Indianapolis Journal, Indianapolis, Marion County, 27 November 1895 — Page 6

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THE INDIANAPOLIS JOURNAL, WEDNESDAY, NOVEMBER 27, 1895.

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HINES-Mr. A fM .1 V.. wife of Fletcher S. H!n. Ut Monday evening, from Dean failure. Funeral services this afternoon at 2 o'clock from the family residence, nar MIllersvlKe. by rtv. F. E. Dewhurst. iJuriai at Crow n I Hit Cemetery. SNYDKK-DIetl. at h'.s late residence. 17 Home avenue, IniianapoliR. on Monday, Nov. 2T., David i:. Snyder. In the eeventyflrst year of his ace. Funeral from h't. Paul's Church this (Wednesday) afternoon at 2 o'clock. ALLEY Ileteeca. widow of Tie v. David Alley. aced ninety years, died last evening at residence of her daughter, Mrs. i;. A. Vance. 222 South New Jersey street. Notice of funeral later. f A-!fAnrlnt Arretted Scottish Itlte. The brethren are requested to meet at thi rooms of tho Ttlte this afternoon, at UP) o'clock, to atteni the funeral of our latn brother. Uivl 1 I. Fynder, 72 deif. N. It. RUCKLE. Zl dear.. T. V. G. M. JOri. W. SMITH, 23 deg., Secretary, NOTICE B. of L. E--Jo-ephlne McCauley, wife of nro. Chas. McCauley. of 13 South Noble street. Funeral Thursday at 1 p. m.. from lxth Christian Church, corner of Elm and Pine streets. Friends Invited. Services t home private, friends can view remains at church. MOC'IKTY MKKTIXCSH. MAvinrsriC Anrlent AcreDted Fcottlsh HUe. Meetln.tr of Adonlram Grand Lodae of perfection thl (Wednesday) evening, at 1'2f) o'clock. In Ajtyium or I la per Commandery. No. 1. K. T. Conferring the fourth, fifth nd sixth grades. N. It. KECKU:. Si deff., T. V. G. M. JOS. W. HMITII, 23 de.. Secretary. STIIAY1ID. tfTRAYED Two-y-ar-old colt bay and iprlnK colt bay. Notify JOHN SAUGKNT. I-iwrence, Inl. Reward. FIAM I l. Fi.SANClAl Florida Seal C!gar. LAJAN.S Mcney on mortgages. C F. SAYLKS, 'S East Market Btret. FINANCIAL Larxe loans at per cent, on bualnesn property. THOS. C. DAY & CO., 72 East Market street. FINANCIAL MortKase loans. Six t per cent, money; reasonable fees C. tt. WAU IUJUTOX. 'Ji. lmburd Ilulllln. LOANS Sums of and over. City property and farms. C, K. COFFIN & CO.. W East Market street. MONEY To loan on Indiana farms. Lowon rates, with partial payments. Address C. N. WILLIAMS &. CO., Crawfordsvllle, Ir.d. MONEY TO LOAN-On farms at the lowest market rate; privileges for payment before due. We also buy municipal bonds. THOrf. C. DAY' A CO., 72 East Market street. Indianapolis. - LOANS Six per cent, money on Improved real estate In this city only. (No loans made outside.) Rorrower has the piivlleri of prepayment semi-annually. No delay. Reasonably fees. JOHN S. SPANN A. CO.. 86 East Market. vati:i A(ii:vr. AYATmAOEN WANTED Apents mak iZ dally: marvelous invention; retails & cents-; two to six mi In a house; sample mailed free. r FOltSHKE & M'MAKLN. Cincinnati. O. AOK.N'TS A snap for you; r.5 weekly: 15,000 yearly. No experience required; failure Impossible. Our scheme a new one. Particulars free. Address I. O. Pox KC8, Boston. Mass. WANTED Treasurer opera company immediately; must make cash deposit of $W, , fully secured. Call at No. 9, Castle Hotel. WANTED Seven or eight-room house, furnlshfMl or unfurnished; modern Improvements; centrally located. Apply 7i East Michigan street. - WANTED MONEY. MONEY. MONEY, Loaned on Furniture, Pianos. Etc., In Bum of 10 and up, and on time to suit borrower and at lowest rates. Business confidential. SECURITY MORTGAGE LOAN CO., Room 207 Indiana Trust lildff., cor. Washington Kt. and Virginia Ave. Entrance on Washington St. FOR II EXT. TO LET Newly furnished parlors; bed or folding bed Tor back parlor: oak mantel; Axrnlnlster carpets, all modern conveniences:, location north and central; private family; no children: rent reasonable: references exchanged. Address C. IS, care Journal. uiANK.xiiv i.nu iiARKET The ladlea of St. Paul' Church will bold their annual Thanksgiving Market on Wednesday, Nov. 27. from 8 a. m. to 6. p. m.. in th new Parish Home in tho rear of the church, corner New York and Illinois streets. MISCRLLAXKOr. MISCELLANEOUS Florida Seal Cigar, Perfecto work. FOIl M.U,R. FOR SALE Florida Seal G-cent Cigar. SOT ICC The board of control of the Central Indiana Hospital for the Insane will receive sealed projHJsals up to Friday, Nov. 21), at 10 a. ra., for turnlshinp a full line of supplies for the month of December. Requisition book will bo on file at Room 43, Statehouste, from and after Monday, Nov. 23. im. Ry order of Hoard of Control. Offlce of Indianapolis Clearing House Association, . Nov. 26, 1VJ5. The Associated Ranks of Indianapolis will be closed on Thursday, Nov. 23, Thanksgiving day. Paper maturing on that day should be attended to Wednesday. Nov. 27. FREDERICK. RAGCS. Manager. DAILY VITAL STATISTICS -30V. 26. Dentin. Cornelia A. Ruby, twenty-one years, C Bhrier avenue, consumption. .Mabel Rogge, live years. 12S Ruchanan treet, croup. Elmer Storms, eight years, 13 East McCarty street, typhoid fever. Harmon Everett, elghty-flve year?, 1Z Excelsior avenue, pneumonia. 0;car Relnhard. five months, 20 East Morris street, catarrh. Jarrard D. Wllgns, twenty-four years, XSt Howard street, gastric ulcer. Illrtlis. John and Katie Vonspuckelson, 37S Highland avenue, girl. George and Anna Smith, 27 Villa avenue, boy. Martin and Ellen Connor, Z'ii Rates street, boy. Mark and Delia. Fitiirerald. 4I Deln treet, girl. Joseph and Emilia Sanger, l0 Summit street, Doy. John P. and Mary Fries, South Delaware street, boy. William and Amelia Quack. Harlan street, boy. William and Emma Sunnyflcld, Jefferson avenue, girl. Harry and Minnie Denker, 121 Linden treet, boy. Logan and Sarah Montgomery, city, boy. MnrrlnRe Ureases. Henry C. Mooro and Ella Vohrmeder. Thomas Kano and Mary Meehan. tit-urge E. Coston and Minnie Woods. !harlr,s Kr.arzcr anil I)utja Decider. Jlarl Oxden ilitlock and Lela Rice. John lla.non and Eva M.irv Shnmnlrr EdwanI N. Porter and ifattle GertruJa Run ly. Ellis F. Smith and Emma I Hornaday. .Robert H. Strojse and Elizabeth Johnson. Cyrus E. Helzer and Mary E. Wolf. Amnteur Sjinrrmr Mhuot. The third yearly contest for the amateur sjarrow championship of the United Slates, under the auspices of the North End Gun Club, will be hel I this morning on the n v grounds of the Umlted Gun Club, neir the fair grounds. It will last all day. The person making the best average will lie presented with a gold budge. Dr. J. A. Martin Is manager of the aff.Ur. Tho LlmItej Gun Club will have en ull-day shoot on Th tnksglving . llufldtiij; Permits. George Masonne. frame addition, 2S; lrrok?Me avenue. Mrs. Frank Tu'.man', frame nouse. Hazel ftt(t, UJ). W. 1. Pryant. frame cottage. Wells Ve4knejs Is the symptom. Impoverished Mi-d the cause. Hutxi'n Sarasaparllla the cure. It maues the weak stror.:.

VICTORY FOR BURKE

NEW YORK COl flT op aipi:ai.m I CIDES AtiAI.NMT J. J. IIELDE.V. Opinion of the Supreme Court He Tersed An Old l'ne Involving; $,fMK),0OO, In n etv Form. The New York Court of Appeals has de cided In favor of the Central Trust Company in the suit of James J. Relden and other bondholders of the Columbus & Hocking Valley .railroad to recover S.000,000 said to have been misappropriated by Judge Stevenson Rurke and his associate directors. The decision of the general term in favor of Helden Is reversed and that of the special term, dismissing the case, affirmed with costs. The suit Involved bonds of the railroad company Issued In 11 and secured by mortgage to the Central 'Trust Company. Mr. Relden sued as the holder of p),000 of the bonds for reimbursement, the bonds having fallen greatly In value since his purchase of Ihem from iWInslow, Lanier & Co., that other bondilders similarly situated who chose to Join in the action be granted similar relief and that a covenant for the use of the bonds be enforced. Charges of frauJ and of violation of trust were freely made by Mr. Jlelden and the Supreme Court decided In his favor. The court failed to sustain the point that men who purchase corporation bonds secured by mortgage on corporate property are entitled to have that security sustained and protected by the courts. The Agreement Greatly Modified. A railroad official who has kept In touch with the movements of the presidents in tho forming1 of the agreement said to a Journal reporter that the first agreement, as written, was so different in Its character and provisions that no one would recognize that the Intent of both was the same. It has been revised six tlme3 and been so modified that its real purpose haa been eliminated. Had the first agreement, he says, gone Into effect It would have thrown thousands of good men out of positions and been Injurious to the business of both the roads and, the country, tyut as amended Its operations will not so seriously affect the various departments, or at least to such an extent as had been announced, and which caused much anxiety on the part of not only clerks but officers drawing good pay. In fact, It had become a question whether any man's railroad position was assured unless It be the locomotive eng;neer and the presidents and board of general managers, who were the moving spirits in the agreement. In commenting on the radical changes which are noticeable in the agreement last acted upon, whert compared with the first, the Railroad Gazette says: "The board of managers) (at first called directors'). Instead of Hxlng rates, will have power only to recommend changes. The roads. Instead of appearing to abolish all their turlffs and start out with new ones, reaffirm the rates now in force; and th 'managers instead of ordering changes, will simply recommend; but any company falling to promptly observe such recommendations shall be deemed to have violated the agreement. Thus each company retains Its own rate-making power, but binds itself to observe the wishes of its competitors as represented by the board of managers. The managers do not command, but 'their wish Is law, all the same. Tho Pennsylvania will comply with its charter because it will not use the managers rates until It has expressed Its will to use them. The philosophy of this clau?e of the agreement Is somewhat like that of the man going to Jail who asserted that he went voluntarily; the sheriff did not use any physical force, and. of course, the prisoner's legs did not act until after his will had acted. The thirty-day period Is retained, and each road does, to that extent, absolutely restrict itself." The Future of the Ohio Southern. Despite the statement that an attempt was being made to adjust the financial affairs of the Ohio Southern without going through a foreclosure sale, there are pointers which indicate that there Is a quiet movement on foot to force such a sale, and it is believed that should the scheme succeed It Will be found that the Price syndicate was the power that caused it, nnd that the road will be brought under Its control. The United States Investor says: "Some thirty people, representing about one-half of the stock and general mortgage bonds of the Ohio Southern railroad, met at the office of R. J. Kimball & Co. lat Saturday to consider what action It was necessary to take to protect their interests in the company, and to ascertain. If possible, the present state of Its affairs. Mr. Haskell, counsel for the road, was present and rtiade a verbal statement showing that progress was btlng made by the receivers In the direction of securing an extension of time for the payment of accumulated indebtedness In the shape of car trust obligations now an.ountlng to about $1.:.U0,000 and other Items approximating Jo(m). The statements made by counsel seemed to Xrove quite satisfactory to those present, and a resolution was passed to that effect, and It was recommended that every effort be made to cancel every car trust obligation possible by returning all surplus ears to those holding these equipment obligations. The Michigan Peninsula Car Company, it Is said, held $ri(.(N of these car trust securities, but this claim Is said to have already been settled. Mr. Haskell stated at the meeting that the receivers had recently purchased of the Raldwln locomotive works six large engines on favorable terms, anil that from now on earnings can hardly tall to Improve, since, on account of Insufficient motive power and oversupply of cars, the road has been losing about 4' per cent, of the freight which would naturally come to them, but which has been diverted to the C. H. & D. railroad. No plan of reorganization has yet been decided upon, so far as 1 can learn, but it was stated at the meeting that one would doubtless be formulated shortly. The general mortgage bondholders gave strong expression at the meeting that whatever plan Is evolved they ought to be and expect to be consulted." arrow In a Its Scope. . The transcontinental lines are gradually narrowing the scope of their proiosed agreement and the chances are now that it will for the time being be nothing more than an agreement on strictly through California business. When the meeting con vened In Chicago yesterday It was found that the Northern transcontinental lines had so many matters to be settled that it would b impossible for them all to get Into the association for some time to come and then Passenger Traffic Manager White, of the Atchison, moved that an association be formed having for its object the protection of California business only. This the other roads agreed to and the rest of the day was spent in discussing the formation of this agreement. Late this evening the attempt to form an association on strict California business was abandoned, and the general agreement covering business between the Missouri river and the Pacini coast was adopted. Capital Stork Increased 1 0.(XH).(MM. The stockholders of the Illinois Central held u meeting in Chicago yesterday and voted to increase the capital stock of tho corporation by tli,flOO,CW. Each stockholder of record on Oct. 13 last has the right to subscribe at pnr for one share of the new lsue for every five chares he may hold of the old stock. The money to be derived from the sale of this stock is to 1 used for the purchase of the securities of the Chesapeake, Ohio & Southwestern and for the Improvement of the terminals in this t-itv. One of tho Improvements will be the equipment of all tho suburban trains with electricity. evr President of the Snntn Fe. The reorganization committee of the Atchison. Topeka & Santa Fe railway, at New York yesterday, elected E. P. Ripley president and D. R. Robinson vice president. Last evening Secretary Herman Kobbe announced the election of Paul Mor ton, of theColoradoFuel Company, as third vice president and a!d that the second vice president had rot yet been named Mr. kobbe nlo said that Aldaco F. Walk er had not yet been chosen as chairman of the board of directors. Personal, Local nnd General Notes. James E. Reeves, Southern passenger aent or trie uig i-our, wno nan been se riously ill, has about recovered. H. G. Stiles, general agnt of the Clncln natl. Hamilton & Dayton at this point, will to-day return irom nis Moutncrn trip. To-morrow all the city freight depots will be closed, also the fast freight line offices, and at noon the uptown ticket offices will close. Important changes are to be made with the beginning or the year on the Ronton fc Maine, which will Involve the creation of several new official positions. The Increase In traffic of the road necessitates a reor

ganization and Increase of the staff, and the board of directors have approved the sug-

gestlcns of President Tuttle. H. W. Fuller, general passenger agent of the Chesapeake & Ohio. Is in Cincinnati on official business. He Is still obliged to use crutches to get about. It is stated that the earnings of the Chi cago & Northwestern are now so large that nearly 8 per cent, will be earned on Its stock In the six months ending Nov. 30. The Louisville. New Albany & Chicago now draws Its supplies of coal for Us loco motives and for it new shops from mines of the Rluff Coal Mining Company in Clay county. The Vandalia has besrun erectlnsr Inter locking and signal plants at railroad cross ings. The first is to be erected at Greenup, Its crossing of the Peoria. Decatur & Evansville. W. H. Peddle, general superintendent of the Jersey Central, with headquarters at Ro.elle, N. J., who has been vlstlng relatives In Terre Haute for a few days, yes terday passed through the city en route East. The Old Reliable Conductors' Life In surance Association Is this week holding its annual convention In Memphis. Tenn., and Indianapolis lines are well represeted. At tne close or the convention the fraternity will go on an excursion to Havana. It is stated that the Wagner Palace-oar Company Is considering with favor the proposition to reduce the rate on upper berths In their sleeping cars 2.1 ner cent. The Wagner curs are fully as complete and eiegani as are those of the Pullman company. J. 11. Sessions, formerly general agent of the Indiana. Rloomington & Western at this point, now representing the coal and iron interests of the Ph lade phla & Read ing at Minneapolis, has invented a car seal which, for simplicity, effectiveness and convenience. Is Bald to possess great merit. A track-laying machine has been put at work on the Lima Northern extension, and Is laying from three to four miles of track a day. Xiy Dec. 1 the track will be laid to Ottawa. The construction trains are keep ing wen up with the track layers with the ballasting. The Price syndicate owns the road anu Is urging contractors to push the work. William R. McKeen. president, and John G. Williams, vice president and general manager or tne vandalia nnes, are at worn on their annual report. The fiscal year with the Terre Haute & Indianapolis, operating the Vandalia, ends with Oct. 1, and the annual report Is usually Issued early in January. J he report will show that the lines have been operated on a lower per cent, of their gross earnings than for several years rast. Statistics prepared by Commissioner Rlanchard. of the Central Traffic Association, show that there are 1,400 solicitors employed in the association territory. There are thirty-two fast freight lines doing business in some portions of this territory. Commissioner Rlanchard Is Quoted as saying that while some of these solic itors will be dropped, the discharge is by no means to be of as wholesale a character as has been Intimated in some of the reports regarding the presidents agreement. English and New York capitalists are now large holders of the stock and securities of the Paltlmore & Ohio. It is no longer a Raltimore institution, and the removal of its tieadquarters from Raltimore to New York, sooner or later, Is predicted. The changes which will come In the directory la the near future, it is thought, will be of advantage to tho company. . Amalgamation with a line which will let the R. & O. into New York will not be a surprise to those well Informed regarding its affairs. The new ten-wheel passenger engine built by the Richmond locomotive works for the Chesapeake & Ohio, now on exhibition at the Atlanta exposition, is much talked about by those who have examined it. This engine is to be put. into service on the mountain division of the Chesapeake & Ohio, between Clifton Forge and Charlottesville, Va. This division Is ninetythree miles long, the grades reach eightythree feet to the mile, and fthe train It is to haul Is scheduled to run the ninety-three miles in three hours and ten minutes. J. Q. Van Winkle, general superintendent Of tho ing Four lines, claims that there is not a railroad system in this country on which so large a number of trains are handled whose trains so Invariably arrive at terminals on schedule time aa do those of the Rig Four. In this connection it is proper to say that E. O. McCormlck, passenger traffic manager of the Rig Four lines, said to President Ingalls that the train service of the Pig Four, as now scheduled, is perfect, and if the road does not get its share of the passenger business it will be the fault of the passenger officials and their subordinates. John McKeever. engineer on the Vandalia, on Nov. 21 completed his thirty-third year as an engineer, running between Indianarolls and Terre Haute, and on March 1 will have run a pas-senger train into Terre Hauto forty years. For seven years prior tc going to the Terre Haute &. Indianapolis he ran Into Terre Haute over the Evansvllle & Terre Haute. He commenced railroading on the Ohio & Indiana road, which extended from Crestline to Fort Wayne, the east end extending from Crestline to Pittsburg. He tired an engine on that road, which Is now part of the Pittsburg, Fort Wayne & tThlcago, and was not then completed to Fort Wayne. He was fireman on an engine running1 between' Crestline and Delphos when promoted from fireman to an engineer. One of the remarkable things In the railroad afTalrs of Ohio, says a passenger official Is the development of passenger traffic on what are known as coal roads. A few years ago no one thought of speaking of the Toledo Delphos or the Cincinnati. Dayton & Chicago doing any passenger business, but D. G. Edwards, general passenger agent of the Cincinnati, Hamilton K Dayton, which owns these roads, has Viken tho matter up. and from his efforts quite a pa "sender traffic has been built up. The Toledo Ac Ohio Central haa of late come to be a very respectable passenger line, and Its passenger earnings this year are running from js,o0 to $10,000 a month ahead of any former year. The most remarkable gain has been shown on the Columbus & Hocking Valley, W. H. Fisher having succeeded, since his appointment as its general passenger agent, in building up a business which ylelJs a handsome revenue to the road nnd really troubles Its competitors through his aggressiveness. On but few roads In the country Is the transportation department handled with as much promptness and exemption from accident as on the Lake Erie & Western proper, and this success Is largely duexto D. S. Hill, general superintendent. Mr. Hill commenced railroading In 1JCS: was on the Michigan Central in engine and train service until 1SG7. when he went to the Louisville, New Albany fe Chicago as a conductor, remaining with that road until September, 1871. when he went to the Cincinnati. Lafayette & Chicago as assistant superintendent of construction. He remained with the road as passenger conductor until 1S78. when he went to the Lafayette. Illoomington Western, now part of the Iake Erie tfc Western, as trainmaster. In 18S0 he was appointed superintendent of the road; in 182 It became part of the Iike Erie Western system, and he was appointed division superintendent; in April, 1S82. he was appointed geieral superintendent, which position he now fills very acceptably to his superior officers. General Yardmaster Channell, formerly of this city, now holding that position with the Cincinnati. Hamilton & Dayton at Toledo, has an Interesting story of the progress of railroading and the growth of business on the Indlanpaolis division of the C, H. & D. since IWj. The lino was then the Cincinnati & Indianapolis Junction railroad. J. H.' Sheldon being superintendent, and J. A. Learneard, now president of the New Orleans Sc Southern, assistant general manager. The schedule time of the "lightning express" In from Cincinnati to Indlananolls was six hours and five minutes. At present there are several dally trains over the division which make the run in threo hours and twenty-five minutes. There was an underscored order rule that freight trains under no circumstances should be run faster than fifteen miles an hour. The rcheluled time of the C, H. &. D. fast freight on this division averages better than thirty miles an hour. An Idea of the Increase of traffic can be obtained by noting that three pissenger trains and one through freight are on the time-table of 1SJ;, while six passenger trains and three through freights are on the time-table In effect at rresent. George W. Hayler, who represents the Cincinnati. Hamilton & Dayton and the Monon at this point, but who for many years was on the Pacific coast, says In the Central Traffic Association territory they know but little about passenger ratewars such as the one nov In progress between Portland and San Francisco. He says a rate war is now being carried on between the Southern lMciiic's Shasta route, a rail line, and the Oregon Navigation Company, a steamer line, between San Francisco and Portland, and the public is reaping the benefit of five-dollar cabin rates. Including meals andi berth, and a two-dollar-and-a-half steerage rate. Including meals, for a two-day nnd three-night trip on the octan, and a ten-dollar rate, Including f.rst-class sleeper, and a flvedcllar rate. Including tourist sleeper, by the all-rail route, with a possibility of the rate being still further reduced. Several conferences have been held with a view to adjusting the differences between the lines, but neither has been willing to recede from the positions which both claim as correct. The railway sells tickets only on steamer day, which Is every fifth day. On the last cheap day the steamer carried her full capacity, and two sections were required to handle the business of the railway.

THE WILL MUST STAND

srrncsiK cotnrs decision ix coTEST OF G. Ji. ORTIPS TESTAMENT. An Important Cnse from Lafayette .Midland Receivership Affirmed Court Unusually Henry Grist. The Supreme Court yesterday decided that the will of Godlove S. Orth. formerly of Lafayette, should stand, regardless of the long letter that was left with the will, containing requests to his wife. When Orth died he left a will giving all of his property to Mary Ann Orth, his second wife. He left two children by the second wife and one by the first. With the will was a letter requesting his wife to make certain provisions for the children of his son by the first wife, after she had paid the debts ot the estate. Before this could be accomplished Mary Ann Orth, the widow, died. Later, William Orth. the son by the first wife, died. The provisions of the letter had not been fulfilled, when the son of Mary Ann Orth took charge of the estate as administrator of the estate of his mother. He did not carry out the provisions of the letter and suit by the daughter of William Orth. the son by the first wife, followed. She claimed that the letter should be construed as a part of the will, because, uhe claimed, if her grandfather had not believed the simple request to his fecond wifo was sufficient he would have made the will different. It was claimed that It was made in that way simply to avoid complications and costs in court. It was also claimed that three days before his death Godlove H. Orth had said his wife had agreed to obey the provisions of the letter. Just as if the will had Included all. The court held that in the presence of - the will, which was definite, the courts could not consider the letter, but must be guided entirely by the letter of the will. LXDER A SPAV LAW. Ellis Sanders Anesed $.100 for Deserting Hi Wife. Ellis Sanders finds, himself a benedict under circumstances both peculiar and embarrassing. Sanders is an unwilling husband and Just two things stand in the way of his happiness and freedom. One of these obstacles la a binding and very Just measure which the Legislature enacted last winter. The other Is an old and staid rule of practice in the courts. Sanders's difficulties began to pile up last September when he was made the defendant in a paternity suit brought by Emma Sanders, a young girl living In the northeast part of the city. The suit was filed in a Justice's court, but before the case came to trial Sanders adJusted the matter by marrying the girl. Mrs. Sanders's honeymoon was brief, for her husband deserted her on the day of their wedding. In, leaving his wife Sanders violated the act of the Legislature, which covered this particular, case. Tho new law does not permit a man to marry the woman he has betrayed for the purpose of avoiding prosecution and then desert her. Under the legislative act Mrs. Sanders had her husband arrested and brought before the Circuit Court. The case was tried yesterday and Judge Rrown assessed the plaintiff's damages at $000. Sanders and his wife were both In court. The recalcitrant husband tried to explain tils position to the eburt and had witnesses to corroborate him. Ho declared that he married the girl with the expectation of living with her, but information "of her previous character caused him to change his mind. After their marriage he sent her home to her father to stay a week. He spent several days looking about for a home for his bride and in his rounds ran across one of his old friends. This gentleman told him some things about his wife that made him open his eyes, he says, and he ceased house-hunting at once. Mrs. ?anders didn't get a sight of him for several weeks and when she did it was inside the court room. Judge Rrown told Sanders that he would give him a chance to pay the money In. Installments, the first payment to be made on Christmas day. Sanders gave a bond of $000 and went his way. He vows that he will not live with his wife and, under the existing circumstances, the courts will not grant him a divorce. His wifo Is about eighteen years old. HIS WIFE ACROSS. TUB SEA. She Will Xot Come' to Hen Slinpern nnd He Wnnts n Divorce. Ren .Shapera, a Polish shoemaker, living on East Washington street, has begun an action for divorce from his wife, Dlvosha Shapera, .who. Is across the sea. In May, 1892, when Shapera 'Jeft his Polish wife and two little ones in their native country, it was to come to America to make a homo for them. He departed from them with the, understanding that when he was prosperously settled they were to come to him. In his complaint for a separation Shapera says that he forwarded his wife part of his earnings for three years. In September. 1H32. he sent money back to his family, but received no acknowledgment from his wife. He wrote repeatedly to the woman, but failed to receive a replv. Ills two children, he avers, are In the custody of his mother. but tho latter knows nothing of his wife. He savs that th woman was always of a quarrelsome and Jealous disposition, and he thinks she has deserted him for good. ' . HIS WOllK TOO MICH FOIl HIM. Sheriff Roach, of the Supreme "Court, Finds n Sinecure IlurdenMome. The November terms of the Supreme and Appellate Courts began yesterday at 10 o'clock. Sheriff David A. Roach, who has no other duties than to proclaim the opening of court, and has this burdensome work only twice a year, at a fair annual salary, yenterday forgot the names he had to call. He Is supposed to announce the fact that the court Is ready to proceed with business and call the names of all the Judges, beginning with that -of the Chief Justice. He called them all but that of Judge Howard. He stalled when he reached that name, and some one present had to prompt him bofore the highest court cf the great State of Indiana could legally proceed with its work. A DAY FOIl COl'XTEUFEITERS. Judgre linker Send Several of Them to the 'Penitent In ry. Yesterday was counterfeiters' day In the federal court. On a plea of guilty Scott Buehannan was fined 1100 and sentenced to three yearn In the penitentiary. Isaac Hoss, on the same plea, was fined and sent to prison for eleven months. Frederick W. Schroeder pleaded guilty In two cases and was fined $23 and sent to the penitentiary for two years on each charge. James W. Mabus was found not guilty of the same charge. James Moxey was lined $10 nnd costs for violating the internal revenue laws. Snyx Ills llrotlier-in-Lntv Is Insane. Albert White, of Greenfield, filed an affidavit in the court of M. H. Daniels. Justice of the peace, charging his brother-in-law, William P. Rrendow, who has been living at the Castle Hotel, In thl city, Is insane, and showing the necessity for an Investigation as to his Insanity by a commission of lunacy. Commissioners will investigate his ease this morning. Urendow has been confined at St. Vincent's Hospital for several days. It is alhg 'il he Is so violent that the attention of two men Is constantly required to prevent him from doing hlmseif violence. Mr. White thinks his brother-in-law's condition is the result of the excessive use of intoxicants. The .Midland Iteeelvershlp. The Supreme Court yesterday decided that the court of Tipton county did not err In causing the appointment of a receiver for the Chicago & Southeastern railroad (the Midland.) The application was made by Hamilton county for the purpose of collect ing taxes' that were due to the amount of J7.u3.17. The case went to Tipton county on a change of venue. Captain Ilarrod .ot Guilty. The return of the court-martial that met two weeks ago at Scottsburg to hear the charges preferred against Capt. J. M. Har rod. I. N. (.. has- been made to the Ad Jutant-general. The court rendered a verdict of not guilty. Monarch Grocery Company Affair. The firm of Stevens & Wldlar, of Cleve land, creditors of the Monarch Grocery Company, filed a petition In the Superior Court yesterday asking for a receiver for tne Monarch Supply Company. Further,

the petitioners ask to have the transfer of the Monarch Grocery Company to the Monarch Supply Company set aside. Judge McMaster heard argument on the petition and took the matter unier advisement.

Tirenty-ElRht Opinions In One Day. Yesterday the Supreme Court handed down twenty-eight oplrEms, the ' largest number in a single day for many months. THE COtllT RUCORD. Supreme Court. 172X. Mitchell vs. Ban!. Morgan C. C. Affirmed. Monks. J. 1. In order that the enjoyment of an easement la another's land may be conclusive It must be under a claim of title with the knowledge and ncquiesence of the owner of the land and uninterrupted. 2. An allegation that the jtossrion was under a claim of right is equivalent to an allegation that it was adverse. 3. A water course is a stream of water having a bed side and banks and the water need not flow continually, and no person through i whose land the course runs has any right to divert it from its natural channel so as to injure another land owner. 17Cioi. Cowan vs. Commissioners. Adams C. Affirmed. Monks. J. Counties are not liable for the negligence of the Board of Commissioners in failing to keep bridges in repair. 17393. Pierce vs. Hower. Wells C. C. Affirmed. Howard. J. When a married woman permits her real estate to remain In her husband a name upon tne puouc records and also Joins in a mortgage of the same she will be estopped from setting up her ownership except as to her Inchoate interest therein. 17637. Wright ys. City of Crawfordsville. Montgomery C.C. Affirmed. Jordan. J. L When the record is so incomplete that this court cannot decide without the evi dence which is also left from the record, the presumption will be in favor of the rul ings of the trial court. 2. Where the evidence is not in the record, a Judgment will not be reversed for giving instructions which would be correct under any evidence that could have been Introduced. 3. In estimating damages sustained by death the Jury may consller the decedent's personal character onl mental and physical capaci ty. A. The intoxication of the decedent may be shown in mitigation of damages. 17fM. Miller vs. Preble. Howard C. C. Affirmed. Jordan, J. 1. A stenographer may refresh his memory from his notes taken In an examination under the statute and testify that the statements read to the jury were those made by tho person on his examination. 2. Where depositions are wholly in chief it is within the discretion of the court to admit them at any stage of the trial, and unless there Is prejudicial abuse of such discretion It will not be a reversible error.. 3. Affilavlts die I In support of a motion for a new trial must be brought into the record by order of court or bill of exceptions. 17780. Jones vs. City of Tipton. Tipton C C. Affirmed. Howard. J. New matter discovered since the rendition of the first Judgment in order to entitle the losing party to a review of that Judgment must be such as if alleged In the original pleadings and supported by the evidence would have entitled Buch party to a different Judgment. 171.7. C. & S. E. Railway Company vs. .t. Clair. Tipton C. C. Affirmed. Hackney, C. J. 1. An assignment of error should present only questions of law. 2. Receivers may be appointed by the Judge of a court In vacation. 3. Hearing in chambers may be hell in any county of the circuit over whose courts the Judge may preside. 17393. Engrer vs. O. & M. Railway Company. Clark C. C. Affirmed. McCabe. J. 1. The presence of a railroad about to be crossed Is notice of danger. 2. A person must exercise ordinary care and caution In approaching a railroad by listening and looking both ways, and a person seeking damages for Injuries so sustained must show himself free from negligence or his injuries will be prima facie the result of his negligence. 3. It is error for the court to withdraw the case from the Jury and render judgment without a finding by either the court or Jury. 4. A Judgment will not be reversed when the correct result has been reached, although by erroneous proceelure. 16133. Orth vs. Orth. Carroll C. C. Affirmed. Hackney. J.L A letter without attestation or acknowledgment, although containing testamentary words, is not entitled to recognition aa a will, but It maybe used in determining the Intention of the testator in the provisions made in his will. 2. When an estate In fee Is devised in one clausti of a will in clear and decisive terms It cannot be taken away or cut down by raising a doubt upon a subsequent clause. 3. A trust will not be executed where the precise nature of the trust cannot bo ascertained. 4. If a person, by fraud, procures the execution of a will In his favor ojulty will consider him a trustee for the benefit of those entitled to the property by law. 5. A parol promise of one to convey to another In the event of a conveyance to ,him will not upon refusal to comply take the case out of the statute of trusts. Appellnte Conrt. 1771. Connor vs. Street Railroad Company. Marlon S. C. Transferred to the Supreme Court. Relnhard. J. In an appeal from a Judgment in an action for $12,000 whereby a verdict and Judgment was rendered for the defendant the Jurisdiction is in the Supreme Court. 1S57. Hawks vs. the Mayor cf Goshen. Elkhart C. C. Transferred to the Supreme Court. Gavin, C. J. The Supreme Court has jurisdiction of appeals In all mandate cases. 183!. Little vs. Swafford. Huntington C. C. Affirmed. Gavin, C. J.l. The statute governing enclosures, trespassing animals and partition fences supersede the common lav rule In this State. 2. An injured party's common law remedy by action at law remains but the remedy by distress is impliedly superseded by the statute. KM. City of Fort Wayne vs. Durrell. Allen C. C. Affirmed. Ross, J.-l. It Is the duty of the court upon the return of a special verdict before its acceptance and the jury is discharged to see that It Is rcgulnr in form and if found to be informal or Irregular to require the Jury to retire and correct it. 2. Facts not found are presumed to be found against the party upon whom rtsted the burden of proof. 3. Facts not found, but which the court certifies there was evidence to prove, not being of such a character as that if found they would have changed the results, the court will not err In overruling the motion for a new trial, because Buch facts were not found bv the Jury In their verdict. 1813. U, N. A. & C. Railroad Company vs. Roberts. Pulaski C. C. Reversed. Davis. J. 1. The fact that a company had paid losses cannot be given In evidence to prove lt9 liability for the claim sued upon. 2. When the description of land in the special verdict agrees with the description In a defective paragraph It will not be presumed that the verdict was based upon another paragraph. 1916. Brewing Association vs. George. Vixo C. C. Dismissed. Davis, J. The appellant should cause marginal notes to be placed on the transorjpt in their appropriate places indicating the several parts or the pleading In the cause. 1532. Gllllland vs. State ex rel. Shea. Bipley C. C. Affirmed. Lotz, J.l. It is the duty of the assessor to furnish each person with rroper blanks upon which to make out a list of his personal property when he calls upon him for the purpose of assessment. 2. The extent of the cross examination Is within the discretion of the court and will not be Interfered with unless abused. Superior Court. Room 1 John I McMaster, Jujge. Charles Schwert vs. A. J. Damarn et al.; lien. Dismlsed and costs paid. Room 2 Lawt-on M Harvey, Julge. John E. Prltchard vs. Verne C. Severance; notes! Judgment against the defendant for $300.Mutual Home Association vs. Elizabeth M. England; foreclosure. Judgment and decree against the defendant for $310 and costs. Room 3 Pliny W. Bartholomew. Judge. Clara L. Wambauph vs. Martha McFarland; damages. On trial bv jury. William L. Shearer vs. Nettle J. Shearer; divorce. Dismissed. Circuit Court. Edgar A. Brown, Judge. Emma Sanders vs. Ellis Sanders: fraudulent marriage. On trial by court. Finding In favor of plaintiff and Judgment against defendant for $Cu0. etv Suits Filed. Ben Sharpera vs. Dlvosha Sharpera; suit for divorce. Superior Court. Room 3. Guarantee Savings and Investment Association vs. Martha Cooper et al.; suit to foreclose mortgage. Superior Cour:, Room 2. William J. Hayes et al. vs. Ioulsa llirch: "wV : f I IMMV 0. o RACINE

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street Improvement bonds. Superior Court, Room 3.

William J. Hayes et al. vs. George Heidt; street improvement bonds. Superior Court, uoom 2. :111am J. Hayes et al. vs. S. Davis et al.: street Improvement bondsi Superior Court, Kooni 3. William J. Hayes et al.. vs. Oren W. Jack son et al.: street improvement bonds. Superior Court, Room 2. , William J. Haves et al. vs. L. J. Earle et al. Superior Court, Room 1. TIIA.NKSCIVIXO FOOTBALL. Tlntler nnd Light Artillery Will Play In Indlnnnpollft. The Thanksgiving game of football in this city will be played between the Light Artillery and Butler elevens, a game between a, college and an outside team. The weather at present is more promising for a good game than any week this season. Heretofore this season the games in this city have been played under great disadvantage. There has been plently of mud and rain and consequently few snappy games. Tho East Ohio-street grounds are now in fine condition and the indications are for fine weather until after Thanksgiving day. On a hard and solid ground the Butler eleven will be at Its best. The team Is weakest in the line and in the past, in contests where a running game could not be played Butler has stood little show. With the conditions as they are at present, the team can play a game of interference and give the Artillery boys a harder tussle than otherwise. The Butler eleven Is endeavoring to get the old time crack players. Mann and GlfTord, to take part In the Thanksgiving game. It Is not Improbable that these two players, who did so much to win games for the old team, will appear in uniform again. Osgood, the old Pennsylvania player, will be seen for the first time in this city with the Artillery eleven. He la a star player. The Artillery eleven has not been sen here since early in the season and since that timo the eleven hs had the benefit of Osgood's coaching and made wonderful improvement. The team is now one of the strongest in the West, as the score in the Chicago game last Saturday , would Indicate. A team which can hold the Chicago Athletic eleven to one touchdown must be a good team. The Thanksgiving game here offers an excellent opportunity for estimating the strength of the Artillery eleven. The same day the Chicago Athletic team plays the team of the Boston Athletic Club. The latter has held its own against the great 'varsity teams of the East. The Game nt Xolile nvllle. The Pastime Athletic Club will go to Noblesville to-morrow to play football .with the team of that place. Importunate with Her Hoard III 11. The case of Nettle J. Mann vs. M. H. Stlllwell was heard in the court of William N. Nickerson, J. P., yesterday afternoon. Saturday Mrs. Mann filed an affidavit charging , Stlllwell with assault and battery. It seems Stlllwc!l owed Mrs. Mann something over $41 for board money and gave his note to secure Its payment. Saturday Mrs. Mann went "to his office In the When Block and demanded payment of th note. Stlllwell refused to pay, claiming ho had no money. Mrs, Mann was Importunate and was inclined to remain in his offlce until the account was settled. Stiltwell grew tired of her importunities and put her out of the office. He wa3 fined $1M: by Magistrate Nickerson and took an appeal to the Criminal Court. After tho trial of the case he said he thought a man had a right to put any one out of his office who was annoying him. Magistrate Nickerson told him any man who would lay violent hands on a woman ought to bo fined. He said there were police officers to arrest people who were annoying others, and any man with a grievance ought to appeal to them instead of trying to take the law In his own hands. - Sirs. AugtiKt Helm Run Over. Mrs. August Helms, living- at No. 2 Lexington avenue, was knocked down and run over by a milk wagon at the corner of Virginia avenue and Washington street yesterday morning. Mrs. Helms had been to market and was standing in the street waiting for a car. Her car approached from Washington street, when a team of horse. driven by the driver of a milk waon,' became frightened and backed across the track. Mrs. Helms was knocked down. Patrolman "Terry" Moore came to her res cue and proposed callinr the cfty nmbu. lance, but Mrs. Helms insisted she was not too badly injured to go home alone and boarded a Vlrglnla-avenue car. She said her shoulder and side pained her from the result of the accident, but she was not very seriously injured. Bystanders said the driver was not to b'.ame and he was not arrested. I find aid that you have read that Santa Claus Soap is one of the greatest laborsaving inventions of the time. Tell her that it will save her strength, save her time, save her clothes. 5 The merits of

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Woman's heroism Is not evinced by fcailesiness or enterprise in tlm of danger, but her courage and fortitude are un juestionible in time of suffering. Think of the woman who smiles and tries to make those around her cheerful, while she Is racked with the excruciating tortures of womb trouble. Think of one who, day by day, brs he r physician to help her, while the torture of tortures could not add to her misery. Does she yield ? Xo! She endure her agonies, and meets her friends with cheerfulness. This is woman's heroism, and few men realize how prevalent they are. Physicians rarely render relief in such rases. Af tertwenty years of success, witheverincreasing popularity, Lydla . Pink' ha ins Vegetable Compounl Is, to-day, woman's only sure and safe refuge from Inflammation, ulceration, falllnjjand displacement of the womb, ovarian trouble, leucorrlifra, painful an 1 suppressed men&trutions, kidney trouble, nervous prostration, and all manner of distressing and life-sapping female diseases. 44 O my sisters, believe wliat is told you of this wonderful medicine I Defore I took it I had falling of the womb and leueorrhopa. My womb came down so badly I could not walk across the floor; the pain was excruciating; now all is so change!, and I am so happy. Lydla K. Pinkham's Vegetable Compound has saved me from a life of misery. Don't, don't suffer, I say, "when a cure is so easily obtained." Mits. William Howe, 1C3 Antoin SUtjet, Detroit, Mich. PENNSYLVANIA LINE THE BEST LINE TO CHICAGO AND NORTHWEST Pullman Buflt Parlor Car on 11:15 a. m. train daily. Arrive Chicago 5:15 p. m, lullman Vestibule Sle:pinjr Car starting from Indianapolis on 11:55 p. m. train, dally; open to receive pasMcntfers every n.'sht at 8:30. Arrive Ohlcaeo. 1:.V) . m. For full lnformat'.cn as to rates cf fare and sleeping car fpace, call on agents No, 13 West WashlnRton street. 4a Jackson place, Union Statlcn. Massachusetts avenue, or addr nnoitoB n. hockwem r. p. a. vaxdawa ri:vi3. For ST. LOUIS and THE WEST heave Indianapolis 7:30 a. ra., 8:10 a. ra., 12:10 noon. ll:-i p. in. Arrive 'St. l-ouls 5:12 p. m., 3:00 p. m., 7.tx p. m., 7:00 a. m. Parlcr car oc 12:40 coon train daily and local sleeper on 1120 p. m. train daily for Evansvilie and St Louis open to rccelr passengers at 80. Ticket offices. No. 43 West Washington treet. No. 4f Jackson place and Union Ctattcn. GEO. E. norTCWKT.T T P. A. jntCAnoAi A Nitlonal Reputation. 45 Years' Stasdkg. IIUYANT A hTRATTVS S Indianapolis Business umwFRsrr V When r.ulltiln?. rMMOllt-iL MapnlfWeat Qa inert. Large, iruianrnt ruculrr. Fluent i'entnrn in Central Staton, .) students aunna'.ly. New slU'leuta enteriuzialir. YUltora lu.tel. Klovator fur Dajr aa4 ... . i .... .1 1. f II t.' L It 1 ..,.. Tbe Sunday Journal, by ilail, $2 a Year

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