Indianapolis Journal, Indianapolis, Marion County, 12 December 1884 — Page 8

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CLOAKS SPECIAL SALE THIS WEEK. ONE LOT of Black Diagonal Russians, at $6 each, well worth $lO. ONE LOT Berlin Twill Newmarkets, in brown and black, tourist back, at $lO each, well worth sls. ONE LOT Seal Plush Sacques, Satin-Lined, splendid quality, at $35, w r ell worth $45. ONE LOT Genuine Alaska. Lon-don-dved Seal Dolmans, 52x54 in. long, l'ur Beaver trimmed. Price for this week only, S2OO each. ONE LOT Special Values in Seal Sacques for this week. L. S. AYRES k CO, ARTIFICIAL HUMAN EYES Shoulder Braces, Trusses, Crutches, Etc. BROWNING! SLOAN APOTHECARIES’ HALL, Nos. 7 and 9 East Washington street. LADIES! We have in stock the very finest lines of French Kid Button, Dress and Walking Boots—all sizes and widths. In French Kid Beaded Opera and Strap Slippers we can suit all in want of a Fine Slipper. In Gentlemen’s wear we cannot be surpassed, as we lutve the best makes in the country. We MAKE TO ORDER all kinds of Boots and Shoes in the very latest styles. L. SIERSDORFER, 41 East Washington St, Fletcher & Sharpe’s Block. .HOLIDAY GOODS! AT THE NEW YORK STORE. (ESTABLISHED 1853.) EVERY DAY OPENING NEW HOLIDAY GOODS. ESTFRICES ALWAYS IX PLAIN FIGURES.W* 1 PETTIS. BASSETT I CO.

THE COURT RECORD. Supreme Court Decisions. Emnift Munson vs. James O. Cole. Cass C. O. Affirmed. C. William E. McLean, executor, etc., vs. The Equitable Life Insurance Company. Vigo C. C. Reversed. Colerick, C. James W. Salter et al. vs. Edward J. Salter et til Wayne C. C. Reversed Franklin, C. Myron Dixon etal. vs. George Lambert, efc al Randolpli C. Affirmed. Hu knell. C. C. August 0. Trentman vs Edward Eldridgo et al. DeKnlb G C Affirmed. Elliot. J. In the matter of the petition of Solomon C. Miller for license to sell liquor. LaGrange G C. Reversed. Bicknell. G G Charles B. Feihleman vs. ex rel. William T. Broxfrn MaVion S. O. Revered. Hammond, J. Levi Ritter v>. George P. Cost Marion S C. Petition for rehearing overruled. Ex rel. Drake Brookshire vs. Edwin L. Snodgrass. trustee, etc. Montgomery C. C. Petition for rehearing overruled. Sarah Mayhew vs. James Burns. Allen S. C. Rehearing granted Superior Court Room No I—llou. Napoleon B. Taylor Judge. Thomas J. Morse vs. Enos Hege; suit on con tract. Judgment for $128.25. Room No. 2- Hon. I). W. Howe .fudge. Russell Elliott vs. Frank Feriig; suit for damages. Dismissed. Room No. 3—Hon. L. (’. Walker, Judge. Adam Smith vs. George W. Bruce; suit on contract. On trial by jury. Marion Circuit Court lion Alexander 0. Judge. Ada Green vs. Ada Atkius; slander suit. On trial by jury. Marion Criminal Court, lion. Pierce Norton, Judge. State vs. John Hicks; pickpocket On trial by jury. Wonderland. At English’s Opera house, next week, under the aupices of the Flower Mission, will be found Christinas dolls and presents of every description. There will be a graud opening on Tuesday evening, when “The Little Treasure” will be given, under direction of Mrs. Enriquo Miller. The leading parts are taken by Miss Maude Stewart, Mrs. Miller, Miss McKinney and Messrs. Leathers, Carey, Baldwin and Dr. Morgan. The When Baud furnishes the music for the evening. Call and sec the new goods al Kic£ <k Elders.

THE STATE SAYINGS BANKS. Examiner Bingham’s Report Shows Them To Be in Good Condition. Their Business Growing and with Satisfactory Result—Suggestions to the Legislature for Amendments to the Law.

The report of J. J. Bingham, examiner of the Indiana savings banks, has been filed with Auditor of State Rice. Besides giving a comprehensive statement of the condition of the savings banks, he makes several suggestions and recommendations to the General Assembly regarding changes in the laws govern ing the management of the savings institutions. Six years ago, the examiner says, I made an examination of the savings banks, when there were ten of these institutions doing business in Indiana, four of which have since gone into liquidation. Tho German Savings Bank, of Lafayette, paid all its obligations in full. The State Savings Bank, of Indianapolis, paid its depositors 95 per cent The Richmond Savings Bank went into voluntary liquidation. The receiver of the Indianapolis Savings Bank has not yet wound up its business, but has paid the depositors thus far GO per cent There is yet remaiiiingproperty unsold and appraised at $25,000, and if it sells for its valuation the depositors may receive 10 per cent, additional. It will thus be seen that the savings bank svs tern in Indiana has not been altogether a success, as the number has decreased, with a loss to the depositors in two of those that went into liquidation. However, five now doing business have been successful in a marked degree, and one, while doing a limited business, has a good financial standing. The six banks now doing business are the People's Savings Bank, at Evansville; the St. Joseph County Savings Bank, at South Bend; the People’s Bank, at South Bend; the Terre Haute Savings Bank, the LaPoi to Savings Bank and the Lafayette Savings Bank. The last named is the oldest and most prosperous in the State. The dividends paid by these banks are 2| and 3 per cent semi annually. There has been a small increase in the deposits during the last year, notwithstanding the stagnation in business. The reports of the banks on Oct 31, 1883, showed deposits amounting to $2,108,427.47. This year they reach $2,171,009.05, an increase of $02,581.58. The loans have also increased. A year ago they were $1.774,399 94, and this year they are $1.82G,173.98, an increase of $51,774.54. “Our savings-bank act,” tbe examiner says, “is an embodiment of the main features of the laws which govern such banks in the Eastern States. A careful review will show that the system is an anomaly in buuking. Tho depositors, who are really the stockholders, have no word in their management. The trustees have no money invested in them. They give no assurance to the depositors but their good name for honesty, and their skill as financiers ana business managers. They must each own unincumbered real estate worth at least $5,000. and they must have a certificate from the judge of the Circuit Court in the county in which the bank is located that they are in all respects suitable persons to be intrusted with the mauagement of a savings bank. After this is done, the institu tions. so far as the management is concerned, are self perpetuating. The law evidently contemplates them as charitable institutions, for the pay of the trustees is but a trifle. “There is one feature of the law which creates a guarantee for the security of the depositors, in requiring a certain per cent, of the profits to be set aside for a surplus fund, until it reaches at least 10 per cent, of the deposits. Only one of the banks thus far has carried out this provision of the law to the full extent. In other banks the losses have been charged to this fund, and the failure to credit it with a sufficient percentage of the profits has operated to keep it below a surplus of 10 per cent, of the de posits. In these cases it has been upon the theory that the earniugs belong to the depositors and should be distributed among them. It would be better for the depositors to have ap propriated a sufficient sum from the earnings to provide such a guarantee, rather than to have larger dividends , until this end i9 accomplished. While large dividends are very acceptable, security of the principal is a more important consideration.” In examiningthe banks a great deal of liberty or license in carrying out the provisions of the law was found, but the examiner further says that his examinations, in many respects, have been gratifying and satisfactory There is improvement in the methods of business, especially as to details. The system of book keeping ex bibits the daily transactions accurately, and the accounts with the depositors have such corrob orative proofs that they cannot fail to be satisfactory. as well as correct, which prevents controversy or dissatisfaction in settlements. Three of the banks have women for book-keepers, and the work is done with an intelligence, neat ness and promptness that demonstrates their capacity in this department of labor, fully equal to the. opposite sex. The examiner suggests to the Legislature, as additional security to the depositor, either an amendment to section 2730, Revised Statutes, 1881, to make imperative the accumulation of the surplus fund, to equal 10 per cent, of the deposits in a reasonable period, or by providing for a paid-up capital stock equal to at least 10 per cent of the deposits, to be regarded as a guarantee fund, and so invested in safe and valuable securities, with tho provision that when the payment of, or setting aside a sufficient amount to pay the divi deuds, and after deducting the necessary expenses, the trustees may make from the surplus profits in cash, such dividends on the capital stock as in iheir discretion may seem best. The act should also provide for the punishment of intentional fraud by the trustees or officers.

A Complicated Ijamage Suit. Oscar L. Neisler has begun suit against ('barles E. Harris and wife to recover $7,000 damages for breach of contract and failure to carry out a business agreement. The parties to the suit were engaged in the trank manufacturing business, No. 524 East Washington street, and last spring their place was burned down. In settling up tboir business with a view of dis solving the partnership, Harris, it is alleged, made promise to convey certain property to Neisler and pay certain accounts, and as he failed to do this, damages are asked. The Grand Jury’s Report. The grand jury made its final report yesterday. During this session they have examined 142 witnesses, and returning indictments as indicated: Petit larceny, eight; grand larceny, two; receiving stolen goods, three; burglary, one; perjury, one; selling liquor on Sunday, nine. The following persous were ordered to be dis charged: Frank Conley, Jesse Mitehel, John Keefe, Franklin Pettiford, Kitbie Lion, Anna Robertnon, Jack O’Hara and John Kimberlain. An Important Decision. The decision of the Supreme Court yesterday, affirming the judgment of the lowercourtin the suit of M. Dickson & Cos., of this city, against George Lambert & Cos., of Union City, involves a joint of law of interest to grain deal ers. In 1879 Lambert & Sou sold five car loads of No 2 red wheat to Dickson & Cos., at $1.07j, to be delivered free on board cars for shipment to Baltimore. They failed to ship the wheat, and suit was brought against them for failure to fulfill contract. It was averred by the defendants that there wasa verbal agreement with the agent of the purchasers—no mention of which was made in tho written memorandum —that the car*

the INDIANAPOLIS JOURNAL, FRIDAY, DECEMBER 12, 188 L

in which the wheat was to be loaded should be furnished by Dickson & Cos. The court holds that “when a contract is not averred to bo written, it is taken to be verbal, and a memorandum of such a contract, although sufficient to take it out of the statute of frauds, is not the contract itself.” It matters little whether the imperfec tion was the result ot fraud or mistake, in either case the memorandum is inoperative. The lower court ruled that, upon the evidence of the verbal agreement not meutioned in tho memorandum of the contract, the defendants could not be held liable for tho damages claimed in failing to deliver the grain, and the Supreme Court affirms the decision,

AMUSEMENTS. OR AND OPERA-HOUSE —‘THE PRIVATE SECRETARY.” Os the two modern versions of the old German comedy “Der Bibliotheker,” which have been presented in this city recently, that given by Mr. Gillette’s company, at. English’s, two weeks ago, is decidedly superior to the production by the Madison square company at the Grand last night. Being derived from the same source, both are similar in plot and construction, but the Gillette version has the advantage in its more numerous and ridiculous complications, and in bettor opportunities for original and unique business. It was also better acted iu the title role, and at least iu two other parts, while the Madison-square company, on the other hand, has elements of excellence over the other. The performance last night, however, was a highly entertaining one, and was received with continued laughter by a very good audience. The Secretary of Mr. Leonard Grover, jr., was carefully done, with the elements of burlesque eliminated as far as possible. Mr. Pitt is a very good actor, but his Douglass Cattermole is too heavy, and the separate identities which he is ought to carefully preserve, were so merged into each other as to be scarcely distinguishable at times. In many respects the best characterizations in the cast were the Cattermole of Mr. Kennedy and the Gibson of Mr. Saville, who is a versatile comedian. Miss Crossman and Miss Gallagher, two attractive young ladies, were very clever in the juvenile parts to which they were assigned, and little George Brueniug created much merriment in the part of the footman. The play was put on the stage with taste and the mounting of the last two acts being particularly good. It will be repeated during the rest of the week. ENGLISH’S OPERA-HOUSE—BARNEY m’AITLEY. Mr. McAuley, a popular comedian, who has many admirers as well as personal friends in Indianapolis, began an engagement at English’s last night as Daniel Bartlett in E. A. Locke’s well-known comedy drama, “A Messenger from Jarvis Section.” His “Uncle Dan’l” is a character impersonation of much merit and originality, and last night the audience laughed at the obi mans eccentricity and sympathized with his dangerous experiences in a great city, in a Very demonstrative manner. The support was capable, particularly the “Clip” of Miss Jessie West, who is a bright and clever soubrette actress. Tonight Mr. McAuley will be seen in his new play, also by Mr. Locke, entitled “The Jersey man,” in which ho plays the part of Gilderoy Punk, a young man. it will be given again at tbe matinee to-morrow, and the engagement will conclude tomorrow night with a repetition of “Uncle Duu’L” THE LYRA CONCERT. In spite of the inclement weather a large and cultured audience was present at Lyra Hall, last evening, to listen to the most excellent programme prepared by the Lyra Society. It is not a usual* thing for every number on a programme to prove interesting, but last night was an exception.

The selections were particularly happy ones, and pleased all present. Both orchestra and choru3 seemed en rapport with their leader, and there was not a hitch or flaw in rythm, melody or harmony. Professor Ernestinoff seems to carry magnetism in the motion of his baton, and directly all under his direction are enthused to do their best We have not listened for a long time to so satisfactory an evening’s work. The opening march was rendered with precision and spirit. The overture, “Pique Daino,” called forth much of the effective power that the various instruments of an orchestra are capable of producing. In this number the perfect transition from the fortissimo passages to those of the pianissimo reminded one strongly of the able manner in which the famous Arditti makes these most telling points. “Weisst du Noeh,” by the full society, was rendered with a finish not generally attained by so large a number of mixed voices. “JL>es Soengers Gruft,” by the Micnnorchor. was satisfactory because the voices blended perfectly. “Sweet the Aogolus was Ringing,” by Miss Annie Abromet, was a gem. Uer tones are as clear as a lark, and she sang with taste and feeling. “DerSehmiede Walde,” a descriptive piece, performed by the orchestra, gained a hearty encore. The third act of “Der Freischuetz” was sung in magnificent manner. The soloists were iu fine voice, and the tones of the chorus sonorous. We were glad to seo such responsible vocalists in the cast as Mrs. Barmeier. and Messrs. Smith, Foster, Loomis and Kothe. Knowing the fine capabilities of Mr. Foster as an actor, it was a pity the audience could not have seen his part given with action. As it was. however, he sang iu clear, true style, with good German accent, and was highly com mended for his work. Mr. Loomis’s voice would do credit to the Cincinnati Music Hall. His recitatives, la9t night, were delivered in an artistic manner. The voice and execution of Mr. Kothe won general praise. Mr. Smith was in unusually fine voice, his high tones being clear and sweet. Mrs. Barmeier has never been beard to better advantage than last night Her work in “Der Freischuetz” consisted mostly of recitatives which were given in full, round and well sustained tones. In ono aria, only, did she have a chance to display all the sweetness and flexibility of her voice/and this she did to perfection. The Misses Weegman and Wenger sang well. The Lyra was organized in September, 1872, as a “zither club,” with a mixed double quartet feature as a vocal addition. In 1874 a small amateur orchestra was added, consisting of ten members. From 1874 the society has retained the same principal features. until this season, when a large mixed chorus was organized. This chorus is composed of some of the best German talent in the city. The orchestra has advanced with such rapid strides as to be able to master the most difficult music, as was shown in their rendition of that heavy accompaniment to the third act of **Der Freischuetz*’ last evening. There is no finer leader in 1 lie country than Professor Ernestinoff. He has led some of the finest orchesti as and choruses of Europej and his equal in this country is hard to find.

THE RINK CARNIVAL TO-NIGHT. The Meridian Rink will give their first fancy dress carnival to-night, and elaborate preparations have been made to make the affair as sue nessful as possible. There will be a great many participants and doubtless a very large crowd. The When military band will furnish the music. , A Brakeuian Killed. Henry M. Slack, whose home was at No. 106 Davidson street, and who was employed as a brake man on the Big Pour railroad, was instantly killed about twelve miles east of the city yesterday morning, by a low bridge, which struck him as he was setting brakes on the top of the cars. His skull was badly crushed and death was instantaneous. The remains were brought to bis home. He leaves a wife and two small children. _ The Wounded Highwayman. Charleß Dougherty, the wounded footpad who was shot by Charles H. Price Wednesday evening, is still lying in the City Hospital, but is recovering and will possibly get will. He is under the guard of the police, and as boon as his condition will permit, will he transferred to tho police station.

THE LOTTERY DEADFALLS. Several of the Agents Arrested by Order of the Superintendent. Instructions were given to the patrolmen, yesterday moruing, bj’ Police Superintendent Lange, to arrest every agent of Colonel Gray’s lottery, which has been operating in Indianapolis, where found selling tickets. During the day Horace Heston, John Melley, Lewis G. Bright, Levi Waller, George Iluff, D. E. Scott and Josiak F. Moulton were brought in and registered on the charge of selling lottery tickets. The required cash bond of SIOO for each man ar- j rested was deposited with Turnkey Taffe. by Colonel Gray, the manager of tho concern, and they were all released from custody. When it became knovtn that cash bond had been deposited for the agents, the attorneys for Scott, who holds a ticket for an unpaid prize, immediately instituted proceedings to garnishee the bail money Complaint was made by the lottery men because John T. Woodward had not been arrested, and a further order was given by the superintendent of police that there should be no discrimination. It is the intention of the police to prosecute the agents of the lottery swindle upon the charge of operating a gift enterprise, aud there seems to be an earnest determination to put au end to the working of the scheme. THE CITY IN BRIEF. The Meridian-street Missionary Society will meet this afternoon, at Mrs. J. E. Scott's, No. 477 North Illinois street. By tho death of her mother, Mrs. W. J. Sherman, wife of the well-known restaurateur, comes into possession of $31,000. The art display, at the corner of Noble street and Fletcher avenue, this evening, will embrace curiosities from all parts of the world. Marriage licenses were issued yesterday to George Taylor and Mary F. O’Neill, George W. Sheets and Orpha Jennings, Thomas Kerser and Susan Ann Hughes, John Fearey and Lizzie Pfeiffer, Edward Dally and Maranda IC. Richardson. It seems that W. B. Howard, the State-house contractor, is reaching out for the biggest kind of game. The firm of Brown, Howard & Cos., of Chicago, of which he is the junior member, has just been awarded the contract for building the new Croton aqueduct for Now York city, tho cost of which will be $20,000,000. Articles of association of the Nightingale Association of Professional Nurses, of this city, have been filed, the object being to unite all the nurses of the city in an organization for mutual benefit The officers are: Mrs. Lucy R. Replogle, president; Miss Fannie C. McPherson, vicepresident; Mrs. E. A. Lowry, scretary; Mrs. Julia A. Hensel, treasurer. A Vexed Question Settled. Tho Supreme Court yesterday settled the Fcibleman justice of the peace case. The court reversed the decision of the lower court, andholds that the law of 1883, which limits the number of justices in each county, is unconstitutional for the reason that it amended au act of 1852 (which had ceased to exist) instead of a subsequent act, passed in 1867. “This,” said ’Squire Feibleman to the reporter yesterday, “places me 'where I desire to be. The Supreme Court shows my position to have been right. Under this decision I can legally do business in the city, and I am not restricted to West Indianapolis, for which place I was elected. I had the courage to go into the court to have this question settled, and to abide by the decision of the court The legal fact is that ’Squire Glass must go. lam his legal successor and will demand the books of the office to-dav, to do business hereafter at the old stand, where I will fix up my place like a courtroom. Under this decision ’Squire Pease will probably have to go also, because it lets Judkins in, who was elected for Brightwood. ’Squire Pease cannot undertake to hold beyond the election.”

See the $1 Shirts. Parker, 14 E. Washington street and 15 N. Illinois street. Shell Oysters and Clams, Schaffncr’s. Curtain Goods. Speaking Os lace curtains, Albert Gall, at Nos. 17 and 19 West Washington street, now offers Inducements in qualities And prices that are simply unApproaehable. These curtains and all other Curtain goods he will tako Pleasure m showing to any and all Comers, whether they desiro to purchase Or not. Seal caps, the cheapest, at Seaton’s Hat Store, No. 25 North Pennsylvania street Best Oyster Stew, 25 cents. Schaffner’s. NoticeWe have opened up a very fine assortment of ivory and pearl table cutlery, fine carving sets in cases, ladies’ scissors and toilet sets in very handsome plush cases, nickle-plated nut picks and cracks in cases, Rogers A 1 plated tablo cutlery, a splendid line of brass fire sets, fenders, coal vases and bods. Nothing nicer for a Christmas present for your boy or girl than a pair of Henley roller skates. Call and look through our stock before you buy. Hildebrand & Fugate, 35 South Meridian street. *6rTlie Fine Watches, Rings and Silverware sold by us are ENGRAVED FREE, in a style and manner superior to any house in the State. Comparisons are respectfully solicited. MAYHEWi COMSTOCK JEWELERS, No. 23 West Washington Street.

JOS.A.MOORE, Si last Market Street, liiaapoSs, 111 Interest allowed on deposits in sums of $5 and upwards Money to loan on Improved City and Farm Property in Indiana and Ohio. City, Couuty and Town Bonds and Purchase-money Notes ought and sold. No loans made except such as are secured by first mortgage on real estate, with a large margin of security. or by collaterals having a market value. Foreign exchange for sale on all narre of the wnrid. SAYLES & FENTON, 75 and 77 Fast Market Street, INSURANCE REAL ESTATE AGENTS. Mortgage Loans Negotiated. County and City Bonds Bought and Sold.

g Absolutely Pure. This powder never varies. A marvel of purity, strength and wholesoraoness. More economical than the ordinary kinds, and cannot be sold in competition with the multitude of low test, short weight, alum or phosphate powders. Sold only in cans. ROYAL BAKING POWDER CO.. 106 Wall street. New York.

YOU WILL SAVE MONEY BY BUYING YOUR PRESENTATION WATCHES, CHAINS, GOLD AND SILVER-HEAD CANES, WATER SETS, TEA SETS AND SOLID SILVER WARE BINGHAM & WALK’S, 12 East ’Washington Street. Largest and Best-selected stock in the State. Light Electric Lamps. I T i piTnmT Pfl A T NewDesignsl ~s, I All Stjles JAUIAoUJN (jUAL WHOLESALE, RETAIL, 37 South Meridian st. 35 North Illinois st. BURE NON-EXPLOSIVE OILS AND GASOLINE A SPECIALTY. TYf A RT T O T-T R N. B—The public is cautiouod against all parties -LVJL UTjl. 1 l -L * A • 1i 1 selling oils from TANKS in OUR NAME. We sell oils from OUR STORES ONLY, and deliver to all . . -. T -4r\nT -• parts of tho city. TELEPHONE 707. 14 JN. 101111. St. 126 Indiana aV€L F. P. SMITH & CO. Telephone 129. C. SCHRADER & BRO.. 74 Kast Washington Street. The Largest Stock of CHINA AND GLASSWARE. PLAIN, DECORATED OR COLORED, In Sets or Single Pieces, Suitable s Holiday Grists

LOOK! LADIES! LOOK! WE WILL CLOSE 100 PAIRS LOUNSBURY BROS/ KID SIDE-LACE SHOES AT $2.28, FORMER PRICE $3.80. L. EL MORRISON, Q A\ r est "Washington St. UNDE RTAK E RO. FLANNEE & HOMMOWN, 72 North Illinois Street. | CHRISTMAS CARDSISotooS To select from AT LESS THAN IT COSTS TO PUT FitlNOE ON TIIE.YL INDIANA PAPER COMPANY. No. 23 East Maryland Street. JAMES K. ROSS & CO., Wholesale Whisky Merchants, No. IS4 S. Meridian Street, Indianapolis. CLEARANCE SALE! The inducements offered by our Clearance Sale of Wall Papers, Carpets, Window Draperies, etc., at cut prices so far below regular and ordinary values as to in ike hard times good times for consumers who have wants to be supplied in om' line, are still open to the publio. A.. L.WRIGHT & CO. Northeast Corner of Meridian and Maryland Streets.

CHICAGO BANKRUPT CLOTHING COi’S Notice to the Public! Simon Hays, of Sochester, failed on Monday, Sept. 22, and the stock was sold at publi auction to Moses Hayes for $28,000, who resold the cream of this stock to the Chicago Bankrupt Clothing Company, who are now selling it at 64 and 66 North Pennsylvania street, opposite Grand Opera-house, this oity. Tho rest of the assigned stock of Simon Hays is now being sold in Detroit, Mich. The Chioago Bankrupt Clothing Company is the only firm in this city selling that assigned stock, together with several other immense bankrupt stocks. [Signed] CHICAGO BANKRUPT CLOTHING C 0„ 64 and 66 North Pennsylvania Street. “FOUL MURDER FLAG!”