Indianapolis Journal, Indianapolis, Marion County, 15 February 1884 — Page 7

■uVITAIUS OF THE RAILWAYS. Personal fuid Local. V'-Albert S. White, general agent of the Beo-line at this point, has gone to Cleveland. C. E. Henderson, general manager of the 1. , >B. & W. system, is expected home from New York to-day. s The live stock tonnage shipped East in Jan- , uary over the five Eastern lines, hilled from In’dianapolis, was 5,130 tons. C. C. Peirce, of the Merchants’ Despatch at Jthis point, who is much out of health, has gone to New Orleans for a month. W. H. O. Cochrane, formerly New England agent of the Hoosac Tunnel line has been appointed agent of the new Nickel-plate at Boston. The fast mail trains of the Chicago. St. Louis & Pittsburg road are beginning again to amvo on tittle, the troubles from high waters lia\ m 0 been overcome.

Paymaster Snee, of tho Pennsylvania lines vest of Pittsburg. Yesterday paid on the Indianapolis division of the C., St. k* & to day pay over tho Indianapolis As \ inconnes road. In the month of January, 25.353 tons of flour, grain and provision were shipped Last from Indianapolis proper, over the five roads which report their tonnage to the Indianapolis Freight Association. Geo L Greene, who has boon appointed superintendent on tho Boston* Providence road, vice H. A. Chase, deceased, commenced as an office boy fifteen years ago, and is not yet thirty years of age. The Connersville accommodation train, when the expense of running it is considered, is said by one of the officials to be one of the best.payling passenger'train run on tho Cincinnati,Hain■ilton & Indianapolis road. Daniel Donough, general ticket agent of the Union Railway Company, has just commenced ! his twenty-first year of service with them, and in that period has taken but one vacation, and 'that was of only one week. The members of the Yardmastcrs’ "Mutual Benefit Association, propose to make the salary of Joseph Sanger, their secretary and treasurer, sucli a sum that he may devote his entire time to tiie interests of the association. Refrigerator ears which come North laden with bananas and Southern products, are being loaded back with potatoes consigned to New Orleans parties. Several carloads _ have been shipped south over the "Vandalia iu the past forty-eight hours. A. B. Southard, traffic manager of the L., N. A. & C. system, was summoned "to New York by the president of the road, and'tlie fact that the late traffic manager, E. B. Stahlman, and Murray Kellar are in New York gives grounds for speculation at least. The Chicago, St. Louis & Pittsburg on Saturday last brought west on one train, over the Indianapolis division, ninoty-four toils of mail and fifty-four tons of express matter. The train consisted of six postal ears and four express cars loaded to the roof, the conductor stated. R. W. Geiger is in the city. He eame up to ; attend the meeting called by Commissioner ■Richardson, of the 1 'hieago and Ohio river pool. As several of the other general freight agents of the roads in the pool were unable to attend, the conference was postponed until next week. Some sixty passenger coaches belonging to the C., 1., St. L." &C. are standing on their sidetracks in the eastern part of the city, awaiting the opening of the road to Cincinnati again, and a finer passenger equipment it would be difficult ■to find in this country on any road of its length. ■C. 0. "Waite, general manager of tho Cincinnati, Hamilton * Dayton lines, declined to run nn excursion train on Sunday next to Cincinnati. Mr. Waite says hi's preferences would be to run no trains on the Sabbath, and his orders are that ' ns few trains be run on that day as circumstances will allow. Paymaster Sullivan, of the C., 1., St. L. & C., yesterday left Cincinnati by boat, carno to Aurora, then over the 'O. & M. to Vernon, and there commenced paying the employes of the Big Pour system for January service. President Ingalls ißfeems not to have forgotten the needs of tho employes, if the road was suffering in its business seriously from tile flood.

TOE SECRET OF THEIR PROSPERITY* The Pennsylvania Railroad Management Promotes Reserving Men. The smoothness with which the affairs of the iPennsylvania lines, both east and west of Pittsburg. move along, excites frequent and favorable comment, and that such is the case is largely duo to the fact that when an official retires on account of old age, ill health, or is taken away *>y death, his place is filled by some man who is next in line of promotion, who has been educated on the Pennsylvania system. This week William Hasett Wilson, who has been selected to fill the place in the Pennsylvania railroad vacated by the death of the late Strickland TCneass, hasbeen elected to the presidency of the Philadelphia & Trenton, Belvidere, Delaware & Philadelphia and - Erie railroads, and has also been .made a director in several of the New Jersey corporations controlled by the Pennsylvania Rail - road Compamy. Mr. Wilson is one of the oldest officers in the service of the company. The position of real estate agent* made vacant by Mr. Wilson’s promotion, will, after March 1, be filled by Mr. JohnC. Wilson, who has for several years •past held various responsible positions in con jKwtion with the Pennsylvania Railroad Company, and more recently as assistant to Chief Engineer Brown. James McCrea. manager of the Pennsylvania lines west of Pittsburg, and the superintendents of the respective division all reached their positions through promotion, all of whom fill such positions with great ability, and much better than they would have been filled had the management of the Pennsylvania lines filled the offices with outsiders, so to speak. A WEAK PLEA. Five Roads Cut Rates Because an Unrecognised Narrow-Gauge Road Does. An old freight man yesterday remarked that he thought the five standard-gauge roads running east out of St. Louis would cut rates on the thinnest excuse that any general freight agent could devise. Now for two months rates had been demoralized at St. Louis because the freight agent of a weak narrow-gauge road had offered a reduced rate. lie thought it was a disgrace that a so-called trunk-liuo pool should be even worried about what a road in the present condition of the Toledo, Cincinnati & St. Louis could do. First they had not cars enough to do their local business, which certainly pays better than through traffic. Second. if they had the cars, their road bed was in such condition that there was no telling when the property would get to the seaboard, and really the TANARUS., C. St. L. was not in the field as a competitor for through busiuess, and before the road could become a competitor hundreds of thousands of dollars must be expended on the road-bed and its equipments. lie said the faith of those who have-invested in the road is wonderful, and they may advance the money for sucli improvements. Asa local road narrow-gauge lines may do satisfactory service, but never as a through line; therefore he looked for the changing of the gauge of the road to standard gauge, hut until this is done, were he the general freight agent of a St. Louis road, he certainly would not base an excuse tor cutting rates on anything this nar-row-gauge road might do. GENERAL NEWS. Che Growth of the Chicago, Milwaukee & St. Paul Road. The mileage of this road is shown to have doubled in the last five years, and there was an increase in gross earnings of 13G per cent, from 1879 to 1863, against an increase in mileage of 102 per cent, showing that business has grown faster than facilities for transportation. During the past two years mileage has increased only 13-percent., while gross earnings-have increased cent.., net earnings 47 per cent., and interest only 30 per cent The record of 1883 is of

interest as throwing light upon another problem. Tho granger war of 1882 ended with an agreement that St. Paul, Northwest and Rock Island should each maintain rates, hut got all the business possible during the year 1883, such business to be the basis of a pooling percentage, if mutually agreeable, in 1884. The business of 1883 lias, therefore, been a test of the quality of the three roads. The result has been extremely favorable to St. Paul, whose gross earnings for the year increased $3,273,281, against an increase by Northwest of $1,081,897. The earnings of Rock Island are not reported, consequently no comparison with it can be made. It seems probable, however, that St. Paul more than held its own in the competition of the year with the Chicago * Northwestern, and the Chicago & Rock Island. _ Tho Decision Will He Watched with Interest. Tho Court of Appeals of New York is to bo asked to determine the exact status of railroad passes, with reference to risk against accident that a person accepting the pass assumes. A test case will grow out of a suit which was dismissed, ou Monday last, iu the lower could, brought by Emigrant Commissioner Ulrich against the New York Central Railroad. Ulrich was a passenger on the train wrecked at Spuyten Dtiyvil, where Senator Wagner, the palace-car maker, and others lost their lives, and suffered injuries at that time, besides losing his baggage. Ho brought suit against the company for $19,000. His counsel urged that the accident was due to the company’s negligence, while the defense pleaded that"as Ulrich was carried on a free pass, lie thereby assumed all risk by accident, the free ticket expressly stipulating as much.

Will East-Bound Rates lie Reduced? There is much interest shown in the results of to-day’s conference of the presidents of the trunk lines, and it is believed that east-bound rates will be reduced to the basis of 20 cents per 100 pounds from Chicago to New York. To have reduced rates at the meeting last week would doubtless have been construed as ail acknowledgment that rates were demoralized generally, and that the pool was a failure. Now it can be done without giving any grounds for such a belief. On Tuesday last" Commissioner Fink remarked to a reporter of tlie New York World that the trunk line situation is more lihrmonious than it lias been for months. Details of the clearing-house scheme are being prepared. Tho Commissioner further says that cutting will he almost impossible without detection, under the clearing house regulations. Why He Got the 23 Ter Cent. Within the last few days some rather amusing excuses bavo been offered by general managers, when summoned before their superior officers for cutting rates. A case to the point is that of the general manager of the Nickel-plate Fastfreight line. This line last week took 23 per cent, of the east-hound business out of Chicago. This exhibit excited considerable comment in railroad circles, and one of the competitors of this line demanded an explanation. The general manager of the line was summoned before the president of the road to explain matters, and he seemed fully prepared so to do, and only remarked that his was the only lino which had cars there. As there are some eight thousand cars within reach of Chicago, the joke was considered so good that all hands agreed to drop the investigation. Will Boar More Watering, The Pennsylvania railway holds a most anomalous position, says tlie Philadelphia Press. During the past three years its capital stock has been increased $25,000,000, and yet there is actually less stock in brokers’ hands than there was then. It has steadily gone into the hands of permanent holders, until now the daily dealings in proportion to the amount of capital stock are less than those of any independent corporation whose stock is listed on the exchange. The capital is over $90,000,000, and there are nearly 2,000,000 shares, but the daily trading does not average over 1,000 shares. Ordered to Bract- lip Rates. Agents of most of the fast-freight lines at this point received circular-letters yesterday instructing them to adhere strictly to traffic rates, both' east and west-hound, and under no consideration deviate from the same. The rate that one of the Vanderbilt lines offered yesterday led to the remark that the postal clerk must have dropped the circular for the agent of that line. However, ft is believed that all lines will to-day cease cutting, and all shippers then will he placed on the same basis regarding rates.

To Bo Reorganized. The Rogers Locomotive Works in Paterson have practically been closed in order to effect a ccmplote reorganization of the business. It is reported that D. B. Grant, of New York, formerly at the head of the Grant Locomotive Works, had been engaged as superintendent at a salary of $20,000 a year. It is also reported that a South American order for 300 engines had been received, and that the works would soon start up with a full force. Scioto Valley Election. Columbus, Feb. 14.—There was a small attendance at the annual meeting of the stockholders of the Scioto Valley railway to-day, on account of the high water. The following directors were elected, there being no change in the old board: Horace Porter, E. T. Winslow. J. B. Hawes, F. IT. Davis, W. W. Franklin, George Skinner, O. Robinson, Marcus Boggs aul George Davis. Miscellaneous Notes. The Boston & Albany is building passenger coaches which will seat seventy-six passengers. The Chesapeake & Ohio continues to disturb the trunk lines by cutting rates severely between Boston and Western points. Rumor has it that the Pennsylvania Railroad Company is about to lease the Lehigh Valley road at a rental equivalent to 10 per cent, on the outstanding stock. Officials of both the Lehigh Valley and the Pennsylvania Railroad Company deny the report that the former road has been or is about to be leased by the latter. The Railroad Gazette shows that there has been built this year a total of 993 miles of railroad, against 70 miles at the corresponding time in 1882, and 110 miles in 1881. The officials of the Charlestown, Cumberland Gap & Chicago Air-line railroad announces that the Louisville & Nashville Railroad Company is going to furnish the funds for the completion of the road. On and after next Sunday. Feb. 17, the Michigan Central road will run its passenger trains over the new cantalever bridge, giving all passengers an opportunity of reviewing Niagara falls from tlio train. J. F. Hemming'B old fight with Hie Boston & Albany railroad, which has been going on since 1877, is being ventilated this week before the railroad committee of the Legislature of Massachusetts. Mr. Hemming’s grievance is that this railroad makes a discrimination against all other kinds of coal but Lackawanna. The Georgia Pacific road, the new line in tho Richmond & Danville system, is making a remarkable record. The road was completed only a few months ago, but has found sufficient business awaiting it to enable the net earnings at the outset to considerably exceed tho fixod charges. Its bonded debt is only SIO,OOO per mile. Here is another case of a souless railroad corporation: The Chicago, Burlington <fc Quincy railway contracted with tho municipal authorities of Sandwich, 111., to deliver all tho material for the new water works of that city at an agreed price. When the bill was duo tho general freient agent- of the road informed the authorities that the road would donate the whole amount — about SSO0 —to the city. Physicians say that there is no remedy for Consumption, and possibly, in some cases, the assertion may be correct, " We know, however, of many cures made by Dr. Bull's Cough Syrup, and will guarantee positive relief to the sufferer ju every instance.

THE END I AIN APOLIS JOURNAL, FRIDAY, FEBRUARY 15, 1884.

TIIE RECORD OF THE COURTS Supreme Court —Feb. 13. Hon. Geo. V. Howk. Chief Juafrieo. ESTABLISHING HIGHWAYS —NOTICE —NAMES OF OWNERS. 9958. .Tames S. Mclntyre vs. Lewis Marine et ul. Porter C. C. * . Hammond. .T.—lnjunction to prevent tiie estah.n nmejit of a highway. The petition f*>r a highway should contain the names of the owners, occupants or agente of the lands over which it passes. (1< liu... 430.) The notice of the proposed highway is not required to be personally served oil those interested, but maybe published in a newspaper, or posted at three of the most public places in the vicinity of the highway. As against a collateral attack the proceedings will be iu*hoid unless it is shown that the petition and notice were wholly insufficient to inform those, interested or i the propose! highway and the manner in which they would b<- affected thereby. (See GO Ind., 72; 03 id.. 73: 71 id.. 5-21; 73 id., 3: SO id., 03: 88 id.. ;>b.) r J ho owner or occupant will be presumed to know the description of his land and how it will lie affected by tlio proposed highway. The omission of the name ot an owner, occupant or agent of land, in the petition for establishing a high wav', does not. render the proceedings void. (43 Ind., “453; 73 id., 309.) Judgment affirmed.

DEEI —FRAUDULENT RECORDING —PURCHASERS — CONFISCATION. 10718. Charles L. Henry vs. James Carson. Madison 0. C. Bicknell. C. C.—ln 18GO, Carson, a resident of iepnessee, contracted to sell to the Mooreiands certain land in Madison county, Indiana, and gave them n title bond, a deed to be made when the purchase money should be paid. The deed was left with < ’arson’s attorney to be delivered when the conditions should be complied with. Without performing the conditions the Mooreiands wrongfully took possession of the land, and i:i 1805 conveyed it to Alexander, and by me>ne conveyances it caiue to appellant, wno purchased it for value without knowledge of Hie facts. During the war an attempted confiscation of the land was mude, on the ground that Carson was & rebel, r.nd the laud w:vs bongnt for n trifle by a person in the employ of the clerk of the United States Court. Carson s deed to the Mooreiands was fraudulently obtained by a grantee of the laud, who, after keening it seven, years, had it recorded thirteen years after its date. Where a deed is surreptitiously obtained by the grantee without the consent of. the grantor, no title passes. (31 Am. 11., 309.) It L the same as a forged deed. (81 Ind-, 75; Pom. Eq. Jut.. 735, 779, 807, 821.) Tho grantors title w even against an innocent purchaser for value, and without notice. The record of the United States Court shows on its face that its judgment of confiscation was unauthorized. After notice, Carson appeared by attorney and filed an answer, which was stricken out for wjrit of an affidavit of his loyalty. (11 Wall., ‘259; 93 U. S.. 274.) Put the court never obtained jurisdiction of the case, because the record does not show that any seizure of the property under executive order was made before the filing of the information. (99 U. 8.. 37‘2; *2O Wall, 92.) Judgraeut affirmed. HUSBAND AND WIFE —POST-NUPTIAL SETTLEMENTS. 9504. Thomas Rose vs. Helen M. Rose. Wayne C. 0. Niblack, J.—Complaint by appellant, alleging that during a number of years he had maintained the appellee, his wife, in business, furnishing her with capital; that from the proceeds of such business he had purchased valuable real estat e and made improvements therein, causing tho title to be conveyed to her, upon the express agreement th.it all the property was to lie jointly used, improved and enjoyed by them, and that the benefits which might result therefrom should inure to them jointly: that after thus fraudulently getting title lo all the property, appellee hud filed a suit for divorce from appellant, ana had separated from him. Prayer for an equitable division of the property between them. A wife may become the trustee of her husband. (90 Ind., 239.) But, where the purchaser of prope#y takes the conveyance in the name of Ins wife, child, or other person for whom he is under obligation to provide, the presumption of a Resulting trust is rebutted, and the transaction will lie regarded prima facie as a settlement upon the nominal grantee. (Perry Trusts, sec. 143.) Nor will a tinst be implied if there is uncertainty as to the manner in which or the extent to which theproperty is to be applied. (Perry Trusts, sec. 116.) There is no averment what interest in or proportion of the property the appellant agreed to hold in trust for appellant. The trasactions mufct be regarded as post-nuptial marriage settlements from which it Was expected that incidental benefits would accrue to appellant, but from which no trust resulted in his favor. But as the action for divorce v/ns pending when this was instituted, all questions of property rights could be adjudicated in that action, and appellant was not entitled to any relief in this action. (13 Ind., 523; 29 id., 139; 58 id., 191.) Judgment affirmed.

SUPREME COURT—FEB. 14. 10819. Stephen A. R. Beach vs. Samuel Carter. Fountain C. O. Black, C.—Under an assignment that the court erred in its conclusions of law in a speehd finding, the questions arising are like those decided in National Bank vs. Carter. 89 Ind.. 317. and upon tho authority of that case the judgment is affirmed. DIVORCE —ADJUDICATION OF PROPERTY RIGHTS. 11252. Mary Behrley vs. Remeglus Behrley. Harrison C. C. Elliott. J.—Appellant’ * complaint seeks a recovery upon an an ante-nuptial contract, and shows that prior to this action she had obtained a divorce from the appellee. Questions concerning marital as well as property rights growing out or tho marriage relation are deemed to he adjudicated by the <lecree in the suit for divorce. (29 Ind.. 139; 43 id.. 523; 49 id., 252; 58 id., 194; ShouleT's Dorn. Rob, third ed., sec.. 221.) Where a complaint states facts constituting a cause of action, hut abo states facts which constitute a defense, it will he held bad on demurrer. (73 N. Y., 211.) Judgment, affirmed. OWNERSHIP OF OBOPS —EVIDENCE). 1087$. Zimri Simpson vs. James W. DeHaven et ah Howard C. C. Best. C.—Shoddy, the son-in-law of appellant, lived on the latter’s farm and raised certain Crops. The evidence shows that he was not employed by appellant; that he lived upon the products of the farm, insured them in his own name, paid taxes on them and sold them at his pleasure, using the proceeds: that there was no agreement between him and appellant, except that he was to furnish the latter, from time to time, such part as he requested. The jury found that appellant owned one-half the corn and hay and two-thirds of the wheat, and that, Shoddy owned the rest. This verdict cannot be disturbed on the evidence. Judgment affirmed. BOUNDARY LINE —ANCIENT MONUMENTS—EVIDENCE. 11148. Francis Wingler vs. Obediah Simpson. Washington C. C. Franklin, C-.—An agreement, between adjoining landowners as to a division boundary line is binding if based on a consideration. If not based upon a consideration, but is acted upon, possession takon and improvements made up to the line, it becomes binding when inequitable to change it. (15 Ind., 261.) The location of a division line between two land-owners, acquiesced in and acted upon for twenty years, becomes binding as the true line. (7 Ind.. 453; 8 id., 370. 45 id., 468; 90 id., 93.) Parol evidence is admissible to prove the former existence, identity, and location of ancient monuments since removed, and the acts of the interested parties contemporaneous with such landmarks may be proved in like manner. Such evidence is admissible in determining the correctness of a survey. Judgment affirmed. JUDGE PRO TEM. —DELEGATING AUTHORITY — RECORD. 10311. Alex. Reid vs. Jesse A. Mitchell. Lawrence C. C. Howk, C. J.—Complaint by appellant to have a judgment vacated. The complaint alleges that in the original case Judge Wilson appointed Judge Robinson to try the case; that after part of the evidence had been heard by the jury Judge Robin son left the bench and appointed Mr. Voris as judge, who presided at the trial and received the verdict of the jury and adjourned court until a certain day. at which time Judge Robinson resumed the bench and rendered judgment on the verdict. It is not averred that these facts are shown by the record in the case; hence it must be presumed that the record is regular, and that none of these facts are shown upon its face. Whore it is sought to impeach a record by alleging facts dehors the i*ecord . the attack is a collateral one and cannot be maintained. (57 Ind., 56; 78 id., 579; 85 id., 471.) If the record fails to show that Judge Robinson was absent at any time, or that Mr. Voris presided as judge at auy time, appellant cannot procure the vacation of the judgment by alleging the contrary to be the facts, in contradiction of the record. The demurrer to tho complaint wus rightly sustained. Judgment affirmed. Elliott, J., dissenting, thinks the proceedings wore coram non judice and void. Judicial authority cannot be delegated. The right to appoint a judge pro tempore is vested in the judge of tne court, and the person whom he appoints cannot delegate his authority. Tho failure of a judge pro tem. to conduct the trial returns the ea\ise to tne regular judge. (21 Ind., 118; 46 id., 268; 50 id., 410.) When Judge Robinson abandoned the case the judge bv whom he was appointed was reinstated with full jurisdiction, and Voris had no authority to act as judge. The investigation goes back of the record. If it appears that there was no judge the question of what the record shows or does not show is not of controlling importance. There can be no record without a court competent to make one. Niblaok, J., concurs with Elliott. The following eases were also decided, abstracts of which will be published to-morrow: 10164. Samuel Ferry vs. Wm. Shively. Marshall C. C. Affirmed. Colerick, (J. 10973. David Houser vs. ox rel. Lautz. Huntington O. Affirmed. Hammond, J. 10377. Northwestern Mutual Life Insurance Company vs. Heimaun. Vunderburg C. 0. Affirmed. Zollars, J. 8296. Adam Ketring vs. Martin Hillabold. Kosciusko C. C. Reversed. Black, C. 11280. Isaac Watson vs. Francis Cransora. Howard o. C. Affirmed. Best, C. Superior Court. Room No I—Hon. Nanoleon B. Tar Tor. In I*4. John W. Murphy et al. vs. Mary Morrison ct aL; foreclosure suit. A largo number of creditors of tho

Indiana Banking Company defaulted on account of failure to answer. Lev i H. Hamlin vs. Honrv B. Wright et al. Judgment for $396.74. Room No 2—Hon. 9. W. Howe. Judge. J. B. Connor vs. Street Railway Company; damage suit. Jury out. Room No. .*>—lion: Lewis f. Walker* Judge. James Alexander vs. Town of Briglitwood: suit for damages on contract. Taken under advisement by the court. , , William Schultz et al. vs. Emil Yeakle et al.; suit on contract. Taken under advisement. Marion Lireukt Court. Hon. Joshua G. Adams. Judge. Hannah J. Salvors vs. George Powell: bastardy -Jult. Verdict by jury for plaintiff, judgment by tho court against the defendant for SOOO. Catherine Koaling vs. John E. MeCreauy; bastardy suit. Jury out. John M. Emery; petition for drainage, Richard Johnson remonstrating. On trial by court. Alexander C. Ayres, Judge pro bin. Nancy E. Clem vs. Solomon Claypool et al.; suit to set aside conveyance. On trial by court by ment. Marion Criminal Court. Hon. i'ierco Norton. Judge. State vs. Chris Gibson: petit larceny and receiving stolen gpods. Tried by court, and sentenced to one vear’s imprisonment. . . State vs. James Howard; petit larceny and receiving stolen goods. One year’s imprisonment on plea of guilty. . State vs. Tim Ferritorand Daniel Dowd; petit larceny and receiving stolen goods. Tried by jury and acquitted. _ A HORRIBLE ACCIDENT. George Emory Caught in a Revolving Shaft and Torn to Pieces. About 9 o’clock yesterday morning tho machinery in the Iloosiev flouring mills, on West Washington street, suddenly stopped, and when the foreman went down into the engine-room to ascertain the cause, he found the mangled and dismembered body of George Emory, the engineer, lying in the corner, with the walls and floor covered with blood. It was evident that while engaged about his work, Emory’s clothing must have caught in the main shaft, which was making eighty revolutions a minute, and he was whirled around with it with such violence as to break both legs and arms, tear one arm entirely off, and crush in the chest and head. A large hole was torn in the floor where the body struck. The remains were gathered up and taken to the man’s No. 13 Minerva street. Emory has a wife and two children. He was quite well known about tho city, and highly respected as an honest, industrious man. He was formerly a railroad engineer, and served on the police force for Several years—failing to pass the physical examination last spring, on account of a disability. He was thirty-five years of age, a Knight Templar, and junior warden of Masonic Lodge F. and A. M. He had recently purchased a homo on Minerva street, on which there is yet an indebtedness.

Another Case of Smallpox. David Barnett, a colored man, whose home is at 231 East Louisiana street, was taken down with tiie smallpox yesterday and sent to the hospital. It is thought that he contracted the disease at the depot, where he has heen working. He has a wife and three children, who have not ' been exposed to the contagion. Victoria and Mary Williams, two colored women, who had heen teachingat school No. 19, were compelled to resign their positions, and left for Cleveland on Wednesday night. They had hoarded in the house of Mrs. Howard, on Hosbrook street, whose sou had the smallpox, and on aeeonnt of this fact they found it impossible to get hoard elsewhere. Criminal Chart Matters. In the Criminal Court, yesterday, Chris Gibson and James Howard were each sent north for one year on the charge of petit larceny and receiving stolen goods, tho latter pleading guilty. Tim Ferriter and Daniel Dowd, similarly accused, were acquitted by a jury. Harrison S. Miller, who was arrested on information for assault and battery with intent to kill, gave bond for future appearance, ar.d George Sharpe, arrested for fornication, went to jail in default of bail. A Fatal Fall. Angus Bethune, a telephone line-man, while working on a pole at the corner of Meridian and Washington streets, yesterday morning, slipped and fell to the ground, a distance of twenty feet, receiving internal injuries from which he died four hours later. He was an unmarried man, and hoarded at No. 136 East Market street. Serious Accident. John Fultz, an employe of tho Wabash Bailroad Company, while working in tbe yards yesterday afternoon, fell from a box-car, fracturing his skull. He was removed to lite home, No. 562 South East street, where he lies in a critical condition. Driven to Crime. There isn’t Ararat left in tho flooded part of the city.—Cincinnati News Journal. That’s an ark-ward pun.—lndianapolis Journal. Don’t you Noah pun when you see it? F. F eb - Qnick! Sure! Safe! This is the verdict of the sufferer from Rheumatism or Neuralgia after a faithful trial of Athlophoros. Mr. and Mrs. Michael Gill, of Chicago, join in writing: “Our daughter Katie was stricken with Sciatic Rheumatism of the most violent nature. Several physicians were forced to acknowledge that the disease baffled their skill. After two doses of Athlophoros, given between 7 and 10 p. M., she went to sleep and slept for the first timo in eight months without pain. Continued use of it has made her nearly well.” DIED. RICHARDSON.—Edna, daughter of Benj. A. and Estella Richardson, Feb. 13, at 10:30 a. m., aged fourteen years, two -months and twenty-seven days. Funeral from the family residence, 154 Bellefon taine street, at 2 o’clock, this (Friday) afternoon. Friends invited to attend. [Delaware, 0., papers please copy.] C.E. KREGELO Y WHITSETT, FUNERAL DIRECTORS AND EMBALMERS, No. 77 North Delaware Street. Telephone connection at office and residence. Carriages for weddings and parties. ffsw. round need, occasionpremature decay of STOMACM |ffl and the physical energies, gpr Iwwewbg>g3 kuS mitigates the infirmiWp 3 H S ties of uge and hastens * H H fM convalescence. For sale by all Druggists and Dealers generally. GRAND HOTEL, INDIANAPOLIS, IND. Passenger folovtftor and all modern conveniences. Loading Hold of tho city, and strictly first-class. Rates, $2.50, $3-ands3.so per day. The latter price including bath. rUEO. F. PFINGST, Proprietor

[OFFICIAL.] STATEMENT OF THE CONDITION OF THE UNITED STATES BRANCH OF THE WORTH GERMS FIE IBSORAKE COM! On the 31st Day of December, ISS3. Located at No. 202 Broadway, in tiio City of New 5 ork. J, CLAUSSEN, Manager, Hume office, Hamburg, Germany. , ... .... *1.875,000 I he amount of -hs capital is qjjq THE A6SETS OF THE COMPANY IN THE U. S. ARE AS FOLLOWS: Cash on baud and in the bands of agents op other persons . --*-** • 44.034.82 Bonds owned by the company, bearing interest at the rate .of 3 per cent., secured as follows (market value): . e x „ United states 3 per cent. reg. bonds, deposited with the Insurance Department, ktut.e ot °' v 000 OO United States 3 per cent. reg. bonds, deposited with Trustees of the company in l . * is 000 OO Deposited with the U. S. Trust Cos., in name of Trustees 17 822 97 Debts tor premiums. * n . , $ A41,537.79 LIABILITIES IN V. S. liosses adjusted and not due j ~j' qq Loshms unadjusted 150 053 32 Amount necessary to reinsure outstanding risks ' $ 179,045.32 The greatest, amount in any one risk. $5,000. State of Indiana, Office of Auditor of State. I. tiie undersigned, Auditor of State of the State of Indiana, hereby certify that the abnva ia * correct j copy of the statement of the condition of the above-mention-'d company on the Jtet d*> * '! | ' ' • as Shown by the original statement, and that the said original statement is now on tilean *n i . r _ In testimony whereof, I hereunto subscribe my name and affix my official seal, this -a aj ><■ / 18S4 [SEAIi.] JAS. H. RICE. Auditorj>f_stato_^

[OFFICIAL.] STATEMENT OF THE CONDITION OF THE DETROIT FIRE AND MARINE INSURANCE COMPANY On the 31st Day of December, 1883. Located at No. 90 Griswold street, Detroit, Michigan. The amount of its capital is ffcffOO.OOiP The amount of its capital paid up is ’ ’ *JOO,O(KF THE ASSETS OF THE COMPANY aRE AS FOLLOWS: Cash on band and in the hands of agents or other persons $ 57.817.73* Real estate, unincumbered 43,424.70 Bonds owned by the company, bearing interest at the rate of per cent., secured as follows: U. S. reg. bonds, $30,000, i per cent., market value 34,275.00 Public Building stock, Detroit. SI,OOO. 7 percent., market value 1,150.00* Public sewer bond. Detroit, SSOO, 7 per cent., market value. 500.0(>' Chicago and Northeastern Railway Co.’s sinking fund mortgage bonds. $12,000. 7 percent. . 12,000.00' Loans on bonds and mortgages of real estate, worth double the amount for which the same is mortgaged, and free from any prior incumbrance 518,728.0f* Debts otherwise secured 15.272.14 Debts for premiums (5,540.75 All other securities 4,078.15 Total assets $ 723,787.19 LIABILITIES. Losses adjusted and not due $ 2.857.12* Losses unadjusted 18.830. ID All other claims against the company 1.000.00 Amount necessary to reinsure outstanding risks 103.138.74 Total liabilities ••$ 125,826.26 The greatest amount in any one risk. SIO,OOO. The greatest amount allowed by the rules of the company to l>e insured in any one city, town or village: No vine. The greatest amount allowed to be insured in any one block: Agents are instructed to limit amount of insurance in any one risk to $5,000. •State of Indiana, Office of Auditor of State. I, the undersigned, Auditor of State of the State of Indiana, hereby certify that the above is a correct copy of the statement of the condition of the above-mentioned company on the 31st day of December 1883, as shown bv the original statement, and that the said original statement is now on file in this office. In testimony whereof, I hereunto subscribe my name and affix my official seal, this 21st day of January, 1884. [SEAT..] JAS. H. RTCE, Auditor of State. [OFFICIAL.] STATEMENT OF THE CONDITION OF THE COMMERCIAL FIRE INSURANCE COMFY On the 31st Day of December, 1883. Located at No. 157 Broadway Street. Tiie amount of its capital is .. $200,000 The amount of its capital paid up is 200.009 THE ASSETS OF THE COMPANY ARE AS FOLLOWS: Cash on hand and in the hands of agents or other persons $ 30,985.48 Bonds owned by the company, bearing interest at the rate of per cent., secured as follows: United States and other bonds, as per schedule, market value 373,520.00 Loans on bonds and mortgages of veal estate, worth double the amount for which the same is mortgaged, and free from any prior incumbrance... - 23.700.00 Debts otherwise secured J. 286.16 Debts for premiums 67,295.83 Total assets $ 501,787.17 LLVBILITIEB. Amount due to banks or other creditors $ 5.000.00 Amount owing and not due to banks or other creditors 1.229.08 Losses adjusted and not duo 31. 627.53 Losses unadjusted - 18.633.05 Losses in suspense, waiting for further proof 5.500.00 .All other claims against the company 12,233.74 Amount necessary to reinsure outstanding risks 198,775.08 Total liabilities $ 255,998.43 Tho greatest amount in any one risk. SIO,OOO. The greatest amount allowed by the rules of the company to be insured iu any one city, town or village; No rule. The greatest amount allowed to be insured in any one block: No rule. State of Indiana. Office of Auditor of State. I, the undersigned. Auditor of State of the State of Indiana, hereby certify that the above is a correct copy of the statement of the condition of the above-mentioned company on the 31st day of December, IS§3, as shown by the original statement, and that the said original statement is how on file in this office. In testimonv whereof, I hereunto subscribe my name and affix my official seal, this 2d day of February. 1884. [SEAL.] JAS. H. RIFE. Auditor of State. [OFFICIAL.] STATEMENT OF THE CONDITION OF THE MECHANICS’ FIRE INSURANCE COMPA’Y On the 31st Day of December, 1883. Located at No. 217 Montague street, Brooklyn, Kings county, N. Y. The amount of its capital is $250,000 The amount of its capital paid up is 250.000 THE ASSETS OF THE COMPANY ARE AS FOLLOWS: Cash on hand and iu tho hands of agents or other persons $ 37,167.91 Bonds owned by the company, bearing interest at the rate of per cent., secured as follows SIOO,OOO U. S. bonds, 4 per cent., market value 124,000.00 80,000 U. S. bonds, 3 per cent., market value 801800.00 25,000 U. S. bonds, 4 1 s per cent., market value 28,750.0f Salisbury railroad bond. Penn., market value S(MM' Brooklyn People’s Gas-light stock, market, value 5.900 Loans on bonds and mortgages ot real estate, worth double the amount for which the same is mortgaged, and free from any prior incumbrance 155.5^ Debts otherwise secured f Debts lor premiums 3*/ All other securities Total assets $ LIABILITIES. cLosses adjusted ami not due $11.773.65 Net less reinsurance 4,008.21—$ 7.765.44 Losses unadjusted 13,124.01 All other claims against the company 1 .300.00 A nount necessary to reinsure outstanding risks 105.(531.12 Total liabilities $ 127,823 57 The greatest amount in any one risk, SIO,OOO. The greatest amount allowed by the rules of the company to be insured iu any one city, town or village: No mle. The greatest amount allowed to be insured in any one block: No rule. State of Indiana, Office of Auditor of State. I, the undersigned, Auditor of State of the State of Indiana, hereby certify that the above is a correct copy of the statement of the condition of the above-mentioned company, on tile 31st day of December, 1883, as shown by the original statement, and that the said original statement is now <n file in tlifa office. Li testimony whereof, I hereunto subscribe ray name and affix uiy official seal, this 31st day of January, [SEAL.] JAS. H. RICE, Aml i tor of -State. ONLY ffil.OO PEE YEAH. The Indianapolis Weekly Jonrna SEND FOR IT.

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