Indianapolis Journal, Indianapolis, Marion County, 24 November 1886 — Page 7

AFFAIRS OF TOE RAILWAYS. Personal and Local. A. J. Smith, general passenger agent of the dec line, is in St Louis looking after the I. & Bt. L. per cent, in the east-bound passenger pool. The health of O. B. Skinner, late traffic manager of the Bee-line, is such that he is again ar ranging his affairs to go to the Pacific coast for a several months’ tarry. There is excellent authority for statin? that the I’ennevlvania and Vandalia compamea have Come out flat-footed against the proposed advance in east-bound rates Doc. 1. The Pennsylvania Railroad Comnanv has requested permission of the Jersey City aldermen to elevate its tracks through that city. The improvement will cost the company about $1,000,The Bee-line people have established a station on the Cincinnati division, to be known as Arlington. The station on that division heretofore known as St. Bernard is hereafter to be called Ivorydale. Yesterday was a field day on the Belt road and At the stockyards. The transfers over the Belt run over 1,200 cars, and 212 car-loads of hogs and forty-two of cattle were delivered At the stockyards The Baltimore & Ohio management is clearing its decks in all departments of men who nße Intoxicating liquors too freely. It is said their strict orders in this matter will extend all over their system. L. O. Cannobin is in Chicago looking after the Chances of securing the position of comraissiomifoi one or more of the severaljgDpiC'That /*• is highly capaole of filling. It is stated that the position of general superintendent on the Philadelphia & Reading road •Will absorb that of general traffic manager, which latter position has been filled for the paat fifteen years by J. Lowrie Bell. The Corbin syndicate expect that this week sertain things will transpire largely in their favor regarding their relations witn the Cleveland dc Cantoo road. Or, in other words, what lie known as the Blood syndicate will be practically frozei out. Ben Blanchard, of railroad excursion fame, Was in the city yesterday prospecting for people |o go West and populate his new town —South Hutchinson, Kan. The young man is said to have become quite wealthy through his Western adventures. Almost without exception Western roads now have more power to haul their trains than they have cars to make them ud with. Never in the history of railroading has the number of cars in service fallen so far below the number required to move the freights offered. lit is stated that W. B. Shattuc. general passBenger agent of the Ohio & Mississippi road, declined the position of arbitrator of the Central Traffic Association on the advice of his physician, who feared he could not stand the rough climate of Chicago, which would be his headquarters. A. F. Clatchey, general master mechanic, of the Jj., N. A. &C. road, has retired, and James Long has been appointed bis successor. Mr. Long has, for a few weoks past, been running a locomotive on the Air line division of this road, lie whs formerly foreman of a department in the Rogers locomotive works. The Decatur pool has again been established, and S. P. Brown was yesterday selected by the five companies doing business out of there as commissioner. Mr. Brown is to check up the pool monthly. He is now commissioner of six of what are known as the interior pools, and is said to be a very capable railroad man. A foreclosure suit in the United State Court At Oxford, Miss., has been filed by S. Katzenborger Sons, of the Mechanics’ Bank, of Memphis. against tht Mobile & Northwestern Railroad Company, of which Col. T. A. Lyons is president. It is a line of railroad fifty miles in length, extending from Helena, Ark., southeast toward Mobile. • The Ohio Connecting Railroad Company was chartered on Monday last. The capital stock is #1,000,000 The line will be about tliirtv-two miles loog. running from a point on the Pittsburg, Cincinnati & St. Louis railroad, near Sheridan Station, in Allegheny county, across the Ohio river by the most feasible route to New Brighton, Beaver county. I. A. Sweigard, who has just been appointed general superintendent of the Philadelphia & Reading road, has been connected with the Reading for over twenty years, and has won a high reputation among railroad men by his admirable administration of the affairs of the North Penn division, which is considered the most difficult to manage of any of the divisions on the system. It is said to be a part o* the basis of peace between the Baltimore & Ohio and the Pennsylvania companies that the extensive shipments of anthracite coal to Washington and' Baltimore, which are seriously interfering with the trade of the Pennsylvania Railroad Company in those cities, should be greatly restricted. These shipments have often amounted to 250 cars per day. The Pennsylvania lines announce that, commencing with to day on tba 4 a.-m. train out of Indinunapolis, berths will bn reserved in both the New York and Washington through sleepingcoaches for passengers coming in from central over the L, D. &S. road. Under this arrangement a passenger can leave Springfield pt 0:50 p. M. and mnke close connection with the C., St. L. & P. train, which hauls the through Aleeping coaches to the points named. At yesterday’s meeting of the Pacific coast passenger agents, at Chicago, the committee on Eastern roads reported that an agreement could not be reached owing to the refusal of the Baltimore & Ohio road to consent to abolish the payment of commissions. That company insisted such an agreement would be a farce, as its competitors had evaded pledges by tnakiug contracts ■with outside agencies. No agreement would be consented to until this was done away with. Another meeting will be held to-day. Another meeting of the Western Passenger Association was begun in Chicago yesterday, the dead-loek which barred progress at the previous meetings having been removed by an agreement reached on the disputed points by a committee managers. The territorial bounds of the pool were settled by the St. Paul agreeing to report its Milwaukee business; but the division of percentages could not be arranged, owing to the vote of General Manager Talmage, of the Wabash, being necessary, and he was absent. AnO’her session will be held to day. The lost-car tracers are now busy, and some of them relate humorous and singular circumstances connected with the finding of cars. In pne case the agent of an Ohio road found the he was looking ud in use as a station house on an Illinois road. It really frequently takes expert detective work to get track of lost cars, to such an extent is stealing cars pow carried. The paint brush is often used by the poorer roads to hide the identity of the car, jret to so fine a point have the ngents reduced the business that when they reach the last road on which the car was used they discover its w hereabouts, and if destroyed the road, unless in the hands of a receiver, is made to pay what She car was valued at when it left the road to which it belonged.

Pence Declared. The agents of the several express companies 'which do bnsiuess at Indianapolis were notified, yesterday, that, dating from to-day, the American. the United States, the Adams, the Erie and the Baltimore & Ohio road would restore rates to the tariff which was in force May 1, 1886. Indianapolis was but little benefited by this rate war. The Baltimore & Ohio, some months ago, being unable to make satisfactory arrangements to reach Indianapolis, withdrew from this section, md the Erie had not perfected arrangements to run its messengers in here. It is thought that the companies have eome to an understanding. The Erie will abandon the idea Os opening an office at Indianapolis. An Aasociated Press dispatch frow New York •avs the World, of Tuesdav morning, is authority for the following: ‘’The express war was finally and amicably settled yesterday, after a long conference between the officials of the vari ous companies, which was held at the office of the Adams Express Company during the afternoon. There were present Vice-president Felton, Os the Erie road,.and General Manager Clement >f the Erie Express; General Manager Trego, of ihe B & O. Express; President Fargo and Senator Pomeroy, of the American Expi-s: President Ihnstaore, V r ice president and General Man-

ager Hoy and Mr. Weir, superintendent of the western division of the Adams Express, and President Platt and his assistant, Mr. Crosby, of the United States Express. After a long and dull discussion of the situation, which was perfectly amicable, it was resolved to restore the tariff to the old rates made last spring, and which were in effect before the cut, this restoration to go into operation to-day. An agreement was made in writing covering this resolution, which was signed bv the proper officials, after which the meeting adjourned. Mr. Hoey said afterwards to a reporter that everything had been very friendly arid pleasant, and that he had no doubt but that the companies would continue to work in harmony. “This,” said he, “is the first time in the history of the express business that, there has ever been a war of rates, and I hope it will be the last." In accordance with this agreement, the classification rates of last spring were restored on all the lines yesterday. At the offices of the Adams Express, American, the Baltimore & Ohio and the other large companies, full rates for the West and other points are now charged on all express matter, the same as before the cut. Mr. Garrett’s Great Scheme. New York, Nov. 23.—A special frojjv-Wash-ineton to the World says: “A g&Htleman from Cincinnati, who has for a number of years been prominently connected with the railroad systems in Ohio, and who is, perhaps, as close to President Robert Garrett, of the Baltimore & Ohio, as any person not a member of his official family, has said to a representative of the World that a pew-departure of the Baltimore & Ohio system might soon be expected. In brief, the B. &O. people are negotiating for lines leading to the Southern territory. Since the Baltimore & Ohio lost control of the Ohio & Mississippi, which gave it an outlet to the Mississippi river and beyond, and, through the friendly relations with the Illinois Central, an opportunity for a fair proportion of the traffic from the South an abrupt terminal has been forced at Cincinnati. The Ohio & Mississippi, which is now in control of the Erie, makes it a hostile line to the interests of 5 the Baltimore & Ohio, with little interchange of traffic at competitive points. Mr. Garrett, seeing the necessity of finding an outlet to the South for the necessary traffic with which to feed the Northern system, and make more formidable competition with the Pennsylvania road, which is closely allied with the Louisville & Nashville, is at work hoping to either negotiate a traffic agreement with or a purchase of the Cincinnati, New Orleans & Texas Pacific, more generally known as the Cincinnati Southern. It is a well-known fact among the close friends of Mr. Garrett, that on his recent trip to Europe he spent several days in close consultation with Baron Erlanger, and the London board of directors who own that portion of the system running from Chattanooga to New Orleans and Marshall, Tex , and are, as well, the lessees of the Cincinnati Southern division, extending from Chattanooga to Cincinnati. There are embraced in the system almost 1,200 miles of road, 330 of which are owned by the city of Cincinnati, and leased to the syndicate of English capitalists owning the balance of the system. It is also true that the foreign owners are desirous of disposing of their holdings, as the road, managed independently of either of the east and west trunk lines, has not in the past year and a half, since its completion in Texas, paid the expected semi-annual dividend. The conference between Mr. Garrett and the Erlangers resulted in a proposition to sell the bonds of the owned road and the transfer of the lease of the Cincinnati division. The matter was quite thoroughly canvassed during Mr. Garrett’s two months’ stay in London and Paris. He has laid the matter before bis board of directors, and it is understood the plan has been received with much favor. The principal objection thus far urged is the present lease of the Cincinnati Southern, which, iu the opinion of the Baltimore & Ohio directory, is too high a rental. If the present lease can be abrogated or modified, to reduce the rental, there is no doubt but that the proposition will be accepted. It was at the same conference that Mr. Garrett secured the right to operate the Baltimore & Ohio express over the Queen & Crescent system. With the acquirement, of this system it will place the Baltimore & Ohio upon an equal footing with the Pennsylvania, who are contemplating a purchase or lease of the East Tennessee, Georgia & Yirginia system for an independent entrance to the South and Southeast. Now that the Baltimore & Ohio have an entrance into New York, the Pennsylvania people believe it necessary to get a Controlling interest in the East Tennessee in order to prevent a traffic agreement being made with the Baltimore &; Ohio from Shenandoah Junction or Washington into New York, the Pennsylvania now enjoying this feeder at Harrisbure. Another meeting of the Baltimore & Ohio directory will beheld to further consider the matter within a few days. It is probable the negotiations will be terminated by the Ist of January.

Will E. B. Thomas Be Retained? It seems definitely settled that what is known as the Terminal Company has gathered in the Richmond & Danville road, and rumor has it that there is to be an entirely new corps of officials appointed, and it iR intimated that E. B. Thomas will be left out in the cold. Should he be it would not be a surprise were he elected president of the Bee-line, in so high esteem is he held by the Vanderbilt people. Eastern financial papers state that Alfred Sully has been spoken of as the coming man for president of the Terminal Company under the new dispensation. Some sort of a compromise seems to have been arriyed at between the old and the new parties, and while the new is completely victorious, it is not certain that all the old Richmond & Danville directors will go out, though Mr. Pace may be made president. The two great companies will, however, be practically consolidated under one management, and a combination of stock is probable. Now there are 50,000 shares of Richmond & Danville, and 150,000 shares of Terminal. If anew company is formed it will probably, it is Raid, be on $25,000,000 capital —Richmond & Danville 10,000 shares, and Terminal 15,000. In the Terminal treasury are stnektrand bonds of controlled or leased roads of a par value of $20,700,000, and which are held to be now worth $13,000,000 to $15,000,000. It is also said to be contemplated to extend the system considerably. Another Important Conference. Chicago, Nov. 23.— An important conference, with far-reaching results, was held here to-dav between Traffic Manager Muir, of the Chesapeake & Ohio road; General Manager Walker, of the Kanawha Despatch line; R. W. Geiger, of the Pennsylvania Company; John Culp, of the Louisville <£' Nashville; G. J. Grammer, of the Evansville Terre Haute, and Commissioner Blanchard, representing the Central Traffic Association. AtTer some discussion the fact was conceded that Chesapeake & Ohio was not necessarily to be regarded as a formidable rival of the Central Traffic Association. Both parties then agreed to do the best they could to promote each other’s interests. The Chesapeake & Ohio promised to maintain, by its all-rail lines, the Central Traffic Association's all-rail rates. The differentials heretofore awarded the Chesapeake & Ohio road ou business taken by its water route will be continued. That road will also charge Baltimore rates on business to be taken by it to Newport News. It was also agreed that the Central Traffic Association and the Chesapeake <fc Ohio will hereafter exchange statistics, that each may know the amount of business carried by the other. Incorporation of h New Railroad. The stock company organized to build what is to be known as the Southwestern railway filed articles of incorporation with the Secretary of State yesterday. The road is to be constructed from a point on the State line between Michigan and Indiana, near the town of Stufgis, Mich., running southwest through the counties of Lagrange. Marshal, Fulton. Pulaski, White, Benton and Warren, to a point on the State line between Illinois ami Indiana, northeast of the city of Danville, UL The length of the hue will be 135 miles. The officers are: President, Milton M a rear, of Goshen; vice president. John H. Baker, Goshen; secretary, Wilbur L. Stoner, Goshen; treasurer, Zitnri Dwiggins, Chicaeo; directors, Ed D. Chapman, George F. Walker,

THE INDIANAPOLIS JOURNAL, WEDNESDAY, NOVEMBER 24, 1886.

Wilbur L. Stoner, John H. Baker, Milton Mercer, Goshen; Zirari Dwiggins, Chicago, and J. S. Martin, Middleeburg. The capital stock of the company is $1,000,009. The B. St O.’s Eastern Connection. Philadelphia, Nov. 23.—There is undoubted authority for the statement made to-day that within ten days all the details for the plan for the use of the Pennsylvania railroad facilities in this city and Baltimore by the Baltimore & Ohio raiiroad will be completed and the agreement for that purpose entered into. The Baltimore & Ohio will use the Pennsylvania tracks tbrongh Baltimore, and instead of making a connection with the Reading railroad tracks on Pennsylvania avenne. in this city, will run out that street to Thirteenth street, where a short torn north will give it a junction with the Pennsylvania connecting road, which will be the route to New York. A Baltimore dispatch says: President Robert Garrett, in reply to a question asking him to confirm or deny the report that the Baltimore & Ohio had abandoned the Staten Island project and will come to New Jifork over the Pennsylvania track, says: ‘‘The Baltimore & 0\ io Railroad Company never has had nor has it now any intention of abandoning Staten Island as a terminus. On the contrary, it proposes to and will construct extensive terminal facilities thereon.” The Limited Trains To Be Withdrawn. On Monday, Nov. 29, the limited trains on the Chicago, Burlington & Northern, the Chicago, Milwaukee & St. Paul, and the Chicago, Minneapolis, St. Paul & Omaha roads will be taken off for the winter. The Wisconsin Central will also lengthen the time of its train, and the running time of all through trains between Chicago and St. Paul will be the same—sixteen hours and ten minutes for the night trains, anti seventeen hours for the day trains. The Chicago Tribune says the reason for this move is that there is not enough business on any of the lines for three trains daily, and the most amicable settlement of the affair was to withdraw the limited trains. They will probably bo nut on again in the spring. The Minnesota & Northwestern officials, however, say that they will run their fast train over the new line, beginning next Thursday. The exact running time has not been decided upon, but it will probably be between fourteen and fifteen hours. The Roberts-Garrett Deal. The Baltimore American of the 21st says, regarding the Roberts-Garrett deal: “It is stated positively that the conference of President Garrett with President Roberts, of the Pennsylvania Railroad Company, brought the two gentlemen closer together than they have been for a long while, and it is likely to bring about again a long continued peace between the railroad companies. In Philadelphia it is denied that Mr. Corbin bad powers to treat for the Pennsylvania, as seems to have been intimated there, but it is generally accepted that he and Mr. Keiin have actod as mediators, and that a triple alliance of the Reading, Baltimore & Ohio and Pennsylvania will be made, through which much saving can be effected by all of them through a division of territory, more uniformity in all rates, and the admission of the Baltimore & Ohio into both trunk and passenger line pools.” _ Big Four Earnings. The earnings of the C. f 1., St. L. & C. for the third week of November were as follows: 1885 1886 From passengers $13,973.58 $13.302.90 Local freight 13,602.90 12,845.71 Foreign freight 13,414.82 16.345.00 Line freight 1,772.46 2,235.00 Express 993.86 930.00 Mails 2,042.68 1,842.00 Total $45,800.00 $47,500.31 Add total of first quarter.. 44,000.00 48,046.49 Add total of second quarter 44,000.00 47,489.04 Total for three quarters $133,800.00 $143,035.84 . Reading Can’t Redeem Her Bonds. Philadelphia, Nov. 23. — The receivers of the Philadelphia & Reading railroad to-day announced that, as there is no money on hand applicable to the payment of interest on the consolidated bonds due on Dec. 1, the same will not be paid. The receivers further stated that they expected the plan of reorganization to be published soon, and the interest would then be provided for. The offer of the Drexels to pay it could not be accepted, because the receivers v|pre unwilling to bind themselves to repay the Drexels at any specified time. About $500,000 is still due on account of the sum advanced for payment of this interest last June. Hereafter, when funds are not on hand to pay the rental of a leased line, though it has been earned, the receivers will give the leased line a certificate of indebtedness, payable when funds are available,

A Hitch In the Arrangements, Chicago, Nov. 23.— There is a hitch in the movement to advauce grain and provision rates from Chicago to New York five cents a hundred, on Dec. 1, and it is by no means certain that the recommendations of the Central Traffic Association will be carried out. The statement is made that no immediate action will be taken by the trunk lines, many of their representatives expressing doubt of the advisability of an advance for the present. It is objected to on account of the low price of wheat and the fact that the present twenty-flve-cent rate has not been strictly maintained by ail of the roads. It is feared that higher tariff rates might lead to irregularities, and that the movement of grain might be impeded. The Affairs of Erie. New York, Nov. 23.—The board of directors of the Lake Erie & Western railroad adopted a resolution to day appointing a sub committee to co-operate with the stockholders in their move ment to raise a second assessment of 6 per cent for payment of accrued interest and other indebtedness of the company. Certificates of indebtedness of the company will be given in return for assessment payments, and these certificate will be convertible into preferred stock hereafter. Preferred stock will De issued, also, for the amount of the assessment already paid. This action of the board obviates the necessity of stockholders meeting, as proposed. Conference About Pacific Slope Matters. New York. Nov. 23.—A conference was held this afternoon between President Harris and a committee of Northern Pacific directors, and President Smith and several directors of the Oregon Navigation Company. Tbe object of the conference was to consider the v lan of the Northern Pacific comnany in joining with the Union Pacific railroad in leasing the Oregon Navigation routes. President Harris after the adjournment stated that nothing could be given out in regard to the conference. President Adams, of the Union Pacilio railroad, was not present at the conference. New Railway Project in the Northwest. Boston, Nov. 23.—An Ottawa special to the Herald says: “The Official Gazette contains a notice that a company will apply to Parliament next session for a charter to construct and operate a line of railway from some point on the Canadian Pacific railway, east of Winnipeg, to the mouth of Albany river, on Hudson's bay. The general impression in railway circles is that the Canadian Pacific Railway Company is at the bottom of this scheme, in order to kill the road upon which construction has been commenced, running from Winnipeg to Fort Churchill. Compelled to Sleep on the Floor. C. E. Bremerman, married in Washington City ten years ago, wants a divorce from S. J. Bremerman because she compelled him to sleep on the floor, and has for five years refused to live with him. ' “Hk ne’er considered it as loth to look & gift horse in the mouth." but he’d never let him suffer from cut, sprain or bruise as long as a bottle of Salvation Oil could be had for love or money.

RECORD OF THE COURTS. Supreme Court. lion. B. K. Eliott. Chief-justice. The following opinions were rendered Nov. 23: telegraph company—negligence. 12532. Western Union Telegraph Company vs. Robert Nelson. Monroe 0. C. Reversed. Zollars, J.—ln 1884 appellant had two offices in Gosport, situated about eighty yards apart, on two different lines of railroads. On each line it had wires. That on the Louisville road led direct from Gosport to Bedford. On the I. &V. road a message would havo to be sent to Indianapolis or otner points and be repeated. In December, 18S4, appellee went to the I. & V. office with a message for Bedford. Tho agent told him the price, but that he would not send it from that office; that it would have to be sent from the other office. The sender declined to do this and the agent then told him he would take the message, but the sender declined and went to the other office. The suit was brought for the statutory penalty. The evidence fails *to show that the telegraph company violated an}’ of appellee’s rights or neglected any duty it owed to him. PLEADING—ANSWER. 12804. Otis Allyn et al. vs. Adelia Allyn. Posey 0. C. Affii*ned. Howk, J.—ls a paragraph of answer is bad. and has been held so on demurrer, then, no matter how well its allegations may have been proved, the issue joined thereon was an immaterial one, and it was the duty of the trial court, as it is the duty of the Supreme Court, to disregard such issue and render judgment without reference to it. (2.) An answer to a suit on notes alleged tnat the plaintiff brought bastardy proceedings, charging the defendant with being the father of her child; that at that time she was a minor; that the notes in suit were given in compromise and settlement of those proceedings, but that the attempted settlement was void, because the justice did not find that suitable provision had been made for the maintenance of such child, and there was* therefore, no consideration. Held: Bad. VOLUNTARY CONVEYANCE—FRAUD. 12870. Rachel Barrows et al. vs. Marv Barrows et al. Monroe C. C. Reversed. Elliott J.—Where a wife joined in the conveyance of land by her husband and upon being divorced from him she brings suit to have the conveyance set aside as fraudulent and subject the land to a judgment for alimony, such conveyance will not be set aside when it is shown that she participated in the fraud. She was in no sense a creditor of the granter and there was no evidence of intent to defraud her. MALICIOUS PROSECUTION—EVIDENCE. 12713. Emmet E. Walker et al. vs. Oliver Pittman* Clinton C. C. Reversed. Niblack, J.—ln an action for malicious prosecution evidence of the bad character of the defendant for peace and quietude at the time the personal collision took place, for which the plaintiff had been arrested, i6 too remote as evidence in chief. (2.) Evidence of the amouut of attorneys’ fees incurred In defending the prosecution is admissible. "Whether such fees had been paid raises a merely collateral Question with which the defendant bas no concern. WILL —DETERMINABLE FEE. 12314. Frank Greer vs. John S. W'ilsor. et al. Fayette C. C. Affirmed. Niblack, J.—A testator. by bis will, provided that the control, occupancy and profits of all the real estate of which he died seized, should go to his wife during her natural life. To his child, her heirs and assigns forever the fee simple was devised, subject to the life estate of the mother. In case the daughter should die without heirs surviving, or in case of such heir, and it do not survive to full age, distribution is to be made to collateral kindred. The mother survived daughter, who ieft a son, appellant, and a husband. Subsequently the mother died. Suit for partition of the land by judgment creditors of the daughter’s husband. Held: That the daughter became seized of a determinable fee in such real estate, and that on her death her husband succeeded to one individual third part of the same real es fate, as the owner in fee. subject only to the same contingency, and that the estate to which he had eo succeeded was subject to sale on judgments against him. * MECHANICS’ LIEN —NOTICE. 12621. Theresa C. Vintou vs. Builders’ and Manufacturer s Association et al. Marion S. C. Affirmed. Howk, J.—Under Sec. sos the mechanics’ lion law (Acts 1883, p. 140) mechanics or other persons are not required to notify the owner or his agent in writing of the furnishing of the materials, but a verbal notification given at or before the time mentioned to the owner or his agent was a sufficient compliance with the statute. BOND—PAROL EVIDENCE. 12591. Singer Manufacturing Company vs. Wm. H. Forsythe et al. Decatur G. C. Affirmed. Mitchell, J. —Suit on a bond. The bond conditioned that Wm. H. Forsythe should pay, or cause to be paid, any and every indebtedness or liability then existing, or which might thereafter in any manner exist or be incurred on his part, to the Singer Manufacturing Company, whether such liability should exist in the shape of book accounts, notes, renewals or ex tensions of notes, or accounts, acceptances, indorsements or otherwise. Held, that it was competent for the defendants to aver and prove the original transaction and agreement between Forsythe and the company, which furnished the sole consideration upon which the collateral engagement of appellant was entered into. (2 ) "When appellant terminated its contract of agency with Forsythe, and, instead of receiving back its unsold property, made an absolute sale thereof to him, taking hie note*, it engaged iu a transaction which was in no manner contemplated by the contract, the performance of which the bond was given to secure. The bondsmen never engaged to answer for such a transaction.

PEED—GRANTOR—MENTAL UNSOUNDNESS. 12082 —Physio-Medicai College et al. vs. Wm. Wilkinson et al. Hamilton C. C. Affirmed. Mitchell, J. In an action to cancel a deed nnd quiet title an allegation in the complaint that “the plaintiffs are the heirs, and only heirs,” etc., is a sufficient statement that the plaintiffs had such an interest as entitled them to maintain the action. (2.) Where there is mental unsoundness, accompanied with and probably resulting from infirmities and decreptitude of old age, there is no presumption, either of law or fact, that passing years give release from such imprisonment of reason. {3.) Where it is not shown that a grantor, m a deed, of unsound mind, received any benefit from the transaction, her heirs may rescind without tendering back the amount of benefits accrued to others who were beneficiaries of the grautor. MARRIED WOMAN—ESTOPPEL. 131G4. Mary Ward et al vs. Berkshire Life Insurance Company. Marion S. C. Affirmed. Elliott, J.—Suit to foreclose a mortgage executed by appellants, husband and wife. A representation by a wife that money sought as a loan is for her use and benefit is not a representation that the wife has capacity to contract, for it is not in anv sense a denial of the existence of the disability of coverture, but is merely an affirmation of the fact that the contract into which she proposes to enter is a contract for her own benefit. (2.) A married woman, under the rule that she may be bound by an estoppel in pais, like any other person is bound by a representation as to the character of the contract into which she seeks to enter and from which she asserts she will receive a benefit. This estoppel extends to the conveyance of lands by deed or mortgage. (3.) Ward made application for a loan, representing that it was for the benefit of his wife; he offered to make oath-to that effect, and he and his wife made affidavit that the mortgage was not executed as security for a debt of the husband or any other person. The agent had no other means of knowing the purpose the loan was sought, and relied on her statements. Held: That she was excluded from asserting that the mortgage was executed as security for the debt of her husband. DECEDENT—DECLARATIONS. 12839—Elam J. Brown, administrator, vs. Hoxie G. Kenyon. Hamilton C. C. Affirmed. Zollers, J. —Suit on notea. Answer that subsequent to the execution of the notes it was agreed with the payee now deceased, that the maker should fninish him board and home during his natural life in satisfaction of tha debt, and that defendant bad performed the contract on his part. The notes were found among papers of the decedent. The plaintiff offered to prove in rebuttal that the decedent had stated that that he was afraid the defendant would cheat him out of his money, and that he would not be able to make it These declarations would tend to overthrow the case made by appellee’s answer and hia witnesses, but as they did not accompany an act

material to the issue they were not pjrt of the res gestae and incompetent. Superior Conrt. Room I—Hon. Napoleon B. Tavlor. Judge. Lewis Carter vs. Benjamin Thornton at al.; damages. Judgment on verdict for defendants. Viola J. R. Grooms vs. Zachariab Brush; replevin. Taken under advisement. Room 2—Hon. D. W. Howe, Judge. Charles P. Hartman V 9. William C. Holttke; notes. Judgment for plaintiff for $350. Nicholas McWilliams et al. V3. Jennie M. Reynolds et al.; possession of real estate. On trial by court. Edward S. Brown, receiver, vs. W. P. Richmond. Judgment for plaintiff for $510.72. Boom 3—Hon. Lewis O. Walker. Judge. Elizabeth Moore vs. The City et al.; damages. On trial by a jury. NEW suits. Philinena Zabbe vs. Anton Archgill; complaint on contract of lease. Demand. SSOO. Maria F. Ritzingeret al. vs. Isaac L. Frankem; complaint for ejectment. John B. Mazetin v& William D. Bynum et al.; complaint on note. Demand. $1,900. C. E. Bremerman vs. S. J. Bremerman; complaint for divorce— grouud, abandonment. Christian Klingel et al. vs. Thomas Dean et al.; complaint on note. Demand, S2OO. Annie Bernstein vs. The Nordyke & Marmon Company; complaint to secure money. Demand, $289. Circuit Court. Hon. A. C. Ayres, Judge. Bridget Byrne vs. The Estate of Michael Carr; claim. On trial by jury. Criminal Court. Albert Ayres, Acting Judge. State vs. Joseph Hensley; plea of guilty to embezzlement. Taken under advisement. Real Estate Transfers, Instruments filed for record in the recorder’s office of Marion county, Indiana, for the twenty-four hours ending at 5 P. M. Nov. 22, 1880, as furnished by Elliott & Butler, abstracters of titles, Room 23 uEtna Building: Joseph P. Flack and wife to Brison Martin, lots 9 and 10 in Johnson C. Holmes ot al.’s subdivision of part of block 24 in Holmes’s West-end addition to Indianapolis $300.00 Joseph F. Flack and wife to Elmer E. Townsend, lot 11 in Johnson C. Holmes's West-end addition to Indianapolis 150.00 Thomas J. Gulley to Octavia Gulley, part of lot 4 in E, 13. Dill's addition to Clermont 120.00 Lynn B. Martindalo, commissioner, to Wm. B. West, lots Hand lOinHarding Howard’s heirs’ addition to Indianapolis 131.00 Lynn B. Martindale. commissioner, to MaryE. Bolin, lots 19 and 20 in Harding Howard’s heirs’ addition to Indianapolis 109.00 James W. Robinson and wife to Henry Biuklev, part of lot (5 in outlot 104 in Samuel Merrill's subdivision in Indianapolis 1,600.00 Christopher F. Rafert and wife to Peter M. Purcell et ai., part of lot 15 in O. Butler’s addition to College Corner, in Indianapolis 275.00 Simeon J. Mitchell and wife to Alex. C. Ayres etal.. lot 31, in Woodruff Place.. 1,000.00 James F. Coburn and wife to Seth M. Coffin, lot 5 in Coburn's Ist Belmont addition to Indianapolis 275.00 Frank McWhinney and wife to Maria Archibald, part of outlot 144, in Indianapolis 1,163.90 Joel R. Newhouse and wife to Emma J. Jenkins, part of south half of north half of southwest quarter of section 12, in township 10 north, of range 4 east, containing 40 acres more or less 1,750.00 Nicholas McCarty et al. to Emrick, Paulini & Cos., lots 57 and 58 in McCarty's subdivision of part of outlot 120, in Indianapolis *. 1,200.00 Nicholas McCartv.et al. to Chas. M. Dickson. lot 115 in McCarty’s 3d West-side addition to Indianapolis 250.00 Conveyances, 13; consideration $8,331.96 Indianapolis. Nov. 23. Harry J. Milligan, trustee, to Margaret Murphy, lot 1 in square 12 in 8. A. Fletcher, jr.’s northeast addition to Indianapolis $300.00 Francis M. Surbey and husband to Ellen E. Baker, part of lot 12 in Joshua Steven's subdivision of square 101, in Indianapolis 2,000.00 Chas. Al Dryer, trustee, to Geo. Daupert, lot 14. m Ketcham Place 100.00 Horace Speed, administrator, to the Indianapolis Free Kindergarten and Children’s Aid Society, part of outlot 142, in Indianapolis 400.00 Harry J. Milligan, trustee, to Richard H. Andrew, lot 7 in square 3 of S. A. Fletcher, jr.'s, northeast addition to Indianapolis IH 300.00 Thomas D, Campbell et al. to Geo, A. Bush, part of the southeast quarter of the northeast quarter of section 18, in township 15, of range 5, containing 1 acre.. 100.00 Robert Browning and wife to Geo. W. Powell, lots 106 and 107 in Ingram Fletcher’s 2nd addition to Indianapolis.. 2,500.00 Thomas S. Eaton and wife to Wm. Eaton, part of east half of southeast quarter of section 28, and part of west half of southwest quarter of section 27, all in township 15 north, of range 5 east 2,920.00 Christine M. Klassing and husband to C. Henry Schroeder.part of lot 11 in Cress’s addition to Indianapolis 750.00 Margaiet A. Shufeiton and husband to Joseph B. Mansfield, lot 29 in E. T. Fletcher's Ist addition to Brighlwood.. 1,300.00 August Richter and wife to John Twiname, lot 16 and part of 17, in Munson’s subdivision of Birkemeyer’s addition to Indianapolis 200.00 Conveyances, 11; consideration $10,870.00

Mrs. Woodworth Pleads with the Governor. A rather tall, masculine-looking woman, aged about forty, wearing a plain black dress, walked energetically up the steps into the Governor’s office yesterday afternoon, calmly dropped into a seat in the waiting-room, and asked to see his Excellency. The visitor was Mrs. Maria B. Woodworth, the noted trance evangelist, who has created so much of a sensation in eastern and southern Indiana. She was shown into the Governor’s room, where she pleaded for the pardon of her cousin, Mrs. Ellen V. Walton, who was sentenced to the Female Reformatory two years ago for life for the murder of her hus. band, and who, Mrs. Woodworth claimed, is about to die from a cancer. Mrs. Woodworth was anxious that the pardon should be issued immediately so that her cousin could be a free woman on Thanksgiving day. The Governor promised to investigate the case thoroughly. Small Fires Yesterday. A stable in the rear of Nos. 13 and 15 Douglass street, kept by a colored express driver, named J. C. Hall, and owned by George Branham, was partially destroyed by fire yesterday afternoon, and with it some fornituro. The loss was about SSOO, two-thirds of which was covered by insurance. The department was called to 551 Virginia avenue, last evening, by the burning out of a flue. Glanders in Tipton County. The health officer of Tipton county complains to tho State Board of Health that danders has made its appearance in that county among the horses, and that the farmers are greatly alarmed over the matter. Dr. Pritchard will visit the county to day, and investigate the matter. Catarrh is a constitutional disease. Hood's Sarsaparilla is a constitutional remedy. It cores catarrh. Give it a trial. Anchor Line! U. S. MAIL STEAMERS Sail every SATURDAY from NEW YORK to GLASGOW AND LONDONDERRY. Kates of Passage to or from NewYork Glasgow, Liverpool,Londonderry or Belfast CABINS. 845 and 855. SECOND CLASS, 830. Steerage outward or prepaid, B‘JO. Anchor Line drafts, issued at Lowest Rates, are paid free of charge in England, Scotland and Ireland. For Books of Tours: Tickets, or other information, applv to HENDERSON BROTHERS, New York, or A. METZGER, 5 Odd fellows' Hall, or FRENZKL BROTHERS, Merchants’ National Bank,lndianapolis,

PIANO TEACHERS Do not need to be told that their pupils make the best progress when the best books are used. DITSON CO. 'S books for teaching purposes are “tried and true” and stand in the very foremost rank. YOUNG PEOPLE'S CLASSICS t. An admirable collection of easy music that is good music, and calculated to improve the taste, as well as furnish useful practice to pupils in their second and third quarter on the piano: 52 pieces, bv Lichner, Lange. Perabo, Kullak, Spindler, Oesten, Schumann, and others. “RICHARDSON" ($3), remain? tho greatest and most correct of Piano Instruction Books. PHY A pi ICCJfO ($D Pieces for player* someI liinU LLau'lUJ what advanced, is having a large and well-deserved sale. “FAIRY FINGERS" (sl.) A delightful and very popular collection of very easy piano pieces for beginners. FOUR-HAND TREASURE SSTSSC Every teacher needs it. Euros in Scales aud Chords it.al set of exercises for the first steps to harmony. Mailed, post free, for Retail Price. OLIVER DITSON~& CO., Boston. C. H. DITSON & CO., 867 Broadway, New York. BUSINESS DIRECTORY. INDIANAPOLIS. __ ABSTRACTS OPjriTLES. ELLIOTT & BUTLER, NO. 3 JETNA BUILDING. ATTORNEYS. rOHN COBURN. ** ATTORNEY. No. 11 Martindale Block, No. 60 East Market Street. MISCELLANEOUS. QINDLINGER BROTHERS, O Wholesale and Retail Dealers In FRESH AND CURED MEATS, 47 North Illinois st,, 207 West Michigan st. and 467 South Meridian st. Telephone NO9. 860 and 602. H E. 0. & CO., Manufacturers and n I I\l IN D Repairers of CIRCULAR, CROSSCUT, BAND aud all other kinds of Ql g Illinois street, one square south of Union Depot. J. R; RYAN 00~ Commission Merchants and Dealers in FLOUR, GRAIN, HaY AND FEED, 62 and 61 East Maryland Street. INDIANAPOLIS" OIL TANK LINE CO.T DEALERS IN PETROLEUM PRODUCTS. Corner Pine and Lord Street*. CmAMCffig’DoN WOOD CiJ/yGAVP iZsMWDIANSr. EL ft W* r* • INDIA NA POL IS- IND • MACHINERy7eTc! SAW S InlmnYllEELsf SPECIALTIES OF W. B. BARRY SAW AND SUPPLY CO., 132 and 134 South Pennsylvania Street All kinds of Saws repaired. CONSUMPTIVE. Have von Cough. Bronchitis, Asthma, Indigestion t Use PARKER’S TONIC without delay. It has cured many or Uxe worst ca.%es and Is the best remedy for all affections of the tliroatand lungs, and diseases arising from Impure blood and exliaustion. The feeble and sick, struggling against disease, and slowly drifting to tk® grave,willln mostcasesrecoverthelr health by the timely use of Paiiker’s Tonic, but delay is dangerous. Talee 1* In time. Cure* when all else rails. Gives new life ana Strength to the aged andinilrm. $1 at Druggists. gXs stoves NO KINDLING REQUIRED. NO COAL TO CARRY. NO ASHES TO REMOVE. Prices from $2 to sl6. Gas Engines from £ Horse-power up We sell to gas consumers in this city only. On e*> hibitiou and for sale at the GAS COMPANY, No. 47 South Pennsylvania Street. CRISTADOfIO’S HAIR BY E is the best; acts iustantaneously, producing tha most natural shades of Black \mLSI or Brown; does not stain th® fgj skin and is easily applied. YlfSI crWadoro’b hair U| v s ||*i PRK SE RVATI V E AND yjj BEAUTIFIEIi is the best Jf pH dressingfor tuehair. Try it, * Ynf LJ J. CaisTADono. 95 William street, N. Y. Interesting pamphlet sent free.

BRIDGE RODS, TRUSS RODS, Bolts, Stirrups, Plates, Washers And CONSTRUCTION WORK STEEL PDLLEY AND MACHINE WORKS (Successors to Machine and Bolt Works), 79 to 85 South Pennsylvania St., INDIANAPOLIS. ROPtSKtAIIPI CSSS? Physicians who have seen the effect of the Medicated Soft Pad Truss I U and Liniment upon rupture admit that it ■ M will cure all mild cases and many of the %. J worst cases of Direct and Scrotal Hernia, without scarcely any pain, and not a partiele of danger. The principles upon which this is done are aa follows: First, it retains perfectly; second, it causes an inflammation directly under the pad, which extends to the ring: third, this inflammation causes tne edges of the ring to thicken, and Lymph is thrown out and tissue formed; the contracting and healing continues until the rupture or ring is entirely closed. For circulars call or address Rupture Cure Sanitarium, Room 4,77 hi East Market street, Indianapolis. Ind. CONSUMPTION. I hare a positive remedy for the above disease ; by Its use thousands of cases of the worst kind and of long s ending hare boon cared. Indeed, sostromr tsroy faith in lteefflcae? that I wl 11 sen and TWO BOTTLEB FRK 8, together with a VAu* UABLE TREATISE on tbisdlsease, to any sufferer. Give express A P. O. ad ureas. DB. T. A. SLOCUM, 1U Pearltit N. T CUREmDEAF PECK’S PATENT IMPROVED CUSHIONED EAR DRUMS rsarscrtr aasToaa ms shaking and perform tiie work bf the natural dram. Invisible, comfortable and alwsyt In position. All conversation and even whispers heard distinctly. Scud fur llluitrmtad book with testimonials, FREE. Address or call on V. lUSCOX* 853 Breadway, New York. Mention this paper. GRAND HOT-EL, INDIANAPOLIS. IND. Passenger elevator and all modern conveniences’ leading Hotel of the city, and strictly first-olas*. Rates, $2.50. $3 ami $3.50 per day, the latter prioa including bath. GED. F. PFINCI3T, Proprietor.

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