a remark made to Auditor Rice, Saturday ufternoon. “Yes," repeated tho wag, “wo hid to follow tho Law." ________________________ For one dime get a package of Diamond D. nt the druggist’s. They color anything tiie most desirable and fashionable color.

WHEN you want Ginger, lon’t ask for Jamaica Ginger, but ask for tbo GENUINE PHILADELPHIA GINGER Made by Frederick Brown. It Is the only reliable and Genuine, and will give relief in Cramps, Colic, Stomaeh-ael|o and ALL Stomach Disorders. Remember! Always ask for Brown’s Ginger THE GENUINE PHILADELPHIA.

A NOTED BUT UNTITLED WOJIAN. T?rom tho Bostua Globe.]

A

Jfenrs. Editors Tlie above id a good likeness of Mrs. Lydia R. Pinkham. of Lynn, who above all other human beings may be truthfully called the “Dear Friend of Woman, os some of her orrcspondcnt3 love to call her. She Is zealously devoted to her work, which is the outcome of a life-study, and is obliged to keep six lady assistants, to help her answer tho largo correspondence which daily pours in upon her, each bearing its special burden of suffering, or Joy at release from it. Her Vegetable Compound is a medieino for good and uot evil purposes. I havo personally investigated it and am satisfied of tho truth of tlds. On account of Its proven merits, it Is recommended and prescribed by tho best physicians In tho country. Ono says: "It works like a charm and saves much pain. It will cure entirely tho worst form of falling of tho uterus, Lcucorrlicea, irregular unci painful Menstruation,all Ovarian Troubles, Inflammation and Ulceration, Floodings, all Displacements and the consequent spinal weakness, and Is especially adapted to the Change of Life." It permeates every portion of tho system, and gives new life and vigor. It removes faintness, flatulency, destroys all craving for stimulants, and relieves weakness of tho stomach. It cures bloating. Headaches, Nervous Prostration, General Debility, Sleeplessness, Depression and Indigestion. That feeling of bearing down, causing pain, weight and backache, is always permanently cured by its use. It will at all times, and under all circumstances, net in harmony with the law that governs tho female system. It cons only sl. per bottle or six for $3.. and fa sold by druggists. Any odvioo required as to special cases, and tho names of many who have been restored to perfect health by the use of tho Vegetable Compound, can be obtained by addressing Sirs. P., with stamp for reply, at her home in Lynn, Moss. For Kidney Complaint of either sex this compound ia unsurpassed as abundant testimonials show. " Mxsi Pink ham’s Liver Pills,” says one writer, “oro the best in the world for tho cure of Constipation, Biliousness and Torpidity of tho liver. Her Blood Purifier works wonders in its special line and bids fair to equal the Compound in its popularity. All mnst respect her as on Angel of Mercy whose solo ambition is to do good to others. Philadelphia, Pa. (?) Mrs. A. M. D.

(DSHEIIS &imRS

BRUSH ELECTRIC LIGHTS Are fast taking the place of all others in fao tories. Foundries. Maeliino Shops and Mills. Parties their owu power can procure an Electric Generator and olnain nmoh more light at much less coat than by auy other mode. The incandescent and storage system has been perfected, making small lights for houses and stores hung wherever needed, and lighted at will, day or night. Parries desiring Generators or to form companies for lighting cities and towns, can send to the Brush Electric Cos., Cleveland, 0., oi to the undersigned at Indianapolis. J. CAVF.N. ARFNTQ Wanted. 12,500 In Cash Prltes HUC.II IO to Agents- A NEW BOOK by -MARit TWAIN* ■MTITLSD “LIFE ON TIIE MISSISSIPPI.” 4 rich theme, and the richestSraciest volume of all the TWAIN (eric*.* CharacieriMii illustrations. Fur particulars address TfOKSHKE JL McMAKIN. ’lm !nn*tl. Ohio. Symptoms and. Cure. fIE Ml fl T, '° niptoms are: mois|if \ ture, like perspiration, tntense itching, increased by scratching, very distressing, | I ) a particularly ut nightj seems 1,8 ir pin-worms were crawl/£tauc Ing In and about the rectum; (li 8 ?“ the private parrs are somejjaavwa/ times affected. If allowed lo continue, very serious results luay follow. “BWAYNE’S yirj'V'&lfn K OiNTMKNT’ is a pleasant, sure cure. Also, for tetter, THECRofr^*€uR£FOR Itch, Salt. Rheum. Scald Head, Miliur Oi/fC Erysipelas, Barber’s Itch, ffltff//Vv riLLO Blotches, all scaly, crusty Skin Diseases. Sent by mail for 50 cents; 3 boxes, $1.25 (in stamps). Address I)r. StVAYNE <fc SON, Philadelphia, Pa Sold by druggists. NOTICE. Cleveland, Columbus, Cincinnati & ; Indianapolis Railway. > Cleveland, O, April *2, 1883. ) Notice is hereby given to tho stockholders of tho Cleveland, Columbus, Cincinnati A; Indianapolis Railway Company, that a special meeting of the stockholders of said Railway Company will be held at ttie general office of the company in the city of Cleveland, O, on the 6th day of June, 1883, at 11 o’clock a. m , for tlie purpose of voting upon a lease for ninety-nine years of tho Ht. Louis, Alton A Terre Haute railroad to the Cleveland, Columbus, Cincinnati & Indianapolis and the Indlatiapollg & St. Louis Railway Companies, and to consider said lease, and to authorize, ralfy and confirm said lease or reject the same, and to take such other act ion in regard to said lease us the stockholders muy deem proper. By order of the Board of Directors, GEORGE 11. RUSSELL, Secretary. IIROPO9ALB FOR PO9TOFFICE ENVELOPES. POSTOFFICF. DEPABTMKNT. Washington. D. 0., May 1, 1883. Sealed proposals will bo received at this Department (mill Thursday, tlie 7tl day of Juno, 1883, at 12 o’clock m , for furnishing Post office Envelopes. In such quantities and at such times as they may bo ordered, during tlie fiscal year ending Juno 30, 1884, of tho following clashes, viz.: Nos. Ito 4. For Official Letters and Returns. No. 5. For Returning Dead Letters. No. (5. For Registered Packages. No. 7. Tag Envelopes for Registered Packages. No. 8- For International Money-order Advices. Blank forms of bids, with samples and full specifications, will be furnished upon application to the Third Assistant Postiuustur-geuerui, Washington, D. (\ W. (.J. GREHHAM, Postmaster-general. T)B0P08ALfl FOR TICKET FUNCHE9. Postoffick Department, Washington, D. ( , May 1,1883. Sealed f.roposals will be received at tills Department until the ‘2d day or June, 1883, for furnishing 6,500 Ticket Punches, either stationary or In tho form of pliers, to be delivered at tins Department on or heroro tho LOih day of Aogu*r, 1838 The punches arc to supply anew want of the service, being required for use in the issue of postul notes. Bidders will submit with tlielr proposals samples of tlie punches offered lo bo furnished by inoin. Ail proposals arc to be made in accordance with the printed forms and specifications which will be furnished on application, by letter, to tiie Huperinteudont of too “Money-order Mrstem, Pnstnffic.H Department, Washington, I>. C-," to whom bidders should address their sealed proposals, marked on tho cuvolope, “Proposals for Punches." A decision on tho bids will be made on or before the 6th day of June, IHB3, tlie right being reserved to reject any or ail of them. W. Q. UREHII AM, Postmasier geoerul.

BUSINESS DIRECTORY. INDIANAPOLIS. _ A.BSTRACT3 Or riTL.£ ELLIOTT ± SUTLER, NO. 3 .ETNA BUILDING. ATTORNEY-AT-LAW. “ SHEPARD, ELAM & MARTINDALE, ATTORNEYS-AT-LAW, <£tnn Building, 19*3 North Pennsylvania St. ' 1 ■ -J ESTATE AND INSURANCE. ALEX. ~ INSURANCE and LOAN, REAL ESTATE aud STEAMSHIP AGENCY, Second Floor Odd-fetlows HalL TRUNK MANUFACTURKR, 1? ULL ABB< >RTM KNT. TUU NKS M . order. Repairing neatly done. JAMES BOGERT. Telepnono to Bates nouso Trunk Store. MISCELLANEOUS. INDIANAPOLIS PHONOGRAPHIcTnSTITOIf Room 31. Bates Block, opposite P. O. Instruction given in Shorthand and Type-writ-ing. Positions procured for flienographers. Business men furnished with Stenographers and Type-writer operators. Dictation taken, and copying done to order on tne Type- writer. The Remington Type-Writer Agency, PATENTS, MODELS AND PATTERNS. JOITTS T SO>T & CO., Corner of Georgia and Delaware Sts. He ecu les powder, the safest and strongest powder in the world. Powder, Caps. tuse. and all tne tools lor Blasting sunup* kept by C. H. JKNNE, Sole Agent, 29** North Pennsylvania street. Indianapolis Oil Tank Lins Go, DJiAXKHS IS PETIiOI.EUM PF.ODUOTS. Corner Pine and la>rd Streets. SAWS. W. E. BARRY, Saw Manufacturer, 132 and 131 8. Pennsylvania 36. Smith’s Chemical Dye-Works, No. 3 Martindale’s Block, near Postotfioe, Clean, dye and repair gentlemen’s clothing; aUo, ladies’ dresses, snawis, aacques, and silk aud woolen goods of every description, dyed and tetimailed; kid gloves neatly cleaned at, 10c pef pair. Will do more ttrst-ciass work for less monov than auy house of me kind in tiie State. JOHN I>. SMITH. ocean steamers. STATE LINE BETWEEN New York and Glasgow, Liverpool, Dublin, Belfast and Londonderry. These first-class, full-powered steamers WiU sail from New York EVERY THURSDAY. First Cabin, s6n to $75, according to accommodations. Return tickets, sllO to $l3O. Second Cabin, S4O. Return tickets, #75. dteerugo, outward $26; these steamers cany neither cattle, sheep nor pigs. Prepaid ticket* for stceraga passengers from Europe reduced to s2l. Apply to FRENZEL BROS., Agents, 48 East Washington street, ALEX. METZGER, Agent, 5 Oddfellows Hall: JOHN 11. OHR, Agent, Indianapolis; AUSTIN, BALDWIN St CO., General Agents. 53 Broadway, New York. ANCHOR LINFi United Stutes Mail Steamships Bail from New York every Saturday/or Glasgow via Londonderry. Cabin passage, S6O to SBO. Second Cabiil, S4O. Bteerage, Outward S2B. Prepaid s2l. LIVERPOOL AND QUEENSTOWN SERVICE. FUR NESS IA sails May 26, June 30, August 4. CITY OF ROME sails June 9. July 14, August 18. BELGRAVIA sails June 16. July 21, August 25. Cabin passage S6O to SIOO according to accommodations. Second Cabin and Steerage as above. Anchor lane Drafts Issued at lowest rates are paid free of charge iu England, Scotland and Ireland. For passage, Cabin Plans, Book of i "tirs, etc., upplv to HENDERSON BROTHERS. New York, or ALEX. METZGER; 5 Oddfellows’ Hull, or FRENZEL BROTHERS. Vuuoe Block, Indianapolis.

There lias never k been an ioHtsnce in which this sterling J uvigornlit and antifebrile medicine has failed to ward off tho complaint, when taken duly as a protection against, malaria. Hundreds of physicians have abandoned all tlie officinal specifics, and now prescribe this harmless vegetable tonic for chills and fever, ns well ns dyspepsia and nervous affections. Host otter's Bitters is the specific you need. For Bale b] all druggists and dealers generally.

1,000 NOW IN USE IN THE CITY.

No Kindling RqnlrA(i No Coal to Carry; No Ashes to Remove. Pricoa from to sld. Beo Otto Bileut Gas Lnsino. Wo sell to gas consumers In this city only. On exhibition anti for sale by the GAS COMPANY, No. 47 South Pennsylvania Street.

ST. LOUIS &ST. PAUfI Fine Side-Wheal Passenger Steamers ST. 1,0018, HANNIBAI, CtJINCT. Ir^3 ' roN ' rock Island. CLINTON. DOBUQUH. ' XIACRO33E, ST. i>AUt, Bud MTONEAPOUB. Bt. Paul Packets leave St. Louis ever/ Monday,Wednesday and Friday, at 4p m. Quincy i Keokuk Packets le.tvo St. Louis daily, Sunday excepted, nt 4 p.m. - Excursion Tickets nt low rotes to St. Paul, Lakd nlinontonkH and all Northern Summer Itasnt ta. Direct and cheapest route to Dakota. Montana and Manitoba* For Illustrated Guide Book, time tables, ii.ia&eagsC and freight rates, and other Information, address, .. ST. Louisas ST. PAUL PACKET OOLtffc* wharf bout foot of Olivo St.. BT. LOUISTHF^

Our warranty covers all real defects. Real for catalogue and special quotations. 200 to 210 S. Illinois Street, INDIANA.POLI3, IND. kinds of Saws repaired. NEW HOOKS. Polio of Music. Companion vol. to Song Folio, [>or; by pn*i 60 Fnclish Stylo in Pnlillo lJiseouvet*, by Austin Phelps. I) D _ f‘3.o^ I.lvlng Fngllsh Poets 2.00 The Keul Lord Hyroti, by Jolm Coni.’s Jeaferson Frqr 20 BOWEN, STEWART & CO., No. 18 W. Washington 3t.

OA.S STOVES.

E. C. ATKINS & CO., Manufacturers of best refined Cast steel and the celebrated Silver Steel CirouUl' and Cross-Cut SAWS.

7

Tier give Perfect BAtlefeetlea,