Indianapolis Journal, Indianapolis, Marion County, 29 November 1892 — Page 3

THE INDIANAPOLIS JOURNAL, TUESDAY, NOVEMBER 29, 1892.

3

PBOIIIBS AT WAR IN COURT

Eitter-IIicklo Libel Snit Trovesa Drawicg Attraction This Week. Tie Captain Had a Little the Best of It Yesterday-1., P. Jfc W. First Hortpage i'onds Good Kerns Confided. Considerable interest is centered In tbe attraction now on tbe boards in tbe Circuit Court room before J ad go Uartholornevr. of the Superior Court bencb. Tbe cause that -will occupy tbe attention of tbeconrt for several dajs is tbe Kitter-llinkle libel suit. Some time ago, when CarL Eli Hitter was talked of as tbe Probibition candidate for the presidency, Leonard Hinkle published in the Phalanx, tbe party organ, and in a circular, statements alleged to be derogatory to Hitter's character, and especially his professional integrity. Hitter brought suit against tbe aatborof tbe publication, asking $10,000 damages. The case was filed in the Circuit Court, and an affidavit for a change of enne from the iudge having been tiled, Judge Hartholotnew was called into tbe case. CepLS. M. Bnepard appears for Mr. Kitter andMcCullougbA: Spaan forllinkle. In the opening statement made to the inry Mr. Spain delineated tbe facts which he claimed the defense would be able to prove. He claimed tbat the defense would be able to prove nnfair treatment of bis client by Captain Kitter, and would also prove that he was not loyal to the party, in laoport of which be said tbey would prove that Mr. Kitter, in 1S34, supported illaine, although there was a Prohibition candidate in tbe field. The defense pleads justification, and claim tbat inasmuch as Capt. Kilter was a candidate for tbe nomination for the presidency it was proper tbat the p-orlo should know what sort of a man he was. . V. Hooker was tbe first witness for tbe plaintiff and testified to statements made to him by Hinkle concerning Mr. Hitter prior to the litter's candidacy. Mr. Hose, ono of Captain Hitter's bitterest opponents, was put upon tbe stand and testified as to the printing or tbe alleged libelous circular. Mr. Hose said that the circular bad bedn printed for use at tbe Probibition convention, in Cincinnati, to defeat Hitter; but that tbey were not so used. Hose became terribly mixed nnder Mr. Bhepard's questioning, and bis testimony lacked consistency. Among other things, the circular which has caused tbe trouble accused Mr. Hitter 9f dealing unfairly with llmkle when be was defending the latter at Noblesville on a charge of assault andbattcry, of wbicb he was convicted. Judge Chapin, of Anderson, who presided at tbe trial of tbat case, was Introduced by tbe plaintiff and testified that the defense was skillfully conducted and that all it was possible for an attorney to do in tbe case was to soften the feelings of tbe jury against the defendant. A vigorous fight is being made on both aides. Mr. Hitter seeking vindication more than money, and the defense fighting hard on tbe line of justification. The trial will probably occupy several days. Barns Seuteneed. Joseph Burns was on trial in tbe Criminal Court room, yesterday, charged with robbery. He was tried about a week ago in connection with Charles J ice wander, lor the same offense. Kicewander was conyicted and sentenced to .ten years in the penitentiary, but Burns was acquitted. He was indicted for another robbery, being accused of having robbed John Cominsky on the night of Oct. 16. Burns proved an alibi for that night, bat.it appearing that the crime was committed shortly after midnight of tbe day previous, he asked .and was granted permission to introduce evidence as to bis whereabouts on that night, and proved an alibi for that night also. , The jury, after wrangling with tbe evidence for about four boors, returned a verdict of guilty, and fixed Bnrns'a punishment at seven years in the penitentiary and a fine of $2U0. I., 1. & XV. Bonds Good. A suit of long standing was decided in the Supreme Court yesterday, it being that of Benjamin F. Sands and IL B. F. Peirce, trustees, against the I., D, & W. railway. It was to enforce the security of a first mortgage amounting to 1 1.S0O.00O. Sands and Peirce were successors to Kmmott and Crane, deceased, and the suit was brought In lb75, in the Marion County (superior Court on the securities of tbe mortgage given for bonds. Tbe Farmers' Loan and Trust Company and Noble C. Butler, trustee, holders of junior mortgages, were also made defendants. Judgment was rendered to Sands and Peirce in hhe Superior Court, was later atlirmed by the Superior Court general term, and was yesterday reaffirmed by the Supreme Court, Judge Olds writing the opinion. Seanlon Damage Suit. The bearing of the evidence was completed yesterday morning in tbe Bcanlon damage suit against the city wherein Mrs. Stella O. Scanlon seeks 23,1X0 against the city for injuries received by having her foot caught in a defective culvert. The greater part of the day was spent in argument by tbe attorneys, who made frequent use of the pair ni shoes worn by Mrs. Scanlon at the time. Mr. Potts, who appears for the plaintiff, used them to emphatically illustrate, in connection with a diagram of the. cnlrert. just bow tbe accident happened. After about fifteen minutes' deliberation, the jury brought in a sealed verdict, to be opened this morning. Fled with Another Woman. Jeesie Hyan yesterday began suit in the Superior Court, seeking a divorce from Harry Ryan on tbe grounds of unfaithfulness, abandonment and failure to provide. Mrs. Hyan alleges tbat the defendant had been intimate with one Myrtle Thompson, and that he had abandoned her (Mrs. Hyan) and lied to Chicago with tbe other woman, leaving her in a destitute condition. Before leaving for Chicago, Hyan induced bis wife to sign a chattel mortgage upon all their household effects by a misrepresentation of facts, and after securing about $503 upon them left her. In her complaint Mrs. Hyan asks for custody of their two Chilean and $1,000 alimony. Contractors Sued by the Government. Last year the United States government advertised for bids for the erection of some buildings on government ground at Fort Thomas, in Kentucky. The firm of Barnes iV Barnes, of Logannport. were the lowest bidders. Their figures were accepted, and " Absolutely the Best. Is called for in the latest recipes of Marion Harland, Author of "Common Sense in the Household. Mrs. Rorer, Principal Philadelphia Cooking School. Eliza R. Parker, Author of "Economical Housekeeping." Mrs. Dearborn, Principal Boston Cooling School. Mrs. Lincoln, Authcr of M Eotaa " Cock Bcolc Those who know most about baking powders use Cleveland's. Our Ccok Hook, 400 recipes, frze. Ask your grocer for a copy. If he hasn't it, send stamp and address to , Cleveland Uaklusr 1'owder Co., 2f TV.

'mm

thetr than rikt n mnA n m aV n tVife nnntrrt

The next lowest bidder . performed the vroTK. as a price tnal was fcT.uoJ in excess ot the Logansport men. The government, through its attorney, Smiley N. Chambers, brona'ht anil in tha 1 'nit a1 States Conrt Jrsterday to recover tbat amount, making obn Barnes, Charles Harnes, Dennis Uhl ana Andrew Stevens defendants, ine two last are sureties. . Probated at the Judge's Home. The will of George Goegler was probated yesterday before Judge Brown at his residence. No. 184 Broadway. By the proTisionsof the will all the property went to his wife, but as his wife died before he did the will -was of no effect, the property, which is not large, going to the four children. Tbe proceeding of admitting the will to probate in the manner in which it was done was the subject of some comment among attorneys in view of the tact tbat it has not been over a month since the Jndge in his decision in the Klce will contest held that wills must be probated in open court. GlrU on Trial. Annie McMath, Hattie Stone and Nettie Ilobbs, tbe three colored girls indicted for assault and battery with intent to kill, were placed on trial and tbe evidence partially heard and the case continued nntil to-day in order to secure the attendance of absent witnesses. The offense for which the three girls are being tried was committed on the West Market about two weeks ago, when tbey attacked another colored girl and slashed ber terribly with a pocketknife, inflicting five very painful, but not serious wounds. Judgment for a Large Amount. The National Bank of Rockville, Ind., was given judgment against Mercy Marry and Lewis liolloway for $10,488.40 on four notes yesterday before Judge Harper. The defendants, who compose the iirm of Mercy Mnrry Ac Co.? recently made an assignment for tbe beneht of their creditors. Failed to Deliver the Chicken. Byron Hutchinson yesterday .filed suit against the Merchants' Dispatch and Transportation Company, asking $100 damages for the failure of tbe defendant to deliver to plaintiff, in Boston, twenty boxes of dressed poultry within the time agreed upon. Claiming Insnrance. Susan E. Edwards yesterday began suit against the Supreme Lodge of K. of P. of the World asking judgment for 2,000 alleged to be due on a policy of insurance issued upon the life of her husband. The Court Record. ' ncrr.EME 6ourt OPINION'S. 1C550. L, D. & W. Railway Company vs. Benjamin A. Sands et aL Marion t?. C. Affirmed. Olds. J. A cause as to parties entering into an agreement and consenting to a judgment will not be considered in this court on its merits, but it should be affirmed where tbe court had jurisdiction. Tbe fact tbat the judgment rendered is broader and to some extent without the limits of the allegations of the complaint, can make no difference. 2. Where the evidence in a causo was concluded and an endeavor was made between counsel for their respective clients to enter into an agreement in regard to the final judgment that should be entered by the court, and an agreement was drafted with a final decree to bo entered which was signed by some of tbe parties. And attorneys for others indorsed the decree "O. K." and signed their names,and it was handed to the judge, held, urJUer these circumstances, such parties consented to the decree. 15VJ. James F. Lindley vs. Walter L. Sullivan et at. Vanderburg C. C. Reversed. Miller. C. J. While good pleading requires that in an action upon a note providing for attorney's fees tbe value of the services should be stated, evidence may be admitted without each averment and a recovery had for such fees, provided the whole recovery does not exceed the amount for which judgment is demanded in the complaint. 2. Where two defenses are joined, one triable by tbe court and one by a jury, tbe fact that the trial was bad and evidence introduced only nnder the first paragraph did not make tbe ruling! of the court submitting the cause to a jury made at tbe inception of tbe trial erroneous. 3. In the absence of 'a special contract tbe duty devolves noon the bolder of notes held as collateral security of using reasonable but not extraordinary diligence id their collection, and upon a failure to realize tbe money due thereon through his own laches, the amount lost may be charged against him as a payment on tbe debt. The mere lapse of time and the fact that claims have not been collected do not of themselves necessarily show a want of reasonable diligence. 15321. Wm. A. Brunker vs. Robert J. Cnmhiins. bullivan C. C. Reversed. Elliott, J. The appellee owns a building In Farmersburg. tho lower part of which was occupied by him as a store-room and tbe upper part was leased to a lodge of Oddfellows. A walk ran along the side of tbe building, and this was usually traversed by lodgo members in going to and departing from lodge meetings. The stairway was reaclrVl by ascending a platform raised several itches above tho walk. A barrel was rolled npon tne walk near the platform, and. in coming out of the lodge at night, appellant struck his foot against the barrel and was thrown down. The barrel teems to have been placed there by ati agent of appellee in discharge of his general duties. Tbe question whether or not the barrel so encroached upon the walk as to make it dangerous was one of fact for tbe judgment of tbe jury, and it was error to admit the opinions of witnesses on that point. 2. Remaras made by a judge in the presence of the jury during" the progress of a trial, if material and improper, constitute prejudicial error. lf0. Martha E. Leggett et a!, vs. Abraham Lozier. Ohio C. C. Reversed. . Coffey, J. A complaint for tbe recovery of possession of real estate, wbicb does not contain a sufficient description of the land sought to be recovered. Is bad on demurrer. 2. The complaint states uo cause of action against appellant Legsett. nor does it pray any relief as to her. It is Insufficient. 15.77i Charles Eppert et &h vs. Mary A. Hall. Clay C. C. Rehearing denied. McBride, J. Delivery of a note may be constructive and yet as effectual to pass title as if it were actually placed in the hands of the payee. SUPERIOR COURT. Rooml TTon. Napoleon B. Tavlor. Jrvlr Mary M. Rebble. Guardian, vs. James B. Bright; for rents; on account. Finding for plaintitl for S12H.D7. Urover C. liinman. Trustee, vs. Mary E. Lindsey et al.: foreclosure. Judgment for plaintiff for $755.5. Decree of foreclosure. Eliza F. Dickson -s. Chan. E. Dickson; divorce. Decree and custody of children granted plaintiff. Mary F. Grothe vs. Chas. II. Grothe; divorce. On trial by court. William A. Taylor et al. vs. Indianapolis Manufacturing and Supply Company et aL; on account. On trial by coarL Iiovtu 2 lion. James V.. Harper, Judge. National Bank of Rockville, lnd.. vs. Mercy Murry et al.; anit on notes. Tried by court. Judgment for plaintitl' for $10,440. Stella O. Set n Ion vs. The City of Indianapolis; suit for damages. On trial by jury. Xew Putts Filed. E. Bement &. Sons vs. The J. A. Everitt Seed Company; suit on account. Room 3. John Rounds vs. State of Indiana et aL; habeas corpus. Room 1. Josie l.'jan vs. Harry II. Ryan; divorce. Room 'J. Kellar Lumber Company vs. Mercy Mnrry and Lewis liolloway; suit on draft. Room 1. Byron Hutchinson et aL vs. Merchants' Dispatch and Transportation Company; damages. Demand, fciiO. , George W. Keyser vs. Dr. Russell Kclsey; mechanic's lien. Room 2. CIKCU1T COURT. Hen. Edgar X. Drown. Jnlrs. W. A. Rhodes vs. Town of Brightwnod; to quiet title. On trial by court. James II. Baldwin, Administrator, etc vs. James Murpby etab; to foreclose equity in real estate. Decree ordering sale of property. Eli F. Ritter vs. Leonard Hinkle; libel. On trial by jury. (Hou. Tliny W. Bartholomew, judge of Superior Court, presiding.) ye ir Suits riled. Pusan E. Edwards vs. Supreme Lodge K. of 1 of trie World; suit on policy. Edward Brewrrvs. Charles A. Webb et al.; mechanic's lien. CK1M1XAL COURT, llor. Millard F. Ci. Ju.tn. State vs. Annlo MeMatlu Hattie Stone. Nettie Hob be; assault and battcrj, with

intent to murder. Trial by court. Evidence partially heard and continued till to-day. State vs. Joseph Bnrns; robbery. Trial by jury. Juxy oat. SEW YORK rillLIIAEMOSICS.

Unusually Fine Concert Before in Exceedingly Slender Audience. The New York Fhilharmonio Club gave an unusually fine concert last night at Y. M. C. A. Hall, before an exceedingly slim audience. Seldom has a progamme so delightfully arranged been given in this city, add tbe artists presenting it are unsurpassed. The elx members play so harmoniously that the fact that there are six instruments is scarcely realized, so perfect is their unison. Tbe enthusiasm expressed by the few present was such tbat if tho number had been greater the applause would have been deafening. The compositions given by the club were varied and admirably arranged. They gave a sextet by Heinrich Hofmaun, composed for and dedicated to tbe club. Romanzeof St. Saens, Spanish dance of Fr. Cowen, "Liebestraum'' of A. Czbueka. "Patrouille Enfantin" of E. Gillet, and tho ever-popular Slavonio dance. No. 8, of Dvorak; and four memoers played the variations Op. IS, No. 5. of Beethoven. Each was' truthfully inter preted. True praise of the soloists would seem extravagant. Tbe violoncello solo of Mr. Paul Mierscb, the violin solo of Mr. Johannes Mierscb and trie flute solo of Mr. " Eugene Weiner were thoroughly delightfuL Miss Marion S. Weed, the vocalist, is entirely charming, with a beautiful mezzo soprano voice, cultivated and artistio in everything she does, with a sweet, unaffected manner and clear and distinct enunciation; one could not ask for more and be reasonable. Her first song was "Nobil Signor," from the "Hngenots," and in response to repeated calls she sang, "I've Something Sweet to Tell You." She was warmly greeted for her second numbers, "Romance," by Rubinstein, and "Only for One," by Randegger. Again she was obliged to return, and. sang the daintiest little ballad in tbe most bewitching style. Those who love good musio and did not hear tbe concert missed a treat not likely to be duplicated this nor any other season, unless the o'ub should return. It is a pity that the new organization, the Young Woman's Christian Association, nnder whose auspices and for whose benefit tbe concert was given, should be out of pocket through lack of patronge lor so excellent an entertammen L WANTED TO RESCUE HIM. Friends of an Arrested Thief Get Themselves Into Trouble. About 4 o'clock yesterday afternoon, as James Foley sauntered past the Famous cloak-house at the corner of Illinois and Market streets, he saw a cloak displayed in front of the store which struck him as being particularly desirable. He appropriated it to his own use and calmly continued his sauntering. In a few minutes tbe loss of the cloak was discovered, and Dominick Hall and James Brosnan, employed at the store, started in pursuit of tbe thief . who was overtaken at the corner of Mississippi and Ohio streets. After regaining the garment. Foley was arrested by the two men. and with him L tbey started for tne store. They stopped . t . v . k.1 A . a X A. witn meir prisoner at. tne senunei ouice iu telephone for the patrol-wagon, and while waiting for its arrival quite a crowd assembled. In the crowd were Al Ross and William Nevins, wlu were urging tho crowd to make a rush upon Hall and Bros nan and take tbe prisoner from them. About this time patrolmen Hagerman and Lyons appeared npon the scene, and the men ceased their.ettorts on behalf of the prisoner. Superintendent Colbert, learning of the facts, ordered the men arrested. At the police station some racy pictures were foand npon them, and they were slated for having obscene literature Jri tbeir possession. Foley was slated ior petit larceny. . PERSONAL AND SOCIETY. Miss Kathefine Levering and Miss Adelaide Rogers have returned from Lafayette. Miss Moody, of Chicago, wbo has been visiting Miss Mary Sloan, returned home yesterday. Mr. and Mrs. Harold Hibben will entertain the North End Whist Club Wednesday evening. Mrs. R. A. Foy and daughter Tisba. of Trenton. Mich., are visiting at Mrs. A. Galloway's, qu East St. Joe street. Dr. and Mrs. Q. Van Hummel gave a 5o'cloek dinner yesterday, in honor of Mr. and Mrs. Richard T. Gent, of Columbus. Mr. and Mrs. Charles E. Kregelo and daughter have returned from Chicago, where they went tq attend tbe Coyken-dall-Wilson wedding. Mr. and Mrs. Brooks, of Cleveland, who have been visiting the latters parents, Mr. and Mrs. William H. Bennett, on North Meridian street, will return home to-day. Miss Mary Rariden came yesterday from Chioago to visit Mrs. T. I, tlaaghey. She will remain till after the Flower Mission Arabian Nights entertainment next week at Tomlinson Hall. Mrs. May Wright Sewall was the guest of the Lafayette Woman's Club, yesterday afternoon, and addressed them on "Observations of Women's Wof k Abroad." In the evening Mrs. Sewall spoke to a general audience on Indiana's interests at the world's fair. Miss Margaret Barry gave a very pretty chrysanthemum tea yesterday afternoon, from 2 to 5 o'olock, at her home on North Meridian street. The event was in honor of Mrs. John W. Holcomb. of Washington. D. C and the guests were the mutual friends of tbe hostess and Mrs. Holcomb. lbe Dramatic CInb presented the two lays, "The Marble Arch" and "Mv Uncle's Vill."very successfully, last evening, at tbe Propyheum. for the benefit of the Free Kindergarten and Children's Aid Societ3r. Tbey were the same plavs and same casts that were given Saturday night at the club. Mr. and Mrs. Edwin St. G. Rogers celebrated the fifteenth anniversary of their marriage last evening, at the home of Mrs. Rogers's father, Mr. J. S. Hildebrand, on Madison avenue, by giving a family dinner party. The house was beautifully adorned for tho occasion, and tho table appointments were handsome and in keeping with the event. Mr. and Mrs. Rogers were the recipients of some exquisitocrrstal gifts, fr A very enjoyable entertainment was given last night, at Meridian-street Cburcb. by the ladies of the Second section. Tasteful booths were fashioned, and attractions ot various sorts wero ottered. A pleasing programme of innsie was given, including two violin solos by Miss Margaret Lockwood, piano solos by Mr. Hanson, and selections by the Baldheaded Quartet and Bnrgess Brown. The gathering was a success in every particular. The annnal fair of the Flower Mission, to be called the Arabian Nights entertainment, will open one week from to-night at Tomlinson Hall. .The attraction for the first evening will be Mrs. Corinne MooreLaw son. tbe famous Cincinnati singer. Mrs. Lawson is not only a fine vocalist, but a handsome woman and a great society leader. After many attempts to get a date the amusement committee congratulate themselves upon their success in securing Mrs. Lawson for this year's fair. GOLDEX WEDDING AT WABASH. Epecialtothe Indianapolis Journal. Wadasii. Ind., Nov. 2S. Fifty years ago to-day Dr. James L. Dickcn and Miss Mary Thomson were married and seven years afterward they moved to this (Wabash) county. To-day they celebrated their golden wedding. Five of theireleven children were present with their families and are gathered at the old homo assisting in the celebration. Marries;- Licenses. Marriage licenses were issued yesterday to Henry Hoop and Ella Griftin, Ransom D. Boyden and Harriet Perrr, Thomas H. Powell and Sarah Volkert. Walter I. Smith and Emma Merer and Lake B. Morrises, and Lizzie M. Cosner.

SG.OOTm Cklrttff and Jirturnfti.OO Via Pennsylvania Line from Indlanapolia.

MONUMENTS CROWNING FIGURE.

Anxious (o Exhibit It at the World's FairMay Use tbe Piatfr ModeL A letter was received yesterday by President Langsdale. from the Chicago Bronze Company, in which permission was asked to make tbe bronze figure of Indiana for the monument a part of the company's exhibit at tbe world's fair. It was suggested that the statue would be a magnilicent evertisement of the State, and tbat the delay in erecting it npon the monument would be moro than compensated for. The company also offered to erect the plaster model, colored with patina, so as to resemble bronze, upon a pedestal forty or fifty feet high in front of the Indiana building, at its own expense, in retnrn for the favor asked. "The idea," said President Langsdale, "cannot be entertained for a moment. Indiana and Indianapolis want tbat statue in its pjace when the Grand Army encampment meets here. And then we want the monument completed so as to make Indianapolis a point of attraction for tbe great masses of visitors to the fair. Tho fame of this monument has spread through European art circles, and I anticipate thousands of foreisners will come to Indianapolis to see it. So we must have it completed. I have been thinkiig, however, of making a suggestion to tbe bronze company tbat it erect the plaster cast, as it proposes, in front of the Indiana building. Colored to appear as bronze, it would make a striking attraction to the Indiana building, and would distinguish it from all the other State buildings in an incomparable way. The building, which is already the, superior of any of the State baildings, would be still more aggrandized. And at tbe same time the sight of tho cast would make keener the desire of all art lovers to see tbe original, and tbat would bring tbem to Indianapolis. The bronze company would get about as much benefit from the advertisement as if it had tbe crowning piece itself on exhibition." FLOWER MISSION. Arabian Nights Entertainment to Be Given Next Week Miss Talbott and Mrs. Lawson. Indianapolis people will feel a peculiar interest in the performance of Miss Mae Talbott at the coming Flower Mission Arabian Nights Entertainment. She is the daughter of Mrs. Lida Hood Talbott, so well known here, ia preparing for the stage, and has won tbe highest praise for her danoing in Chicago and elsewhere. She will appear on Wednesday evening. Dec 7, at Tomlinson Hall. Mrs. Corinne Moore Lawson will open the entertainment on Tuesday evening, Dec. 6, with a song recital. Society is mach interested in her coming, as aside from her wonderful voice she is a woman of many graces, great beauty and a leader of social life in her home in Cincinnati. AMUSEMENTS. ORJ?D "DARTMOOR." The audienci that turned out at the Grand Opera-house last evening to witness the presentation of "Dartmoor" wasall too small for tbe merits of tbe performance. VDartmoor" is the story of Dick Venables, a convict wbo, in making his escape from prison, kills a warder. Concealing his identity, he eludes for a time the' vigilance of the authorities, bnt the toils slowly but surely tighten about him and in tbe end be dies from a pistol shot received while resisting arrest. The outlaw's wife is stanch and true, and through his varied vicissitudes gives a beautiful portrayal of wifely devotion and loyalty as described in books. The part of Lick Venables is personated by. Mr. J. 11. Gilmour. wbo has few equals in. this, particular line of dramatic work. Mn'Uilmour has the advantage of a' commanding presenceand his work is characterized by great strength and theraresfartistic excellence. Mrs. Lisle, tbe faithful wife, is presented by Miss Bettina Gerard, who in the dramatic in this character, has scored even a more decided success than that achieved by here in the comic opera line. The company is strong and well balanced throughout. There is not a weak place in it, and, with a strong play in the hands of a thoronghly capable company, tbe Interest is sustained lrom the first act nntil the curtain finally descends. "Dartmoor"' will be repeated this evening and to-morrow evening, with Wednesday matinee. ? 'PARK THEATER "UNCLE II I RAM." "Uncle Hiram," which was presented at the Park yesterday, drew large audiences, and was received with pronounced demonstrations of approbation. It is a play of tbe "Joshua Whitcomb" order, having principally to do with the adventures of a countryman, and a very smart one at that, in New York city. He gets into all sorts of scrapes, and gets c&t of them in good style, and altogether has a very brisk and amusing experience. There is a story of crime and adventure connected with it all. and in the development of this two very striking and realistio stage effects are introduced. One of these is a saw-mill, doing business in a very natural way, in which the old man is fastened to the sawcarriage, but sets off all right without being divided into two equal parts, and the other is a railroad scene, 4n which a train, that appears to be "real" enough to be really so, dashes across tbe stage, backs up. and does various other things. Both of these were cheered yesterday. Mr. Woodbull gives a natural impersonation of tbe "old jay." and makes much fnn out of the part, Troja Griswold, a lively soubrette, with songs and dances, helps to make the performance a "go." "Uncle Hiram" evidently pleases tbe patrons of the Park. It will run all week, with matinees every day. T "pay train" at tiik empire. The "Pay Train," a realistic drama in which Miss Florence Bindley is starring, opened a week's engagement at the Empire yesterday afternoon. It is a play that ought to please. The comedy parts are in capable hands and there is enough of the far-western-miner's camp atmosphere about it to delight those wbo like to revel in the midst of exciting scenes. In the third act is' a realistic train scene that makes the bair stand up and the gallery appland vociferously. Miss Bindley is not only a clever little actress but she sings and dances very well, and is pretty. Some really new aud catchy song are introduced, which is a blessing these days that ought to be appreciated. The plot of the play is not particularly original, but it is a plot and works out in a manner highly satisfactory to the audience. Tbe "Pay Train" will be repeated every afternoon and evening throughout the week. , - notes. Bartley Campbell's "Siberia" will be the attraction at tbe Grand tbe latter part of this week. This is the eleventh year of this drama, and the fact that it has retained its hold upon the favor of the public shows most conclusively that it must appeal very powerfully to the sympathy of the theater-goers. Omene, tbe Turkish dancer who has been making something of a sensation in the East, is tbe chief attraction of Leavitt's Eentz-Santley Company, which is to give performances at English's next Saturday afternoon aud evening. The new burlesque. "America, or the Discovery of Columbus,11 is another feature. And Still Thay Are "Closed." Saturday night Andy Campbell, colored and a man named Hogan, were the participants in a saloon light in Linden's saloon, on Clittord avenue. Upon the affidavit of patrolman Caldwell, a warrant was issued for their urrestand Campbell was corralled i and sent to tne police station last night by oilioers Keliey and Crannan. , ' Had Trouble with Ilia Wlfn. George W. Laird was arrested, last night, by patrolmen Kelly and Cranuan, charged with assault and battery npon his wife. Laird says that he found his wife in the office of one John W. Baird. and that when he entered the otlice Mr. Baird ordered bim out. Laird says he did not not strike his wife as charged by her.

'When in the course of human events it becomes necessary to recom. mend some brand of Smoking Tobacco, we unhesitatingly pronounce

BlackwelPs Bull Durham Smoking Tobacco to be the best in the world. Many times imitated, but never equalled. Get the genuine. Made only by BlackwelPs Durham Tobacco Co.f Durham, N. C

Dean Bras.' Steam Pump iftforlts

INDIANAPOLIS,. IND.

DUPLEX PUMP.

.rrsA. PUVPIN3 MACHINERY

8EN0 FOR CATALOGUE AND FR1CES. '

PURE TOBACCO AND NO FLAVTOBL JNO. RAUCH, MFR.

AVOID

COFKF, OR TEA iHKftT AND COCA

IF YOU HAVE A BILIOUS

Is a. most delicious subetltute, not only a stimulant but a nourlsher . and Hlsrhly Digostible.

C1TI. SEWS NOTES. Tbe Plymouth Church lecture by 11 Perkins bad to be postponed. He passed through to tit. Louis, giving a later date. The Indiana Farmers' Saving and Loan Association, of Fort Wayne, tra Incorporated yesterday with a capital stock of $1,000,000. Frank Pnrcell, a Panhandle switchman, bad bis right foot crushed last night while switching in the Leota-street yards. He was removed to St. Vincent's Hospital. William Selking, proprietor of a saloon on Sooth Hevr Jersey street, says that tho Journal was misinformed as to tho fact of Jacob JSchafler tending bar at his place. Samnel Bell, formerly a railroad man liring in this city, died, Sunday, at Little Hock. Ark., where he bad been for two years. He has a sister who lires at Bainbridge. Detectives Kinney and Richards last night arrested Otto Swisher npon a warrant sworn ont. by Fred Sohaub charging bim with having drawn and threatened to use a knife npon him (Schaab). Ed Williams was arrested last night by 6rgeant Laporte for selling obscene literature. He bad several packages of pictures of a very indecent kind, which he gave away to every person who purchased a piece of string of him for the sum of 25 cents. The pictures are also on sale at two book stores in the city nnder the name of Parisian packages. Hon. W. P. Fisbback will deliver -a tray el talk to tbe members of .the Young Men's Christian Association and their friends at the association building, this evening, at 8 o'clock. Mr. Fishback's ability as an orator is too well-known to need any words of commendation. Admission to young men is free, and tickets may be had by calling at the secretary's desk. Charles George has been making a livelihood by stocking baskets with cold lunch, and sending men out with them for sale to "night-owls." Ira Wilson, one of tbe men so employed, did a thriving business for a while, selling lunch in the various earn bling-rooms. Dut with the gamblers business went Wilson's trade, and now Mr. George says tbat he has "turned up missing," and George is oat 10 worth of lunches. Says It Was a Malicious Jest Saturday evening the Journal received a communication bearing the signature of D. A. Miseettoe, containing this statement: "Mr. Robert Nagel and Miss May Ayers were auietly married at the Olive-street Presbyterian Chnrch, at 80 Saturday evening. Their future home will be near tho National Cord Company's plant, where the groom has prepared and furnished nicely a model home." This was published as an item of news, but last evening a young man appeared at the Journal othce with this statement, signed by Robert A. Nagel: "The item in yesterday's Journal announcing the marriage of Robert Nagel and Miss May Ayers is tlatly contradicted by tbat gentleman, who states tbat it is the malicious and ignorant jest of some unknown person." Stole Ills Sweetheart's Slater's Watch. John Barber, colored, was arrested yeterday afternoon, by detectives Thornton and James, npon a warrant sworn out by Lena Shields, charging him with grand larceny. Barber, who hss served seVeral terms in' the penitentiary, was playing the role of eweetheart to a sister of the girl' making the affidavit, and while at the bouse stole a gold watch valued at $45. McGinty Sold fur 84,000. McGinty, the two-year-old wonder, with a record of 2:15, was sold yesterday by Dr. T. L. Armstrong, secretary of the Indianapolis Horse Kzehange. to H. Y. Ilawes, of Johnstown, Pa., the price being glOCQ. The colt, which is by Delineator. 2:18, was raised by Pat Dickerson. and was owned, at the time of the sale, by U. W. Clemens. Dropped Dead. Erasmus Wolf, aged sixty-four years, dropped dead from heart diseaso last nisbt at his home. No. 244 West Washington treet. Up to three weeks ago Wolf bad been employed at the Parry works, on onth Illinois street, but had quit on account of his health. He leaves a wife and four grown children. Hugging- Women on the Street. C. A, Barton complained at police headquarters, last night, ot a colored man who. be said, hung around in the vicinity of New York and Illinois streets during tho earlr part of the evening and amused himself by hugging women who wero alone upon the streets. The man, he said, wore a long, dark overcoat. Held Up mud Itobhed. William Kosebroclr, residing at No. 120 Davidson street, reported to the police last nisbt that his sixteen-year-old son Arthur, while returning from work yesterday evening, was held np by a colored man, on Kailroad, between Market and Ohio streets, and robbed of 3.15. Thy the Kniehts Will .Move Headquarter. .Piin.ADiariiiA, Nov. 2S. General Secretary Hayes, of the Knights of Labor, said to a reporter last evening, in regard to the

DURHAtl

.-

.'are s -fr- 1 i

MOKE

OR NERVOUS TEMPERAMENT PARTH EftTGKATEFUL COMFORTING. EPPS'S G0C0A BREAKFAST SUPPER, Ty thorongU knoirlelo of the natural lavs which go vera the opera dons ot dictation and nutritiou, and by a careful application ot the lino properties of vrell-s'lectel Cooua. Mr. Epps has prorideil our breakfast tables with a delicately flavored heveraf? which mar sat us man y heavy doctors' bills. It Is by the Judicious ti.se ot such articles of diet that a confutation nny be jrradaaliy built up nntil stronjr enough to resist erery ten rienry to difteade. Hundreds of aubtl maladies ar floating around us ready to attack wh-rerer there Is a weak point. We may e wape many a faUl shaft by keepinjr outscItor well fortined with par tlod ana a properly nourished frame "Civil service Gaxettn, M ad simply with boilinjr water or milk. Sold only In half-pound tins, by fxoct-rn, UbelM thus: JAMES EPPS & Co.. Homoepathio Chemists, London, England. C. E. KREGELO & WlUTSEH FUNERAL DIRECTORS, 125 North Delaware St. Freo Ambulance. TeL 504. DIED. FINK Henry, at 8 p. m . Nov. 2H. 192. at his resi.lenco. near Tuxedo Park, a (red seventy year. Funeral at 10:30 a. m , Wednesday, Nov. 30. Friends invited. yTQra?ls1IiL:jiT?? WANTEi) COME AND SKK WHAT I PAY for Gas-Trust stock. NEWTON TODD. 7 la. palls B ock. VT AN TKI A l'EUSON TO BUY TUB ExS f elusive risht for State or county of a new patent article uaed in every family, sell reatiilv; canraanera make $15 per day easily, investigate tLi. Address II II. M.. care of this otflco. f ANTED FIHSTCLASS SOLICITORS TO V investigate our new offer. It H th most liberal offer ever made on a a article bound to hare a ready sale. We deliver f 37 worth of gvXhU on piyrncnt ct fl down nnd pay full e uuui.sion on delivery. Call at Room 1, News Building, te.'ond floor. WANTED IMMEDIATELY. A STEADY art ire man a local seent for "The Manufacture era of tho I'nited States Iteferenca llonk." one ao qnainted with manufacturers and who canfrnl!i good referenced, can find a ptrmaueut and protiUW jtowltion. Adrtrea iiox A. it.. Kant Liverpool. O. FOR SALE-REAL ESTATE. X ton stretSiear Commercial; lot 115 feet front, :1SI t : deep; must soli; make otter qui k. GEO. W. PAN tt HORN & CO.. U4 Kwat Market street. 1?OH HALE ST. MARY'S KTRLET, NEAU Delaware. 9-room house and barn; nood repair; south front; brick utreef. paid; lot worth j'S.mxv Will trade for cither property or im-11 for $..KK). Uo. W. PA SUBORN' 6i CO.. 9-1 East Market streeL FOR SALE- MjSCEIXAMffCSL FOR SALE WE M AN SQUARE HUHINESS. All bnien, mirrey.'S phaeton marked in plain liirures and will allow one third off before Dec. 1 lis South Pennylrania t, A XNO UNCEM EXTS. 4 2f NOUNCEM ENT MRS. M. . k. North Illinois street, treats all divane with magnetic shields. Insoles, regular f iot warmers. VNNOUNCEMENT FOR '27t YOU OAK buy a beautiful liox of writ inert- per and enrel open for your sweetheart. ALLISON, b(J NorUi Pennsylvania streri, Indlanapoll. yoTicn. XTOTICE FOR 23 CENTS I WILL SEND YOU X twenty-five beaatl ul Christina Cards, or for same amount will send twenty nicer and larger ona. JOHN A. ALLISON, 6G North Pennsylvania st, Indianapolis. jmrtKENjr F OR RENT 7-ROOM II USE AND BATHroom, with all modern tnprovemenu. 4S Wed St. Joe street; $15 per month. A. 3d. ROBERTSON, 480 North Meri lan street. - FINANCIAL, L0AN8 MONEY ON MORTGAGE a JP 8AYLES. 75 East Market street. MCKAY. Room 11. Talbott k New's Block. SIX PER CENT. ON CITY PROPERTY itf IndLwia. ISAAC IL KIEUTTEU, ll Martla. dale Block. MONEY TO LOAN OX MOBTd AU ES TERM rc-isonabla. At Thorpe's Block. East Market ttrect, MCUILLIARD A DARK. LOANS SUMS OF HJ TO fiO l.OOJi. City property and farm . C E. COFFIN fc CO.. 1'J Market srrwt ONEY TO LOAN ON FARM AT Tils; LOW. est market ratr, privlletre for piymrnt befurs du. We also bay muuicip-il boa t v VllDlCKlV CO.. 7a East Market street. IndUnayoUs. rrOlAAN-MONEY IN ANY AMOUNTS DKA sirrvi. t;an acconinvamo you Minn ay you ap. ply. Privttpo of prepuvuient. Ctrorfari or add res V. OORsCCH. IT VinrtnUn t.f 'l Millie iHi veime. IIUILDINO AND LP .N ASSOCIATIONS. S AVI NO AND LOAN THE ETNA SAVING an. I Loan A asocial ion h-v mancy bi loan. N commission. Oilice. tS J East Marke t street. proposed sale of tbe order's baildinffin this city tbat it was ordrrc-l by tbe Ueneral Assembly for the purpuso of Catherine together all tbe industrial organizations of tbe country under one roof as rapidly aa terms could be made with them. When asked vvby it could not be done cere, be be said: "For the reason that we are subject to decisions such as was r?cntly rendered by Chlef.justice l'axson. in tbe Homestead cas-s. Our idea was to either get on to tbe Canadian line at Niagara f all or nnder tbe wing if the Natioual Capitol at Washington to avoid just sacb deoiaiJ-a,"