Indianapolis Journal, Indianapolis, Marion County, 22 April 1896 — Page 8

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THE INDIANAPOLIS JOURNAL, WEDNESDAY, APRIL 22, 1898.

Eieavy Tweed.

IN BEIGE, BROWN and GRAY Is the ideal BICYCLE SUITING ITS HERE, full 60 inches wide, At OLSO Per Yard . Wc also have Of NOVELTY WOOL GOODS that are well adapted for the making' of Bicycle Skirts. You might have a look at them. L. S. Ay res & Co. Lace Curtains amidered GOOD AS NEW IN i This is the time of year to have your Lace Curtains laundered. 1 1 M ll - a. t. a. : j a i i a I iuat sucu curiums lnirusiea io na are laundered and UKFINf. ISSUED precisely as new ones. You can't do them that vraj at home. WE DO THEM, SHALL WE DO YOURS? Telephone 386, and we will call for them. , ALBERT GALL 17 snd !9 West Washington Street ART EMPORIUM. Telephone 500. Mathematical Instruments. Instruments for artists, mechanical fcnd civil engineerscomplete lines only plice in city where mathematical instruments can bo bought, except in sets. Everything from medium grades to finest Swiss. THE 11. LIEDER COMPANY. 33 Scuta Meridian Street THE POPULAR GLOVES 75c oud $1 CHAMOIS GLOVES Washable with a Patent Soap, rrhlch we hare on sale IS IOC ORDER YOUK ULOVES BY MAIL. ANMYERbAKY OF F0BEL. Children of the Kindergarten Do Honor to Their Patron. Yesterday was the blrtlj3ay anniversary of Froebel and all the children of the kinder gartena did him honor by special exercises and songs. At the morning hour, the Froebel hymn was sung and other sonss, which were written especially In memory of him and his work for children, followed later. The rooms In the several kindergarten buildings were decorated with spring flowers, all ot which Froebel Joved, while on the wall were hung pictures, busts and f.hotogxa'jh3. Tae GuarJ ilarch song was ung and the appropriate march was performed as the whit flag of Froebel was carried at the head of the line. For the rames the story of Froebl's life was told. On the small tables around which the children sat with their teachers, there were Wock3 or sand boxes and with these the children built the church Froebel loved, the house and garden where he lived and made wlta tho blocks any Hale Illustration which the teacher suggested. There were recitations by the little ones and even the babies were given some part to do In the general celebration. As a souvenir of the day, each child wes given a card to which was pressed a newer. Other children molded clay blocks and placed on them an Impression of Froebti's head. Exercises wero alike In all the schools. In the afternoon the Froebel Club celebrated the day at the Marg3ret-3treet Kindergarten, opposite tho City Hospital. Miss Stella McCarty, president of the club, made an address and the others gave Informal talks. AU the teachers of the kindergartens are members of th club and the large, cat-cry room was filled with the young- women wno have made this Interesting teaching of little children their lifework. - .LOUISVILLE POLICE METHODS. Released Whit Starr, Thonjth Superintendent Colbert "Wanted Him. Whit Starr, under the alias of Brockway, was arrested la Louisville several days ago. Suspecting that the prisoner was a wellknown crook, the superintendent of police of Louisville sent his picture to the department here, where It was quickly recognized. Starr Is wanted here for three robberies, and Superintendent Colbert at once telegraphed the authorities at Louisville to hold him until an olllcer with requisition papers could be sent to brinz him to this city. Yesterday afternoon, while the superintendent was ousy having the documents prejMred. he received a telegram informing him that Brockwny had forfeited his bond ,and sapped cut. The superintendent was In censed to think ttiat the LouisviUe Dollce oftl cials had allowed him to furnish bond, as he hid cautioned them that Starr U a bad man. ikarr has Influential friends who always try io ai mm 10 evaae punisnment wnen no is cap:ured. Starr was sentenced to the penitentiary some years ago, and escaped from Sheriff t-immett wnne on me road to axiehJjun City. He was afterwards retaken at Chieazo an,i returned to trtls cfty three months ago, after serving out nis sentence. WILL HAVE OVER 700 STUDENTS. University Contract Accepted by Four Rlflr School. The board of trustees of the University of Indianapolis will meet In the assembly room of the Commercial Club at 4 o'clock this afternoon. Counselor John It. Wilson has for mulated contracts under which Rutlcr Col lege, the Medical College cr Indiana, the Indiana Dental College and the Indiana Law bchool will become ilc-nartmenta of the uni versity. These contracts have been accepted by the four fchools and all that now remains I to have them formally accepted by the l-oard. The university wUl thtn have over j0 students, according to the attendance at th several schools during the past year. It 1 oped to increase the attendance to 1,000 students at the next session. A lircs variety of Tables. Wm. L. Elder.

GOWDY INSISTS ON IT

im SAYS M'KINLEY INSTRUCTIONS SUA LI UK GIVES, And the Word "Shall" In 'Ills Intertervievr Is n the Imperative 3Iood. Chairman Gowdy, of the Republican State committee, when asked by a reporter of the Journal what bis attitude was in reference to indorsement of Governor McKiniey for President and instructing the delegates, said: "I am in favor of strong Indorsements of Governor McKiniey, at the Slate convention, and I am also in favor of instructing the delegates at large to vote for him at the tt. Louis convection, as long as there Is a reasonable chance for his nomination. I regretted very much the letter of General Harrison declining to permit the use of his name as a candidate, and tried to impress him with the importance of not giving his letter to the public. I believed then If he had remained silent, as he had in the past, that he could have been nominated at St. Louis, but from the tone of his letter, and his expressions when referring to it, I was convinced that he was sincere and honest, and meant every word he said; that he was not then a candidate, and did not desire to be so considered. I am still of the opinion that he Is not a candidate for President, and will not be, and in my Judgment, no one regrets more than he that his name Is being used to defeat Governor McKlnley's nomination. "Immediately after General Harrison's letter I sent a letter to each of the ninety-two chairmen In the State, requested ithem to advise us by return mall who the Republicans In each county and district favored for President (admitting that General Harrison was not now a candidate), naming them in the following order: McKiniey, Allison, Reed and Morton. In Ave days I received fiftytwo answers, showing that at least 90 per cent, of the Itepublicans in the respective counties favored McKlnley's nomination. Immediately after receiving the ietters above referred to I freely expressed myself as favoring McKlnley's nomination. I em not pojins as a dictator or a a boss. I have always made It a point to learn what the masses of the party desired, and tried to carry out their wishes. I believe that a chairman of the State committee should be known a3 the servant of the party, and not as a dictator. I am trying faithfully to perform my duties along that line, and feel very sure that both Indorsement and instructions will be passed "by the convention. It seems to me but reasonable that the convention should do so, when it has been so clearly shown by the county and district conventions that at least SO per cent, of the Republicans of Indiana favor McKlnley's nomination, and that the delegates attending the convention have the right to say who they favor as a presidential candidate. It certainly does not seem to me to be good polltics in Indiana for less than 10 per cent, of the Republicans in the State to attempt ta dictate and control the action of the rotate convention, when 90 per cent, of the delegates In the convention will be favorable to Governor McKlnley's nomination. I will insist that indorsements and instructions shall be passed favoring McKlnley's nomination." Yesterday there was a revival of the talk that sprang up some months ago about sendind General Harrison to St. Louis at the head of the Indiana delegation. It was stated by Harrison's friends at that time that Vt was entirely unlikely that he would think of accepting such a responsibility. Yesterday E. F. Tibbotc, General Harrison's private secretary, was asked If the ex-President had any knowledge ot the talk In favor of making him a delegate at large. ."The General does not knew anything of it, and of course will not go." said Mr. Tlbbott, . A Secret McKiniey Conference. A secret conference of McKiniey men was held last night at Chairman Gowdy's rooms In the Denlson. The meeting was an Invitation affair and was attended by W. It. Holloway, Judge E. B. Martlndale, Judge Lewis C. Walker and about half a dozen others beside the chairman. The meeting was called to determine upon the best method of getting instructions through, but it lssa!d that a number of those present advised against forcing a struggle on this .Issue in the con vention. However, all those present declined to state what conclusions. If any, the conference reacnea. TUB DEMOCRATIC APATHY. Hard Even to Get Up Wind for the 3Iat thews Boom. The thing that bothers the 'Indiana Demo crats just now is the fact that It Is utterly Impossible for the leaders to stir up any Interest In politics among the rank and file. The Democrats decline to get excited, on the subject of candidates, either in local. State or national. They do not take much Interest even in the prospect of a wideopen split In the party at Chicago on the money question. Try to draw the average Democrat out on any of these subjects and he will reply: "What the deuce Is the dif ference? We're not in It, anyhow, and I don't know as it cuts much figure who we nominate or what we have In our platform." The average Democrat Is a Democrat partly because his father was and partly because he hopes for reward either for himself or for some of his friends, and when this lat ter reason Js taken away, though his heredi tary Democracy may remain with him, he loses all Interest In politics. "Our whole difficulty," said one of the Indianapolis Democrats who has been prominent in the State politics during the last four years, "lies In the fact that it Is impossible to make our people believe that they have any chance of success. We can preach to them ail we want to. and It certainly looks, with the blunders the Republicans are making, and the course their State chairman Is taking, as though we ought to be able to persuade our people that there 13 some hope of carrying the State, but simply can't do it. One fellow I was talking to yesterday replied that the P.epublicans might kick their organization into the deep blue sea and they would still carry tho State. I believe If we could get Taggart to run it would cause an improvement of about 20 per cent. In our prospects, because the Democrats throughout the State have an idea that he carries the rabbit's foot and cannot be defeated. Of course that is all rot, but Just the same they have this faith, and it would stir up hope In them." "Would you then have any hope of carrying the State?" was asked. "Xo, . we would probably not carry ft on either the presidential or the State ticket, but If we couldn't carry the Legislature under those circumstances we could at least scare the life out of the Republicans." Governor Matthews and his friends And a little more cause for complaint about this apathy than anybody else. The Governor is about the only democrat in Indiana that aspires for anything this year outside of a few local candidates in Democratic strongholds. He ivants to be the nominee for President In order to be In line four years hence. and Is very anxious to that end. Hut he finds It impossible to stir up any Interest among the other Democrats or the state except the ever-faithful Myron King. They are all too busy looking out of the window or thinking how the river flows to pay any attention to pontics just now, ana the uov ernors presidential boom In the meantime la In danjrer or starving to death for want of win! in the lungs of his friends and space in the Democratic State organ, which would be lust tickled to death with an Invitation to his political funeral. Chanft-en In Precinct Meetings. The following corrections are made in places for holding precinct primaries: The Second iMvcinet. Fourth ward, will meet at engine house, corner Twenty-second street anl Kenwood avenue. The Fifth Drecinct. Sixth ward, will meet at the office of the Michigan Lumber Com pany, corner Fulton and North streets. The Eleventh precinct. Eleventh ward, wll meet at 3 West New York street. The Second precinct. Twelfth ward, wil meet at 90 Kentuckv avenue. i.'.J Precinct 187. West Indianapolis, wil meet at corner Oliver avenue and Division street. Apportionment Tlrlef. Winter. Miller & Klam. attorneys for the Republican State committer, flnlrfiel their brier in tne urayion apporiionxr.e nt care last evening, and It will be filed in the Supreme Court this morning. Political Notes. The Northeast Republican Club, II. B. Snyder, president, will meet at Bellefontalne Hall to-morrow nicht. The primary Friday in the Fourth precinct of Wayne township will be held at 7:30 in the evening instead or tne atternoon as announced. . On account of a typographical error In the call printed In yesterdays Journal for the Republican county convention, the Circuit Judgeship was omitted in the list of officers for which nominations are to be mad. The East End Doxey Club will meet t Its clubhouse. No. IOCS Hast Washington street.

on Thursday right this week, instead of Friday. The meeting night has been changed

for this week on account of the primaries to be held on the regular night. There will be a meeting at North Side Re publican Club, No. 424 College avenue, this evening, at which the voters In that vicinity will be given an opportunity of meeting th various candidates. A CHARGE OF IMPROPER CONDUCT. Trial of Ilev. Dr. McMillan lie fort In dianapolis Presbytery. The Indianapolis Presbytery began Its an nual meeting last night la Memorial Presbyterian Church. The meeting will continue to-day and probably close to-night. Rev. Charles E. Huffer, of E31nhurg, preached the sermon last nb?ht. His subject was the 'Kingdom of God on Earth as Indicated In the Lord' prayer Thy Kingdom Come.,M He spoke of the great change that had tak en place In the world since that prayer waa flrsa uttered by Christ. He found that In that Interval there had been a great change In the world for the better, and that it was greatly Improved, both morally and intel lectually. Ransom E. Hawley, pastor of the Acton Presbyterian Church, waa elected Moderator, there being no other nominations. He did not make an address. The clerk read four letters from applicants for admission to the Dresbvterv. all of which were ac cepted. They were from Clarence J. Forsythe, of the Pittsburg Presbytery; Daniel li. Ilanta. Crawfordsvtlle Presbytery: W. H. Sands, Whitewater Presbytery, and Edward E. Walker, Ifloomington. til., ire-Dyiery. The committee on programme announced that this morning at 8:30 o'clock there will h devotional exercises led by Rev. Ell A. Allen, of the Sixth Presbyterian Church, and that the business session would begin at 9 o'clock. At noon there will be a recess of two hours. Lunch will be served to those present in a neighboring residence during the recess. . , The most absorbing question that Is to come before the session to-day Is the trial of Rev. Dr. IS. Si. Alcaiinan, lormeny az Franklin, but now in, Kentucky. The charges against him are general, clmply Btatinj? that he Is guilty of Improper condtint. Several of those present last night aald they did not think the charges would bo sustained, althougn it was not uiteiy mat the matter would be settled by allowing Dr. McMillan to demit. The resignation of Dr. Rondthaler and his request to be dismissed with a recommendation to tho Presbytery of Chicago will also be considered to-day. Aside from these matters tne Business win be of a routine nature. The reports of the different church societies will De received and the missionary report win ne real. THREE SAL0OXS CLOSED. An Injustice Done to Justice of Peace Culbertson. Jnt of lie A noker came In the basement of Henry Stock's saloon, corner of CouVt and Dela ware streets, was raided Saturday night. On the strength of statements made by the police, the Journal said Sunday morning: It has been known for a long time that there has been a 'blind-tiger In the base ment of Stock's place. Some time ago Jus tice Culbertson filed an affidavit against a man who, Culbertson claimed, had cheated him out of J10. Justice Bears allowed the case to be dismissed by default, when Cul bertson, the prosecuting witness, failed to appear to testify." v The above statement does an Injustice to Justice Culbertson, who says that he has never played a game of poker in his lire. Credence was given to the statement, as it was known that such an Incident had occurred, but It happens that it was another Justice who made the affidavit In Justice Sears's court, and not Justice Culbertson. Stock's saloon was ordered closed by Su perintendent Colbert yesterday, who also or dered John Nourse, who naa been running two saloons, one at Grant and West and the other at Ray and West streets, to quit business. A few days ago saloon keeper Hlgnite was also ordered to quit the business. Superintendent Colbert says that neither of the three men will be permitted to run saloons in the future, as they are un fit to be in the business. Stock was warned to stop the gambling in his place, but it is charged that he knocked on the floor of his saloon Saturday mgnt in an enort to notify the players that the police were about to get them. MORE RAIN NEEDED. Weekly Crop Bulletin of the Weather Dureau. The weekly bulletin of the Weather Bu reau. Issued and compiled with the assistance of the experimental station of Purdue Uni versity, says of the crops of Indiana: "Warm, favorable, sunny weather during the week improved everything growing; trees,' are all green, 'and all vegetation advanced rapidly, but there were only few light showers at the beginning of the week, and rain is needed much everywhere. Wheat, barley, rye and young clover have been much improved, except wheat and young clover on clay ground, which are rather short and thin on the ground. Grass, pasturage and meadows, although short in many localities, look quite green and vigorous. Much gardening has been done. Oats sowing progresses well, and In the southern and central portion most Is In and some coming up. Plowing for corn progresses rapidly, except In few counties; some corn has been planted in the southern Jortion, but farmers in general delay plantng, fearing the cutworm. Tobacco plants are coming cn well in Switzerland count. Peaches, cherries and plums are all in bloom, but apples are backward in some, localities, and the bloom Is not as thick as last year, but In general so far the fruit orospect Is excellent at present." . DANGEROUS WISPS OP HAY. Snpf. Colbert on the Wnrpnth Xo Arreat for Dansreroua Water Caps. Tho street-sweeping contractors have made considerable complaint on account of the habit some hay dealers have of permitting wagons leaded with hay and straw to be driven over the improved streets. Section 33 of the street and alley ordinance forbids any person to drive wagons loaded with gravel, rubbish and other articles likely to litter up the streets, upon any improved highways. Superintendent Colbert believes that this section will cover the hay and straw wagons, and the patrolmen have been Instructed to arrest all persons found driving hay wagons through the Improved streets, unless they are protected by canvas or some other device In such a way that wisps of hay and straw will not fall upon the pavements.. Samuel Arnold, a farmer living in Wayne township, was arrested for violating the section mentioned, and it is the intention to test the question when his case comes up for trial. The superintendent of police has made no arrests for maintaining the dangerous water caps. SO CHARGE FOR NOTARY FEES. Thomas Tost Will Look After This for the Pensioners. There was a very large attendance at Thomas Post last evening. Important action was taken regarding the preparation of pen sion vouchers under the new law. It was decided that Thomas Post should have notaries at convenient offices, to which pen sioners can go and have their vouchers prepared without cost and have them sent at once to the pension agency. Assistant Adjutant General Smock ' tali that all vouchers brought to department headquarters would be attested free of cost to the pensioners. Hiram Plummer will attest all vouchers brought to his office on Market street. Adjutant General Robbins, .tin hrrcueht the matter im floorer fin-fcr Hiram Plummer, Robert E. Smith and N. E. Downey were made a committee to at tend to fhe matter and report fully. The Post voted to jro to the State Encampment over me i-ennsyivama line. TWELVE SCRAPERS TO GREENWOOD Expected that Work on the Electric Line Will De Pushed. Last evening twelve scrapeTs, such as are tised In railway grading, wero taken to Greenwood for use in grading the new Greenwood and Indianapolis electric line. It was reported in Greenwood last Saturdav that work was to begin last Mondaj. but most or tne people of that town, were unwi ing to believe the report until they saw the men at work. Other machinery has alo been Uen from here and it 13 claimed the work of grading the ilno will too rapidly pusnea.

SCORED ME. KETCH AM

SUPREME COURT SHARPLY CRITICISES TUB ATTORNEY-GENERAL. Went Outside the Record In a Slurdcr Appeal Case Ills Peculiar Position. ' The Supreme Court In handing down a de cision yesterday denying the petition for a rehearing in the case of John Siberry, of Wells county, now in the penitentiary for the killing of his wife, took occasion to give the Attorney-general a very severe scoring, and Inasmuch as the Attorney-general is practically an officer of the court, the action caused a great deal of comment among members of the bar who learned of it. The opinion was written by Chief Justice McCabe and reads in part as follows: A very earnest petition for a rehearing s presented In this case. And It is support ed by a very able brief on behalf of the appellee. The Attornev-ereneral has Inter posed a brief In opposition thereto of marked and signal ability in which be has ably delenaect each one of the rulings made In the original opinion ureed as erroneous by the appellee's learned counsel!.'. "But the Attorney-general In conclusion, says: 'Having said so much in support of tne judgment or the court, and against the petition for a rehearing, I am somewhat embarrassed by the situation. In preparing the brief and examining for that purpose the opinion of the court, I observed the language of the court with regard to the manner in which the oringial brief on behalf of tne biate was prepared, and I, therefore, have carefully and as conscientiously as I can, examined the record in thl3 case, and I feel bound to suggest to the court that In my Judgment this Judgment ought not to stand. The defendant was Indicted for murder, as well as for involuntary manslaugh-t-i. vj tin vi nic lii&i ;uuiw ql uie muiciiueni, Bractically every act of his past life was rought into review, and It was undoubtedly true upon the evidence that ha was a man of violent and arbitrary disposition; jealous oi nis young wire and brutal m his treatment of her; that he had separated from her without cause. All of these circumstances were proper to be shown under the first count of the Indictment, and yet it is as cer tain as mat two and two make four, that he never was guilty of murder, and upon the count Of Involuntarv manslauehtpr all of this evidence was admissible. The theory of the second count was that his wife was Kinea while engaged .in an unlawful act, viz: drawincr or threatening to use a nlstni already drawn upon another person. (Sec tion liurns Ann. Rev.) He did have a pistol in his hand that went off. and that occasioned the death of his wife. But sometnmg more than that is meant by the language of that section to draw a deadlv wea pon. To draw a pistol has a technical meaning, and to have It In one'9 hands does not meet tne requirements of ..that statute. There must be seme element of Illegality In connection with the. drawing, and if the eyewitnesses to the transaction are to be Denevca, there was no more thought or Intention on the Dart of the accused of draw ing a weapon upon his wife, or of threaten ing io use u upon ner, than there was of his oeing translated. Personally. I do not ee hnw if u sible to read this testimony and believe that mere was anyming in the world in connection with that killing except "sheer" carelessness and accident. The defendant, at the time of his first trial, was twenty-six years of ace. He has now been in 4hA nenltonHorv for over five years and has ten years yet to nerve. Ai mat time ne will come out from the service between fortv and fiftv wnn nf age. broken in character, with no hone or DossiDiuy aneaa of . him. and all. as I am constrained to believe, because there was a great and extraordinary excitement in the county growing out of the treatment of which he had been guiuy before he and his wife had come together, and an inference, unwarranted by the facts, that the killing was rurposely and intentionally done, a coldblooded, brutal murder, xne extracts from me paper tnat are within the leaves of the transcript, al thou eh not a nart of th ro. ord, conclusively show this, and I do not believe that I shall have performed my entire duty to this court and. the State without pointing out these facts After complimentins uuj inai juuge ana tne counsel that defended appellant, the Attorney-general winds up by saying: 'I fee certain from a careful inspection of all the evidence and weighing it with all the presumptions in favor of the action of the court below that I can give them, that that evidence does not warrant the findlne and ludement that i against the defendant. COURTS DREARY TASK. "The foregoing statement of the Attorneygeneral, who alone Is authorized by law to represent and defend the interests of the State In all criminal cases In this court, has profoundly impressed t us. (R. S. 1891, kec. 7CS6; Stewart vs. State, 24 Ind., 142.) Had these statements come from the counsel for the appellant we should have felt Justified In summarily disposing, of them. But, coming from the attorney oa 'the other side of the case, we were induced . thereby to doubt the correctness of the' .conclusions we had reached, and thereby were doubly constrained to give to the voluminous record of nearly a thousand printed pages and the numerous questions .therein involved a thor ough, painstaking and conscientious reexam ination. "That dreary task must be undertaken and performed .wholly without the old tif counsel on the side of the State, since the above statement from the State's cnlv counsel has the effect to greatly . weaken, if not to wholly destroy, the force of all he had previously said in defense ,ot the judgment helow and the conclusion -reached by us :.n affirming it. (. "We do not mean to intimate that it Is the duty of the Attorney-general in all cases to insist on this court affirming a judgment of conviction, especially where manifest and prejudicial error has been committ;d against a aeienaant-Deiow. nut we do mean :o say that 8implv because he may have a right in his official capacity of making 'a careful inspection of all the evidence and weighing It.' and. 'feeling that the evidence dots not warrant the finding and Judgment,' we may also have a right to follow his feelings and weigh or determine conflicts in the evidt-nce and reverse the Judgment oa the weight of tne evidence we deny.-, "The 'great and extraordinary ercltemrnt In the county, erowine out of tha treatment of which he nad been guilty before he nnd his wife had come together,' etc., causing a wrongful conviction of the defendant, as the Attorney-general strongly . Intimates.' Is r.ot assigned as one or the grounds for a new trial, nor is It assigned as error in any form. In fact, we have failed to. find niy rvidence in the record that there was g'eat ard ex traordlnary excitement In the county sgainst the accused, or that excitement, either &cat or small. In the county at any time pre vailed against him on account of th.j diffi culty between him and his wife, or that x citemsnt of any kind in , the county prevented him from having a fair and impartial trial. "The Attorney-general must have not his information irom sources outside or the record. It may be that the AttonHv-seneral la fully authorized and justified in governing his official conduct from information which he receives outside of the record. But this court gets Jurisdiction of appeals toy the record only, and by the record we must try such ap peals only. "The first count of the Indictment chaired murder In the first degree, and hence. If there was excitement in the county against the de fendant. he could have compelled the grant Ing of a change of venue to another county. (R. S. 1894. Sec. 1S40:.R. S. 1SS1. Svc. 1771.V And yet, notwithstanding the fact that the defendant on the first trial was by a Wells county jury found guilty and given fifteen years in the penitentiary, his learned counsel, so Justly complimented by the Attorney-gen eral ror tneir ability in defense of the ac cused. never asked for a change from the county either upon the irst or second Wal. If the Attorney-jreneral Is right in savlrist appellant's counsel mana.r?d thf oVfense well, and we think he Is, hen he mu-t nave been wholly misled by his Informant a 3 to excitement In the county against the dexenuant. NOT AUTHORIZED TO DO THIS. "The Attorney-general's assaults upon the Judgment below are somewhat more difficult to repel than those of the counsel for the ap pellant, because they come from the side of the prosecution, and are not confined to written specifications of error, which must uphold and support the appellant's assault. But he Attorney-general's assaults comes in the nature of a confession of one side to the litigation in favor of th3 other, and yet he is not authorized to and does notoffer to confess error. And if he did undertake to confess error he would have to confess the error assigned. IBut let us see If the evidence does not prove the commission of the crime charged; namely, involuntary manslaughter. The Attorney-creneral thinks it does not. If the facts show an unintentional killing, while in the commission of an unlawful act. It constitutes involuntary manslaughter. (Brown vs. State. 110 Ind. 4SC: R. S. 1S34, Section 13S1; R. S. 1SS1, Section im.) "The second courvt of the indictment did not charge the appellant wUh an intentional killing of his wife. Nor did it charge him 4Ls the Attorney-general seems to think, with.

killing his- wife while threatening to use a pistol already drawn upon another person But It charged him with an unintentional killing of her while engaged in the commission of an unlawful act. to-wit: while drawing a deadly weapon upon her, to-wit: a revolver, and that the same was by him unIntentinally discharged while so engaged, whereby she was sho and killed. There- 1 fore, all the talk of the Attorney-general to the effect that the appellant ouKht not to be convicted because he did not Intend to kill.

is idle and has no pertinency to the case. The merest tyro In the law ought to know that it is because he did not intend to kill her that helped to make the offense involuntary manslaughter. If he had intended to khl her. that fact would have made it murder and not involuntary manslaughter. The Jury in finding him guilty of involuntary manslaughter as charged in the second count have found that he did not intend to kill his wife. "There 13 no controversy between the At-torney-eeneral and the court that the evi dence establishes that the appellant killed his wire, because that fact he states under oath on the witness stand himself. And there is no controversy that the evidence Justified the Jury in finding that he did not intend to kill her. That much is tjeyond dispute. The only lacking element to complete :he crime Is, was he at the time engaged n the commission of some unlawful act when the revolver was unintentionally dis charged, shooting her? Another section of the criminal code provides that: 'Whosoever draws or threatens to use any pistol, dirk, siung shot, or any other deadly or dangerous weapon, already drawn upon another per son, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than one nor more than five hundred dollars, to which riay ue added imprisonment In the county Jail not exceeding six montW (R. 8. 1894, Section 2068; R. & 1881. Section 1S84.) "It has been held under this section that lr one drew a revolver at another and it Is un intentionally discharged and kills the person on whom it Is drawn, that it constitutes in voluntary manslaughter, because the drawnsr of the revolver at the person killed was an . unlawful act. belne in violation of the statute last quoted. (Surber vs. State, 9? Ind., 71.) The Attorney-general Is right in say ing that this statute means something more than merely mving the pistol in one s nanas when it goes off, and that to draw a pistol has a meaning beyond having it In one's hands. The language of the statute is 'who ever draws, etc. any pistol, etc, upon another person, etc., shall be deemed guilty. etc. Xo araw a weapon upon anoiner means within the purview of that statute to so draw It that it may be used to his injury, as to nolnt the muzzle of a eun or revolver at another; but it Is not necessary that he intend to discharge or fire it off or shoot the person in order to constitute the violation or the statute quoted. "The only element of Illegality necessary to constitute a violation of the statute and to make the act an unlawful one within the meaniner of that part of the section defining involuntary manslaughter Is, that the defendant intentionally pointed the muzzle of the revolver at his wife.' It was to prevent such fool-hardy acts, thereby endangering human life and limb toy making them crimes and punishing the same, that the statute against drawing deadly weapons upon others was enacted. "The onlv remaining Question to be deter mined to enable 113 to decide whether the Attorney-general is right In holding that the 'evidence does not warrant the finding and Judgment Is to ascertain from the evidence whether th accused did intentionally point the muzzle of the revolver at his wife. That the revolver was discharged while in his hands, by his act, and that its load thus disftharfred struck his wife, causinff her death in five minutes thereafter, is conceded on all hands, as well as by the Attorneygeneral. The appellant and his wife and Jonathan Campbell and his wife, Ella Campbell, were all Jn the room together. Appellant had a new revolver lying on the bureau in the corner of the room, which he was trying to trade to Campbell for a dozen chickens. Campbell also had an old broken revolver iy Ing on the same bureau. Campbell took up the new revolver and sat on the bed in another corner of the room to examine it. "Up to this point the testimony of the ap pellant and Campbell and his wife, the only living eyewitnesses, substantially agree. Then boua Campbell and his wife teztlfy that appellant. In a playful way, commenced snapping the old broken revolver at his wife, which he did three or four times, while Campbell was examining the new. That his wife remarked, 'You can't make me flinch,' and he said, I can with the ether one,' and she replied, 'No, you can't,' or 'You are afraid,' or something of that kind. That appellant immediately walked across the room to Campbell, took the new revolver out of Campbell's hand?, started across the room to ward his wife, pointing the revolver toward her, making It give out a clicking sound. That the Campbells heard it 'click' three or four times, and that It went off and was discharged, the discharge entering his wife's body, causing her death as before stated. Tho appellant was a witness on his own behalf, and in his testimony substantially agrees with all the testimony of .Mr. and curs. Campbell, except as to pointing the revolver at his wife. That he denies, and says he was going A. A l . ( . A. J to tne oureau wiui 11 10 put it away, anu was revolving the cylinder, so as to rest the hammer on the one ejhpty chamber, and that as he was so doing he did not know that his wife was in range with the muzzle of the weapon when the hammer slipped from under his thumb and caused the explosion. He positively denies that he snapped the old revolver at his wife, or that there was anything said between him and her about snapping either revolver at her, though he admits he snapped the old revolver, but says it was pointed at the floor and not at his wife. It further appears from the evidence that the Campbells were friendly to the appellant. The homicide occurred about 9 o'clock In the morning. Appellant remained about the house all the remainder of the dy, and during the day told a number of persons who called there how the killing occurred. Among them were the sheriff of the county, Mr. Daily, the prosecutor, Mr. Branyan, George Kirkwood and others, and they testified that he gave substantially and In effect the same account of how it happened as that given by Mrs. Ella and Mr. Jonathan Campbell. The house at which it occurred was the residence of the Campbells, and appellant and wife were temporarily boarding there. There was some evidence tending to prove an intentional killing, but that went to the support ot the count for murder. But the verdict Is that there was no intentional killing. Now. how the Jury under this evidence could have found him less than guilty of Involuntary manslaughter Is something we are wholly unable to understand. They have solved every question where there was room for doubt In favor of the accuses. Thus we see that the Attorney-general Is seriously, though doubtless honestly and conscientiously mistaken, both as to the law and the facts in this case." The court then discusses the merits cf the petition without reference to the Attorneygeneral's brief and overrules It. NO CLEW TO HIRTH MURDERERS. Fnneral of the Victim from St. Anthony's Church, Ilnashville. The police are still at sea In the HIrth murder case. The superintendent sald'Iast night that there had been no new developments through the day. Leo HIrth was burled from St, Anthony's Church, flaughville, yesterday morning. Mrs. HIrth Is beginning to give way under the strain she has endured, and yesterday her brother spent the time with her, protecting her from the curiosity of those who wished to hear her relate the story of the tragedy. Although he advised her to retire and seek muchneeded rest, Mrs. HIrth spent the day walking about the house and yard. She has an aversion to seeing strangers, and so far has given no intimations as to whether she sus pects anyone, unless such Information was! imparted -to the police and detectives. Superintendent Colbert says that no clews to the murderers have been found. Mrs. HIrth, with the assistance of one of her brothers, will continue to conduct the business In which her husband was engaged at the time of his death. Ward Innocent of Flirting. Albert Nelson, a representative of the Crane Elevator Company, was arrested and fined In Justice Lockman's court Monday for assaulting Frank W. Ward. Nelson pleaded guilty to the charge, and said that he slapped Ward for attempting to flirt with his wife. Monday evening Mrs. Nelson made an affi davit for Ward's arrest, charging him with provoke. Yesterday she told the court that Ward bowed and smiled at her while she was at dinner In the Sherman House, and so provoked her that she appealed to her husbandWard and two other young men who were at the same table with him testified that he had made no improper advances to Mrs. Nelson. end that he had no intention of trying to flirt with her. As there was no evidence against him. Ward was promptly discharged, it was the impression ef those who heard the testimony that Mrs. Nelson had simply imagined that Ward was trying to attract her atten tion., when nis eyes accidentally met hers la glancing towards her table. . Nelson was very indignant when Ward was discharged, and declared that he would not let the matter rest as It stood. He threatened to fee that Ward was driven away from the hotel. Dnnlap's Celebratetl lints, Derby, Coft and Silk. The best hats made.

A'OTES OP THE FIXE AIITS.

A Rare Exhibition of Paintings la Oil nnil Water Color nt Herman's. A collection of fine paintings In oil and water colors was opened yesterday at Herman's Art Gallery, 05 North Pennsylvania street, forming an exhibition of very un usual interest. These pictures are brought here by Mr. Henry J3. Pette3, the art dealer of Taris and London, who comes over annually and s well and favorably known to local picture buyers. His present exhibition consists of some two hundred fine examples of such popular artists as Glyndon, Charles Collins, T. P. Watnwright, W. KInnaird, IL C. Pox. of London; Wetland, Rip, Gruppe, Casslers of the Dutch school now to much sought for by New York connoisseurs, and of our American artists a fine work, "Phyllis by Percival DeLuce from the last exhibition of the American water color exhibition in New Ycrk a strong marine by George Howell Gay and many others. Among the small but very choice collection of oil paintings are a superb landscape with sneep oy yuinton, of Pans, an artist wen known to collectors, a. Van LeemDutten called "Morning" and a very finely finished cabinet painting. "Meditation," by Will H. Low, etf New York. It represents a young lady standing before an open fireplace, the scene Deing laid in a room at the palace at Fontaine Clear, and Is a marvel of artistic beauty. If merit counts for, nnvthine Mr. Pettes's exhibition should prove a decided success. It remains for this week only. The Output of the Stearns Clcyclee for 1800 Soldi The entire outnut of the Kfm ntMa of Syracuse, N. Y.. Is sold tht Is. all the wheels that they can make this year have been ordered by their different agents over the country. The Stearns factory does not try to see how many wheels it can turn out in a day but they lean towards a better quality and not such great quantities. C. O. nsaer oc u xxoriu i-ennsyivania street, have Just received in etock twenty-five of th latest Rtenrna hivrlAa an4 thn. desire the best should call at once. Eastman, Schleicher 4k Lee Office with Lilly & Stalnaker, ei East Washington street. Please call and settle your account as we are closing up our hooks. Insure Your Propertr With the McGIUIard Agency Company. Hardwood Mantels, Grates. Jno. M. Lilly. Feed your horse JANE3S Ductless Oats. Insure your home in the Glens Falls. Kimball Pianos. Carlln & Lennox. 31 E. Market ft. Insure with Delaware Insurant Co. Insure Your Property With A. J. MEYER fc Co.. S3 Lombard, rasas 133. Undertaker Wbitsetc Telephone SSL KeisoniM as any or 110 charge. OOO O O OOO

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