Indianapolis Journal, Indianapolis, Marion County, 20 September 1894 — Page 3

THE IKDIANAPOLIS JOURNAL, THURSDAY, SEPTEMBER 20, 1894.

O

TUB NEW YORK STORE

Established ISSJ.

Larger d Larger Larger Grows the throng that's coming our way. The twofold power of the FAMOUS MONTANA Solid Silver Statue

AND

OUR SOLID SILVER SALE Seem Irresistible, This is a week of weeks here.

GLOVES A glove chanco such as seldom offers itself; so you had better take adVantage of it now. Four-button and five-hook Gloves, a fine soft kid, every pair carefully selected, and only $1 a pair the new shades, of course. The "Patent Thumb," a perfect fitting glove, correct seams, points, tacks and weitsj Glace, $1.50; Suede, $1.35. White Gloves, in 4-button Mousqnetaire, a complete lino at $1 a pair. FRONT BARGAIN TABLE A big lot of Chamois Skins, just a triflo soiled, and ju3t a trifle of 'the regular price. Usually they sell for PERSONAL AND SOCIETY. Mr. Clem Stulebaker, of South Bend, was In the city yesrsrday. . J. E. McCulIoush is able to be out asain after a severe illness. Mr. J. M. Bail, of Zlcmsville, is the guest of his daughter, Miss May Ball. Miss Minnie Stott will leave to-day for Newton, 111., to spend the winter. Tyra L. llanna, of Crawfordsvllle, Is a guest of William Traub and family. Miss Avis CocTove, of Warsaw, is the guest of Miss Moore, on Clifford avenue. Mrs. E. II. Evans and son will go to Rockport, 111., to-day to spend two months. Mrs. C. W. Jenkin3 13 the guest of Mrs. "W. W. Grant and family at Providence, It. I. Miss Botrert, of CPnton. Is the guest of Mrs. Claude Matthews on North Illinois street. Miss Ella Braffe. of Richmond, is the guest of friends kt No. 63 West First street. Mrs. Dick, of Chicago, formerly of this city, is the guest of friends on Michigan street. The Missea Byker, of Franklin, will come to-day to spend a short time with relatives. Miss Helen Shean, of Craw ford sville, Ind., Is the guest of Miss Alice Splann on Sullivan street. Mrs. W. P. Ilutton. and daughter Mary are the guests of Mrs. McWhinney on East Walnut street. Miss Daisy Ayler, of Marion, formerly of this city, is visiting Miss Cora Taylor on North Delaware street. Mrs. Mary Belle Durham and son Bue. of Waveland, are guests of her brother-in-law, J. P. Durham and family. Mr. Bollin M. Cooper, of Kokomo, Is visiting his sister. Mrs. John W. Kern, on North Pennsylvania street. H. E. and Mrs. Henderson and W. F. and Mrs. Fouche, of Kokomo, are guests of J. O. and Mrs. Henderson. , Mr. James M. Batterton. of New York, is visiting Ir. and Mrs. 'Louis G. Deschler an North i ennsylvania street. Mr. W. K. Prudden, of Lansing. Mich., is visiting his mother, Mrs. James B. Black, on North Pennsylvania street. Mr. John C. Canine and wire, Mr. Charles Scott and wife and Mr. George E. Harrna and wife, of Waveland, are in the city. Mrs. Hesse and daughter Jennie will go to Lafayette to-day to visit the former's daughter, Mrs. Emma Clark and family. Mrs. W. II. Huston, Mr. and Mrs. Rich and Mrs. Cruli, of Iewfsville, are the gtfests of Mrs. Frank Jennings this week. Mrs. Ketterintr, of Chicago, has returned to her home in Chicago aftr being the guest of Mrs. T. A. .ilendric for a few days. Mrs. G. B. Shawfcan, of Mobile, who has been the guest of Mr. L. P. Goode's family, left yesterday for her home in the South. Mrs. John Lee will go to Stockwell today with her mother, Mrs. Osborn, who has been visiting her for the past three weeks. Mr. and Mrs. Bender and eon Charles, who have been the guests of Mr. and Mrs. Lynn Stone on North Illinois street, have returned home. Mrs. James B. CurtU and Mrs. II. H. Howland rrlU return Saturday from Morliatown, N. J., where they have been spending the summer. Mrs. Henry Schurmann entertained a few friends at luncheon yesterday In honor of ilrs. Sells, of St. Louis, who Is visiting her sister. Mrs. A. M. Robertson. Mr. and Mrs. Lon Scott and son, of Ilagerstown, are visiting Mrs. F. G. Newcom and family on North Meridian street Mrs. Newcom is the daughter of Mr. and Mrs. Scott. Mr. Addison Bybee has gone to Chicago for a few days. Mrs. Bybee and family will return from thir Eastern visit early in October and will be at the Denison this winter. Mr. and Mrs. M. M. Powell have Issued invitations for the marriage of their daughter Grace and Mr. Oscar Welbron French, to occur Wednesday, Oct. 3. at the family residence. No. 601 East Michigan street. Mrs. Robert Emmett, of Kansas City, but formerly of this city, who came to this city Monday to attend the funeral of her sister-in-law, formerly Miss Margaret OlTey, of this city, will return home to-day. Mr. Herbert S. McNeely and Miss May M. Potts, daughter of Mrs. F. S. Potts, were married last evening, at No. 18 Hall Place by the Rev. George Cochran, of Hall-place M. E. Church. Owing to the illness of the bridegroom, only the Immediate relatives witnessed the ceremony. Mr. Albert Z. Foster, of Terre HautP. fcs Issued invitations for the marriage of his. u.iusuiei, r ranees ocoii roster, ana Mr.! Arba T. Perry, of this city, to take place' Wednesday. Oct. 3. at the First Presbyterian Church at Terre Haute. At home cards are for Wednesdays 7th and Hth after 4 o'clock, at No. 883 North Pennsylvania street. Thomas Neilen and Miss Bridget McManamon were married at 9 o'clock yesterday mornins at St. John's Church. Rev. rather eber performing the ceremony. J.L.S Nora Gaujjhan officiated as brldesma''V ,Art?r the ceremony the newlywedded couple were given a wedding breakfast at the home of the bride. No. 109 S!i!i.rc?Lf tretr. Immediately afterward they lft for Cincinnati to enjoy a brief honeymoon before settling down to housekeeping. The groom Is a deputy in the employ of Sheriff Emmett. Among those who attended the wedding from abroad were: John F. Duerr and John F. Neilen and son. of Hamilton. O.; Mr. and Mrs. Tti I1' iM.UrrkTi. Mrs- 'rgaret Burke and Michael McGlinn. of Kokomo. Mrs. William B. Burford and daughter entertained about one hundred young people last evening with a reception and dance In honor of their guests. Misses Annie and Susie Hayward. of Pana, 111., and Miss Mary Thompson, of Edinburg. The company was received in the long drawing room, which was adorned with American Beauty roses. Mrs. and Miss Burford. the three guests and Miss Juliette Bryan making the party to welcome the friends. The other rooms of the house were embellished with La France rosea in profusion, and In these Miss Nellie Richards. Miss Blanche Aibertson, Miss Laura Bryan. Hugh Bryan and Robert McOuat assisted In entertaining. The reception was from 7 to 9 o'clock, and waa followed bv dancing in the dancing hail on the third floor. This was handsomely decorated with palms and ferns. To the music of an orchestra ' the young people en lover; II the latest dance J of the seasnn. Refreshments were served In the fish room, a room which is unique .a its decorations with fish net curtails, fish chandelier and other like adornment. The flowers ued in this room were white asters. Mrs. Burford and Miss Bryan presided in this room. FULLER-FOSTER. A very pretty wedding took place yesUrday a: noon at the new home of Mr.

THE NEW YORK STORE

Established ISSJ. . 25c, 50c and 75c, but these are only 10c, 15c, 25c. Don't miss them! BOOKS Second Floor. It's a big jump from Chamois Skins to Books, but the books are also a little damaged "smoked books" from a big fire. We bought 15,000 volumes a week or so ago, and we only have 4,000 volumes left. No wonder! Some are Gc or five for 25c Others are 9c or 3 for 25c, and they are all nicely hound in cloth and only slightly smoked. Then there are some Children's Books at 7c, 12c and 15c Look them over, sure! PettisDryGoodsCo and Mrs. Robert M. Foster on North Delaware street. A number of relatives and friend3 witnessed the ceremony pronounced by Rev. M. L. Haines uniting Miss Alice S. Foster, the eldest daughter of Mr. and Mrs. Foster, and Mr. Edward Fuller, of New York. The bridal party descended the stairs to the music of the Lohengrin wedding march, played by an orchestra, and took their places in the broad hall. They stood before a mantel which was elaborately decorated with palms, ferns and asparagus vims and white roses. The attendants were Miss Anna May Coe and Miss Jeannette Foster, sister of the bride, and the best man was Mr. John D. Armstrong, of Buffalo, N. Y. The bride wore a beautiful gown of white crepe trimmed with Irish point lace. She carried a bunch of Bride roses, and her lace was caught by two solitaire diamond pins, the gift of the groom. Miss Foster wore a cream white China silk, and Miss Coe a light blue. silk, and each carried bouquets of Mermet roses. The groom's gift to the bridesmaids were diamond rings and to the best man a diamond pin. During the ceremony the orchestra played softly the "Angel's Serenade." After the marriage the company sat down to breakfast. The bride's table was in green and white and was strewn with white roses. The guests at the bride's table were the bridal party, Miss Alice Somervllle, Mr. Ray Foster, Mr. and Mrs. Foster, Rev. M. L. Haines and Mrs. V. K. Hendricks. Mrs. Foster was assisted in entertaining the guests by Mrs. Adelbert Benson, Mrs. Wallace Donnan and Mrs. R. P. Craft. The only guests from away were Mr. and Mrs. Henry Smith, of Knlghtstown, uncle and aunt of the bride. WHITE HALEY. A wedding, with the Friends ceremony, took place last evening at the residence of Mr. and Mrs. A. N. Hadley. No. C92 Ash street. The bride is their eldest daughter, Miss Elsie Hadley. and the groom Mr. Frank White, a State Senator in North Dakota. The friends who were Invited to the weddinsr were received in the parlors by Mr. and Mrs. Hadley and the bride and groom elect. At the appointed hour, 6:30, Prof. Joseph Moore, of Earlhani College, announced to the company the object of the gathering, and then the bride and groom pronounced the words of the ceremony used among the Friends. It Is a simple form, and at its conclusion the guests extended their congratulations. The bride wore a handsome gown of white satin and lace. The house was tastefully decorated with palms and flowers for the event. The ceremony was followed by the serving of a supper. Mr. and Mrs. White left last night for Chicago, and from there will go to Valley City, N. D., to reside. Among the guests at the wedding were Mr. and Mrs. M. L. Wheeler, of Chicago; Mr. and Mrs. E. J. White, Mr. C. F. White, of Chicago; Mr. and Mrs. J. D. White, of Stlllman Valley. 111.: Mr. and Mrs. E. W. Brown, of Rockford, 111.; Mrs. George Morrow, of Morrow. O.; Mrs. Mary N. Hadley. of Wilmington, O., grandmother of the bride: Mr. and Mrs. Henry Roberts, of Richmond; Mrs. H. H. Hill, of Kansas City, and Mrs. A. E. Wildman. of SelSEYMOUR WEDDINGS. Special to the Indianapolis Journal. SEYMOUR, Ind., Sept. 19. Last night Judge Ralph Applewhite, of Brownstown, and Mrs. Nancy Mead were united in marriage at the residence of the bride In this city, Rev. Thomas Jones officiating. Both are prominent ii this county. They left on a late train for Indianapolis, where they will spend their honeymoon. This evening Mr. Frank Scott, of Washington and Miss Glenn McClure were united in marriage at the residence of C. W. Milhouse In this City. Rev. J. H. Doddridge officiating. The couple will make Washington their home. BARTLETT PLATT. NEW YORK, Sept 19. Justice of the Court of Appeals Edward T. Bartlett, who defeated Isaac H. Maynard last fall, wa-s married to-day at the home of the bride's mother in this city, to Miss Annie Piatt. The bride is the daughter of the late banker William H. Piatt and a granddaughter of Nathan C. Piatt, formerly city chamberlain. The couple will spend their honeymoon in the Adirondacks. MILLER KIBLINGER. Special to the Indianapolis Journal. GOSHEN, Ind.. Sept. 19. The marriage of Joel H. Miller, of Waterford, and Miss Rosetta Kiblinger, of this city, took place here to-night. AMUSE3IENTS. The Theaters Are All Doing a Blip Business This Week. Several hundred people -were turned away from the Grand last night, unable to secure seats. The rush to see "Blue Jeans" Is great as ever. There will be a matinee this afternoon at popular prices, and another on Saturday. "A Ride for Life" was witnessed by two enthusiastic audiences at English's yesterday, who gave every evidence of appreciating the beautiful scenery and exciting incidents of the melodrama. It is an elaborate production, and will be seen again to-night and the rest of the week, with a matinee Saturday. The Park was crowded yesterday. "Cell 22" will be seen for the last times this afternoon and to-night. The Neuvilles will put on "The Boy, Tramp" to-morrow. "A Back Number," Willie Collier's new comedy, comes to the Grand next Monday night for half a week. It Is by Edward E. Kidder, author of "Peaceful Valley." Empire Theater. The popular Reilly & Woods big show Is announced to appear at the Empire next week In the new version of "Hades Up to Date," Introducing a strong company, numbering thirty-live well-tried artists In all lines of the vaudeville business. A specialty bill will also be presented. The scenery carried by this company is expensive. Matinees of the "World" are being given every day this week. Indiana State Photographers. The Indiana State Association of Photographers was organized at the Grand Hotel yesterday morning, with an attendance of fifteen or more photographers. New Albany, Terre Haute. Vincennes, Warsaw, Marlon, Bloomlngton and other towns of the State were represented, at the meeting. Messrs. Iarimer of Marlon. De Voss of Warsaw, Shores of Vincennes, Wllhite of Bloomlngton. and Holloway of Terre Haute, were appointed a committee to prepare a constitution. The following officers were elected: President Adam Helmberger, of New Albany. Secretary E. E. Shores, of Vincennes. The Vehicle Wheel Washing Machine Is attracting much attention at the fairdon't fall to see it.

A YOUNG WIFE'S SUIT

MRS. ELIZABETH CLAYPOOL LI 3D Ell SEEKS A DIVORCE. A Couple Well Known In Society Circles Makes Serious Charges Acalmt Her Husband. In Room L Superior Court, Elizabeth C. LInder yesterday began an action for absolute divorce from William Linder. The complaint was framed and filed by attorneys Kealing & Hugg and Lewis C. Walker, who will represent Mrs. Linder in the suit for a separation from her husband. Both parties to the action are well known socially in this city, the plaintiff being the daughter of Solomon Claypool, one of the oldest of Indianapolis attorneys. The defendant is bookkeeper and member of the Arm of Baldwin. Miller & Co., wholesale lewelers at Xo. 17 South Meridian street Mrs. LInder Is but twenty-one years, while her husband is two years her senior. Since the marriage of the couple on April 27. 1892, they have occupied a cottage at No. 1012 North Illinois street. From the burden of the complaint filed by Mrs. LInder's attorneys it appears that her domestic unhappiness began a few days after she become the wife of the defendant. The accusations made by the young wife portray a sorrowful story of domestic misery. The charge is .nade by Mrs. Linder that she has been the victim of cruel and inhuman treatment since the beginning of her married life. Mr. Linder Is boldly accused of having grossly neglected his marriage vows, and his name is coupled with that of Lulu Ward, the keeper of a resort at No. West Pearl street. On the night of Aug. 22, the complaint avers, he was arrested at the home of the Ward woman and sent to the police station. He was able to furnish bond for his appearance in the Police Court, and Immediately after his release, it is charged, he returned to the house where he had been arrested and remained there during the night. The complaint is made that for a year the defendant repeatedly violated his marital vows, but the plaintiff shows that she was unaware of his habits until recently. When she reproached him for his conduct she says he boasted of his relations with other women before her marriage to him, and on one occasion when she remonstrated with him ha struck her with his hand. Mrs. Linder avers that for a long period her husband has been spending money lavishly upon women of the town and while she, at his urgent request, exercised the greatest economy. The statement is made that the conduct of the defendant toward his wife was in the main cruel and coarse. At times he spoke and wrote to her expressions of love and affection, but these periods were rare, it is claimed. From time to time he made promises of reformation, and the plaintiff, hoping that he might change his life and attitude toward her, and loathing divorcement, shows that she continued to live with him until she was convinced that a betterment of her condition was hopeless. The charge of intoxication Is also brought against the defendant. While on their wedding tour, Mrs. Linder alleges, her husband twice came home in a state of Intoxication. On one of these occasions, shortly after their marriage, he informed her, she claims, that tils former life had been of a loose character and expressed regret that he had married. At another time, when he was reproached by his wife, she says he remarked: "If you don't like It you know the remedy," meaning to say: "If you don't like it you can separate and get a divorce." In her application for divorce Mrs. LInder makes no stipulation as to the amount of alimony demanded, but asks for a reasonable settlement. The couple have no children. .... Mr. LInder bears a good reputation m business circles and is popular among those who know him. At the time he reached his majority he Is said to have inherited $SO,000. of which legacy he had received no previous intimation, his parents desiring to thoroughly teach him the lesson of self-dependence. His friends deny that he has been guilty of the vicious habits attributed to him and openly charge that he was made the victim of a private detective, who trailed him constantly and returned exaggerated reports to the femily of his wife. Rev. Joseph R. Jenckes, stepfather of William Linder, was seen at his home last nighr and told of the suit for divorce filed against his son. He said: "We have been expecting such an action but have nothing to say about It. We do not care to fight the case In the newspapers. When the case comes to trial attorneys McCullough and Spaan will look after our interests." Rohb Taken to Lebanon. Charles Robb was taken to Lebanon yesterday morning by Deputy Sheriff Callahan, where he will be tried for the murder of Ell Wilson. TIIC COURT RECORD. Supreme Court. 1CST7. Bennett et al. vs. Closson. Cass C. C. Affirmed. Howard, J. A motion for a new trial as of right on the cross-complaint of a party was properly overruled, since a new trial can be granted only as to the whole case, when the Issues on the crosscomplaint cannot be separated from the other issues in the case and be fairly determined without prejudice to the rights of the parties. 2. If two or more substantive causes of action proceed to Judgment In the same case, whether properly or Improperly Joined, if one of them would entitle the losing party to a new trial and the other would not, then that cause in rhlch a new trial of right would not be allowed will prevail and a new trial will not be granted. 1C834. Mayer vs. Haggerty. Vlgo-C. C. Affirmed. Dailey, J.The time within which an appeal must be taken begins to run from the date of the (rendition of the Judgment, and not from the date of its entry by the clerk in the order book. 2. After a decree has been entered no further questions can come before the court, except such as are necessary to be determined in carrying it into effect. 3. The conveyance of a married man's land by a register in bankruptcy to the assignee is such a sale as vests the title to one-third in the wife and gives her the right to partition at once. 171G3. Indiana Improvement Company vs. Wagner et al. Steuben C. C. Affirmed. McCabe. J. Error in admitting evidence should be a ground for a new trial, and if not specified in the motion therefor it will be considered waived. 2. In a proceeding to Incorporate a town affidavits to prove the correctness of the facts stated in the petition, etc., were competent in the Circuit Court to establish prima facie the facts therein verified before the board of commissioners under the statute. 14712. Robinson vs. State. Clark C. C. Affirmed. Hackney, J.The verdict will not be disturbed on the evidence. 17332. Williamson vs. State ex rel. Swarts. DeKalb C. C. Affirmed. Coffey, J.The verdict cannot be disturbed on the evidence. Appellate Court. 1014. Pennsylvania Company vs. Hixon. Greene C. C. Reversed. Relnhard, J. One who leaps from a moving train after it has passed the proper station, all of which he is apprised, he is guilty of negligence. 11S3. Dick et al. vs. Dumbauld. Huntington C. C. Affirmed. Gavin. J.Payment of a Judgment by part of the makers of the note sued on, which was for a less amount than the allowance of a claim Thereon against estate of another maker, satisfies the entire claim. 1157. Morrow vs. Sweeney. Howard C. C. Affirmed. Ross, J. Where the public uses a way across a lot the owner thereof, unless a highway by user is vacated, may forbid further use and fence his property, but he must not do so in a manner calculated to injure those who attempt to continue its use without knowledge of his revocation of the existing privilege or that a barrier had been erected. 1161. Hubbard vs. Berry. Hendricks C. C. Reversed. Davis, J.The evidence does not sustain the verdict. 1322. -Clear Creek Township vs. Retger. Huntington C. C. Cause reinstated. Superior Court. Room 1 James M. Winters, Judge. Ida M. Robblns vs. Noah E. Robblns; divorce. Decree granted plaintiff. Room 2 J. W, Harper, Judge. Louisa J. Dory vs. William J. Dory: divorce. Decree granted plaintiff, together with custody of two minor children. Samuel Lalng vs. Hugh Campbell; mechanic's lien. Cause dismissed and costs paid. Joseph K. Sharpe vs. Jospeh K. Sharpe. Jr.: "mechanic's lien. Cause 'dismissed at plaintiff's cost. Isaac N. Ballard vs. Francis M. Whitehead et al. : mechanic's lien. Cause dismissed at plalnrufs cost. evr Suits Filed. Edward D. Mazelin vs. Isaac Hardin; partition. Superior Court, Room 3. Indianapolis Brewing Company vs. The

State Board of Agriculture. Superior Court, Room 1. Suit for injunction. George H. Black vs. The Indianapolis Water Company; suit on account. Circuit Court. Elizabeth Linder vs. WilHam LInder; suit for divorce. Superior Court, Room 3. THE WESTERN WRITERS.

Meetiug: of the ExecutiTO Committee Mr. Fishback'a Coleridge Papers. The executive committee of the Western Association of Writers met, yesterday afternoon, at the Denison Hotel parlors. There was a large attendance and a very satisfactory meeting. The future policy of the association was mapped out and the location of the place of meeting for next year cwas considered, but not determined. A committee was appointed to Teport at the next meeting. A programme committee was appointed and provision is being made to have the next annual meeting better than any that has yet been held. There were present at the meeting: A. W. Butler president. Ida May Davis secretary. Will Cumback chairman of -executive committee, Dr. J. C. Rldpath, Hon. B. S. Parker, Hon. W. P. Fishback. Dr. Cunningham, G. S. Cottman, Mrs. Juliet V. Straus, Mrs. E. M. McCrea, J. C. Ochiltree, Judge T. B. Redding and Judge G. B. Cardwill. Among other business transacted the following resolution was adopted: "Resolved, By the executive committee of the W. A. W. that we recognize and appreciate the unusual ability, terse and elegant style, thorough literary method and great public interest and value of the articles recently published In the Indianapolis Sunday Journal under the title of 'Recollections of Lord Chief Justice Coleridge. by the Hon. W. P. Fishback. and that we respectfully and heartily request of Mr. Fishback the publication in book form of said articles. We believe that such publication Is demanded by the reading public as a genuine contribution to the truly Inspiring biographical literature of our times." MRS. M'DONALD'S CASE AnouMEXT on nnn appeal heard BY THE SUPREME COURT. Evidence of Secretary Caldwell nil to the Signature of the Famous Will Reviewed. The McDonald will caso was argued orally in the Supreme Court yesterday morning before less than a dozen spectators. A, C. Harris spoke for ithe appellant, Mrs. McDonald, and among other things eaid: "The great turning point In the case was as to whether forgery had. been committed. An Important witness concerning the signatures of iSenator McDonald was his private secretary Mr. Caldwell. He testified that the signature on. the probated, will was a forgery because the fetters in the name McDonald were connected. When we produced checks and a note bearing Senator McDonald's signature, Caldwell admitted that they were genuine. One of these signatures was written connectedly. Then I asked Caldwell if, with his present knowledge, he believed that the genuine signature of Mr. McDonald was sometimes written with the letters connected. He answered yes and the Court ruled the reply from the record. Tliis testimony of Caldwell was the most potent. "Another Important error was mad- In reference to the evidence cf John M. .Ht.tier, for many years Senator McDonald's law partner. Attorneys for the plaintiff sought to introduce evidence from Mr. Butler concerning two conversations he had held with Mrs. McDonald, one before and the other after her husband's death. The testimony of Mr. Butler was out of place because proof of a lost will had not been established. And he had no right to state on the witness stand what Mrs. McDonald had said to him confidentially in his capacity as a lawyer. We claimed that the talks were privileged conversations. The court ruled that he would first hear the evidence of Mr. Butler in order to decide what portions of the conversations were privileged. There never : was a more flagrant violation of the rules of evidence in any court. What protection is any client to have If a court like that in Hamilton county will permit the confidences between lawyer and client to be made public?" Ferd Winter followed Mr. Harris In an argument for the appellees during which he said the latters brief was full of the vmo3t slanderous charges against the trial court. These , Mr. Winter denied In toto saying there never was a fairer trial granted than that which Judge Stephens held In this will case. "As for the charge that our case was based upon inconsistent grounds, forgery and over-persuasion," continued Mr. Winter, "there is nothing In the. Indiana law which compels a will case to be based upon consistent allegations. A special statute provides thus. The statute allows some advantages to Hhe injured party. Suppose a plaintiff were reouired to know in advance precisely the evidence that would be given in a case, and suppose that he were compelled to base his case upon the single claim whtch the evidence would support, what a premium this would put upon fraud! Th law gives the plaintiff In a will case th right to name various grounds, although Inconsistent; and If any Is proven the case Is won." The argument was concluded before the expiration of the time prescribed for it by the court. AMPHITHEATER PACKED AGAIN. Apparently Xo End to the Popularity of Pompeii. Last night was Odd Fellows night at the "Last'Days of Pompeii," and the amphitheater was crowded. All the seats were taken and the crowd was estimated at about seven thousand. The programme was the same as has been given on each night, with the special features of the fireworks displaying the emblems of the Odd Fellows' order. These special features were produced with the artistic effect that has all along characterized the production and were received with appreciation. Most of the visitors seemed to be from out of the city. This fact was taken by the management as showing the interest felt in the production throughout the State, and as an evidence that the attendance during the remainder of the week may be expected to be equal to if not greater than that of last night. The cheap rate3 given on the railroads, with the extensive advertising that has been given the production and the State fair, are serving to bring good crowds. The street car service was again all that could be expected, and the crowds that poured forth from the grounds after the performance was closed were carried away without inconvenience. All of the cars coming down were well filled, and it took more than an hour to land all of the spectators at Washington street. To-night the Niagara Falls in fire will be reproduced. This is done at the urgent request of a number of citlrens. When this piece was given last wreek It was so highly appreciated that the management was urged, and consented, to reproduce it this week when the visitors to the fair from out of the city might have an opportunity to witness it. nut Two More Performances. There will be but two more performances of "Pompeii" at Lincoln Park, to-night and to-morrow night, and these will be the last opportunities citizens and visitors to the State fair will have of seeing this beautiful spectacle. The special attraction to-nIght,and the one that has proved to be the greatest of all In the previous presentations, will be "Niagara on Fire." a dazzling representation of Niagara Falls by a solid mass of flame, two hundred feet long, extending the entire length of the great stacre. This piece was given last Thursday night, when nearly ten thousand people cheered It. It is to be repeated to-night, although It la very expensive, for the benefit of visitors to the city who have not seen it. In addition to Niagara there will be other special designs in fireworks to-night, and the entire display will be greater than on -any previous nlgnt. Other special attractions are being arranged, and altogether Pompeii" will well repay attendance to-night. General Manager McLean, of the street-railway company, has agreed to have as many trains of electric cars at Lincoln Park after the performance as will be necessary to bring all the people away comfortably and quickly. The performance will be over at 10:15 p. m.. so there will be plenty of time for out-of-town people to catch the outgoing late trains. The special attraction for the last presentation of "Pompeii," to-morrow night, will be a mammoth portrait. In fireworks, of the most beautiful woman in Indianapolis, and whose name Is not yet announced, and there is great curiosity about it. The fireworks display to-morrow night, in addition to this, will be the greatest of the season. Reserved seats for the spectacle can b secured at the Big Four ticket ofliee, Washington and Meridian streets., down town, and In this way the crowding and confusion at the gate can be avoided.

JOINT DEBATES OFF

IIO.V. W. D. OWEN'S ILLNESS PRETEXTS HIS PARTICIPATION. Chairman Gowdy'a Letter to Chairman TagRnrl Lnrge Attendance at the 3Iarlon Club Reception. The illness of Hon. W. D. Owen, Republican candidate for Secretary of State, will make it necessary to abandon the appointments he had for a series of joint debates with the Democratic candidate for the same office. Chairman Gowdy, of the Republican State central committee, yesterday received the following letter from Mr. Owen, who Is at a sanitarium In Battle Creek, Mich.: "I wrote you that I would return to the campaign after a week's rest and treatment, but here more than a week, I realize to-day that I am unable to address a public meeting. "I have indulged a hope that the sacrifice of other appointments would enable me to gain the strength necessary to meet the special appointments in October, but I find myself, in bitter reluctance, compelled to ask you to cancel my engagements for the proposed joint discussions. "I beg you to believe that I am deeply sensitive of my disarrangement of your plans, and of my Inability to fully realize the service expected of me in the canvass." Chairman Gowdy seit a copy of the letter to Chairman Taggan', of the Democratic committee, last night, saying: "Under the circumstances we are compelled to withdraw the appointments for the proposed Joint debates during October between the gentlemen." Chairman Taggart was seen last night. after the receipt of Chairman Gowdy's let ter, and was asked for an expression. He said : "There was only one thing for me to do, and that was to accept the situation. If Mr. Owen is sick, and I have no doubt of that, of course he cannot be expected to appear in the joint debates. There are soma who are saying unkind things about his retirement from the contests, but I have no reapen to doubt his sincerity and unfortunate condition of health. But I'sald to Mr. Gowdy, in my reply, that while I regretted that anything had. occurred to disarrange our plans, I hoped that when Mr. Owen is well again and returns to the etump the debates may then occur as previously contemplated." MARIO CLUD RECEPTION". Twelve Hundred People Enjoy the Club's Hospitality. From 7:30 till U:30 o'clock last night the Marlon clubhouse on East Ohio street presented a scene of unusual activitj. It was the occasion of the club's reception. Extensive preparations had been made for the entertainment of the visitors during the evening, and they proved to have been well adapted for the purpose. Everything that could be done to provide for the comfort and pleasure of the guests was done. The perfection of the arrangements was in large part due to the efforts of Lee Rothschild and President Georg Elliott, who devoted their attention to seeing that there were no little rough edges to mar the pleasures of the evening. The entire clubhouse was thrown open ana the yard was well lighted and provided with rustic seats for those who preferred, the open air. In the side lawn was hung an arc light which lighted up the whole of the yard, side and back. As the visitor approached the door he was met by Edwin S. Boyd, secretary of the club, and members of the reception committee. His name was enrolled upon a register, and then he was introduced and forthwith put upon his ease. He was greeted with that hearty cordiality that left no doubt of the welcome and the whole affair was pervaded with an air of freedom and informality - that made one feel that he was in the house of his friends, and that the evening was his to do as he pleased. The reception committee Included the members of the entertainment committee of the club J. J. Hlggins, Lee Rothschild, W. . G. Lee md all the candidates who are members of the club. They moved about the club rooms and mingled with the crowds with an eye single to the enjoyment of tnelr guests, and how well they succeeded was evidenced by the crowded condition of the house during the entire evening. In the side arch, as one passes through the front parlor, was Montani's orchestra, which provided the music. Throughout the house potted plants and palms were artistically arranged to lend a freshness to things. In the rear room Al Moore presided over a large punch bowl, which was fillet! and refilled during the evening with refreshing claret punch. There was also on hand an Inexhaustible supply of cigars which were passed around. In addition to the music furnished by the orchestra there was a piano recital by Bert Short and a duet by Robert Oliver and Fred Campbell. There was also a violin solo by Ed Clem, who registered from Pekin, China. The Herculean Republican Club (colored) and Fourth and Thirteenth Ward Lincoln Leagues attended in a body, and representatives were present from each of the thirty-five Republican clubs In the city. During the evening 1.200 persons visited the clubhouse. There were a large number of Republicans from out of the cltv present also, among them Webster S. Richie, of Muncie: Judge L. J. Monks, of Winchester; Judge Jordan, of Martinsville; Major Ross, of Connersville: A. W. Lyon, of LIgonier; W. L. Haa of Wabash; A. J. Ralph, of Lenna; Charles Copeland, of Poseyville; James Whitaker, of Philadelphia, Ind.; W. J. Allen, of Bloomlngton; H. J. McMullen, of Chicago, and others. GOV. M'ICIXLEY'S RECEPTIOX. Republican Clnbs to Escort Him from the Union Station. The general committee to arrange for the McKinley meeting next Tuesday . met In the rooms of the Traveling Men's Republican Club, In the When Block, last night. General Knefler, chairman of the committee, presided. Joseph Broyles, the representative of the Herculean Bepublican Club (colored), said that this club would send a large number to meet Governor McKinley at the station. The club is uniformed with dark coats, light vests and duck trousers, and makes a neat appearance when It turns out. It will probably head the procession from the station when Governor McKinley ' arrives Monday night. The escort committee of one representative from each club in the city will form about Governor McKinley's carriage. In the carriage will be Governor and Mrs.. McKinley, the Governor's private secretary and Hon. Thomas Nelson, of Terre Haute. The latter was dhosen to accompany the Governor in the carriage on recount of his having been for years a warm personal friend. Immediately behind the carriage will come the Columbia, Club, headed by the Progress Band, the Union Vdterans and the Traveling Men's Republican Club. The other clubs will be assigned places in the order of their arrival at the station, "first come, first served." , From the Union Station Wie escort will march out Jackson place, McCrea and Georgia streets to Meridian street. Arrangements will be made to light Meridian street with torches and electric lights, and for a display of Japanese lanterns at Washington street. The line of march has not been positively decided upon yet, but will probably be north on Meridian street to Momzment place and around Monument place, passing the Columbia Club house, to Meridian street, north to Ohio street, east on Ohio street, passing the Marion Club, to Pennsylvania street, and thenc to the Denison. The start from the Union Station will be made promptly upon the arrival of the train, and all clubs expecting to march In the procession must be there at that time. The colored clubs are entitled to repre seritatlon on the committee that will go to Richmond to meet the Governor's party, but have not yet chosen the men to represent them. This will probably be done within, a few days. On the day of the meeting incoming delegations will be met at the Union Station, and for rhis duty a large committee will be appointed to remain at the station during the day. Two Political Notes. Mr. John McGregor will address the Fifteenth Ward Lincoln League Club to-night, at Xo. 472 South Meridian street. The Bald-headed Glee Club will accompany Hon. C. L. Henry to West Newton to-morrow afternoon, where Mr. Henry speaks at 2:30. The Democratic Open In jr. The Democrats will open their campaign next Saturday. Jason B. Brown and John.

Manfbythe "MEDICINE: C? INDIAMAPOIIS IND. AIID ECOnOHIZE YOUR

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STRQltmi & MCllEASE YuXl PU&lKc DYUHS

DE57 PUREST AUD I105T ECONOMICAL37m, ItllTAIRBM COIMW

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E. Lamb will spfak In this cltv at Masonic Hall, Governor Matthews at war?aw. Senator Voorhees at Terre Haute and Senator, Turple at Delphi. Tliey Are Not Cnndlilntf. Alfred M. Potts, Dr. O. B. Pettljahn and J. M. Porter, S. N. Chambers and Armln Bohn announce t'oat they aro not candidates for the Legislature. WKATIIEU FORECAST. Fnlr nnd Probablr ' Sllshllr Warmer In Northern Indian. WASHINGTON, Sept. 19. For Ohio Generally fair; probably slightly warmer; sllgrhtly cooler In vicinity of Sandusky; variable trinds. For Inana and Illinois Fair; probably slightly vU.rmer in the northern third portion of the States; south winds. Local Observations. IxdianaI'olis Ind., Sept. 10.

Time. Bar. Ther. K. II. Wind. Weather, i'r?. 7 a.m. 30.01 ft5 7G North. Clear. O.oo 7 P.M. 29.93 08 4tf X'weat Claar. 0.00

Maximum temperature. 75: minimum temper ature, 53. Tn following is a comparative atafenr.eut of the temperature and precipitation, bent. 19, 1894: Tern. Tro. Normal ;.. 01 Mm Mean J4 O.OO Departure from normal OO O.t'U Kxeess or deficiency since Pept. 1 118 0.0H Excess or deficiency since Jan. 1 "710 8.07 "Plus C. F. R. WAPPENIIANS, Local Forecast Oilicl&L Heavy Rainfall. NEW YORK, Sept. 19. New York Is experiencing' a part of the heavy rainfall now general throughout the country. At 10 o'clock this morning 2.20 inches had fallen since yesterday. At 8 o'clock this morning the fall measured only 1.2 Inches. The Increase in two hours Is exceptionally heavy. Since the rain began at 6 o'clock yesterday morning the total fall has been 2.27 inches. The heaviest rainfall on record for New York for any twenty-four hours is 6.17 Inches, which fell Sept. :2 and 23, 1S92. An "Innocent" Coiues to Grief. ; NEW YORK. Sept. 19. Charles Augensteln. of Syracuse, N. Y., arrived by the Bed Star steamship Westernland. He wore an open-front shirt and told the customs officers he had nothing' to declare In the shape of dutiable property. The keen eyes of an inspector noticed a gold watch peeplnjar out from Augensteln's shirt front. Further search showed false pockets in Auzenstein's underwear. Here three gold watches, gold brooches, earrings and chains were tucked away. The unfortunate .leclared he thought the Jewelry m;:t have been in his underwear when he bought it. "Well, you are nothing out," said the inspector, as he pocketed the jewelry. Teamsters and Shovelers Meet Inter. At a meeting- of the Teams-tors' and Shovelers Union, last r.ht, at which two (hundred were present, S. J. Kent, of Nebraska, Thomas Kldd, of Chicago. Michael Foley, of ISvansville, 'Prof. Vatt!nger, of Slioal., Dr. and Mrs. Liwrence, of Irving-ion. 5pckc The general subject was the labor rroMcm. Thieves entered the house of Willard A. Evans, No. 3C8 North Alabama str?et, last night, while th family were away, and stole $13, a revolver and a suit of clothes. WHEN YOU CAIPT EAT without that uncomfortable feflir.p of fullness or drowsiness afterwprd, then it's time to take Dr. Tierce's ricarciit Pellets. They make digestion easy. Keep a vial of them in your vest-pocket, and tako one after every hearty meal. It's time to take them, too, whenever you feel bilious." They're specific for biliousness. They act wcndcriully upon the liver. These tiny, sugar - coated Pellets the smallest, tho plcosantest to take, and the most natural in their ways absolutely and E;rmanently cure Conitipatiou, Jaundice, Uiousness, Indigestion, tsick or Bilious Headaches, Sour Stomach, and every liver, ctoxoach, and bowel disorder. Chronic Nasal Catnrrlu N. M. Hodges, Esq., of LaKctmnu Itich Cn Utah, tsay- "I was suffering from chronio catarrh, and bought balf-dcccn bottles of your Dr. Carre's Catarrh Ueinedy, and I am happy to cay 1 am permanently cured of tuct dietnc.M HELP WASTED. HELP WANTED 100 nonunion bench moiders to report at once for work. WHITELEV MALLEAHLE CASTINGS Muncie Ind.

THE RAILROAD SAHDWICR.

W. R. Hart, traveling salesman, Dayton, 0., says: "Like many other ravelinrj men, I made the acquaintance of tho raihoad sandwich, who afterward introduced mo to 'old General Dyspepsia,' an acquaintance I wa3 unable to shako until I n et with LYON'S SEVEN WONDERS, which, I am happy to say, has put the unwelcome guest to flight Dyspepsia and headaches aro things of the past I feel like a neY man, and can cat anything." PRICE, - - - $1 PER BOX For salo by all Druggists. THE LYON HEDICINE CO INDIANAPOLIS, IND. TIME . IIUSOAUD Y0UI2

THE McELWAINE-EIClIAEDS CO., WROUGHT-IRON PIPE and BOILER TUBES, Natural-Has Supplied, Cast Iron. Malleable Iron. Brass, llrdraolll and Ammonia Fitting. METKtO METAL. CO.'S Meuri tor Statural and ArUtlcial O&a, STEAM, GAS and WATER GOODS. Fitter' Tools Packing. Belting and Steam epeelalttea. Plsmber and Mill t uppiiea. tfT General AenU for SXOW feTEAM PUMP WORKS. 32 S: 5-4- AAEST MARYLAND HT.

PEARS0FS SS Easy : Monthly : Payments. 82 AND 8i h7mTsT.,1mANAPI)HS FLAMHER & BUCHANAN FUNERAL DIRECTORS. We hare removed to new ami eomnwlifvis iuar tern, rcrfoct urtracr anl convenience KureL Chapel and ilorgue in charge uf lat attemUnt. 72L INortH Illinois St. LOST. LOST Opera glasses, on Collere-avenue car, Tuesday evening, lleturn to No. CZI North Delaware, street, lie ward. LOANS Money on mortgages. C F. SAYLES. 75 East Market street. LOANS Sums of JiuO and over. City property and farms. C. E. COFFIN & CO- SO East Market street MONEY TO LOAN We have plenty of 0 per cent, money to loan on Indiana farms. C. N. WILLIAMS & CO.. Crawfordaville, Ind. TO LOAN Money to Joan upon real estate mortgage in amounts require J. Interest moderate. No commission charged. M'GILL.1 AitD & DAKK. &i and & Last Market street. - MONEY TO LOAN On tarms nt the lowest market rate; privileges for payment before due. We also buy municipal bondi. THOMAS C. DAY & CO.. 72 East Market street. Indianapolis. I-lAwVi R lift" r-mt mnnr rT irrrrtVrl real estate In this city only. (No loans made outside.) Uurrower has th? privilege of prepayment seml-nnrtuftlly. No delay. Reasonable fees. JOHN S. SPANN & CO.. fcS East Market IIKCIMJJRAL1 ItECEIVEIl'S SALE The most completa machine hops in Indiana, Tae entira plant of the Kaeie Machine "Work Company, including buildings, machircry ar.d nearly two acres of gTotind, located within three squares of the Cnion Station on tracks of the Union railway. Can lmade one of the most profitable plants in the State. An opportunity to buy an established business of forty-four years standing. For particulars call at works on South Missouri street, Indianapolis, or adJre the undersigned. L. O. AvIN. Receiver. FOIl ncT. TO KENT House. Desirable cottage, northwest comer Ash and Vine, ijj North Illinois. FOIt RENT Pleasant rooms in small family to reliable man tenant. Address DELAWARE. Journal. FOIt KENT ROOMS Those wishing u chance room should call at 1164 Norm Meridian.. New place, new furniture. AWnOLOCCIL ASTKOLOGEK-Mrs. Dr. Elli. Room 5, Ryan's Hlock, Indiana avenue, tells life's history by the planets, where to po. what to do for the lest success In business, love, health and happiness. If sick, in trouble, consult the Doctor at once. von SALE. FOR SALE A dLoivinir sterecrtlcon. first-class, nearly new, comx-lete outfit; a bargain. C. PARSONS. 112 West Madison street, Goshen, ind. lltSlXESfl CHANCE. BUSINESS CHANCE Forty-five per cent, proflts weekly, with fl capital. Prospect u, itemized tatltlcs fr-. HIINSON & DWYEJt, &3i li road way. New York. ANXOUXCEIIEXTS. ANNOUNCEMENT Go and see Mrs, Dr. Sllva. the medium and cood adviser. 09 Indln& avenue, over Lam bur's drug tore. Aoalgnee'a Sale Notice Is hereby given that the undersigned, assignee of DeWald A Gall, will sell at private sale, for csh, for a period of thirty days from Sept. 3. lt. ail of the plumbing stock, gas fixtures and stock at the former place of buHinesu of M.1J Xirm. known as No. 9 Massachusetts avenue and No. 10 Ohio Itret, In the city of Indianapolis. D. TALNAKi:U.

PIANOS