Indianapolis Journal, Indianapolis, Marion County, 19 October 1895 — Page 3

THE INDIANAPOLIS JOUKNAL, ' SATURDAY, OCTOBER 19, 1895.

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The New York Store

CEstablUlied IS 53.) VEILINGS For One Half We have Just bought a lot of pieces of Veilings from a New York importer for about half price. Now you get the benefit. Ail new goods. yard of Black. B'ue. Erown, Gray and Tan Veiling, regular l'c and 15c goods, at Jc'a yard. Black Silk VWHnu H inche wile, plain and fancy nets, with and without spots ISo and 2)c goods for !c a yard. Black Silk Veiling 14 and IS Inches wide, regular price c at lc a' yard. Black Silk Veiling IS and 27 Inches -wide, regular price COc to tie, sale price 2Tc a yard- . . Pettis Dry Goods Co. Trj' tlao Celcbrnted LEW WALLACE CIGAR The most exquisite 10c Cigar ever offered to the trade. SD. PIEUSON, General Ajent A3IUSEMKXTS. Grnnd "Cnmllle." After two years absence Clara Morris appeared in "CamiHe" at the Grand last night, displaying all the elocution and emotional power for which she has always been famous. Untli recent years, at least, no woman on the American tage haa given the public the satisfaction in this role that was to be 'found In the Morris ImpersonationSeason after season Clara Morri3 thretv herself into the title role of "Camille" and gave it to the limit. Wom?n thronged her matinees, and tho aisles ran with tears, hg. uratively. Sometimes susceptible creatures vent away and committed Fulclde, several such cases being on record. In recent years Miss Morris became the victim of disease, and everyone began to prophesy that the great emotional actress was on the point of a most pathetic dissolution, not unlike that of the Dumas heroine. Mies Morris took a vear's rest on her handsome country estate, near New York, and now comes befcre the public, again, apparently as sound as a young woman of twenty-nine and ceitainly " as beautiful as she was In her best days. Such shoulders, such a face brilliant with expression, aided by her wonderful voice, have been the charms of few actresses during the present generation. While in figure and 'look. Clara Morris seems little the verse for her years, there is noticed lss vivacity in her manner. By renson of this tendency to matronly action there is less to distract the attention from her voice. Her brutally distinct enunciaion. with r.o attempt to fofen her "It's," rin9 in one's ears until the monotony of it causes the tidsets. At times there is a harsh, rasping tone like the voice of an old woman. It is tho same flaw that Mrs. Kendal has naturally and spoils nn othewlse line actress. The play last nigllt was witnessed by a large audience, and in a number of places was strongly acted. The leading man is J. M. Colville. the talented Svengali who went into Boston last soring after Wilton Lackaye had played the part in. the big New York company and was lauded to the skies as the best of the two. Colvdle is a versatile man. and during the Morris engagement will be seen 1n three different roles. He makes an uncontrollably hot-headed Armand, handsome and possessing a voice of rare power Mrs. Graco Gayler puts considerable humor into the part of Mme. Prudence. The rest of the company is capable. This afternoon MUs Morris will b seen in her old and favorite play, "Miss Moulton," which always was a strong matinee card. Fomethlus really fine is announced for tonight, when her new play, "Raymonde," will be seen here for the first time. Minstrel Donnelly Insnne. &0 FBJLNCISCO. Cal.. Oct. 18. John Donnelly, one of the old "Billy" Emerson minstrel company, has been sent to the asylum for the insane at Ukiah at the suggestion of a -committee of Benevolent and Protective Order of Elks, of which he was a member., lie was suffering from that form of Insanity classed as melancholia, with occasional tits of violence. Donnelly was a San Francisco boy. and fell under "Billy" . Emerson's eye at on of the variety theaters. Emerson took fclro into his troupe-, where he performed with a partner in pong and dance sketches nd was very successful. Later ho went to New York. Three years ago he returned to San Francisco and performed at various theaters. . Two Actor In Trouble. LONDON, Oct. 18. W. II. Sherwood, who is said to be an American doctor of divinity, and J. A. Wilson, who is described as an American lawyer, both actors in tho 'Old Kentucky" company. wre remanded at Blackburn to-day on the charge of havdn;r stabbed a laborer in a brawl there yesterday evening. A Pioneer MlnMrcI Dead. PHILADELPHIA. Oct. lS.-Edwin -X. Slocum. one of is s pioneers of minstrelsy, died yesterday of Bright's disease at the home of his former partner, Lew Simmons; in this city. He was torn in Columbus, O.. and was sixty years of age. . ote of the Stage. Russell Brothers, comedians, are booked at the Empire for next week. . "The Cotton King" comes to the Tark Monday for all week. Primrose .West's minstrels will appear at the Grand .Tuesday and Wednesday. William Earry cloes his encasement la The Rising Generation" with two performance at English's to-day. Frank Murray, in advance of Gladys Wallis. is in the city looking after the interest of trie bright little star who comes to tho Grand next Thursday. t Committee on Contractu. The Council committee on contracts and franchise held a short and uneventful meeting last niht. The members talked in a general way for the benefit of the new members of the business to Le done. There were no ordinances for consideration. The question of allowing the carpenters union to construct a switch from the establishment on outh New Jersey tr-et to the Big Four tracks came up. but nothin; was don". , An ordinance allowing- the laying of the track will be prenteJ to the Council next Monday night. South nend Baud Xot Guilty. The Houtfi Ren! band has been exonerated by the partial report made to the AJJutant-C-.::ffaJf rcardlnr the looting of a ret;u-r-"t at Peru by members of the Thfrd Reglr"'t. The report rlaces no blame on th r r cf U? fctnd an J ther have ben , . r 1 crvk-ea at the encampment. :l C J no. M. Lilly.

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DRAWING TO A CLOSE

CCiCLLDING ARGUMCNT I THE IIAl'GIIEY CASH TO-DAY. Strong- Plea of Smiley Ckumbrrit for the Defendant Ansvrcred In Kind ly John "W. Kern. The opening argument in defense of Schuyler Haughey was mado in the United States Court room yesterday afternoon by Smiley N. Chambers. The room was crowded -with spectators. The defendant sat. facing the Jury while hl3 attorney spoke. HU mother sat back of him and near his wife. The father and mother of the latter were near her. Mrs. Theodore Haughey was much affected during the argument and the young wife of the defendant was frequently moved to tears. Attorney Chambers began speaking at 2 o'clock. He thanked the jury for their attention and reminded them that the Tactvln the case were before them. The defendant." he said, "has given to you as clearly and as truthfully as has been in his power all of fie facts concerning his connection with the case. If these acts consign him to the penitentiary he will have to go. but if you relieve him from this charge of Intention to defraud the Indian- . . If f T 1 fit - A. - . A 1 i apoiis t-4iiin. ue vwi so out oi me court room a free man, to be a consolation to his wife and mother in this their darkest hour of life. Who were the parties responsible for the wrecking of the Indianapolis National Bank and what controlled them ! while the act was being committed? Failj urea aro not uncommon. They strew the -j sands of the ocean of commerce, but it !s nai every nnanciai disaster that is criminal. Failure does not necessarily Imply a crime on the part of those who were in control. You are not to infer that, because an enterprise was proved unsuccessful and goe down that the pilot who steered the vessel purposely ran It upon the rocks. Before you can conclude that those who have charge of an enterprise are criminals, you must conclude that there was an intent to send it to the bottom. Intent, gentlemen, is the basis of all crime. It Is one of the facts you must find before you can make a verdict of guilty. Moreover, there is a presumption of innocence that stands as a bulwark of protection before every citizen It is Incorporated in the law and stands for his safety until it is overcome by the evidence in the case. This presumption is made by the law. as a part of the defendant's defense, which the government must remove by the testimony." The attorney read from the United States statutes the views of able Jurists on the presumption of innocence. He held that it was not sufficient that the money of the Indianapolis National Bank was misapplied, but It must be shown by testimony that such fund3 arc wrongfully misapplied, and that such misapplication was with tho intent to defraud the bank. "It is not sufficient." continued Mr. Chambers, "for the government to rhow that the defendant assisted and abetted his father, but under the statute it must appear from testimony, beyond a reasonable doubt, that he aided and abetted with intent to defraud tho institution. The able counsel for the government, . who drew the indictment, knew the law. They knew what was necessary to make up the indictment. In it they have set out the very words required by the statute. Every fact that my associate counsel stated in hU opening statement with reference to the relations between the defendant and his father has been shown to th jury in Just the terms he said they would. To put these things before you intelligently it is necepsary to have a short review of the case. Theodore P. Hauphey had passed about all of his adult life In th.s community. We find In 18&i that he was-appointed by President Lincoln collector of internal revenue for this district. Those of you who remember those days will admit that an appointment of that character at that time required great trust and confidence. Two years . afterward- Theodore P. Haughey,-associated with other influential men of the State, organized the Indianapolis National Bank. It was among the first of the institutions that was organized under the law under which this prosecution is bi.ing carried on to-day. At thirty-three Theodore 1. Haughey was made president of the bank and became its controlling spirit. TAUGHT TO BELIEVE HIS FATHER. "At that time this boy was a lad of two years, in kilt skirts. I doubt not that the first time he was ever brought down town by his loving mother he was taken to that Institution at the earner of Washington and Pennsylvania streets, and impressed with the character of his father. What was the reputation of his father in this community? Do you suppose that in a community like this he could have maintained his position had not his reputation been spotlew. And such it was. The directors of the bank ted you that they had supreme confidence in the management of Mr. Haughey. Mr. Colfax, who was a director of the tank, and for whose Illustrious father the defendant here was named, tells you that he had absolute confidence In Mr. Haughey. No man has testified that during all those years Theodore P. Haughey did not retain the confidence of the entire community. Shall it be said that his son was the only one who had not that confidence? Shall it be said by -you that this boy ought to have risen. tip and declared: 'Father, I doubt your Integrity. Such a thing is not natural. It is a monstrous thing that the government asks you to do. "This boy. was brought up in the very shadow of the bark. Almost before he knew where the food came from that supplied him. he knew that his father was a banker. Before he .was fifteen years of age his father had entered . into the dominion of manufacture. Do you say that this would not make an impression on the mind of that boy? Would he not believe his father a succ?ssful business, man and a man of force? He would have , been a strange child, indeed, had he not conceived an admiration for that father. Recall, If you please, an event on July 23, 1833. Theodore Haughey called" hi son tohim at his home, save him two notes and told him to deliver them at the bank. The boy did so and laid the notes before the cashier. He was asked what they were for. 'I don't know.' repllej the boy. 'but father says it's all right.' There Is the keynote to every transaction In this whole business from the time that he went into the factories to work, down to the present 'father says It's "all right. The boy was not able at that time to look Into the future and see that trouble was ahead. For the first time on that morning he learned that his father was not going to the bank. Tho end had come; the monarch of the forest had fallen. Still he did not take warning and question the integrity of his father, but he took those notes as he shoull have done and laid them before the cashier. Now you have the life of the father and the life .of. the ron before you. "There aro very few disputed facts in this case. We practically agree on what is proved here. But the question is as to the intent and purpose of the defendant when engaged In these acts. In all of these transactions Theodore Haughey was the master spirit. It was his hand that did these thin. He !s not here to answer for himself. We are here to present to you the truth. We have come into this' case on the assump; tion that to present the truth would be the highest skill. When Schuyler Haughey w3 thirteen years old his father bought into the Slue company, ma-klng a debt of to start w!th. This boy could not have known anything of that. Ills brother, L. C. Haughey, was put in charge of the works. I do not believe that "at that time Theodore Haughey could have had any purpose in buyin? that plant other than to better his Own fortune. He was the master mind in contiol. una hundred and fifty thousand dollars wa3 the indebtedness of that company when Schuyler Haughey was sent there to work by his father. GUIDED BY ins FATHER. "The influences that finally destroyed Mr. Haughey; that ate out th? core of his life and brought financial dlea-e and death, were already at work in his life. Who can say that at the beginning of hL life he was not as full of hopo and honest purpose as any man in the community? This debt was not the conception of Schuyler Haughey. It was the design and the plan of his father. Schuyler ifaughey tellH you that he thought his father was worth COO.OOO. He had h right to think that. He says that he did not know what the indebtedness of the concern was. Were thero not others who did rot l:noT7 this? ilr. i'pruance, the secretary and tre.-rurer. tells you that he did not "know r:-.zi it vrss. Ncboiy krerr thct tha c:ta cf

Loui Haughey for $30,000 was In the bank. Everything that wa3 done by Schuyler Haughey In this matter was under the direction of his father. He never knew what became of that paper he had procured as directed. All the way through down to the closo of the bank you have no tptimony whatever to show that Schuyler Haughey at any time requested anybody to put a note In the bank for any amount. Whatever notes were deported anj discounted there were by Theodore P. Haughey. "Is It not a strange thing that during the seven years that S. C. Haughey was nominally at the head of these compani?s that he did not go to the cashier and ask him to discount paper for the benefit of the companies? He was nothing more or less than the messenger boy of hi3 father. Theodore P. Haughey drew checks on those two companies in three j-ears time, of which thi3 defendant knew nothing about. H? never knew that his father had taken one dollar for his own use. Is It not a strange thing that in all these transactions, covering a period of eight years, not one dollar of this money stuck to his own hands? The evidence does not show that Schuvler Haughey ever got ona dollar that did not go to him as his salary. Theodore P. Haughey directed that those accommodation notes be procured and they were procured. Is the case of the government so weak that they want this Jury to call the defendant guilty of something he had no more to do with than you or i? Here Is a note for $7,0C0 that was found at the bank. True, it vm rlgned by Schuyler Haughey, but it was done at the bank under the immediate eye and direction of his father. So with a large per cent, of these checks and notes they were written in the bank under the supervision of Theodore P. Haughey. "Gentlemen of the Jury, my duty to my client in 'the presentation of this case is ended; my interest in your verdict continues. Take with you to the Jury room the facta that reveal the relations between Theodore P. and Schuyler C. Haughey. Remember that the association between the.e tvo was that of father and son that Schuyler always believed In his father. Ills Impressions were gained about the fireside of that Christian home where the spirit of that good and affectionate wife and mother presided. Look at Theodore P. Haughey as ho stood In this community prior to July 24, 1S93. and remember that many facts that have come to lUht since that time were not known and could not have been knowm to his son. With this fact in view determine whether the evidence shows beyond a rea

sonable doubt that Schuyler C. Haughey wrongfully aided and abetted his father in misapplying tho i'unds with intent to . defraud tho bank." FOR TUB PHOSECFTIOX. . John XV. Kern Answers the 11 eu that tbe Illume I the leather's. . Attorney Chambers finished his argument at 4:13 o'clock and a brief recess was .taken. After this John W. Kern began for the government. He spoke for an hour and a half, concluding before 6 o'clock. Mrs. Theodore P. Haughey left the court room a few minutes after Mr. Kern began speaking. "There Is more or less pain in every criminal case," began the attorney. "There are few men brought into court who do not have wives and mothers. In many instances that wife and mother comes into court to show her affection in the hour' of extremity. But it Is ycur place, gentlemen of the Jury, to go right on, looking only to your duty. The Jury is not interested in knowing that Theodore P. Haughey walked for years in the path of right;- you are not interested in knowing whether or not he defrauded the bank; you aro not interested in knowing that Schujder C. Haughey is the son-In-law of an influential citizen, but you want to know whether, under the evidence, he aided and abetted in the" acts, charged. The counsel for the defendant did not mention but two counts. in this indictment, but he put tcgether a fine string of words that were pleasing to the ear. It Is said that we are prosecuting this man because he is the son of Theodore P. Haughey. Let that impression be corrected. We have no unnecessarily unkind words for Theodore P. Haughey. Let the news be carried to him as a part of this trial that tho only efforts to blacken his character have come from the hired lawyers of his own. son; let the news bo carried' to him over" yonder that his son's counsel has charged that he, unaided and alone, committed the most colossal crime in the history of Indiana." After reading to the Jurors a section of the national banking lav the attorney continued: "The evidence is that the capital of this bank was but $300,Q0i) and yet by means of this worthless paper the entire capital stock was carried away and .A79.0UO besides. It is not denied that tho Indianapolis National Bank was Insolvent, it was conceded by Mr. Chambers that the charge against Theodore P. Haughey was true and that he is guilty. Then the remaining question Is. is the defendant in the case guilty of the charge of aiding and abetting his father? There will.be no controversy about the degree of proof. AL agree that the government can't lay its hands on the liberty of any citizen until his guilt has been proved beyond a reasonable doubt. It Is not denied that- the money was v appropriated; that it was done by the use of these notes; that Theodore 1. Haughey had the control of these notes. It is not denied that the defendant aided and abetted his father by furnishing the notes, knowing that the makers were insolvent. Theodore P. Haughey knew the purpose for which they were to be used. This admits practically the charge of the indictment. The excuse is that the defendant did not have the criminal intent; he relied solely on that poor edd father who has gone away. Who is this man that seeks to escape the consequences of his act by pleading the influences of his father? I have read of such a plea, but It was always a plea for mercy and n&t of guilt. I never before heard of a case where a defendant camo into court, admitting everything charged, and pleaded the influences of another as an excuse for the crime. Those men that I have read of were ignorant men, who did not know the ways of the world. They had not the advantages of early training. But does this young man belong to that class? We find him a young man of thirty-three years, in the prime and vigor of young manhood, born in the shadows of tho church spires in this city whose schools are superior to any In the country: a young man born in the home of luxury and brought up at the feet of a Christian mother, in a household where the principles of right wero ever kept bofore him. This young man. brought up in this way, stands belore you and says: I did this because I was ignorant and because my poor old father, "who has gene away, told me to do it.' If I draw a weapon and shoot down my friend Burke and I come Into court and sy I was told to do it, could I be heard to say I had no Intent to do that act?' "Take the case of forgery. A man forges your name to a note; he sells the note and Is arrested and brought into court. He oleads not guilty, but says: 'I did write your name, but my father told me to do it an.i that he would see that you lost nothing.' Do you think that defence would avail the forger? Here is the Gelst note. Geist was a heavy debtor to the bank. The evidence is that Schuyler Haughey furnished this note to his father. Suppose you get short in your account and the banker says It will be necessary for you to deposit something before you can draw anything out. That was the old-fashioned way of banking. A new order of things was inaugurated In 1S91. When the men wanted to draw a sum, say J4.70O. they pot a note front GeiVt for that amount and deposited it. Then they drew out money to the extent of the not. ,. "How many men and women put money in that bank an3 went home and dreamed about the new home they had in contemplation, while these men were checking out the money these honest people had deposited there. Then they would go again and get notes and depoiit more of the mljerablc paper of that miserable Ge'st and draw out more of the funds of the men and women of InJlanapoILs. Twenty-nine thousand dollars of this wretched Geist paper was deposited as that much money and J29.0UO of honest money carted away. Oh, think of the weeks, and months, ard years it took the depositors to earn this money and the Spectacle of Theodore P. Haughey and this young man here plotting to plunder these hard-earned funds! I want to say that the only security oITered by the national bank law to the depositor Is in that statute under which thi. Indictment is drawn. Here was IITSMiGO paid In by one set of people and Jrcwn out by another set on pap?r furnished by Gelst and his kind. "You find tills defendant situated as I have suggested, saying: My father must bear this burden because he was the. sole criminal. I did no wrong except at his dictation.' Ignorance! Why it is in evidence here thut for two yean Schuyler Haughey was employed at the bank as a teller. He left the bank with all the information that a bright young man would get in that time and was put in charge of these establishments. There is rr plea of insanity here or of Idiocy. What was he Ignorant of? Three years before the failure the glue compi.ny was In such straits that it was compelled to mortgage to the bank, and in the face of that fsrt this man went on and on filling the bank with worthless notes until the dert plied up to the colossal proportions I have described. The pass book that was put In evidence rhows that thess amounts

were credited as cash, while there is no record of them anywhere else. He knew that Well Brothers were Insolvent, and that the paper of th!3 firm was to be deposited In the bank and checked out In good money. He knew that no such firm existed after 1S01. He goes to Chicago and finds that the Weils are not ln their office. He induces an office boy to Fign an acceptance that is now repudiated by the Weils. He brought those acceptances oack to his father with the explanation that the firm of Weil Brothers is dead. . He is told that it does not make any difference; that the acceptances are to be used as accommodation paper. Then he tells his father that the signature i3 not that of Well Brothers, and U again told that dfj-Jrtakes no difference. Now he says that because his father told him to do this he did. IL "Gentlemen of the.Jury. if he had a plea of insanity here the court would instruct you that if he was sane enough to distinguish right from wrong It would not avail him. But there is no insanity here. You have the confession of. the defendant that he did this because his father told him to do It. ,Let me give you a proposition, gentlemen; The young man whose father has a big private fortune to .back him has no more license to. commit a wrong than the son of a man without a fortune. The son of that kind of -a man- might commit larceny. He would say: , T did not Intend to wrong you; I thought my father would make It good.' No. gentlemen, we all stand on the common level.- and he who commits a crime must suffer for it, though there be a thousand private fortunes Lack of it. My friend refers to the spotless reputation of Theodore P. Haughey.. He tells you that the directors never suspected Mr. Haughey, and that if these men did not suspect him

how could his son see what was going on. Why didn't these directors suspect? Ah, there's a- reason Why they didn't. It was because the bank president was covering things up ro that - they couldn't see it. What deceived the- bank . examiner? If it had appeared on the books that thi3 debt was the one-tenth part, of $400,000 the charter of the bank would have been revoked years ago. They wete deceived by the fictitious paper. And who aided in the deception? Schuyler Haughey, by furnishing these notes. There was never a dollar drawn out during the last three years of the existence of the. bank that was not a crime. Take the case,- gentlemen. There is no sympathy here so, far as you are concerned. It is a question of facts. The question of sympathy .goes to a Jury in a State court, becauso-they fix tho punishment. You simply-pass on the facts as unbiased men. The court can modify the punishment if he chose. This makes your duty clear and plain. ' If this defendant's conduct here commends itself to you, then approve it by a verdict of not guilty,-but if you believe that his conduct Is so reprehen sible as to sustain the charges in this indictment, Indicate that belief by your ver dict." SCHUYLER HAUGHEY TESTIFIES. Telia of IIIh Conneetlon with the Cnrled Hair ami Glue Companies. The chief, feature of the case yesterday morning was the testimony of Schuyler Haughey. ,Tho defendant went on the ;witness stand at 9 o'clock and briefly told the story of li is connection with the glue iworks and the curled . hair company. He said , that at the? age of fourteen-he did some work for . the glue company, where his brotj.er Louis was , employed. Ife toecame one of the incorporators at the? request of his father. receiving ten shares of stock at $30 a" "share. These he. after-, ward assigned to ,hs. father. He got some stock in the curled,..hair company in 1891. He always understood that his father owned both plants.' He paid nothing for his stock in' either.1 'company. In 1883 he wejit to work actively for the glue company. He was then twenty-threo years of age. He knew nothing of the financial condition of the companies. In 1891 he was Eut in charge of the curled hair works and ept the books : of -that concern. When tho witness took? charge, of the glue company its total debt, to- the. Hoover Glue Company was J2UDO0L . There . was also a note to Sol Coffin- for $29,000 and one to Jacob Shoemaker- for $13,019. Theodore Haughey told the witness. that he did not want to discount fhe paper, of the two concerns for more-than 10 per cent. He said he could 4 use- accommodation paper and afked his son to get it for him. Witness had the great es-t confidence in his father and did not believe that he owed a dollar cutside of the glue company and curled hair indebtedness. ' ' I though: he was. an honest man,' he continued. "I o:!d:What I did merely because my father asked me to do it. I had no intention of defrauding tjie bank." He said he did not know that the directors of the bank were not aware of all that was being done. Schuyler Colfax, one of the directors of the bank, testified that he knew nothing of the indebtedness of either of the companies. He had never seen the checks, drafts and notes that had been put In evidence. At 11 o'clock the opening argument of the State was '.begun by ..Assistant District Attorney Corr. He spoke until 12:30 o'clock. He took up the twenty-three counts, charging willful misapplication of the bank's funds, carefully going through each one and detailing . the various transactions charged. Ho maintained that if the acts charged to the defendant were performed and injured the bank they Were done with intent to defraud. .. The case will go to the Jury, it is thought, at noon to-day. Albert J. Beveridge will close for the defense this morning. He will begin at 9 o'clock and will speak one hour. The closing, argument for the government will be made by District Attorney Burke. , Frank Coffin, it is understood, will not receive his sentence' from the court until after the Haughey case has been, disposed of. Mr. Coffin has spent most of the time since his trial on his father-in-law's farm, near the city. - i 9 XOT CHINESE METHODS. Police Ue Strange Mean, nut Say They Do Xot "Torture Prisoners. Superintendent Colbert, in entering police headquarters by a rear entrance, yesterday morning, observed two of the detectives trying to get a confession from a prisoner. The man admitted that he knew something of a crime, but would not fell all. Superintendent 'Colbert says the "man was not being injured, but he did not approve of the tactics and ordered that no more confessions be sought in a .similar" manner. The prisoner confessed and told where several hundred dollars' wcrth of stolen: property could be found. The detectives Secured his admission that he knew something before other means than persuasion were attempted. The detectives were threatening to place the prisoner in the dark room, t which they called the dungeon, if he did not "fess up." Now, if the prisoner had known that that dark room contained several hundred dollars worth of photographic apparatus which the detectives would not have endangered by his presence therein, he, would have had no grounds for alarm, but he did not know this All he could see was intense darkness and all he could hear was the terrible roar of a water motor, which he was told was an electrocuting apiaratus. One of the detectives, to add to the terror of the scene, put two telephone wires together producing sparks whici he occasionally touched to the prisoner. The Superintendent declined to give the names of the detectives, but said there would be no more tactics of that kind employed. .' " - v STOLEN PROPERTY RECOVERED. l'nrt of that Taken from 'the Home of C. W, Bronse Found. Chief Fplan and detective Kinney made a good arrest yesterday and .later recovered quantity of property stolen from the residence of Charles Brouse, at Irvington. Wednesday night. . Omer Thomas was the name the young man gave and he is slated for grand larceny. In a vacant barn near North and Mississippi streets the property wtus found. Thomas Is unknown here, but he Is thought to be a good man at his business. His partner has not been round. The property consisted of silverware, overcoats, fur rugs aJid.two ladies' jackets. . CITY NEWS NOTES. A vesper service, with special music, will be given at Plymouth Church Sunday afternoon at 4:C0 o'clock. Thia takes the place of the regular evening service. The following Indianapolis people are registered at the St. DenU. New York: S. O. Pickens, Miss M. Pickens, M. D. Williamson, P. B. Raymond, J. C Ingram. Dr. Mvra Reynolds ' will ' lecture this morning before the teachers of the city. school in the hall of High School No. 1. Instead of at the Inlustrial Training School as at first announced. , Willis C. Vajen has just returned from his trip to Augusta. Ga., whither he went to attend the instructional meeting cf fire chiefs. He displayed' the Vajer-Bader smoke protector, invented in this ity, for the fighting of fire in dense smoke, and reports that it was received with much favor. The invention is a novel thing, and attracted much attention.

HEREON SUIT FILED

KM MA IIAimiSOX, SECOXD COUSIN, ' TIID DEFENDANT. She Clulnis One-Seventieth of the For tune, Amounting: to $200,000, Left by John Ilerron. The suit of Emma Harrison against the estate of John Herron was filed yesterday in the Circuit Court. The defendants are Ambrose P. Stanton, executor of the estate of Herron, and about seventy distant relatives. The demand ts that the will shall be set aside because of undue influence and because the will was not properly executed. The plaintiff Is the daughter of a cousin of the testator and sues as her father's heir, he being dead. In a supplementary petition to the court she sets forth that she Is without means to prosecute the suit and Fhe asks that the court allow her to prosecute it as a poor person. She then recommends to the court the employment of James E. Watson, McBrlde & Denny, Morrow & McKee and others as her attorneys, who have thu3 far advised her In the preliminary steps in the case. She avers that she is entitled to one-seventieth of the estate. In the complaint it is set out that John Herron's will was admitted to probate'May 17, 1895, and, thereupon, letters were Issued to the defendant, Ambrose P. Stanton, as executor of puch pretended will; that by the terms of the will the real and personal estate of John Herron, of the value of more than $200,000, was left to the defendants as the only devisees and legatee., whereby the plaintiff, who is entitled, as an heir of John Herron, to one-seventieth part of the es tate, was excluded from all benefit. The plaintiff averred that the pretended will is invalid because John Herron, at the time of the execution of the will, Oct. 21, 1852, was of unsound mind, and that the will was unduly executed. With the complaint was filed a series of sixty-six interrogatories intended for Am-, brose P. Stanton to answer and which cover the entire field of his relations to John Her ron as close friend, confidential adviser and the lawyer who wrote the decedent's last will. PACG LOTIONS IN COURT. Snlt for Damnires Incurred liy the Use of Meta Reana'a "Deaiity Culture.' Judge McMaster sat yesterday In a case involving the value of face paints, bust developers, etc., in which the parties were Kate Thornton against Meta Reana. The claim Is for S1.00O damages for injuries to the skin of the plaintiff by reason of tho use, and for a vendor's Hen on a certain tract of ground which tho plaintiff conveyed to the defendant in trade for a quantity of the preparations. The trial attracted several women to the court room. Herod & Herod appear for the plaintiff and Morris, Newburxer & Curtis, for the defense. The table between the parties was loaded with bottles and boxes containing tno several decoctions and powders advised to be used for beautifying the skin. One is known as "Beauty Culture," another as "OllnaV and the Dowder had some iancy name, xne ev idence showed that the plaintiff had used the oreDaratlons and had subsequently suf fered from a skin disease caused, as she avers, by the use of the "Culture." Dr. Hurtv and Dr. Hays were put on the stand as expert witnesses. They testified that the preparations would not cure an sKin diseases, as the advertisements and directions said, and would be dangerous ir usea in some cases. FEB AND SALARY CASE. fuaat Effort to Ilrenlt the Law Proves Futile Itehearlng Denied. In the Case of Walsh vs. State ex rel. Soule the Supreme Court yesterday refused an application for a rehearing. This is tho fee and salary case that came up from Vigo county last spring, in which the court overruled its former decision in me uemon countv case and declared the amended fee and salary law valid. This is the end of the case. Bicycle Thief Sentenced. Albert Hunter yesterday pleaded guilty in the Criminal Court to the indictment for uttering a forged check. He was sentenced to thirty days in Jail and $10 fine, the len iency being shown both because of his plea and because of the precarious state of his health. He Is suffering from hemorrhages of the lungs. James Solenberg, who has stolen five bicycles, was sentenced to two years in the penitentiary. Special Deposit Allorred. Probate Commissioner O'Bryan yesterday allowed the claim of Richard J. Depew against the Bank of Commerce for $3,683.C2. The money was in the bank as a special de posit, and the amount allowed the owrjer included the amount or interest aue. IfBfltttBfMMiMiMMat Minor Court Notes. Newton M. Taylor resigned as guardian of William Moore, and John Whitehead quali fied as his successor. Cosby Bartlett was yesterday appointed administrator of the estate of Matthew Bartlett, with bond of $100. THE COURT RECORD. Supreme Court. 174S8. Beatty vs. Coble. Owen C. C. Reversed. . McCabe, J. 1. There must be an actual contract on the part of one who sells the good will or trade, not to engage in the same trade or business in the same locality. The court will not imply such covenant. 2. Where a person agrees not to engage in a certain business without limitation as to time it will be no objec tion to the contract that the limit is not expressed. 3. In cases of limitation of trado the adeouacy of the consideration will not be inquired into. It is sufficient that some legal consideration appears. 17138. Gowen vs. Gllson. Lawrence C. C. Affirmed. Hackney. J. The filing of an amended pleading takes out of the record the original pleading and waives any error in the ruling upon such original pleading. 17340. Eel River Railway Company vs. State ex. rel Klstler. Fultou C. C. Cer tiorarl awarded. - 16456. Jones vs. Cullen. Marlon S. C. Petition fpr rehearing overruled. 17(U0. Walsh vs. State ex. rel Soules. Vigo C. C. Petition for rehearing over ruled. Appellate Court. 1i?T7 TtTeFadden vt. Ross. Shelby C. C. Affirmed. Untz. J. l. The delivery of a deed or mortgage is absolutely necessary to its execution. 2. The law will not presume that title nasses until the deed Is delivered and accepted. 3. It is not error to refuse to admit evidence of the contents or letters -when there is no proof that the letters wero lost or beyond the jurisdiction nt thft rvurt and cannot dc proaucca. 4. The credibility cf the witnesses is a matter for the trial court. UT7 iak vs. Thorn. Warren C. C. Af firmed. Reinhard. C. J. The fact that the complaint shows a separate action against each of the defendants is no ground for rfAm.irrer tcv the want or tacts. 1713. I. N. A. & C. Railway Company vs. Tinire. Lake C. C. Affirmed. Gavin. J.1. u'hn. et-prnl nlalntiffs join in a com ulalnt it must show a cause of action as to all or it will be liable to demurrer for want of facts. 2. The statutes provide that ..rmnt mav be given for or against one of several plaintiffs or for or against one or more several defendants. 3. Th nviv for which a cause may be re versed should be such as at least might have been hurtful to tne appenant. Superior Court. Room 1. Hon. John L. McMaster. Judge. Kate Thornton vs. Meta Reana; damages. On trial by court. Room 2 Hezekiah Dalley, Judge pro tem Natalie Nothan vs. Tina Rusk; damages Finding for plaintiff and Judgment against defendant for costs. Room 3 Pliny W. Bartholomew, Judge. Jerry Sheehan vs. C. Halpin; sewer lien. Dismissed. William I. RSnley vs. O. M. Allen; re plevln. Dismissed. Criminal Conrt. Frank McCray. Judje. State vs. James Solenberg; grand larceny. Finding of guilty and sentence of two years in Prison North. State vs. Albert Hunter: uttering forged check. Plea of guilty. Sentence of thirty days in Jail and $10 fine. New Suits Filed. Superior Court. Luella W. Mclntyre vs. Charles A. McIntyre; divorce. Failure to provide. nraraa Htrrirca ts. Arr.-rcr? P. Ttrnt:n et el.; to ccr.tcrt trill, rctiticn ts

prosecute uit as poor person and inter

rogatories filed. Elizabeth Dickson vs. Peter Krei; ac count. Demand. $i00. PERSONAL AND SOCIETY. Mr. David Braden and son Harvey will go to Illinois next week on a hunting trip. Miss Edna McGIlliard will go to Detroit Monday to attend the marriage of Mr. Pep pers. Miss Margaret Smith has returned from a visit to irlends in Syracuse and Ithaca, v v Miss Falkner, of New York, who has been visiting Mrs., Charles L. Holsteln, returned homo yesterday. Mr. Newton Booth Tarkintton will leave soon for New York city, where he expects to locate permanently. Mr. and Mrs. Frederick Fahnley gave a dinner Thursday evening in honor of Mr?. C. M. Raschig, of California. ilr. Joseph M. Bowles will give a bachel ors dinner this evening:, previous to his marriage Tuesday to Miss Payne. Mr. and Mrs. David T. Devin and Miss Cooper, of Chicago, are visiting Mr. Charles E. Cofhn, on North Pennsylvania street. Mrs. and Miss Newcomer arrived yester day from Hagerstown, M1.. and will be at home at No. 2 Home avenue this winter. Miss Marguerite Lemon, of this city, will make her debut Monday night in New York in a new opera which is to be brought outMr. and Mrs. Jones, of Lafayette, form erly Mlse Grace Grieve, who wero married Tuesday, were guests of friends here for a short time on their wedding trip. Mr. Meredith Nicholson and Miss Eugenie Kountze, of Omaha, went to Crawfordsvllle yesterday to visit Mr. Nicholson s sister. Mrs. It. W. P. Noble, and family. George Butler, of Media. Pa., is the guest of his cousin. Noble 0. Butler. The rormer is the wn of Judge William But ler, of the United States District CourL The Misses Walllck entertained a few friends informally yesterday afternoon for Mrs. Carter, of Texas, who Is their guest for a lew days. Rev. Thomas Ewinsr Sherman, son of Gen. Sherman, returned from Plalnfleld yesterday with Rev. F. H. Gavisk, and is his guest, lo-morrow evening he will preach at St. John's Church. - At the Woman's Clubv yesterday, a large audience or members listened to papers on "Our Prose Pastoral Writers by Mrs. C. W. Marraon; on "The Free Tenants of the Air," by Miss Anna C. Hendrick!, and a conversation on "Nature's Sights and Sounds," led by Mrs. Mary Newcomer AVaicott. A reception to the new members of the Tabernacle Church was given last evening in the cnurcn parlors it is tho custom in the church to give these social gatherings after each communion service, in order that the new members may become acquainted with the older members of the congregation. The ladles of the church had charge. The room were attractively arranged for the occasion. Mrs. Edgar A. Brown gave a handsome luncheon Tuesday in honor of Mrs. C. M. Raschig, of California, and Mrs. S. I'. Por ter, of Brooklyn, N. Y. The table decoration was of white roses and maiden-hair fern. The company Included Mrs. Eichrcdt, Mrs. F. E. Dewhurst. Mrs. C. C. Brown, Mr. O. S. Runnels, Mrs. Marshall Moore, Mrs. A. Q. Jones and Miss Gable. Mrs. Raschig will go to Grencastle to-day to make a visit. Mr. and Mrs. Charles Y. Smith and daughters, Misses Margaret, Grace and Kate Smith, gave a handsome dinner last evening in honor of Miss Janet Payne, Mr. Joseph Bowles and their bridal party. Their guests were seated at three tables in the dining room. Each table shone with silver and crystal, and each had a vase of Mermet and Bridesmaid roses. A feature of the menu was the bride' cake, which was cut by Miss Payne. In the cake were a nng, thimble, penny and button to decide the fates of those in whose pieces the articles were found. The party included those named and Mrs. Mary B. Payne, mother of the bride-elect. Miss Nellie Carey, of Mis sissippi, Miss Ella Haines, Misses Eliza beth and Lucia Ray. Miss Ella Maiotte. Miss Katherine Porter, Miss Grace Wasson, Miss Mary Share, Mr. Hugh Th. Miller, Mr. Laz .Nome. Mr. U. J. Payne, Mr. H. H. Hombrook, Mr. Allan Hendricks, Mr. Duane Bowles. Mr. Charles W. Moores, Mr. Harry Byfleld. Mr. William P. Landers, Mr. Louis Share and Mr. Albert Smith. Mrs. Elizabeth Orton, widow of the late Chief Justice Harlow S. Orton, her daughter and son-in-law, Mr. and Mrs. Henry Coe, of Indianapolis, and her son, Mr. Ortho H. Orton, have been guests at the residence of Judge and Mr. T. W. Keyes during the past week. The Orton home stead is being vacated by the family, and Mrs. Orten goes to make her home hereafter with her daughter, Mrs. Coe, in the city above named. Mr. O. H. Orton, the son. and late a resident of the city of Belott, has made arrangements to remove with his family to Chattanooga, making tht place his future residence, and to enter lnirt business there in the practice of his jrrfesslon. The many friends of the Orton In this city will regrqt exceedingly the necessity of this changrt; hut it had to bo made, and it was probably best to do so. as Mrs. Orton needed in her advancing years the gentle care and kindly ministrations of her faithful daughter. It is well assured that she will find there a pleasant home. As far as possible the ties of the family will be maintained, and those in Madison who love and revere Mrs. Orton for her womanly qualities and Christian character will be made happy In the knowledge that her surroundings will be made as pleasant and agreeable as can be wrought by loving and gentle hands. They left on this afternoon's train on the Northwestern road for Chicago, and will proceed at once to the city of Indianapolis. The many friends of Mr. Coe In this city, will not be willing to relinquish him entirely, but will certainly expect to Eee him and his good wife here as usual on their annual visit. Wisconsin State Journal. MISS BUCHTEL'S RECITAL. . Little Miss Emma Buchtel, the thirteen-year-old daughter of Rev. and Mrs. Henry A. Buchtel, gave a piano recital last evening at the Metropolitan School of Music before a large number of invited friends. The young player presented a programme that was most creditable. She possess i a musical nature, and every number was stamped with an individuality unusual in one so young. There were two Bach numbers, a Bouree In A minor and a Loure in G major. Beethoven's "Sonata Op. 14, No. 2," was admirably done, as were four mazurkas by Chopin. Four little gems, all short, might be compared to the exquisite outtlng of a cameo, so delicately and artistically wero they executed. These were "Springtime," "Catch Me," "Grazlosa" and "Marching on Merrily." by Stiehl. Sternberg was represented br three pieces, any one of which successfully accomplished is a good piece of work. "In the Forge." "Fable of the Witches" and "Toccatina" were the three. Of all the programme, perhaps no one selection showed the muslcianly feeling of "Fable of the Witches." A subtle sympathy with the idea of the composer spoke through it all. After the Stiehl group all the flowers were brought In, and Miss Buchtel was fairly showered with roses of every hue. Baskets and bunches of roses loaded her arms and shoulders. For a girl so young to have prepared a programme of so many compositions In itself Is something to do. Should this fair-haired child continue as she has begun, she will some day be a famous player. WTSONG HATFI E LD. Special to the IndlanapoMs Journal. DUBLIN. Ind., Oct. 18. Miss Ada Hatfield, of this place, and Mr. Otis Wyjong, of Louisville, were married on Tuesday evening at the bride's residence. Rev. Coulter, of the U. B. Church, officiating. ' Deputy to Auultor-Klect Smltu. Auditor-elect Harry B. Smith announced last night that his deputy In the auditor's office will be Fred Shepherd, head bookUcep-

All who use it say it is the "PEERLESS REMEDY" for curing ailments of the Liver, Kidneys and Bladder, Female troubles, Rirjr:itbn and Bright's Disease. Per cslo overywhero ct Cl.CO per bcttlo. ci. ?. u. r.::iE:.:i r.::c:oi::E go.. - - a tr::, r:?.

Hisses' and Children's Cloaks and Jackets

Everything new is slOwn in our immense assortment of Children's arrnciiU tliis season. Handsome Two-Toi9 JJoucles, novelty weaves in great variety, and fancy Scotch mixtures, inado up in most attractive styles. New style Heefer Jackets, in rough Worsted's, Wales, Boucles, Heavers, Chinchillas and fancy clot lis, sizes 4 to 1G, at from 52.50 up to $25. - (iretchens and X ewmarkets, every conceivable style, shaptj and color; prices from $2.98 up to $65. A lot of new novelties. Jackets and Cloaks, just received and put on sale for to-day at $7.50, $9, $10, $12X0, $13.50, $1B and$17.50. See them and make a selection before they are picked over. Specials Children's Reefer Jackets, fancy Scotch mixtures, large sleeves, sizes 4 to 11, regularly worth 64.23; sale price, $2X0. 100 Misses' Chinchilla Jackets, largs sleeves, ripple back, sizes f to 10, bought to sell at 0; special for Saturday, $4.70. Another lot of Jackets, various styles and materia's, 610, $U and 812; special to-day, $8.75. 400 Misses' Gretchens and Newmarkets, splendid school Jackets, long and warm, fancy material, worth from S7.0Q to 69.00; choice to-day, $5, MILLINERY ; Children's Hats Tarn O'Shanters, 25c, 35c, 50c, 7Gc, 98c; $1.25, $1.50. 500 Children's untri mm ed School Hats, the 75c; Saturday only, 48a Trimmed Hats, in prcat variety, at $2.75, $3, $3.25, $4, $4.50 and $5. H. P.Wasson&Co. er of Fletcher's Bank. Mr. Shepherd wm formerly deputy to the county clerk, an has had a large experience in county business. The appointment was made purely or. business principles, the appointee belns highly recommended to Mr. Smith, and not being himself an applicant tor the position. ARTILLERY AND C. A. A. The Une-Vp of the Tiro Teams as They "Will Appear To-Day. The game of football this afternoon between the elevens of the Chicago Athletic Association and that of tho Light Artillery 'at the baseball park will be called at J o'clock. The friends of tho Artillery ere going to turn out in force and there will be manj' visitors hero from college towns of the State. The game was not decided upon until a late date, but that the two elevens are to rlay has become known and a great deal of Interest is saown in the result. The lovers of the sport will no doubt have an opportunity to see a good content, for the two elevens are composed of strtrs players. The C. A. A. eleven Is expected to arrive this morning from Chicago. The team is regarded as the strongest in the West. Ar.u Arbor possibly, excepted. Manager Navin, of the Artillery eleven, ys his men are In excellent condition, but to-day they will get their first active work. The fUht bctvn.cn the centers of the two elevens is anticipated with pleasure by lovers of the sport. The Chicago center is one of the strongest In the country, and the Artillery center, individually as strong, will have io v.ork to hold the visitors in check. Thr line up of the C. A. A. team is not .definitely kno-.vn. but that of the Artillery has been arrnged. The two elevens iviil most likely appear as follows, a few changes m the C. A. A. team to be made: Artillery. C. A. A. Boose center Siovenson Ilailsback right guard Thomas Johnson left guard.. ....McCormiek Joss right tackle lladlcn Dyer left tackle Thompson II. Olln right end Camp X. Olln left end Stone llall quarter back lloaglani Vcmmerville ....right half back h:iatr iutterson left half hack Hudleston Scott ifull back Brown Butler 3Inn Injured. . A serious accident occurred during the football practice at Butler College yt-rdt rJay afternoon. James Lamkln attempted to carry the ball around left nd tnd was tackled and thrown in such a way as to dislocate his right ankle anJ break the small bone of the same leg ibcut cno inch above the ankle. Drs. Thompson and Te r rell dressed the wound and think ro p. rmanent injury will result. When told his leg was broken Lamkln said "Can't ou f.x it so 1 can plH to-morrow?" He was takon to a student's room unl will be card tor bv his fellows until he can be taken horn... The college team plays the Ioulsviilc Athletic Club at Louisville to-day unl "I.ammle" will be much m!s?ed, cs he hs been developing some fine work as rigat half back Colombia. Lincoln Lenue In Line. The Columbia Lincoln League held an enthusiastic meeting last night at which there were good speeches ami exrrllfnt music. It was decided to Rive a public entertainment next Friday at the hall, rornrr of Delaware and McCarty streets, wnen a iirst-eiass programmo will be presented. The Wonderful Csrlsbsd Spring. At the Ninth International Medical Congress, Dr. Toboldt read a paper stating" that out of thirty cases treated with the genuine imported Carlsbad Sprudcl Salt, for constipation, chronic catarrh and j liver diseases, twcntv-six were en tirely cured, three much unproved, and one not treated long- enough. Best results obtained when out- ! door exercise can be had. 13c sure to buy the "genuine," which must ! have the signature of "Eisner & i McndelsonCo.,Airents, XewYork,M on every bottle.

ram Is often caused by a bad Liver. How is your Liver ? Are your Kidneys all right ? Does your sleep rest you ? Does your back ache ? Are you weak and thin? Are you dull and bilious? Marvelous success has attended the use of Dr. J. H. McLean's Liver Kidney Balm,