Indianapolis Journal, Indianapolis, Marion County, 22 November 1895 — Page 3

THE- 1KD1ANAP0L1S JOURNAL, : FRIDAY, NOVEMBER 22, 1895.

The New York Store ' (IJSTAHLlsnUD isss.)

Choice i To-Day and 'Td-Aiorrow Of any of our $50 and $60 Fur Capes FOR $37.50 That's the way wcare selling Furs now-a-days. Pettis Dry Goods Co Xx" tlio Colebrotcd v.v. LEW WALLACE CIGAR The most exquisite 10c Cisar ever offered to the trade. S. D. PIERSON, General Agent AMUSEMENTS. . . Grand "14I)2. .. y-Multi-colored, musical and breezy is "1432," which returned to the Grand, last night. In many respects the production Is much changed from the show as seen here last year, but this. applies more to the people rather than to the outline of the piece. The same doll string of . tiresome puns-assist In raving' excuse for the remarks of most of the characters, but In spite of this dead load, the audience takes to the production. Bright; lights, fancy dressing, pretty women and graceful dancing go to make up what might, be called the many heterochromatlc ensembles. The climax in every Instance Is built up In Rice's most happy way. Bessie Bohehiil In her male Impersona. tions-and Richard Harlow as the pulchritudinous Isabella, excusing the coinage, are tho great features. As a star In Playmates" ilessle Bonehlll never- made a hit In this city, but In her dainty impersonations last night she scored a distinct triumph with an audience that filled the opera house. Richard Harlow's ponderous beauty, as tho Queen of Spain was a surprise His "make up was one cf the wonders, but his singing at no time seemed to arouse any marked appreciation. There is a new tramp this yur, Ross Snow taking tho part of Charley Tatters. Snow Is not the artist that Will H. Sloan was In the part, but his tramp made the biggest hit of the evening. His fall from the top of an elevenfoot stepladder while playing a -trombone solo and not missing a note, 13 probably the only act of its kind on the stage. Fleureth. the premier dancer, gives an act that borders on enchantment. ' One is at a loss to understand the coldness with which Herr Kilanyi's living pictures were received, unless it bo that Kilanyi's art is caviare to an Indianapolis audience.: His pictures are so artistically beautiful that they created no more enthusiasm than if the original? had been displayed. 'U'JT' will remain at the Grand the rest of the week. Park'O'lIoolIjcaii Masquerade." "O'JloUigans Masquerade" Is wharthe patrons of the Park Theater saw last night. The theater was packed and the audience was entertained by an hilarious farce-comedy and a number of specialty features, G&ll&gher and West and W. B.' Watson are the stars' in "O'Hoollgan's 'Masquerade." No funnier scene than the masquerade has been witnessed on the Park's stage. The musical selections are attractive, while the comedy Is well mounted In costume and mechanical effects. "O'Hoollgan's Masquerade"' will have a big engagement at the Park, where it will be seen to-day and to-morrow.; "Hoss and Hoss" follows Monday, for three days. Y. 31. C. A. Entertainments. . An entertainment will be given this even ing at the Y. M. C. A. Hall for the beno fit of tho -Young Woman's Christian A?so-; elation. . The names of Mr. Edward Nell,, Mr. Richard Schwliewen and Mrs. Jessie' Patton' Milnor are on the programme. Tues-: day evening the Tennessee jubilee singers will give a concert at the same place. , : Notes of the Stage. "For Fair Virginia" will have the benefit : at tho Grand next week of tho original cast. WiUHotPerformLliracles But It Will Cure. K- MILES' HESTORATIVE NERVINE cures nervous prostration. Not miraculously, but scientifically, by first rcmoTlng the germs of disease, and then upplylng healthy nervo food. Increasing the Appetite, helping digestion and strength enlog the entire system. Pesperata cases require prolonged treatment as shown by that of Urs. M. B. Reed, of Delta, Iowa who writes: "As the result of a llshtnlnj stroke, the physicians ald I had alight stroke of paralysis, my limbs would all draw up. I Dr. MUes' .r1? "i??5 Hervlne Restores Health unendurable. For three months I could not sleep and for three weeks did not closo ray eyes. I prayed for sleep, and felt that if relief did not come I would be dead or Insane. I took Dr. Miles' Kestoratlra Nervine and the second niht tdept two hours and from that time on my health improved; slowly at first, but steadily and surely. I took la all 49 bottles, and I cannot express how grateful I am, for I am now perfectly well, and have taken no medicine tcr over four months." Dr. MllcV Nervine I3 sold by dru;ghits on guarantee that first bottle benefits or money refunded. m Iok on heart and nerve free. Dr. MHss Helical Co., LI k hart, led.

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Including Mr. ami Mr. Whytal. and also all the scenery that forms so conspicuous a part of this 'production. The Thanksgiving advance sales Otis Skinner at the Grand and "The Defaulter" at English will open Monday morning at the Pembroke arcade.

MEXICANS rkjoicim;. Lrd tu Believe T&etr Boundary Line Will filve Them Tart of Kl Pao. ELi PASO, Tcx.t Nov. 21. Mexican engineers of the International Boundary Commission, t now In session here, have been surveying: and placing- monuments through the southern portion of the. city so as to take In a strip of the city over a mile long" and. six blocks deep. The American commissioner. Col.-Anson Mills, was called here to consider a claim from Mexico, and. while that claim has not yet been submitted. It Is understood Mexico will claim territory on the north side of the river, within the corporate limits of El Paso, on the ground that the orlgnlal channel of the river runs almost through the center of tk. city,. but that because of embankments the nood waters shifted tne main channel over on Mexican territory. Mexicans living in the southern portion of tho city are so confident that their homes will soon be conceded to be on Mexican soil that -they are flying the Mexican colors from their Housetops. It is claimed by American residents that under, tho Guadaloupe Hidalgo treaty the boundary line was fixed In 1&2 where the river now runs. SIR H. PONSONBY DEAD AX ENGLISH SOLDIER LO.G IIOXORED BY QCEEX VICTORIA. Formerly Private Secretary to Iler Majesty and Keeper of the Privy' Pnrae Senhor Thedlma Death. CO WES, Isle of Wight, Nov. 2L Sir Henry Ponsonby, - formerly private secretary to Queen Victoria and keeper of the privy purse, died at 8 o'clock, this morning of paralysis. . . General the Right Hon. Sir Henry Frederick Ponsonby, K. C. B., P. C, was born at Corfu, ,in 1823. His father was Major General the Right Hon? Sir F. Ponsonby, and his grandfather waa third Earl of Bessborough. He was married in 1SC1 to one of the Queen's maids of honor, the eldest daughter of J. C: BuIteeL He toad three eons and a daughter, the latter. Alberta Victoria, being the wife! of Col, .William Edward Montgomery, of the Scots Guards. His eldest son, John, Is a lieutenant In the Coldstream. Guards; his second son, Frederick, is lieutenant in the Grenadier Guards; the third son, Arthur, was a page of honor to the Queen from 1882 to 1&S7 and is now" an attache on the diplomatic service. !Slr Henry was educated at the Roj-al Military College, Sandhurst.. At the age of eighteen ho was appointed ensign 'to the Fofty-nlnth Regiment and was subsequently transferred to the Grenadier Guards and appointed ald-de-camp to the Lord Lieutenant of Ireland. He was made private secretary to the Earl of Clarendon in ISO, and held . similar positions under Lord St. Germans, and Carlisle while Viceroys of Ireland. In 1S33 Sir Henry Joined the Grenadier Guards In the Crimea and served at the siege of Sebastopol. At the conclusion of the war he was appointed equerry to the Prince Consort, which" position he held until the Prince died. Ho then went to Canada, where he commanded a battalion of the Grenadier Guards. He was appointed private secretary to the Queen on April 8, 1S70, and in October, 1878, was made keeper of the privy purse. Sir . Henry was a member of the lrlvy Council, Knight Grand Cross of the Order of Bath. Knight of the Third Class . of the Order of ledjldleh and receiver-general of . the . Duchy of Lancaster, lie was stricken With paralysis in January last, and has been suffering from that ailment ever f since. : . . . ' Seuhor AiiRUSto De Sejtulern. Thedlm. WASHINGTON. -Nov. a. Benhor Augusto de Segulera Thedlm, Portuguese minister to the United . States, died at. his residence here at 8:30 o'clock this morning of congestion of the lungs. The Senhor had been a sufferer from consumption for a number of years. He had a sudden and violent hemorrhage Sunday evening, but rallied and his attending physicians were hopeful of his recovery from his last attack, but yesterday evening he grew suddenly worse and from that time sank zapldly until the end came thla morning. His wife was at his bedside when he died. He left no children. A state funeral will be held at St. Matthew's Church, in this city; Saturday morning. The diplomatic corps will attend in a body and various branches of the . government service will be represented. The remains, accompanied by Senhora Thedlm. will be taken to Portugal on the steamship La Bourgogne. leaving New York on the 20th. inst. impressive state , ceremonies will be held In Portugal and the. body will probably be interred at Lisbon. Senhor Taveira, the Portuguese consul-general, at .New York, waa summoned here Monday morning and has remained at the legation residence since. This morning he cabled the home government an announcement of the death. The grief - of the minister's wife Is Intensified by the shock she sustained last Friday by the. 'death of her father, the Portuguese minister at Rome, accredited to the Qulr-inal.-' y : Senhor Thedlm was thirty-eight years old. lie was the only representative of the Portuguese government in this city. He came here last June, succeeding the Senhor Souza Rosa, who was transferred to the Portuguese mission at Paris. His formal presentation to the President took place Oct. ZL.Mte was ror a numoer 01 years vetary of the Portufruese legation at Madrid, leaving nome xn iw. men ne went to Rome as secretary of legation of his government -accredited to the Italian government, and came to Washington after leaving that post. r'' Calvert Vaux'a Body Fonud. NttW YORK, Nov. 21. The body of Calvert Vaux. the landscape gardener who disappeared from the home of hla son at Bensonhurst Tuesday nlcht. waa found in , the bay near that placo to-day. Mr. Vaux had been, suirering ror some time rrom nervous prostration, . Calvert Vaux was one of the most eminent landscape architects in this countrj. He was born' in London on Dec. 20, 1824, and was a pupil of Louis X. Cottingham, an English architect. He came to this country in 1843-and became a partner of Andrew J. Downing. Vaux and Downing were the architects for the grounds surrounding the Capitol and. the Smithsonian 'Institution in Washington. At Mr. Vaux's suTgetlon, public competition was invltrd for the plans for Central Park, and with Frederick Law Olmstead. Mr. Vaux d- ' signed the plans that were accepted. He i was ; afterward associated with Mr. Olm1 stead in. designing parks in Chicago and aMim sftla unri fnr th fitalA roc.rvalinn at Niagara Falls. In .lSCO Mr. Vaux wrote a book entitled "Villas and Cottages" and later on, one relatlnR to Bronx Park. Rev. J. S. Ln1d. -ELIZABETH. N. J., Nov. 21.-Uev. J. S. I Idd.-a retired Baptist clergyman, has died ' nt "his 'home In this city, ased elRhty-four j years. H-was a graduate of Hamilton j College and had been a minister over forty j. years. . j- Dr. !. 1. Par-. 1 HURON. Mich.. Nov. a. Dr. S. D. Pace. e.x-rnitcd State consul to Sarnla. Ontario and a. prominent Republican politician, dieil this morning of pneumonia. ' FerrftH of the Trade. j Chicago Record. ! Tailor Thought I'd met some nervy peo ple, out Shoemaker What now? Tailor I've had to press thee trouser? four time and they ate not even puirt for. Shoemaker That's nothing. I went to col lect u bill for a pair of ihoet; yesterday, an tin? fellow kicked me out with th?m. AVIiy Lnfe Pence Left Congress. Chicago Tribune. lrfe Pence, tlx- 'Populist ex-Congressman from Oolorurlo. Intimates that he has giver up politics and gone to practicing law because the fomvM- -meant too little money and too much eTpense." He did not reacr that wise nnlnsirvn hnw-ever imtlt the Mmv i after the .voters of his .congressional die-

trlet said by I7.T00 Id 34.3W that they thought It was Letter for Lafe to tako a ret from polities', at least as far as representing Colorado in Congress was concerned. They made up their minis last November that he was impairing his intellect and injur! n? their business by devoting himself to the substitution of Afty-cent dollars for one-hundred-cent gold ones. So they cave him a long vacation In which to cool off and get tho silver out of his brain. lie was not so far gone as to be unable to take the hint, and has removed to the State of New York and gone into the law business for a living. Hut if the Colorado voters had not turned him down he would have gladly kept In politics and in Congress, and have continued to proclaim that the way to save the country was to debase the value of tho currency by 'J per cent. INDIANA 'IS' SEVENTH

oxly six other states co.vritioI'TE MOHK ITERXAL nEVEXlE. ' Annual Report of Commlnaloner 3II1 ler Receipt Leaa the Past Flncal Year Than In the PreTlon One. Special to tho Indianapolis Journal. WASHINGTON, Nov. 21. Commissioner Miller's report on internal revenue gives the following figures for Indiana: The State contributed 16,804,164 Internal revenue to the national treasury for the fiscal year. Indiana ranked seventh in this regard; 63,651,923 cigars were manufactured In Indiana and 1,(XK cigarettes. Seventeen distilleries were operated In Indiana, fourteen of them being grain distilleries, consuming l.SOO.OOO bushels of grain; 069,478 gallons of spirits were rectified, 8.700 cattle and 7,125 hogs were fed, "and 10,38,S92 taxable gallons of distilled spirits were gauged. The production of fermented liquors amounted to CS2,221 barrels. Mr. Miller's report on the country at large shows the receipts from several sources during the last-fiscal year as follows; From spirits, $79,862,627, a decrease for the year of $3,396,624; tobacco, r29,7i4,907 an increase of J1.0S7.009;. fermented liquors, Jd.640,617, an increase of $225,S29; income tax, 577,129; oleomargarine, $1,409,211, a decrease of 53.114.2C8; miscellaneous, $G31,oS3, an increase of $.'8,&54; total receipts from all sources, X 143,246,077, a decrease of J3.922.3n. The total cost of collecting the revenue during the year was $4,127,601, a percentage, as compared to revenue of 2.8S per cent., against 2.70 for the previous 3-ear. During the year, 3,309 violations of the internal revenue law were reported by revenue agents; 7S9 persons have been arrested; property valued at 340,9G." has been reported for seizure and $129,GC0 for assessment for unpaid taxes and penalties. During the same period, 1,727 stills were seized, 147 stills removed, 871 persons arrested, one officer killed and three others wounded. Commissioner Miller estimates that revenues for the present fiscal year will aggregate $165,00),000. The Commissioner recommends amendments to existing laws as follows: Provision for an allowance for losses In transportation of spirits to general bonded warenouses, so that general bonded warehouses shall be used only for storage of spirits removed from distilling warehouses, or from other general bonded warehouses in the same district, and for a charge of 25 cents for each package, or such sum as may be necessary to cover the expense of gauging. He also recommends legislation to enable distillers or owners of spirits In distillery warehouses to bottle the same for export in bond or for domestic use, under government supervision, after payment of tho tax thereon. The Commissioner also recommends that collectors of Internal revenue be authorized by law to keep records 01 the ownerslilp of distilled spirits in internal revenue bonded warehouses, such ownership of dlttllled spirits in internal revenue bonded warehouses to be evidenced by . warehouse receipts or by the Judgment of courts of competent Jurisdiction; also, that such a law. be passed as will enable the owners of distilled spirit? in a distillery warehouse or bonded warehouse to withdraw the fame on f ayment of the tax or for any purpose aithorized by law, and in case of dispute as to ownership or unadjusted claims on accoxmt of storage or other charges on the giving of an Indemnity bond by. the party other than the distillery applying to. withdraw. ' '. . Mr. Miller also recommends an amendment allowing the use of fruits other than apples, peaches and grapes for distillation; also, a provision that fermenters not, in use at distilleries may be closed and fastened in such manner as may be prescribed by the Commissioner of Internal Bevenue; also, provision that storekeepers. and storekeepers' gaugers who are assigned to distilleries whose registered capacity is twenty bushels or less shall receive such compensation as may be prescribed by the Commissioner of Internal Bevenue. not to exceed $4 per day, and also that bakers and manufacturers of yeast may make and have on hand mash, wort or wash flt for distillation. In the conduct of these industries, the quantity of such mash, wort or wash to be lixed and the purpose for which it is to be used to be strictly limited and defined. Commissioner Miller's final recommendation is that Section 61, of the act of Aug. 28, 1S94. allowing the use of alcohol free of tax by manufacturers, under certain conditions, be repealed. . A Draftsman Wanted.' WASHINGTON. Nov. 21.-The United States Civil-service Commission will hold an examination commencing at 9 a. m., on Dec. 10, in Washington, Philadelphia, New York, Boston. Pittsburg, Cincinnati, Chi cago, St. Louis and New Orleans to fill a vacancy In the position of mechanical draftsman in the office of the United States Light-house Board at a salary of $1,440 per annum. The subjects of the examination will be letter-writing, mathematics, mechanics, strength of materials, graphical statistics, metal construction and specifications thereof and drafting. The examination will require three, days for its completion. Applicants will be required to furnish the necessary Instruments - and drafting board for the work' in drafting. Those desiring to compete should write at once to the United States - Civil-service Commission for application blanks. Indiana Postof3ce. Special to the Indianapolis Journal. WASHINGTON. Nov.v 2L-The postofflce re?elpts,at Franklin, Ind., are now sufficient to raise that office to the presidential class, and the order will soon be issued by: the Postofflce Department. Indiana postmasters were ' appointed to-! day as follows: C. W. Itiflle, at Buffalo. White county, vice J. H. Malor.e, resigned; fc. E. Carmiekle, at Ceiina, Perry county, vice K. F. Edwards, resismej; William McWhlrter. at Dunfee, Whitley county, vice1 G. M. Singer, deceased; W. W. Sylvester, at Durbln, Hamilton county, vice S. It. Sylvester, resigned; Noah . Bergman, at Woodburri, Allen county, vice Henry Coi-c. resigned. '.Medal for Hruve Soldier. WASHINGTON, Nov. 21.-A medal of honor has been awarded to Jame C. Walker, late private Company K, Thirty-first Ohio Veteran Infantry, for most distinguished gallantry, in action at Mission Kldge on No 2T. le'63. - thin solder voluntarily carrying the remnant of a fiag in a charge in which the flag received eightyrine bullet mark and the staff tel. General Xote. WASHINGTON, Nov. 21. The President has appointed John T. Coman, of Oklahoma, receiver of public 'moneys at Alva. O. T. Secretary Morton left for the West today, expecting to be absent for about two weeks. His trip is one of recreation : and most of the time will be Fpent in, Chicago. it Is said that John L; Peak, the newlv ippolnted Minister to .Switzerland, has practically decided to make William It. Hereford, a New York newspaper man. formerly of Kansas City, his private .secrc:ary. Among hottl arrivals are Congressman J. P. JiKhtori, of St. Joseph. Ind.; V. Moore and J. A. Newell, of Indianapolis. The treasury to-day lost half a million In trolcl for export, which leaves the true amount of the gold reserve $S6,3M,Cw7. Refused the IreIden)-. Brooklyn Times. The following are the gentlemen who up to date have refused the Democratic nomination for President: Adlal E. Stevenson. William Whltnev. The following are the gentlemen who up :o date have refused the Ilepubllcan nomination for President: Ilnshnud'a Calcined Macrnenla. Four first premium medals awarded: nore agreeable to the taste and smaller lose than other magnesia. For sale only 'n bottles, with registered t ru le-mark label.

KDLING v ON INDIANS

XO mUT TO nEJIOTE CIVIL SUITS TO TUB r.MTEU STATES COVUT. Mr. Kufcenje Thompson AVantu n DivorceSay She Can Get 3Iouey from Iler Hunband Only.aa a florroirer. In the case of Henry C Paul against; Chllsoqule," a Miami Indian, Judge Baker yesterday ruled that as an Indian is not a citizen of 'the United States within - the meaning of the fourteenth amendment to the constitution, and as Congress has not given them power to do' so, they cannot remove a. suit from, a. State court, to the United States courts unless some federal question is involved The actionals pending in the Wabash Circuit Court, and Is for the recovery: of certain land which it is alleged ! the "defendant holds without right. The petition for removal charges that local prejudices will bias the decision in the State court. Judge Baker, in .his decision, says: "The petition avers that the plaintiff, Henry C. Paul, is a citizen; of the State of Indiana, and that the defendant, Chllsoqule, Is a Miami Indian and that, she has never exercised any right of citizenship in the State of Indiana, and that for many years the Miami Indiani have , been residents of and- maintained tribal relations in the State of Kansas, and that she has always been . recognized both ,by the chiefs and by the head men of "the tribe, as' well as by the government Of the. United States, as a member of said trlberand that she is not a citizen of the' State of .Indiana, and that at the time the' tribe' was removed' from the State of Indiana tp the State of Kansas, she having been married to Francis Kevarre, remained in the State of Indiana, and that she has never - removed therefrom. There Is no statement in the petition that she is taxed or taxable. "The counsel for. the petitioner maintains that the Miami tribe of Indians has been recognized by; the government as a state or nation; having the right to. make treaties, to carry. on war. and to perform other ordinary governmental functions; and that the defendant, as a citizen or subject of that tribe-or . nation, has the right to remove any civil-controversy into the United States courts. "Tho defendant is not a citizen of the United States. The courts have already decided (Elk vs. Wilkin,: 112 U. 8., '94); 'Indians born within the territorial limits of the United States, although in a geographical sense born In the United States, are no more 'born in -.the United States and subject to the Jurisdiction thereof, within the meaning of the . first section of the iourteentn amendment than the children of any subjects of. ajiy foreign government, born within; the domain of that government, or . the. children, born within the United States, of .embassadors or other puollc ministers of foreign nations. While it would seem,. since Indians are members of a dependent 'domestic "tribe or nation, and are regarded ns'. wards of the national government, that the courts of the United States .ought to have Jurisdiction of civil suits by or against them, it suffices to say. that no such Jurisdiction' has been conferred. Congress has not seen fit to confer upon Indians, as such r the right to prosecute civil suits in the. United States courts, or to remove them from the courts of the State into such courts, simply on he ground that they were Indians, ,As the law is now settled, an unnaturalized Indian cannot remove a civil suit - brought against him In a court of the State into -the courts of the United States, unless it affirmatively appears on the 'face of the complaint or declaration that-'a federal question is necessarily Involved.! 7 "The petition is, therefore, denied, AS A BOBIIOAVEII, ,OXLY,; . Can Mrs. Thompson Get Money from Her Ilnnband-Aaka a Divorce. - Eugenie P. Thompson, al well-known music teacher of Indianapolis, has petitioned the Marion Superior Court for a legal separation from her'hus'oand, Claude W. Thompson.. In 'acompla,$ffled .yesterday. Mrs. Thompson charges .her husband with nunier ous violations of the promises made at the marriage artar. - . . ? The plaintiff 'eays whe. was married to Claude W. Thompson, April SO, 1877, In Wayne county,' Indiana. They came to Indianapolis shortly" after their marriage and have since lived here. For some time they occupied rooms at No. Y2 North Pennsylvania street. Thet plaintiff Bays that for a long time she has t been compelled to rely upon her occupation as a teacher of the piano a3 a means of support. For more than two years slc has purchased all of her clothing out or har earnings and she says that during-hcrfourteen years of married life her husband'6 contribution to her wardrobe has. been of the most meagre character. Once he bought her a "circular" and another time loaned her $10 to make a payment on a cloak she had purchased. Although .possessed f - ample . means she charges that he has failed to make reasonable provision for her daily sustenance.' The food furnished by him for the table waa insufficient for her, wants. In the performance of her duties as a teacher she was compelled to undergo a great deal of exertion and could not xlV.on a limited supply of The complaint further charges that the defendant ' was indifferent to his wife when she was 111. If she required a physician her husband would refuse to pay any part of the charges. She had .to live in cramped quarters that were unpleasant on account of the surroundings. At times when, by reason of lllneas, she was unable to earn money ie would borrow small sums of the defendant. He would afterward compel nor to repay him out of her;. earnings. At length, recites the complaint, the plaintiff believing hat she would break down because of the lack of care and proper provision for her comfort, decided to leave the defendant and did "o The Thompsons have one daughter, whb is living with her mother. Edith Fleming ha sued Lincoln Fleming for divorce. The defendant, she says, deserted hfr in 18S9.-a year after their marriage. While they dived together he kept irregular hours and would absent himself from home for weeks at a time. Nellie Loy wants a divorce-from Charles Lor and charges, as grounds for the separation, that the defendant conducted himself improperly with Mattle Eads. MUM. JIV.VTT. CASK nKCALLED. Her Judgment Aaralnut Albert Tucker for fC.O04J.AClrmed.. In the Supreme Court yesterday the case of Imogene Hyatt v?. Albert Tucker, from Miami county. In which she. secured a verdict of $6,000 for breach of promise, was affirmed. On the - trial . in the Miami court Tucker pleaded . a release, claiming that Mrs. Hyatt, for.a.conlderatlon of ?300, had signed away her right to all other considerations. This case, it will be remembered, has an Indianapolis' ena. Mrs. Hyatt is a woman who was arrested here in a house on South Mississippi' steet with a man whom she had mn only a -short time before by detective Gradj. of the Big Four, and patrolman Simpson. For his participation tn this affair patrolman Simpson was dismissed from the police force. At that time it was claimed by Mrs, Hyatt's friends that he was the victim ot a scheme by which It was expected to obtain damaging evidence against her for use in the trial of the breach of promise case. Although arrested under very suspicious circumstances, with a tranKe man. her case excited a Rreat deal of svmpathv here. The arrest was made after midnight.' Patrolman Simpson was on 1av duty, and he was at home asleep, according to his testimony, when detective Grady called for him and asked him to make the arre?t. Instead of referring the detective to the police station, or to ?ome of the night patrolmen, Simpson dressed and walked a mll to make the arrest. It was this circumstance that was strong enough igaln?t him to cause his dismissal. He and letectlve Grady have always claimed that .hey were as much victimized in the matter i as any one. IlACitJAGEMA.V WANTS 2Mk0. Claims He Was Injured through CnrelcMtmeM of a Telerph Operator. A heavy railway, damage suit, arising rom the alleged error of ji Vandalla tele;raph operator, was -'filed '-In the Superior 'curt yestfrday. The plaintiff is' Ezra B. Storms, a bagpagemaster in the employ of he Terre Haute & .Indianapolis railroad, torms is suing tbo company on account of 'njuries suffered In a ; collision at Terre laute. The accident happened on the night if March 19, 1S35. while train No. 7 was unnlng fifteen minutes late between this eltr and Terrc Haute. The ttsln Wt the

Union Station at 11:L o'clock, with the defendant In charge of the basgage car. It Is alleged that when the train arrived at Brazil the conductor was authorized to proceed with his train to Terre Haute. The plaintiff avers that about the time No. 7 was running under the order of the dispatcher and endeavoring to make up its lost Hme an engine and two cars left the yards at Terre Haute and proceeded eastward on the main track, its crew having been negligently informed by the yard operator that No. 7 was behind time and that It would be safe for the engine and two cars to proceed eastward. As a result of the Information, It is alleged, the "special", came? Into violent contact with No. 7. The defendant says that he was sorely bruised and injured In. the wreck, and will never again be able to pursue his vocation. He demands rWA) damages and other proper relief. XEW QIESTIOX ix liQLITV. Contraet to Hefrnln from Dolna lluI new Void If Too Extensive. A peculiar point was-decided by Julge Jordan, of the Supreme Court, yesterday. It Is the first time the question, has ever been passed upon iu this State. It was in the case of the Consumers Oil Company, asainst . Nennemaker. , An oil business being conducted at LaPorte was sold and the seller entered Into an agreement that he would not again enter the same business In this State. Later he began business and the purchaser attempted to enjoin him. It was shown that, although his new business was within the State, it was outside of the circle of trade held by the LaPorte company. Judge Jordan held that such a contract Js against public policy where entered Into , for a territory not covered by the business that is bein sold, and that as the new business was not within the territory of the 611 the injunction could not bo granted. Police Court Cases. .. H. C. Bruner, proprietor of a store at Illinois and Seventh streets, was fined In Police Court yesterday for assaulting Hercules Smith. The latter walked into the store one day when Mrs. Bruner was in charge and asked: "Has any one whispered in your ear." Mrs. -Bruner told this to her husband and the next time he met Smith there vras trouble. Smith told the court , that his words to Mrs. Bruner were innocent and only Indicated that, he would like credit for some purchases. . William Hltchfleld. for riding a bicycle without a light, was lined a dollar and costs. Against Cnttlnir Timber. ' Judge Harvey, of the Superior Court, yesterday issued an injunction which will prevent William Beasley from cutting trees off the "farm of Iradell D. Sawyer. The latter owns a farm near the city. White river runs through his land, and he alleges that his neighbor Beasley has been cutting the timber that skirts the stream. A temporary injunction was granted until Nov. 20. - For Itobblncr a Postofflce. George Bode 11 and William Sackett were convicted of burglarizing . a postofflce at Emma, Elkhart county, in the United

States court yesterday and .both received penitentiary sentences. 1 Florence Wilcox, charged With violation of the internal revenue laws, was fined fit) and costs. Oliver Budd, of ; Terre Haute, was fined for the same offense. Aaka f 5,000 Damages. - John B. Benard brought suit yesterday for damages against Edward B. McComb, the proprietor of a' flouring mill on Eagle creek. . The complaint nays that the deferidr ant has been maintaining a defective dam in the neighborhood of the plaintiff's farm. He wants 15,000 damages. Will of Desire Edson. The last will of Desire Elson ..was probated yesterday in the Circuit Court. A large part of the estate goes to Francis E. and Willis D. Engle, nephews of the testator. The remainder Is divided into cash bequests. THE COURT BECOBD. Supreme Court. 17330. Oil Company vs. Nunnemaker. Lake C C. Affirmed. Jordan. J. 1. A contract iu general restraint of trade is invalid, but one restraining a party from trading within reasonable limits is valid and may be enforced by injunction. 2. The law regards the good will of a particular trade as a Bpecies of property... S. When a person sells or disposes of the good will Incident to his business! the law- t ill. sustain only euch a restraint on his future, engagement in such business as will' appear to be a reasonable space of Interdicted territory, and it Is a Question for the court to deter--mine what the reasonable limit is. 4. The law is hostile to the creation of monopolies when they tend to impair the interest of the public. 5. Whatever is injurious to the public good is void on the ground of public policy. JTStiS. Tucker .vs. Hyatt. Miama C. C. Affirmed. Howard. C. J. L Any writings admitted to be genuine or which are properly in the case for any purpose may be used by way of comparison to prove or disprove the genuineness of the -writing in dispute. 2. A woman's competency to enter into a marriage contract will be presumed in the absence of averment and proof to the contrary. 3. Where a person relies on a matter in . bar he must plead It specially. 17598. McGrew vs. Kitch. Huntington. C. C. Dismissed. McCabc. J. A person cannot prosecute an appeal and thereby seek to reverse a judgment the benefits of which he has accepted, voluntarily and knowing the facts. 17280. Coats vs. Gordon. Steuben C. C. Reversed. Hackney, J. 1. A married woman can only be estopped by her own representations, statements or affidavit which have in good faith been relied upoji by the contracting party. 2. A person accepting a mortgage of a married woman is bound to. make inquiry of her or from some source that will bind her as to her Interest in the lands, and thereby acquaint himself with the facts upon which his action may be taken and upon which be may assert that diligence required of him who pleads an estoppel. Appellate Court. 1906. Natural Gas Company vs. Baker. Madison C. C. Affirmed. L Instructions,, to become a part of the record, must be made so by a bill of exceptions or filed with the clerk as a part of the papers in the case. 2. In order for a person to avoid paying for work not properly dono he should refuse to accept it. 1S0S. Harnets vs. Boss. Howard C. C. Affirmed. Davis, J. Where an answer was stricken out by the court it will be no part of the record, although copied therein by the court. 1G34. Warner vs. Barden. Fulton C. C. Affirmed. Lotz, J. 1. Where the statute which confers a right also prescribes tho manner in which it is to be secured. th failure to assert the right at the time and In the manner prescribed will be deemed waived. 2. No objection taken by demurrer and overruled shall be sufficient to reverse a judgment If it appear from the whole record that , the merits of the cause bave been fairly determined. S. A person is entitled to his exemption In attachment proceedings. 1950. City Cf Bedford vs. Parker. Lawrence C. C. Dismissed. 1706. Manufacturing Company vs. Vice. Tipton C. C. Belnstated. Superior Court. Boom 1 John L. McMaster, Judge. P. Cosley vs. H. J. Armentrout; notes. JuJgment for plaintiff for $071. Guarantee Savings and Loan Association vs. George Matherly et al.; foreclosure. Dismissed and costs paid. Carlos Dickson vs. Henry T. Conde et aL; contract. Judgment on demurrer for defendant, i L. A. Fulmer et al. vs. Laura J. Cloud et al.; foreclosure. Dismissed and costs paid. Boom 2 Lawson M. Harvey, Judge. Minnie Dillon vs.. City 'of Indianapolis; damages. On trial by Jury'. . Boom 3 Pliny W. Bartholomew, Judge. Eliza Steeb vs. St.. Bonlfaclus Catholic Life Insurance Company; policy. Dismissed and judgment against plaintiff for costs. William P. Frieb vs. Mary J. FriPb; divorce. Finding In favor of defendant and decree granted defendant on her cross complaint. Frank Duffle vs. Albert A. Womack; habeas corpus. Petition refused and petitioner remanded to custody of sheriff. John F. Edging vs. Jamex F. Hill; mortgage. Finding and Judgment for plaintiff aga.VJst defendant James F, Hill for $5,607.43. Circuit Court. Edgar A. Brown, Judge. Jamer A. Wiliman. Trustee, vs. Charles T. Karrer et al. Trial by court and finding In favor of plaintiff in the sum of S!!3 and decree of foreclosure. Ella KUbourr.e v.. William Johnson's Estate;. claim. Trial by court. Allowed In tha sum of $19.47 and costs. C W. Ixng vs. The Estate of Troason Dalley. deceased; claim. Trial by court. Allowed in the rum of ffx. Xerr Sulfa Filed. Ezra TL lorms vs. Terr Haute Sr Indianapolis Bailroad; suit for damages. Demand. .00rt. Superior Court, Room 2. William J. Hayes et al. vs. Marv j. Kanips; suit to foreclose improvement bond. Superior Court, uoom 1. Eugenie P. Thompson vs. Clande W.

Thompson; suit for divorce. Superior Court. Boom 3. Nellie B. Loy vs. Charles V. Loy; su'.t for divorce. Superior Court. Boom 1. Henry Stumph vs. Elizabeth Miller; suit on account. Superior Court, Itoom 2. Lamprcht Bros. Company vs. D. J. Stiles; suit to foreclose Improvement bonds. Superior Court, Boom 2. Henry Horstman vs. John H. Bodewali et al.; suit on note. Superior Court, Boom 3. Iradell D. Sawyer, vs. William Beasley; complaint for injunction. Superior Court, Boom 2. Robert Keller vs. John South; suit on note. Superior Court. Boom 2. Elijah B. Martindale vs. William A. Hamilton et al. Superior Court. Boom 1. Lamprecht Bros. Company vs. J. T. Beasley; suit to foreclose improvement 'jond. Superior Court. Boom 3. W. J. Hayes et al. vs. B. Randall; suit to foreclose improvement bends. Superior .Court, Boom S. Lamprecht Bros. Company vs. T. K. E. Larson et al.; improvement bond. Superior Court, Boom 1. Lamprecht Bros. Company vs. L. B. Martindale et al.; improvement bond. Superior Court, Room 1. " ' Lamprecht Bros. Company vs. L. Brandenburg et al.; improvement bond?. Superior Court, Boom 1. Priecllla F. Wlnsate vs. John T. Linthlcum et al.; suit on note. Superior Court, Room 3. ' m Alfred B. Flelschmann vs. M. . Marshall et al.; suit to foreclose improvement bonds. Superior Court,, Room 2. Edith Fleming vs. Lincoln Fleming; cult for divorce. Superior Court, Room Robert Keller s. Joseph Ludwlg; suit on account. Superior Court. Boom 1. Jehiel B Hampton vs. Charles F. Burton; suit on account. Superior Court. Room . John B. Renard vs. Edward B. McComb; complaint for damage. -Superior Court, Room C. , " ' . . Sarah E. Gregg vs. Mary F. Durbon et al.: suit on note. Superior Court, Boom 1. JIB TOKE UP MOSEY.

The Kxpeetaitt Crowd Waited for It to ne Scattered, Iwt In Vain. A ' well-dressed old gentleman of portly bearing emerged from the Denlson Hotel yesterday afternoon carrying a roll of paper money in his hand. He.' was slightly under the influence of liquor, and attracted considerable attention by his actions. When he reached the sidewalk he stopped for a moment and contemplated tho bills In his right hand. With his left hand" he slowly and deliberately tore the bills from end to end. They were of denominations running from $3 to $20. Ther was apparently $20 or $.T00 In the lot. Folding the strips together, he tore them crosswise. By- this time quite a crowd had gathered about him. and stood watching nlm with considerable surprise, and more than one eye glistened with silent envy of a man who could deliberately destroy so much wealth. After tearing tne bills across the second, time he crumpled them up In his right hand and raised his arm aloft as though he were about to hurl them into the street. In an Instant the crowd separated, and every man was ready to pounce upon the torn fragments as soon as they should leave his hand. He thrust his arm forward suddenly, and there was a wild scramble In -the crowd, every' man eager to capture the torn bills. Hut they never loft his hands. Instead of throwing them away, he quietly dropped the , pieces In his overcoat locket, and, with a loud laugh at the expense of the discomfited spectators, ambled up Pennsylvania street. The spectators looked into each other's faces with silent chagrin, and then, without uttering a word, slunk awaj PERSONAL AND SOCIETY. Mrs. E. K. Wetherald and Mrs. George K. Trask are visiting at Wabash, the guests of Rev. G. B. Vanarnsdal and wife. Miss Dora Kiefer will entertain a number of her friends at luncheon Saturday and later with an Informal dance. Mr. and Mrs. Charl?s 1L Tlllson and son Warren, of San Francisco, are visiting Mr. and Mrs. E. S. Swift, on Grandvlew avenue. The plajr to have been given this evening at the Dramatic Club, has been postponed till Dec. 2, a week from Monday evening. . Mr. James H. McNeeley, proprietor of the Evansvillc Journal and ex-postmaster, is in the city for a few days, the guest of State Treasurer Scholz. Mr. and Mrs. T. H. Noonan gave a handsome dinner party last evening, the suest of honor bving Mrs. Bensbug, of St. Louis, who Is vi3ltlng Mrs. M. B. Fletcher. Judge and Mrs. A. D. Thomas, of Crawfordsville, were here yesterday to spend the day with Mrs. Peirce's guests. Mr. and Mrs. Peirce srave a luncheon at noon for the party. Rev. and Mrs. Faude and daughter and Mr. and Mrs. Dodge will return to their home In Minneapolis Friday. , . Sullivan Hllligoss, chief of tho probato department in the office of the county, clerk, was married at S o'clock last night to Miss Nellio Collier. Tho wedding occurred at the home of Mrs. Frank V. Armstrong, So. 3l8 Broadway. The pastor of Lincoln-avenue M. E. Church officiated. Mr. and Mrs. Hilllgoss will reside at lrvington. Yesterday was the birthday anniversary of Mrs. Mary A. Dumont and her daughters. Mrs. David Uraden. Mrs. Harry E. Drew, Mrs. J. W. Williams and Mrs. Bobert Springsteen, invited fifty of 'her old friends to spend the afternoon with her informally. At 4 o'clock all the guests were seated at small tables, which were decorated with four large chrysanthemums, which were the guest favors. Luncheon was served. ROCKEFELLER STILLMAN. NEW YORK, Nov. 2L Miss Elsie Stillman, daughter, of Mr. James Stillman and William . G. Bockefeller, p"on of William G. Rockefeller, the Standard Oil -magnate, were married this afternoon at 3:30 o'clock. The ceremony was at St. Bartholomew's Church and Bishop Potter officiated, assisted by the rector. Dr. Davit IL . Greer. In comparison with the recent weddings in the Vanderbilt and Whitney families to-day's was rather unostentatious and less distinctly an event for fashionable society. The church decorations were not elaborate, though rich. In. the center alsde were three bunches of palms, while a bunch of chrysanthemum was fasteiifd to the end of . each. pew. The chancel was decorated with . palms, chrysanthemums and Fmllax. The bride entered the church on the arm of her father. She was preceded by the ushers, John D. Bockefeller. D. Hunter McAlplne, Walter BMss. Blchard von Wyck, Oliver Jennings, Jaa. A. Stillman, Jr., and Evart Macy. Then followed the bridesmaids. Miss Ifabel a Stillman. the bride's sister. Miss Bockefeller. Flster of the bridegroom. Miss Annie T. Morgan, Miss Caroline Morgan, Miss. Edith Morgan and Miss Edna Darker. The ceremony was solemnized with a full choral service and the wedding march from Lohengrin was a feature, the musical programme being under the supervision of Dr. Warren, t organist of the church. Tho bride was attired In white satin trimmed on the corsage with point la-e applique. Her veil was of. tulle, edged with a deep border of point lace. She carried a prayer book instead of a bouquet. The bridesmaids were costumed in &ons made in the mode of Louis Selz. The skirts were of white silk, the coats of white brovad. figured with pink and finished with pink velvet belts and collars. The vests were of white tulle. Their hats were made with Tarn O'Shanter crown? of white brocaded silk with black velvet brims, trimmed with six black plumes. After the. wedding a reception .was held at the residence of the bride's parents, where Mr. Rockefeller and his bride received under a bower of palms in the drawing room. The bride's family save her pearls and the bridegroom's dUinnd. Mr. Bockefeller' gift to his bride was a diamond brooch. The bride's father gave her a houso on Madison avenue. -Among the gifts were silver vases from President Cleveland and Secretary Lamont. CRABBS GABDNER. Special to the Indianapolis Journal. CB AWFORDSVI LLE, Ind., Nov. 21. At the home of the bride's parents, last evening, took place the marriage of Tully C. Crabbs and Miss Erne Gardner. The officiating clergymen were Rev. Claude Travis, of Frankfort, and Rev. Dr. 1-eeoh. of this, city. The bride wore creme rnolrt- crepe, pearl trimmings. Among the gums from abroad were Mrs. Stephen Clark. Mioses Ida Joudry and Jessie Fry, In-iianapoli; Mrs. L. O. Thomas. Chicago; Claude Gardner. Russellville: Misses Queen. Grace and Myrtle Allen, Grcencastl; II. W. igmond and Gray Potter, Jefrcrsonvi'.le; Capt. J. N. Fmiley and wife, Grcenrast'.e. HENLEY OVERMAN. Special to the Iniiinapolis Journal. CARTHAGE. Ind.. Nov. 21. Je!e Herley and Jennie Overman were married lar night at the residence of the bride's father. Mr. Oliver P. Overman. Tho Rrv. J. A. Sargent, of Hall-plice M. E. Church ci Indianapolis, performed the ceremony. Only the immediate relatives were present." From out oC the city there were present C. O. Nixon, wife, daughter and so:t; James Ball and wife, Mrs. Dr. Frank Hackleman. of Bushvllle: Professor Edwin Trublood and wife, ot Richmond; Lee Nlxoa and

adies'

ailorMade Jguits... We have 382 Suits, all this season's stvles, - ml ' mostly silk-lined, boxcoats, and 5 to 6 yards all-lined skirts, which we will offer at Special Two Days' Sale ToDay and Saturday At Less than The Price of Making 19 Suits, regular prices SS.oO and S?.00; to-day and Sat urday .... $3.75 42 Kecfer Sud regular prices ?rJ.&0 to ai2.r0; to-dav and ratJlay $5.99 1T lteefer Suits, regular prices .Bw0 and 17.00; to-day and Saturday.. $7.50 111 Heeler Suits, regular prices SIS, .?20 and 6irJ.5u; to-day and Saturday $10.00 84 Novelty Suits, handsomest goods lo be found in the city; - regular prices SJ7.50 to 815. To-day and Saturday.. $15.00 I 2Q1 Suits is a jood Urge Slock, yet there VUL ls a,wlys choice even in the best of stocks. .... Coino Eiu'Jy. '' H. P.Wasson&Co. Albert Henley and wife, of ' Indian jpol:. Th bride and groom will live at thtlr country home near the city. HENLEY OVERMAN. Special to the Indianapolis Journal. RUSHVILLE. Ind.. Nov. 21. Jcuse Henley, the lumber deader, of Carthage, and Mlas Jennie B. Overman, of the same town, were united In marriage at the home of the bride's father, Joseph P. Overman, lat evening, at 7:30 o'clock, the Rev. J. A. Sargent, of Bidlanapolls, officiating. The bride Is one of the leading young women of Carthage, and the groom Is a member of the well-known family of Henley, of Ripley township. The couple went to housekeeping on, Mr. Henley's farm, near Carthage. DILLON MATHER. TV . LONDON. Nov. 21.-Mr. John Dillon. 'the well-known Irish leader and anti-Paxnellltt member of Parliament for Ejst Mayo, "was married this morning at th Oratory, Brompton, this city, to Miss Mather, daughter of Justice Mather. Aftcr the ceremony the Bishop of Gal way read a telegram Irom the Pope bestowing bis blessing upon the marriage. ' ' . ', All VALOREM :TI!-:V-Ilellef thnt the ovent'ine In loIucr JK 100,000.000 n Year I ndrr the I.aw, W. E. Curtis, in Chicago RccorL. The merchants of New York,, represented by the Chamber of Commerce," propoe to petition Congress tor a revision of the tariff laws restoring s:eciflc duties upon all imported goods in order to avoid the undervaluations that are now generally practiced, and can scarcely be? preven u-d so long as the ad valorem fy.tem is in force. Thte undervaluations not only deprive the government of a large amount of revenue to which it Is justly entitled, but they demoralize. trade. Ad valorem dutlf are a temptation to dishonesty, and enable dljhonet dealers to undersell those who are conscientious and scrupulous in complying with the requirements of the law. A pro.r.liient importer told me yesterday that he believtd there had. Ik en enougn money Kolen from the government by means of fraudulent invoices since the taiifT bill of li.H wa passed to cover the entire delicti in the public revenues, and that it would aaiouit to 1W,.000 a year. "Anyone who will compare th bulk of goods imported under the al valorem mtem and the bulk Imported under the MoJvinley law and then compare the value Of the same gcods a returned in the consular Invoices will r:e-d no furiher evidence to convince him that si&antic Iruud have been perpetrattd by undervaluations in consular Invoices. Mot of them are committed through the aid of alien agents of foreign manufacturers doing buMncs in the city of New Ycrk. They u2e senl 0v r here fur that purpose. We have always been troubled that way more or Ir.s, i,"jt thc.Qc pornon have Inert ;il v ry larHy by number lnce the pifr.n of" the la.-t tariff bill' In which the ai valorem yt'u was adopted uiwn the reer-mrncndatioM cf Secretary Carlisle. Mr. WiNon and o'.h.-r theoriFt over the pr-ttcst of practical men who have had ' actual experience in the trade. It is all very nice in theory that the duty on imported articles should bo reduced a those articles ilt j:rf:Litc la value and bo Increased as pn.cw 83'ttp. but like the. golden rule'Jt MvUjhuI poi a fale assumption that all'mvu'arc c(pu!!y honest." ' i. V ' This recommendation MiH he-in-!o"d by the general appraiser in New York, , who understand better than anyon? the. r.f-e-. . tdty-of fin amendment to the law $i1-reai lte thftt thi necessity Is liirreafint; aft ihe foreign bushier of the country) con-un ied more and more-on a.co!iinmit !. Consigned; goods are Invariably dnvuiv i by exporters, at .less than tb!r actual .u', and the Aery vyrtem . makes, it dittiru't for the apprairers to ten o asi-ert-alu; .th truth. It Is much easier to-accrtahi the' cost and value of oi-n--niarKet nar-.fr. foe the "appraifemt nt of conpljcnvd Roods i dependent merely ujion th -affidavit cf ibf manufacturer." whoe busir.Fi m-crcts ate not open to inve-tl-jatlon The difficulty In securing a change in the law, however, is going to be in the fact that the Petm cratlc party has committed Itself to the ad valorem ytem loth by the action of Ccngre. and the recommendations of the executive. The Republican party In Conprers was convinced of the necessity of ."potflk" duile by a thoroush investigation made by Sena tor AMrleh some years asro. which showed that undervaluations were not only frc-' quent. but common and result r, wherever ad valorem duties were Imposed. Tle lOnr iinn I'rPKnurr. Ihtre is Ptlll complaint of a low jraa pressure over the city, but the Ras com panics are hopeful of an lcree in th supply. Since the present coll !r,ap fet li the Indianapolis Oas Company hf-s refused a great many applications for service. Mm if liierleiice. Washington Post. Mr. Murderer Holme shcu! I encage older lawyers, who are not In the habit ot beinr caught in the act. 'Andiron and Iron Linings. J?io. M. UV.y. (Ll If lift vr i MANITOU

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