Indianapolis Journal, Indianapolis, Marion County, 3 March 1896 — Page 8

THE INDrAKAPOLiS JOURNAL, TUESDAY, MARCH 3, 1896.

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Malic

Firaitwe

ROOKER IS ACQUITTED

Jiav SAYS UK WAS i-ssam: wnus UK mirdi:ri:d his wife. Our of the Slost SnrprUInK Venllcta Kvrr Ilrnderel by a Jury In Marlon County Criminal t'utirt. JUKOKS REFUSE TO TALK thkv ii:Lini:iiATKn ox tiii: cask FORTY-CIGHT 1IOLI19. Hooker tll Hrld on thnrgc of Adsialtlntr Mm. Pera Oplnloun f Attorney on the Cnr. One of the most surprising: verdicts ever rend-red in the Criminal Court of Marlon county was brought in yesterday evening by the Jury which tried Alonzo Rooker for the murder of hLi wife. Ry its voice the prisoner was acquitted of the revolting crime and but for the intervention of the attorneys for the State he would have walked from the courtroom a free man. As It is, the prisoner Is practically at liberty, his detention now helnff a mere formality. The Jurors did not reach an agreement until a few minutes before 3 o'clock yesterday evening:. They were out forty-el?lu hours lacking a tew' minutes. All day yesterday the courtroom was packed and people hung about the corridors of the second floor. Inside, the crowd was mostly composed of women, meny of them spending the entire day in ths courtroom. The Juror were up early and, after breakfast, went to balloting. They worked quietly and at no time during- the day could a sound Je heard from the Jury room. Judge McCfay was down at 9 o'clock and again at 2 o'clock in the afternoon, but there being no signs of a verdict, he did not wait long. Attorney Martin Hvgar, of the defense, wa in and out of the courtroom a dozen times during the day and always expressed himself as being confident of an acquittal. The State's attorney appeared Just as confident of conviction. At i:30 o'clock Bailiff Royster made his last visit to the Jury room. The expression on the bailiffs face when he came down from the room indicated to those who knew him well that an agreement had been reached. The fact was soon communicated to the crowd and the neWs quickly reachew the street. Within ten minutes after it becaiSe known tnat the Jury had agreed a mob of men and women were lighting for places in the courtroom. Jude McCray wis at home and it was necessary to summon him by telephone. He arrived in twenty minutes after tho.news reached him and naa to fight his way through a great crowd to reach the bnch. ROOKER WOULD XOT TALK. Just before the arrival of the Judge Rooker was brought over from the Jail by Deputy Sheriff Waiters. The prisoner received the information tnat the Jury had made a verdict without comment, and declined to talk to the deputy on the way to the courtroom. His face was, very pale and hla hands tremoled aa he sat down in his accustomed place near his attorneys. No one spoke to him and. none of his relatives .was rreaent. For an instant only his eyei tested on the Judge, then were fixed on the clock above tne court. Then, a. had been nis wont through the trial, he turned his face toward the north windows and gazed intently at the roof of tne markethouse. This waa hla favorite position during the trial. He. scarcely ever looked at a witness and apparently paid little attention to the proceedings. He never would permit his features to light up with intelligence. During the State's argument, when he was being arraigned in the bitterest term?, while he was oeing painted as a brutal, red-handed murderer, he never once betrayed emotion. Day after dav his face wore the same stolil look of indifference. He was playing a part and people said he did it well. Rooker's face grew whiter as the moments passed and an ashy pallor settled over his countenance when Judge McCray rapped for order and the room became quiet. Then tho "twelve men good and true" filed down from the Juryroom and . passed into the box. Rooker's eyes shifted from the markethouse roof and dwelt unsteadily on the Jurors. He scanned the face of each one carefully, hut could not read his verdict there. "1 rant to say," said Judge McCray, addressing the crowd, "that there is to be no demonstration in this room. The mar or woman who makes a disturbance will be out cut by the bailiffs." I The Judge turned to the jury: "Gentlemen, have you agreed upon a verdict?" TUB VERDICT RETURNED. "We have, your honor, and here It is," replied Foreman Wycoff, passing up a white slip of paper to the clerk. Judge McCray took the slip and glanced at it hastily. He called the attorneys for both sides to his desk and subml.ted the verdict to them. The lawyers read it and returned to their seats. "We, the Jury, find the defendant not guilty as charged in the indictment," read Clerk McGaughey, in a voice as calm as if he were reading a eummons. "Wo find," he continued from the verdict, i "that at the time of the commission of the crime as charged in the indictment, the defendant was a person of unsound mind and not amenable to the penal laws of the State of Indiana." Rooker heard the verdict read with extraordinary calmness. As the wordJ "not guilty" left the lips of the clerk. Rooker's head Jerked convulsively, but he instantly contrclled himself. Two women on the first row of seats half raised in their chairs and were apparently about to applaud the verdict, but Judge McCray checked their enthusiasm. "Put those women out If they speak," the court cried to the nearest bailiff and the women subsided. "Do -you want to poll the Jury?' asked Judge McCray of the State. "I am sure the State does not," answered attorney Alford, in a voice of distrust. "Very well," said Judge McCray, "then the prisoner is at liberty to go" "Hold on a minute." interrupted Prosecutor Wiltsle, "there is a charge of assault and battery, with cttempt to kill, pending against the prisoner. I don't believe it would be advisable to turn him out now." The court ordered the prisoner returned to Jail to await further developments. Rooker, without a word, arose and followed the deputy sheriff from the courtroom. He did not try to speak to the Jurors, but his attorneys, Keallng & Hugg and Willard Roberston, shook hands with each Juror and thanked him. The crowd indulged In no demonstration, but passed out quietly, EXPRESSIONS OP DISAPPROVAL. The? Jurora Refuse to Tnlk The Proscenter DlssroMctl. The jury, after returning the verdict, quickly got into their overcoats and left the courthouse. None of thero would talk about tho case or tell how they voted up to the last ballot. "You'll never be able to find out anything about this verdict." said one of the Jurors when asked why they remained out so Ions. "Xot one of the Jurymen will talk, because we agreed not to talk. Nobody, not even the lawyers, will ever get an inkling of what happened in that Jury room." The names of the members of this remarkable jury are: Louis G. Twente. No. 122 Fort Wayne avenue; Jacob S. Wood, No. 2S3 North Illinois street; Thomas F. Brown. No. 4o Michigan road; George J.. Miller, No. 131 Fayette street; Chris Williams, No. 223 Huron street; Allle J. Campbell. Broad Ripple; William R. Wykoff, Southport; Millard Connett. No. 252 Bright street: Alphonso C. Cotton, No. 331 Kast South street; Richard Sellers, No. 123 Massachusetts avenue; Charles Roberson, Wayne township. Some of the jurors have afked pay for the time they were not ac tually employed. This was during the illness of Judre McCray. It was understood that tho Jurors would be discharged temporarily. The jurors went about their usual tni&lness while Juc1k McCray was 111. On every hand last ntsht where the ver diet was beins discussed expressions ot dia-

arrroval could be heard. While the details of the crime were freh in the minds of the public, the general sentiment was that Rooker should suffer life imprisonment if not the death penalty. When the caso closed it was not believed the Jury's verdict would be death, but many people felt that It would be Just to Impose a life sentence. Others looked for a verdict of manslaughter, but no one expected that Rooker would be acquitted. Tho attorneys for the State, perhaps, received the verdict with more astonishment than any one else. Both these attorneys said they did not care to talk about the case last night. When Prosecutor Wiltsle heard the verdict read he remarked: "Well, according to that verdict, Rooker did not kill his wife at all." When asked his opinion of the jury, the prosecutor said: "I make it a practice not to criticise the work of a Jury in the Criminal Court. Tho State has nothing to say, and, in fact, what is there to say? No one can tell What a Jury is going to do." Rooker's attorneys were all elated over the verdict. They say it was Just and was the kind of a verdict they expected. Attorney John L. Griffiths was very much urprised to hear of Rooker's acquittal. "I have read the evidence closely," ho said, "and don't understand how a Jury could acquit thn man under such testimony." Attorney Leathers was also astonished. He said: "1 think a verdict like that Is bound to encourage crime. It certainly se-ts a bad precedent. There is too much, of this insanity business In tho criminal courts these days." Rooker, the murderer, is frank enough to admit that he has been taught a lesson. He confided this to his cell-mate last night in a confidential chat. "I feel mighty good about this," he said to his fellow-prisoner. "I am going to start new now and try to live it down." Rooker says he had no fears of the result, until he started from the jail to the courtroom yesterday evening. On the way he began to feel that he was In a pretty close place. He says he will go to Morgan county 'for a few weeks and then expects to come back here and live. Some of the prisoners at the jail think that Rooker is mentally unbalanced. It is not known yet what disposition will be made of the charge of assault and battery on Emma Pees which stands against the prisoner. Some believe that if he Is tried by another jury on the other charge he will not escape as easily as he has in the present case. George W. Iowell, ex-superintendent of police, said last night, when asked what he thought of the Rooker verdict: "It is the most outrageous verdict rendered in this county slnco the Tate trial. I had considerable to do with this case when In office, and saw a good deal of Rooker. He Is not Insane and I do not believe he ever was. The verdict is a disgrace. You may put this in as strong language as you can and I will fully indorse it." HE WAS XOT ISAE.

So Sayi a Phyalclau Who Attended JIarderer Rooker. After Rooker killed his wife and attempted to end his own life by cutting his throat he, was taken to the City Hospital, where he remained for some time. One of the physicians who attended him during the time he was convalescent said last nlghc that he had never heard of a more outrageous miscarriage of Justice than -his acquittal upon the plea of insanity. "I saw that man shortly after his crime was committed. He was not iniune then, and has never been Insane," said he. One man said last night: "They must send poor Winnie Smith to the penitentiary for eighteen years and let Rocker go free. If mlth was rightfully convicted, Rooker ouffht to have been drawn and quartered." Other exDresilons heard were less forceible, but of about the same general tenor. "The result will be." said one man, "that we will be treated to the disgraceful spectacle of a lynching-be one of these days. No one can tell what an Indiana Jury will do." DETAILS OF THE ROOKER CRIME. Horrible Ilntrhrry of Ills Wife In the Rhode Inland-Street Ifjuuse. The public Is familiar with most of the details of Rooker's crime. The murder, of which he stands acquitted, was one of shocking brutality. It took place about 5 o'clock in the afternoon of Sept. 9, 1304. Rooker came to this city with his wife from Morgan county about four years ago.. Besides himself and wife, hi family consisted of three children, two girls and a boy. Rooker is about thirty-five years of age, and his wife was scarcely thirty. Both had been raised in the country and in humble homes. Rooker did rough farm work until lie came to this city to live.. For a year of two he was employed at the IndianapolU car works, and afterwards worked in different manufacturing establishments. He has the reputation of having been a good mechanic. He was insanely jealous of his wife, but the evidence did not show that his infatuation for the woman led him to treat her kindly at all times, before he murdered her. For several months after coming here he worked at night, and. according to the evidence of the defense, it was during this period that he began to doubt her. While he had no absolute proof of her unfaithfulness. It has been asserted that he believed her untrue to him long before the murder. Finally the couple separated and Mrs. Rocker lived alone with her little son. The two little girls had to be sent to an orphan asylum. About six months before her death Mrs. Rooker made the acquaintance' of Emma Pees, the wife of a barber. At the time of the tragedy the.se two women, with Mrs Rcoker's little son. were keeping house on Khode Island street. The Pees woman, at the time, waa net living with her husband, and it was charged that men were in the hsbit of visiting the house during the day and night. Rooker .claimed that he received the first evidence of his wife's infidelity when iio watched the Rhode Island-street house the Saturday night preceding his crime. The position of his attorneys was that what he saw there that night unseated his reason and made him a mad man, eager fcr the life blood of the woman who had deceived him. On the morning of Sept. 9 he visited his wife and exhibited a razor, which she took from him. Subsequent events showed that he returned to the house later in the day, and in the absence of the women secured the razor. Having provided himself with a weapon, he coolly awaited his wife' return. At dusk he walked into the house, where he found her with the Feel woman in the little parlor. He began his horrible butchery without ceremony. He started for his wife, with the razor in his hand, and as he parsed Emma Pees laid her cheek open with the keen-edged weapon. He had often quarreled with the Pees woman, and doubtless would have killed her had she not escaped from the room. He caught his wife, and. despite her screams, threw "lier to the floor. Holding her down with his knee and his left hand, he wielded the raxor with his right. Unheeding her frenzied appeals for mercy, he repeatedly drew the razor across her throat. Net until he had satisfied himself that this ghastly work was complete did he release the woman. She crawled to the door, cau.ght the casement and managed to rise to her feet. With" the instinct of self-preservation yet strong, in spite of the gaping wound in her throat, she staggered out of tne yard and started to make her way to the City Hospital, three blocks away. She grew weaker at each step, but made a desperate effort to totter across the commons adjacent to the hospital. She was dying, however, and, with a prayer on her lips, fell on the grass and expired. The murderer started to leave the house after his crime, but turned back and used the razor on his own throat. The attempt at suicide was unsuccessful, and he ran out of the house with a mob at his heels. After a long run he was captured. He was in the nospital for several days after the crime, but the self-Inflicted wound was not deep and he speedily recovered. It Is a significant fact that he did not begin to display the cunning of the madman till some time after the tragedy. Once or twice, in conversation with the sheriff, he expressed the regret that he had not killed himself when he had a chance. His attorneys were appointed by the Judge of the Criminal Court, and at once announced that they would enter a plea of insanity for their client. Rooker was defended at the expense of the county, and it is understood that it cost about $2,000 to conduct the case. A DEFENSE OF Jl'DGR M'CRAY. Bar Association I)iamRe the Way ninn While Ctme. Tho criticisms that have been passed on Judge McCray for hU action In the Wayman White case were the subject of con siderable talk yesterday at the meeting of the Bar Association. Several members spoke of the case. John S. Duncan said he could not see that there is any necessity for the association to take any action in the matter, fcr he does not think there has been any thing out cf the way in the course of Judge McCray. Wayman White was tried for assault and battery and sentenced to the workhouse. Afterward Judge McCray ad vised White's attorney to ask for a new trial, which was done. After the new trial had been granted Judge McCray disposed of the case by assessing a fine of $10, with out notice to any of the attorneys irv the case. Mr. Duncan said that In the absence of anything to show that this action was taken

with illegal motive., the course was all right. It often occurs, he said, that after a conviction the judge becomes convinced that the penalty fixed has been too severe and desires to make it less. He "has the authoritj. to remit it entirely, or net aside the Judgment and grant a new trial. In this case the course was pursued that would make the record show a new trial, and prcceedings under that order and a conviction, which, he elalrm-d, is entirely within the province of the rourt. The committee that w' appointed to draft new rules for the filing of paners with the clerk of the court, presented Its report through Chairman H. N. .Spaan, as follows: "1. That hereafter the clerk of this court may receive, at any time and on any day. any paper for any filing in any pending cause, and shall mark the same as filed, and said clerk Is hereby authorized to make the proper entry thereof on the order book, and also to eater such rule in relation thereto as is indicated by the attorney presenting the same, and authorized by the paper so filed, provided, however, that if any attorney shall cause to be filed under this rule any paper on any cause in violation of the law. or rnnrrsrv to anv rule

of this court, or which Is not entitled to be filed without leave of this court, the same shall be summarily stricken from the files and not reflled thereafter without leave of the court belnsr first obtained. ' "2. Whenever in any cause an appearance ha9 been entered for the defense, and an answer cr other pleading is due from either party, men, upon request, the clerk shall enter a rule asrainst th nartv from whom such pleading may be due. to file the same. i. wnenever an oral argument is asked for on any pleading filed in any case, the attorney asking the same shall so indicate thereon and the clerk shall inform the court thereof, who will arrange a time therefor, and notify the counsel thereof." Action on the committee's report was deferred until the next meeting of the association. SLED HIS SOX'S BENEFACTRESS. Linsey Geriunn Tried to Replevin a Watch from Mr. Znrlnc. Linsey German was the plaintiff In a suit to replevin a watch brought In Justice Welpole's court. The case was tried Saturdayj Mrs. Louise M. Zarlng, of Camp street, was tne ueienciant. instead or deeming tne case In German's favor, Justice Walpole scored him roundly,- and the old fellow slunk out of court. The evidence showed that German had presented the watch to his son Harvey over a year ago. The young man was suffering with consumption at tne time anrt was living at Mrs. Zarlng s house, where he boarded for three years. For the last sixteen months of his life, Harvey German was an invalid, helpless and without friends. Mrs. Zaring gave him every care possible and treated him as one of her own sons. When his father gave him the watch the young man was indebted to Mrs. Zarlng for board and gave it to her as part payment of his debt. The young man died on the 8th of last month. at that time owing his benefactress $221. After his eon was buried, German, for getting the many kind offices Mrs. Zaring had heaped upon his son, - brought suit to recover the watch, alleging that he gave It to his son conditionally. According to his story, he presented it tq the young man with the understanding that if he died before his, father, it was to revert to the donor. Justice Walpole regarded the allegation as preposterous, me told German tnat ne ougnt :o be ashamed to try and get back the watch from a woman to whom his son had been indebted, especially as she had bestowed all the care :and attention upon him that he would have received from his own mother. . MISS IIOLLIXGSWORTH AGAIN. She Im Xoit In tlir Unmix of Tito Money Lender. V Laura May Ilollingsworth. the young woman who recently received considerable notoriety on account of alleged confessions and revelations made in connection with the Pearl Bryan murder mystery, was defendant in a replevin suit brought against her in Justice Nlckerson's court by Aufderheld & Zumpfe. chattel mortgage money lenders. They brought suit to get possession of a lot of household furniture stored witn tne Indianapolis Warehouse Company, which was also nametl as joint aeienaant. Although described as being, .worth $30, the furniture is much more valuable than that. For a time the young woman kept houso on a sumptuous scale, and her house was furnished throughout with cosuy iurnuure. Some time ago she borrowed oO of Aufderheld & Zumpfe, . pledging her furniture as security. The case was set down for trial yesterday, but at the hour named in the summons, the young woman's attorney appeared and filed a motion demanding a change of venue. Justice Nickerson granted the change of venue asked. The transcript in the case will be sent to Alexander Culbcrtson. a Justice of Was,hington township, who holds court near Broad Ripple. x m To Save the Hoj . ' Yesterday morning nine boys, ranging from seven years upward, were in Police Court charged with various minor misdemeanors. Tho cases against them were all continued until to-morrow morning. Judge Cox directing that the Board of Childrens' Guardians be notified. The Judge remarked that he was constrained to say tne appearance oi m manv hnvs hefnrft him was another evi dence that the city should provide some reformatory institution wnere ooys migni be sent. Instead of to the workhouse or pail where they are thrown Into the bad Influence of older and more hardened criminals. . Altered Victim of lury. Minnie Marshrnon has brought suit against Arthur N. Wilson for $400 damages for wrongful conversion of property. The defendant is 'a money-lender. The plaintiff charges that he exacted an excessive rate of Interest on money loaned to her. Feb. 9, 1804, she borrowed $20 from Wilson, and says she tendered her note for $25, giving a chattel mortgage on her household goods. She asserts that after she had paid the legal interest Wilson claimed that she yet owed him $C0 on the Indebtedness, and induced her to turn over her household goods to him, which, she says, he is about to sell. Receiver for u. Religion Paper. Judge McMaster, of the Superior Court, yesterday appointed Joseph S. Jenckes receiver of the Westminster Endeavorer, a publication devoted to the Interests of the Presbyterian Church. The receivership was created on the application of Joseph Moore, of Pittsburg, who Is financially interested in the paper. The assets and liabilities are small. It Is the understanding that after the business is settled up the publication will be continued. A to Liquor Law Violations. Judge McCray yesterday Instructed the grand jury, which convened for the month of March, to thoroughly Investigate the reports that the liquor laws are being violated in this city. He said all laws on the KiiMect are still in force and that it is the duty of the jury to return indictments if it finds there nave been violations. They Are Still Holding Court. The report that Justices Milton H. Daniels and James Johnston will retire from office this week is Incorrect, Their terms of office do not expire until April 11. In the meantime they will continue to hold court in the basement rooms of the Baldwin Block. THE COURT RECORD. ' Superior Court. Room 1Jno. L. McMaster, Judge. Edward A. Eldrilgevs. Wm. R. Robinson et al.; foreclosure. Dismissed. Thomas Maholm vs. Metropolitan Insurance Company; contract. On trial by court. Room 3 Pliny W. Bartholomew, Judge, Willard H." Hubbard vs. Bemara Koehrlng et al.; new trial. Dismissed and costs paid. t evr Suits Filed. Lewis .V. Boyle et al. vs. William A. Rhodes et al.; suit on note. Superior Court, Room 3. Minnie Marshrnon vs. Arthur N. Wilson; suit for wrongful conversion of personal Dronertv. Superior Court. Itoom 2 Howard Kimball vs. John A. Smith et al.; suit on note. Superior court, uoom i. Alembert W. Brayton vs. James W. Fes ler et aL; complaint for injunction. Su perior Court, Roon 1. It With All Kelly's Fault. Sergeant Corrigan and a squad of patrol men surrounded a house on West street at 3 o'clock yesterday morning and arrested Mrs. lillie Stephenson, John Dixon, John Kelly and Edward McCole. It was shown in Police Court yesterday that Mrs. Stephen mii'b husband is at w-ork in the country. and that the man Kelly boarded at their house. He brought the otner two men to the house, and the trio got drunk and dis turned the neighbors. A number of wit nesses testified a3- to the woman'8 good character, and Judge Cox said that there was no testimony to show that she had done wrong. He said he thought Kelly w;s to blame for the trouble. T.ie court was sorry that he could only be fined for intoxication, as he ought to be sent to the work house for sixty days. - - Br&3 and Iron Bedateads-Tin. L, Elicr.

ABT AND MCSIC, TOO

TIIEV WILL HE 1CLIDEI I THE KW l.MVERSITV PROJECT. Committee Appointed to Prepare Artl cles of Incorporation Early Auinlsnutatlon Proposed. Several important steps were taken with reference to the proposed university project yesterday afternoon, when the temporary advisory committee, composed of fourteen men, representing the different Interests Involved, met in the Commercial Club assembly room. The temporary committee gave way to a permanent one, to be composed of seventeen members. Dr. P. II. Jameson was elected permanent chairman and Dr. G. E. Hunt secretary The following gentlemen compose the permanent committee: Ex-Judge B. K. Elliott and W. P. Flshbacki of the Law School; Drs. G. E. Hunt and H. S. Hicks, of the Dental College; Drs, J. W. Marsee and J. H. Oliver, representing the Medical College; Dr. P. H. Jameson, Hilton U. Brown and Scot Butler, representing Butler University. A. C. Harris and John R. Wilson are also members of the committee. On behalf of the city Mayor Taggart has been named, while the Commercial Club and Board of Trade are represented by Colonel Ell Lilly and Allen Fletcher, respectively. In addition to those named above, the committee was Instructed -to nominate three prominent business men to represent the city at large. It now re mains for the Art Association and the dif ferent art and music schools to take part in the proposed organization. It was suggested that, as there were aulte a number of art and music schools in the city, it would be well to secure some concerted action on the part of both Interests, with a view to their becoming represented on the advisory com mittee. W. P. Fishback, H. 3. Hicks, Hilton U. Brown and J. W. Marsee were appointed as a subcommittee. They were delegated with the duty of conferlng with the representatives of the different art and muslo schools. These will be requested to take part In the general plan. If they come into the proposed association, all schools in the city will be amalgamated into one large association. TTltlmatelv an effort may be made to embrace the Industrial Training School, but no attempt will be made in that direction at present. , In the meantime all the colleges that have entered the scheme will move forward to wards the formation of a university. The following committee was appointed to draft Dlans and articles of incorporation: Ex-Judge B. K. Elliott. John R. Wilson, Allen Fletch er, C. R. Williams and Rev. M. L. names. It was suggested that the matter of forming articles of association coma Dest oe taKen in hands by a committee of business men and lawyers. Before the report of this committee is presented to the full advisory committer it will h submitted to the committee of four, which is composed ot representatives of j the colleges solely, if approved Dy tne college committee of four the report will be submitted to the advisory committee tor action at its meeting next Monday afternoon. THE 1896-7 CATALOGUES. Jqhn R. Wilson, on behalf of the subcom mittee appointed at the last meeting to con sider the feasibility of the proposed amalgamation reported that there were some legal obstructions to the proposed plan that could be remedied by legislation. The business of the university would necessarily have to be conducted by a corporation. The laws au thorizing the Incorporation of colleges con fer upon them no power to submerge their corporate existence into that of a general corporation, and until tne legislature snau enact laws removing this disability an agreement on the part --f the various colleges to enter into a federation would not be legally binding. There would be no obligation upon them except the moral obligation to amae oy their agreements. He proposed that the col leges proceed with the plans, leaving legal considerations behind. It was the unanimous opinion of those present that no difficulties would be encountered upon this score, as there is no question but that the next Legislature will pass any and all laws that may be necessary for the furtherance of an educational scheme of this magnitude. Mr. Fishback called attention to the fact that within the next few weeks the different colleges will prepare their catalogues for the season of 18DS-7. and urged that immediate action be 'taken, in order that the amalgamation may be placed upon a permanent basis at once. If this is done he pointed out that the colleges can prepare their catalogues under the auspices of the Indianapolis University. By this means the world at large will have the existence of the university impressed upon its mind. Expressions were heard upon the question of public sentiment towards the proposed movement. Allen Fletcher said that there Is no question but that the entire public is In favor of the university idea. (It is a matter that is bound to be received favorably. Mr. Flskback said he believed the public has been aroused to the size and importance of the colleges in this city by the recent demonstration upon ashington's birthday, when six hundred students marched through the streets. Until that fact was heralded forth but few people realized how many students came here every year. By this time next year he predicts there will be a thousand or twelve hundred young men in the city attending the different Institu tlons of learning. Considered in a business light, it is of an immense advantage to have a university formed, as thousands of dollars will come into the city every year. A num ber of other expressions in a like vein were heard. It was asserted that the subject is be ing discussed on every hand. On the street cars, at drug stores and street corners the matter is being talked about, and every one favors the project. It was the opinion of all tnat the time and city were ripe for the formation of the university. BREWERIES AND SALOON LICENSES.' County Commissioners Hold Ip nn . Appllcntltn on Suspicion. Yesterday was liquor license day with the Board of County Commissioners, and 102 licenses were granted before dinner. In the afternoon the board talked about the application of Fred Miessen, who wants to open a saloon at No. 359 Virginia avenue. Meissen's application has been on file several days. The commissioners might have grunted the license yesterday had it not come to their ears that the Home Brewing Company is probably interested in the saloon which Meissen expects to start. Captain RItter visited the board yesterday morning and advised the members to withhold Meissen's license. The latter, attorney RItter had heard, recently made the statement that h was taking out the license for the Home Brewing Company, which concern would run the saloon. The commissioners say that If this is the case they cannot, under the new liquor law, consider Miessen's application Tho applicant has employed an attorney, and will discuss the matter with the board. The manager of the Home Brewing Company denies the report that the company is trying to get permission to sell liquor by retail. The commissioners will hear the remonstrance against Louis Martin, of Clifford avenue, Thursday. Martin and his friends are making a warm fight against the remonstrance. They claim that many of the signatures to the petition were placed there by the wives of voters, and are illegal. One of Martin's friends stated yesterday that a number of those who signed the petition were willing to take their names off. Tho board says this will not be permitted, although Judge Brown, of the Circuit Court, has held that remonstrators may remove their names from a petition any time be-, fore the petition is passed upon by the board. The commissioners insUt that thla decision will not stand in the Supreme Court, and that tribunal will probably be called upon to decide the present case. A Blood Clot on Ills, Henri. Joseph C. Dean, seventy-four years olJ, died suddenly Saturday evening. He lived with his daughter, Mrs. Jennie Wise, of 163 North Capftol avenue. Mrs. Wise and her father were sitting together chatting gaily, when Mr. Dean's head suddenly dropped forward on his chest. She ran to his assitance and found her father dead. Coroner Castor was notified, and ordered a post mortem examination made, which revealed that Mr. Dean died from the effects of a blood clot upon his heart. The funeral will take place to-day. . Mn. Wallace 3Iuch Improved. Mr. and Mrs. David Wallace returned yes - terday from the bedside of Mrs. Zerelda. G. Wallace at Caitara-ct, Ind. Mrs. Wallace la much improved, and it is now believed she rcvlU recover unless tiew unlooked-for complications arise.

THE SIRVIVAL OF THE FITTEST.

rorty-Mnlh Scml-.nianl Opening f A. J. Treat A Son. The survival of the fittest 'is a true In art as it Im in nature. The fittest doo and should survive, it cannot be otherwise In this progressive age. so rife with comiHtition. There Is no sphere in life that is not governed by this inexorable law. In this conlliet the statesman draws hi ambition, the poet his inspiration, the artist his ideal. If the fittest did not survive men in this closing decade of the nineteenth century would be clothed in garments fashioned from fig leave's or from the skins of wild animals. The looms that weave the finest fabrics would never have been invt-nt-l. The silk worm would have lived its life undiscovered and unmolested. The poet of all the centuries, who wrote "The apparel oft proclaims the man." aipreciated the satisfaction of wearing wellmade clothes. Here, aain. the survival of the fittest works out its own problem. The garments now fashioned in this establishment, under the skillful direction of Mr. Isolds M. 3ray, the head cutter, and Mr. J. M. McPhetridge, his assistant, go out into the world without fear of criticism in any of the- larg-e cities on both sides of the Atlantic. The apparel of a gentleman what comprises it? That Is the question, la it the unfinished material fresh from foreign mills that we find displayed by "s, in all their beautiful effects of cob and designs, or is it tho finished pn the completed garments, draped and ended, fashioned and fitted by the artist, who takes your measure, notes your deformities and peculiarities, humors your whims and listens patiently and understandlngly to your suggestions? What is the result? The apparel of a gentleman, a symphony in silk and wool, a dream of curves without angles, and to the wearer a feeling of satisfaction ar.d comfort when he Tealizes that he is faultlessly dressed. The survival of the fittest is a combination of both. During Messrs. A. J. Treat & Son's fortyninth semi-annual opening, which begins to-day, there will be an opportunity for lovers of good form In dress and in tho beautiful in textile fabrics to become posted in all that is new and novel. The firm takes this means of acquainting and assuring their many friends and patrons that never before in the history of tailoring in Indianapolis has the wealth of tilsplay been so varied and magnificent. The garments that this season will bring forth are exceedingly artistic It is from this establishment only that the latest Amorcan and English fashions appear simultaneously with their introduction. The quiet elegance for which this hou?e U, noted gives tone and style to gentlemen who wish to possess the consciousness of being well dressed without ostentation. Gentlemen who appreciate art in its widest sense even in a commonplace coat, vest and trousers should not fail to visit this display of spring novelties. In addition to the regular city trade, the esteemed patrons throughout the Stat enjoy the same advantages as those who come directly to the nouse. They are enabled to do this through A. J. Treat & Son's traveling representative, Mr. Thomas A. Reade, who visits, with a full line -of the season's samples, all the principal cities of Indiana. TO-DAY'S OPEXIXG. Badger Furniture Co. Display of Furniture, Decoration, Etc. "Openings" always , interest the women folk, but more than ordinary interest attaches to the opening of the new store of the Iladger "Furniture Company, at "to and 77 Last Washington street and 20 and 24 Virginia avenue, which occurs to-day. Every effort has been mad" to have this opening an event tnat will please everybody who admires anything artistic in the things that go to make a home habitable. Such a rich and varied array of antique reproductions and all the genuinely beautiful ideas in furniture is seldom got together, while the decorative displays are perfectly bewitching. Nothing prettier than tho "Oriental iRoom," on the second floor, has been attempted in such an establishment as this. As an additional good feartf tho nonin? a collection of rare Oriental rugs lias been gathered from the far corners ot tne jasi, anu mo ji un less beauties will be spread on the floors of the Badger Furniture Company's store today, to be stepped on and looked at by the visitors, Thero are Ilamldieh and Meles rugs from Turkev; Iran. Siva, Shiraz and Pherazhans from Persia: Shirvan. Dachlstan, Keyah and Cavabagh from Russian Caucasia, 1 Bokhara and Khiva from the Khanates of Great Tartary and hundreds of others. The open ing, with musio and flowers, is from 3 a. m. to 10 p. m. Home Seeker Excnralpna -via 3IIHourl Prclflc Railway and Iron , Mountain Route. On March 10 and April 7 tickets will le sold to points in Kansas, Nebraska, North and South Dakota. Indian Territory. Oklahoma, Arkansas, Texas, Louisiana and Arizona. The rate will be one fare round trip plus $2. Tickets good to leave destination returning twenty-one days from date of sale. For information address Coke Alexander, District Passenger Agent, 7 Jackson place, Indianapolis. Jndse Harvey Has sustained the complaint against an infringement on the name "Iifinbury." There is only one Danbury Hat Co., and they are located at No. 8 East Washington street. Upriebt Piano Regular price 5300, at Wulschner's special eale. . ' Insure Your Property' With the McGllliard Agency Company. For forty years Cook's Extra Dry Imperial Champagne has stood the test for purity and its delicious bouquet. Hardwood Mantels. Orates. Jno. 1L Lilly. Feed your horse JANES' S Dustiess Oats, Insure your home in the Glens Falls. GUITARS I3.M. Cirlin A Lennox. 31 E. Market tt

Auchm

THE ISPfXIKIS STOCK OF , Watches, Diamonds, Jewelry, Silverware, Clocks, Etc., formerly owned by William J. Eisele, will be sold to satisfy

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Sale at 2 and 7:30 p. m. daily until the entire stock is sold, including Fixtures, Street Olocls:. 15 to.. " T 42 WEST WASHINGTON STREET John F. Turner, Conducting Sale.

ROCKERS!

There is a "merry war" on between two of the leading Chair Manufacturers in Michigan, and we bought a lot of elegant new patterns in ood-seat Kockers in Antique Oak and Birch, that we could not under any ordinary circumstances sell for less than SS or S(J, at a price that will enable us to sell this lot at So each. They are fresh designs. ISee them in the windows. WM. L. ELDER, 43 & 45 South Meridian Street.

The tobacco used in this cisor

The Mercantile is equal to any that are imported. See that tho word WEBCAM TILE is stamped on each ciar. F. d RICE r.nCANTUG COA CO, HI Louii

tiKMLEMEVS DHL.

A Miort Epitome on Mylrn fur the t'oiulnir rnMit hy the Wrll-Ktinvin Tailoring Houie of Iwtlly llroa., T . lerlulan Slrccl. Tho prir.c of'V lin n.arn tn inu' Mf-iriric aprar-l Tif fnt.rio liil rrr irHirattrartlvu and tautltul jLjui -r lr(vr. Turk mi l fOin.r coloring jrecw tia. a:il cutl mm ! th to t mrmalv trfs'd nill hae t near tinl.t an.1 attractive i'Ji!Uru. an-l there is a jf.x.rily nunitwr f tbese t M'lert trow !n ail tirt-,la'a.utaj,rimiit-. I'.lack.v blur anM f..rii will It poim-ar sth n r.t conservative !rvsr, tut t!i rr:al color for the -iiou will r rtM,t tranu. and ar craft, altboug'j trrtfti ami other nov'l nba W m ill IwiiL Tt new featurr la Use making urn t-iuar-r bmilVrs hortT lMitrtli and plain flni-h fur tli caU; a Uv for Kluisle-brastrd and Mr -nlne for e'nh: dri-Mi, and the trtnixn are -li--rtjr ly liartower. aiul Laa lew spring. Mr. 1 rank T. Ulii-y jtoMc overt! rutting department, and alt i-&lr intruded tin Una nill rti-elre l'romj.i ano carrlul artrottou. We Advlae Onr Friend To wna to AVM. II. r.ntKH'.I). Inltanaro!i, -when they Aiitit a tirst-rUM ju of copp-r plat engrarirf or i-rlntlng on tailing tanUor invitation. " t Yen Fine Cirart I'lEUs.iN'x, lorttt fen-v OUR ENTIRE STOCK OF Will bo olTered at reduced prices Ilarcli 3 and 4, Tuesday and Wednesday. Koyal Worcester Plates at 01.50 and upwards.' Royal Crown Derby Plates at 65c, 75c and $1 and upwards. Come and see the floods. J 'alius C. Wgu, Indiana's Lend Ids: Jewelers, Pald-Up Capital, $600,000. Surplus, 550,000 THERE are many persons who hava money to lend who are unfamiliar with business methods and wish Information about lines of Investment. They hesitate to go to Individuals: perhaps have no acquaintances whom they consider competent. They need th& advice ot qualified and experienced) men, but do not know where to find them. THE UNION TRUST CO Will be glad to serve them, and they can feel perfectly free to consult with the officers of the company about their affairs, which will cost nothing but the labor of calling. Our office Is at ' No. 68 E. Market St. OFFICERS JOHX II. IIOLLIDAY, President ADDISON O. HARRIS, 1st Vice Preatdent. HEX II Y EITEL, 2d Vice President and Treasurer. II. C. G. DAX.M, secretary. "Beside the Bonnie Brier Bush." We offer lOOeopIei of McLaren's Beilde ponnie Itrkr Ituhh," nicely bound la clotn, at ibe each, ta f tore , or 20c m alL This Is tte complete and only autnorueu edition, miu siainj or pouaJ &. CATHCART, CLELAND & CO., Bccktelltn, G East Washington St.v INDIANAPOLIS. 100 UPRIGHT PIANO :: OXE For Sale Cheap. . PEARSON'S MUSIC HOUSE, 82 & 84 N. PeuEsylYauli St., Indianapolis, lei. What We Do and Others Don't We produce tho finest laundry work In the State. We do it at less wear and tear than any other laundry. Send postal or Phone T43 and hava your linen called for and delivered. THE EXCELSIOR LAUNDRY. Try our hand laundering on dress shirts. Toins. TOURS TO EUROPE FROM 11185 to t585 All expenses: Itineraries of Kdwln J cues, 44.' Putnam av.. Brooklyn. N. Y. Fai.t. Torn to Paluitisc, $J. TOt'K ROUND T1IU WOULD, fl.tSO. o o ROCKERS! Is tho best vre can buy in Cuba.