Indianapolis Journal, Indianapolis, Marion County, 22 May 1897 — Page 3

New York Store UtnV)H Hlied IN."!J t, AGENTS FOR BUTTE RICK PATTERNS. , f — DAY New records should be made in selling—value giving has never before gone so far as it shall go here to-day. It’s not a one-department affair. The whole store has a share in it. To give you something ot an idea we’ve picked out things here and there and set them down below.

Tailor-Made Suit Reductions About 75 in all, including Serges and light Novelty Cloths, in blazer and Eton styles; every jacket silk lined. $7.50, $8 and $9 Suits SS.OO $lO. sll and sl2 Suits $7.00 —SECOND FLOOR. SHIRT WAISTS Shirt Waist time is here. Have enough of these comfortable garments. The cost isn’t much here. 50 styles in Percales and Lawns at 50c. 25 styles in Percales and Lawns at 75c. , 50 styles in Lawns at sl. 30 styles in Orgundles and Batistes at i $1.25. The Paris Waist in Etamine stripes ( is one of the best values ever shown , in Indianapolis at $1.50. Waists to order at $2 to SB. i —SECOND FLOOR, i MILLINERY REDUCTIONS 50 trimmed Hats, such styles as you see everywhere at from QQ $4 to SB, here to-day at p 1.70 Panama Sailors, 49c ones reduced to 25c. ■ • i $2.25 Panama Sailors reduced to $1.98. The two-toned Knpx Sailors, that are selling everywhere at $5, reduced to $2.25. Children’s 98c Hats reduced to 49c each. Children’s Fancy Braid Sailors, trimmed in velvet, reduced from 75c to 49c each —SECOND FLOOR. FLOWERS and RIBBONS 200 sprays of our $1.50 Flow-ers reduced to 69c. Roses, grasses, foliage and violets reduced from 39c, 49c, 59c and 69c to 19c a bunch. 500 yards of handsome millinery Ribbons reduced from 49c, 59c and 75c to 19c a yard. Good quality Fancy Ribbons at 10c a yard. PARASOLS and UMBRELLAS You really ought to be in line with a new parasol on Sunday. We’ve all the novelties here, checks, stripes and changeables. The new shapes in 10 and 12 ribs in all the leading colors and white and black; prices 98c to $lO. Children’s Parasols 25c to $1.39. 24 and 26-inch colored Silk Umbrellas in the popular colors. $3 to $6 each. 26-inch Silk Serge Umbrellas, having a choice selection of celluloid handles, $1.50 values at $1.19 each. 26-inch Union Silk Serge, Paragon Frame Umbrellas, with steel rod, case and tassel, Dresden, horn and natural wood handles, special value at $2 each. —RIGHT OF ENTRANCE. WASH GOODS People have looked in wonder at the wash goods business. It has been one of the greatest movements in the store's history. For to-day we put forth the biggest bargain of them all on the center bargain table. ORGANDIE MULLS, soft and silky, goods never before shown in Indianapolis; 12 5 ,4 c qualities, at, a yard 5V 2 c Among the good things at the regular counter notice the 32-inch printed Etamines. the 10c quality, at, a yard. 5c Toile du Nord Ginghams, you all know them, perfect goods, and the 12Vac quality, at, a yard 6%c —WEST AISLE.

PETTIS DRY GOODS CO.

BOWEN-MERRILL Annual Clearance Sale Every Book Reduced SPECIAL OFFER EACH DAY TUESDAY— George Eliot’s complete works, 8 vols., dark blue cloth binding, gilt top, printed on fine paper; sale price, $2.98. WEDNESDAY— Edna Lyall’s Works, 6 vols, cloth binding, complete in a box; publisher’s price, $3.75; sale price, 98c. THURSDAY— The most popular book of last winter— Mrs. Elizabeth Stuart Phelps’s Novel — “A Singular Life;” publisher’s price is $1.95; sale price, 69c. Bowen-Merrill Drs. Coughlin & Wilson, Dentists F. W. cor. Market and Penn, sts., opp. P O. Formerly in “Tho Denison.” Quality First—Then Quantity, Is the policy pursued in the production of PRINCESS Flour Guaranteed pure, nutritious and to give satisfaction. DFNTNT Dr * A - E * BUCHANAN l/Lm 110 1 32-33 When Building. All bicycles fall short of perfection. The Waverley has been as free from mistakes as any bicycle built in the world. When we discover an error we correct it—lS97 improvements will interest you. The first perfectly true bearing ever attached to a bicycle makes Waverleys run easiest. Indiana Bicycle Cos., Pennsylvania and Ohio Sts. Riding School, Cyclorama Bldg. Ho Played Detective. A man who gave the name of Wrm, H. Richardson, claiming Danville, 111., as his place of residence, was arrested last night opposite Tomlinson Hall on charges of impersonating an officer and offending persons on the street. Fred It. Hciner, his wife and daughter, are the complainants. It Is charged that Richardson passed around among the crowd of people who were taking in the music festival from the sidewalk and made himself obnoxious. When objection was made he would show it budge and deelure he was a detective. The budge was u star attached to a cross bar. It bore the inscription, ‘H. il. Detective Association.” Richardson resisted somewhat when Patrolmen Miller and Henderson went to arrest him. At the police station he admitted that he was not a detective, and said he wio l'oruiurlv a. resident •f this city.

IMPORTED WASH GOODS These first two items being such extraordinary value, we place them on the west bargain table. Real imported Organdies, in a fine collection of new styles, at, a yard 19c Best French Dimities, in organdie designs, 29c value, at. a yard 19c AT THE COUNTER Best Atl-wool Challles, 49c value, at 29c a yard Etamine Dentelle, the rage this season, 35c value, at 25c a yard Imported Madras, all this season’s styles, at 30c a yard —WEST AISLE. RIBBONS Both the foreign and domestic markets have been scoured to secure the newest ribbon effects; moires, gauze effects, double satins, Scotch plaids and Roman stripes are among this most complete stock. Four-inch Moire Taffeta, changeable, striped and plaid ribbon, in a splendid variety of styles and coloring, all go coday at 25c a yard. —CENTER AISLE. HANDKERCHIEFS An extra east bargain table chance in fine Swiss embroidered and scalloped edge Handkerchiefs, regular price 30c, at 17c each, or three for 50c. At the counter, ladies’ and men’s white linen, colored border and initial Handkerchiefs, 10c each, or three for 25c. Ladies’ and men’s white and printed border linen finish Handkerchiefs, 8c value, for 5c each. —WEST AISLE. CHINA and GLASSWARE Fifty rich glazed Jardinieres, with pedestals to match, five colors (three shades of green, also blue and brown), $4.50 values for $2.85. Twenty blue Delft bedroom Lamps, complete, with 8-inch decorated globe to match, for $1.38. Handled Ice Glasses, imitation cut pattern, 3c each. Two hundred pint-size Glass Bowls, that have been selling at 10c, reduced to 2c each. —BASEMENT. HOUSEFURNISHINQS Finest Mascot Rubber Hose, fully guaranteed, 9c per foot. Hose Reels, will hold 100 feet of hose, 55c. “Rainmaker” Lawn Fountain, 49c. Hose Menders, six for 12c. Window Screens, green wire, adjustable walnut frame, 15c. Door Screens, four panel, green wire, complete with hinges, knob and hook, 69c each. Bring your size. Solid Steel Spades and Shovels, 65c value, for 49c each. Rakes and Hoes, I9c each. Ice Picks, 9c each, w-orth 15c. 40c Fibre Water Buckets, 19c each. Two hundred 3-sewed Brooms, while they last, 5c each. Seventy-five No. 8 flat bottom Wash Boilers. 29c each while they last. Daisy Soap, 15 cakes for 25c. 25c Bread and Cake Knives, 4c each. Heavy Tin Dish Pans, regular pric% 25c, for 5c each. Only one to a customer. Two-quart Tin Dippers, worth 10c, for 2c each. Pound package fine Starch, 2c. Galvanized Garbage Pails, with bale and cover, 39c each. Bissell’s Carpet Sweepers, regular price $3.50, offered sometimes as a special value at $2.75, now $1.09 each. Ever-ready Lawn Mowers, guaranteed, for $1.89 each.

WARMER AND FAIR. Predictions and Observations of the Local Weather Bureau. Forecast for Indianapolis and vicinity for the twenty-four hours ending 11 p. rr May 22—Warmer, fair weather on Saturday. General Conditions Yesterday—Low barometric pressure prevails except over the lakes. The temperature fell except near the upper lakes, the gulf coast and on the southern portion of the Rocky mountains where it rose. Local rains and thunderstorms prevailed on the Atlantic coast and in Kansas. FORECAST FOR THREE STATES. WASHINGTON, May 21.—For Ohio: Fair; warmer; variable winds, becoming southerly. For Indiana and Illinois—Fair; warmersoutherly winds. Local Obaerva t lons Friday. Bar. Thor. R.H. Wind. Weather. Pre 7a. m.. 29.98 44 87 North. Cloudy. 0.55 Minimum temperature, 42. Following is a comparative statement of the temperature and precipitation May 21: _ , Temp. Pre. Normal ai vMean ? 51 Departure from normal —l3 *.40 Departure since May 1 —O2 Departure since Jan. 1 —6O *3.83 •Pius. C. F. R. WAPPENHANS. Local Forecast Official. Mrs. Hutchings Dead. Mrs. Ellen Hutchings, wife of Dalphon Hutchings, died yesterday at her home, No. 600 Broadway. She was seventy-five years old and had lived in this city eighteen years, coming from Putnam county, of which she was one of the early settlers. She was a member of the Broadway Methodist Church. Bt sides her husband, two children survive. They are Mrs. J. 11. Billingsley and Mr. I. S. Watkins, the latter a child by a former marriage. Died of Lorkjiuv, Lafayette Sterrett, forty-nine years old, died at the City Hospital at 3:15 o’clock yesterday morning of lockjaw. He lived in a houseboat which was moored at the river bank back of the Van Camp packing house on Kentucky avenue. About two weeks ago he stepped on a rusty nail and in a day or two he was taken to the City Hospital suffering from lockjaw. He leaves a widow and one child. Dog Show on the South Side. The Gentry dog and pony show moved over on the S<?uth Side to Madison avenue and East Morris street and opened to a large audience last night. Two performances will be given to-day—one at 2:30 and the farewell performance to-night at 8 15 The business of this attraction in Indianapolis has been something phenomenal and it is to be hoped that Mr. Gentry will book an early return date here. Sheridan Dramatic Club. The last regular business meeting of the Sheridan Dramatic Club for this season was held at the home of F. O. Ritter last night. Officers for the ensuing year were elected as follows; President, E. F. Tibbotts; vice president, Mrs. Agnes Browning; secretary. Miss Remain- Braden; treasurer. Charles Frazier; custodian, R.’ E. Browning, and reporter, Dr. J. 0. By ram. Carpenter*’ Alans Meeting. A mass meeting of the carpenters of the city und their families and friends will be held at 92Va East Washington street tomorrow afternoon at 2 o’clock.’ A. C. Cattermull, of Chicago, will speak and the-car-penters will be entertained by a musical entertainment. ’I lm>Plute Manufacturers. CLEVELAND. 0., May 21.—Great secrecy was sought to be thrown around the meeting of the National Tin-plate Manufacturers Association at the Stillman Friday. “\\e are doing nothing at this meeting, said one of the members, “beyond laying- plans tor tho future. 1 understand there* is to bo u inn to rial advance asked lor by tho men. und we have resolved to right it to the uttermost. Tin-plate manufacturers are now paying all they can in wages and some of us are paying more thun we can afford. We are opposed to the new tariff schedule and will oppose it to the best of our ability, though none of us are so much interested in tariff as wc- are in current wages.” The tin-plate men c-xpect to finish their deliberations 1- nday night.

THE INDIANAPOLIS JOURNAL, SATURDAY, MAY 22, 1897.

TAXING LIFE INSURANCE TRIAL OF THE HOLLIDAY CASE BEGUN IX THE LOWER COURT. English Opera-House Litigation— Warm Time In the Munger Case—Supreme Court. The plaintiffs in the case of John H. Holliday and others against the State Board of Tax Commissioners to enjoin the assessment of paid-up or nonforfeitable and partly paid-up life insurance policies closed their case in the Circuit Court yesterday evening. The case came up on its merits yesterday evening before Judge Brown. The attorney general, appearing for the State Board of Tax Commissioners, was assisted by Smiley N. Chambers and Silas M. Shepard. The plaintiffs were represented by A. G. Smith, Charles A. Corbly, John A. Finch and Albert J. Beveridge. Attorney Finch made the opening statement for the plaintiffs, in which he declared the action of the tax commissioners would have the effect of taxing insurance policies of every sort. These policies, he said, were of no value to the holder and were of value to the beneficiary only on the death of the insured. The attorney said that prior to April 1, 1891, insurance policies had never been considered taxable. In concluding his opening statement he defined the positions of the plaintiffs. This would be that insurance policies are not subject to taxation, and if they were there is no state law authorizing such taxation. Smiley N. Chambers, in the opening statement for the defense, agreed that the State had not hitherto assessed property of this character, but it was high time such a tax were being levied. Such property should bear its equal portion of the burdens of the State. The attorney contended that Article 10 and Section 1 ol the State .Constitution provides for the taxation of all property, with the exception of property used for municipal, educational, literary, scientific, religious or charitable purposes. The only questions are whether insurance policies are property exempted in this provision of the Constitution. The pet of 1891, the attorney held, authorized the State Board of Tax Commissioners to add to the tax list other items more specific or new kinds of property, such as are likely to be created by changing conditions. Mr. Chambers denied that the taxing of policies is double taxation. The taking of evidence in the case began yesterday afternoon. The plaintiffs first introduced the charter of the New 'oik Life Insurance Company, in which hey hold policies, and a copy of the laws under which the company -was incorporated. The last annual statement of the company was also introduced. Then the policies of the plaintiffs were brought forth and read. The plaintiffs offered to introduce a bill which, it waa averred, the tax commissioners of Indiana tried, to get through the last Legislature, providing for the taxation of insurance policies. This bill, it was claimed, was passed by the House, but defeated in the Senate. It was the theory of the attorneys that if the Legislature refused to pass this bill at the request of the Tax Board the State could hardly uphold the board in its present action. There was long and violent argument over the attempt to introduce this bill as evidence, and it was finally excluded by the court. Attorney Beveridge contended that, although tills was not admitted as evidence, the court could take judicial cognizance of the same. James Q. Barcus then took the stand and was questioned concerning the provisions of his policy. He is one of the plaintiffs in the suit. The testimony of John A McCall, president of the New York Life, was then offered to show that the assets and reserve fund of the insurance company in New York are taxed by that State. The court took the McCall testimony under advisement. The plaintiffs then rested their case. The attorney general said it was possible that the State would introduce testimony this morning. Otherwise the attorneys will go into argunjent at once. One of the plaintiffs’ attorneys said it was the intention to get the case into the Supreme Court at an early date. The case, he said, would be advanced there and a decision could be looked for by the middle of June.

OPERA-HOUSE LITIGATION. Mr. English Files Another Suit and Dickson ■& Talbott File Answer. Two documents were tiled in the Superior Court yesterday in which the litigation between William E. English and the theatrical firm of Dickson Talbott was prominently brought out. William E. English brought another suit against the theatrical firm to recover the sum of SI,OOO alleged to be due-the English estate on the old contract between William H, English and Dickson & Talbott. In setting out the contract claimed to have been entered into in August, 1893, it is averred by the plaintiff that the lease was to begin June 1, 1894, and end June 1, 1597. The complaint then sets out the terms of the contract as to the rental and alleges that the defendants have refused to pay the installment falling due March 1. 1897. The court is asked to award the plaintiff judgment for The defendants, Dickson & Talbott, then make answer to the plaintiff’s complaint at considerable length. They charge that the plaintiff wrongfully ejected them from tho premises and kept them out of possession of the house for a period of three months, from June 13, 1896, until Sept. 13 of the same year. They say that on March 15, 1896, the plaintiff agreed to lease them the house for a term of three years, the rental to begin June 1, 1897, and terminate in May, 1900. The defendants claim they were to pay the rental sum of $6,250 a year, the contract providing that the lease should be renewed and the stage reconstructed, the plaintiff to pay for the material and tho defendants to have the work done. They aver they paid out $460 for tills work, which has not been repaid them. The plaintiffs declare they performed all their contracts and stand ready to accept a lease of the premises, but notwithstanding this the plaintiff has repudiated his contract with them by renting the house to George H. Keteham. The plaintiffs further charge that they made contracts for “attractions” for the theatrical season of 1897, which begins the Ist of September, but have been compelled to rescind and cancel many of their agreements. In this they say they have been damaged in the sum of $2,000. There is also a claim that SI,OOO was spent in advertising and in "booking” these attractions. The defendants demand damages and judgment for costs in the case. STURTEVANT’S IXSURAXUE. Union Trust tom puny, ns Receiver, Seeks* to Recover Part of It. The Union Trust Company, receiver for A. 11. Sturtevant & Cos., yesterday brought suit against the widow and daughter of the late A. H. Sturtevant, who are the beneficiaries of life insurance policies amounting to $20,000. Several insurance companies are made party defendants. It is averred that Mr. Sturtevant, as member of the firm of Sturtevant & Cos., used more than his share of the firm's money. This excess, which it is claimed did not appear on the books, amounted to SB,OOO. The receiver claims this amount would have been more than enough to have made the firm solvent.- It is charged also that Sturtevant paid part of his premiums on life insurance out of the firm’s money The court is asked to restrain the Massachusetts Mutuul Life Insurance Company the Mutual Life Insurance Company of New York, the Royal Arcanum and the Northwestern Traveling Men’s Association from paying the amount of policies due the beneficiaries pending the action of the suit The plaintiff claims that at least a part of this money should be applied to the assets of the insolvent firm. Amos K. Diltz is defendant in a suit brought by his housekeeper for salary alleged to tie due. The plaintiff claims she took service with Diltz at $3 a week, but was to have an assistant. The help failed to materialize, she avers, and she now demands judgment for $8 a week for two hundred weeks. Free-Silver People on Trial. Lillian Barton, of Wabash, was tried in the federal court yesterday for passing counterfeit money. She was arrested w ith the Barnard gang a couple; of weeks ago. The crowd had been circulating spurious coin in anil about Wabash. The- jury in her case hud not agreed at 5 o’clock last night, and Judge Baker sent it back to stay until it had agreed. Noah York, of Martinsville, was tried on a charge of passing counterfeit money. He had in his possession, wnen arrested a number of counterfeit dollars. The case

was not finished when court adjourned last evening. Two witnesses were put on the stand for the government who claimed that York had offered them $5 and expenses to testify in his case in his favor. Xo Rehearing Granted. A petition for a rehearing in the ease of Richard N. Young against the Citizens’ Street-railroad Company was overruled by the Supreme Court yesterday. Young was struck by a car while working in Washington street and a jury awarded him damages to the extent of $12,500 in a special verdict, but the judge found for the company on the grounds that the plaintiff had been negligent and contributed to his injuries. The Supreme Court affirmed this decision last October. Mlinger Litigation. The court yesterday continued the investigations of the alleged rights of the BrunerMunger Bicycle Company to use the trademark of the old Munger concern. C. A. Hannabal, a member of the firm, was interrogated. During the afternoon there was a lively tilt between August Bruner and Attorney Lewis C. Walker, who represents some of the creditors. The matter will come up again this morning. Mutual Life Litigation. In the Mutual Life Insurance Company of Indiana litigation cross-complaints were filed yesterday by Julia G. and John B. Fowler and others setting up the claim that they are policy holders and requesting the court to take steps looking to the vacation of the receivership. They ask the court to call a meeting of shareholders for the purpose of selecting directors and officers. Railroads and Ilackiuen. The decision in the suit of William R. Lucas against William H. Herbert was reversed in the Supreme Court yesterday. The case grows out of a fight between rival bus lines at a railway station and the court holds that, the railway company has the right to discriminate between bus and hack lines and to designate where owners of vehicles shall stand their vehicles. Street-Cur Company Wins. In the damage suit of Dr. A. E. Buchanan against the Citizens’ Street-railroad Company, tried in Room 2, Superior Court, the jury after being out a short time yesterday returned a verdict for the defendant. Dr. Buchanan suffered the fracture of a leg while stepping from a Pennsylvaniastreet car at Ninth street. She Cannot Vote. The Supreme Court yesterday overruled the petition of Helen M. Gougar in her suit to compel the election officers of the precinct in which she lives,in Lafayette to allow her to vote. This puts an end to Mrs. Gougar’s efforts to demonstrate her ability to vote under the Constitution of this State. May Term Changes. Next Monday will begin the May terms of the Supreme and Appellate Courts. There will be changes in both courts. Judge McCabe will succeed Judge Jordan as chief justice in the Supreme Court and Judge Wiley will succeed Judge Comstock as chief justice of the Appellate Court. Shelhyville Council Case. The Supreme Court yesterday ordered contending candidates for the position of councilman in Sehlbyville to file briefs in their suit by June 1. The two contestants are William R. Wolf and Edward O. Weakley. The case is thus advanced.

THE COURT RECORD. Supreme Court. HACK STANDS - RAILROAD DEPOT - DESIGNATION BY COMPANY. 18127. Knox C. C. Lucas et al. vs. Herbert et al. Reversed. Monks, J. —1. Railroad companies have the right, if they admit omnibuses and hacks to their grounds, to designate the stand each shail occupy and thus prevent quarrels and other scenes cf disorder. 2. Where each of two or more hack owners have been assigned stands adjoining a platform of a railroad depot by order of the railroad company neither can complain that the best or most convenient location was given to the other. PERJURY AFFIDAVIT HOW CHARGED. 17953. Miami C.-ALV allias White, vs. State. Affirmed. Hackney, J. —l. Where time is not of the essence of the offense charged the failure to state it or the imperfect statement of it in the affidavit or indictment is not a fatal defect. 2. An atti- . davit which charges that the defendant went before the mayor of a city in which there is no police judge and made oath to an affidavit charging a certain person with grand larceny, and did so for the purpose of procuring from such officer a warrant for his arrest on such charge, and that the charge was wholly unfounded and the defendant knew that fact, sufficiently charges the crime of perjury without charging that a prosecution waS commenced or that legal proceedings were pending. 3. A person who makes a false oath as the initial step of a criminal prosecution is guilty of perjury, although the prosecution should fail before the defendant is arrested. NEGLIGENCE WORKMAN AB-SENT-MINDKDN ESS. 17957. Hancock C. C. Young vs. Citizens’ Street-railroad Company. Rehearing denied. McCabe, J.—l. The workmen employed by a gas company to lay pipes in a street along which run the tracks of a street-railway company have no greater rights in and upon the tracks of such company as against its cars than have any other persons lawfully upon such street. 2. The negligence of Sfich a workman, due to close attention to his work, which causes him to be injured by a passing street car, will not be excused to' any greater extent than would the negligence of any traveler who passed upon and over the tracks while thinking of his work or business. 3. In cases involving questions of negligence, where the facts are undisputed and the inferences which may be drawn from them are not equivocal and can lead to but one conclusion, the court will adjudge as matter of law whether there is or is not negligence. 18241. Shelby C. C. Weakley vs. Wolf. Submitted bv order of court. Cause advanced and distributed. Order per curiam. 17760. Tippecanoe S. C. Gougar vs. Timberlake et al. Petition for rehearing overruled under Riile 37. Appellate Court. PERSONAL INJURIES - NEGLIGENCE —SPECIAL VERDICT. 2163. Posey C. C. L. & N. Railroad Company vs. Espenschied. Reversed. Wiley, J.—l. Unless the special verdict in an action for negligently inflicting personal injuries establishes negligence on the part of the defendant and freedom from negligence on the part of plaintiff, judgment should not be rendered in favor of plaintiff. 2. The law does not require a railway company to establish or fix any general rule as to the length of time it will stop its trains at a station for the purpose of discharging and receiving passengers without regard to the number of passengers received or discharged on the particular trip. 3. Whore a man who was neither old, infirm nor crippled boarded a train with his two daughters to find seats for them, and, because the train was crowded, passed forward through two coaches, found them seats and had just reached the piatform as the train started up at the end of a stop of three minutes, when he walked down the steps and stepped off while the train was in motion and was thrown down and injured, he cannot recover from the company for such injuries. APPEAL JURISDICTION APPELLATE COURT. 2176. Marion S. C. Pullen et al. vs. Stew--ard et al. Transferred to Supreme Court. Henley. J. Where the judgment of the court below not only awarded a money judgment for damages, but granted an injunction or other equitable relief as well, the jurisdiction of the appeal is in the Supreme Court. WAIVER—ASSUMPTION OF RISK-UN-SEEN DEFECTS. 2400. Lake C. C. East Chicago I. and S. Company vs. Williams. Affirmed. Robinson. J.—l. Where appellant filed no brief except the supersedas brief all errors assigned. but net discussed in such brief, are waived. 2. Where a servant knows of defects in the machinery and notifies the master, informing him ot his intention to leave on that account, and the master then promises to" repair within a reasonable time and the servant relies upon such promise and continues in the service and Is injured by reason of such defect before the expiration of a reasonable time in which to make the repairs, he will not be held to have assumed the risks incident to such defects. 3. A servant does not assume risks from unseen defects of which he does not know and cannot learn by such observation and inspection as he can reasonably make. RULE OF COURT SUBMISSION OF CAUSES. Ordered that Rule 15 of the rules of this court be amended to read as follows: •15. On Wednesday of the first week of each term the docket will be open for submission of causes upon call or for such other steps as may be proper. At such times, if the cause be ready lor submission, the same shall stand submitted either upon motion of the party or by the order of the court. The docket shall remain open from day to day during the sittings of the court for the submission of such causes as the

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court in its discretion may deem of a character requiring immediate submission.” 2098. \ anderburg C. C. Eastin. administratrix, vs. Eigenman et al. Edition for rehearing overruled. Superior Court. Room I—John L. McMaster, Judge. Hanover Williams vs. Railroad Transfer Company; damages. On trial by jury. Emma Wapritz vs. Jacob Dilges et al.; foreclosure. Dismissed and costs paid. Room 2—Lawson M. Harvey, Judge. Wm. F. Elliott vs. Edward C. Jerman; foreclosure. Judgment against defendant for ?2.j0.1-1 and $78.66 and costs. Foreclosure and sale ordered. Harry C. Doremus vs. Emma Doremus; divorce. Dismissed at plaintiff's cost. Albert E. Buchanan vs. Citizens’ Streetrailroad Company; damages. Jury returned verdict for defendant. Room 3 —Vinson Carter, Judge. Mary E. Dawson vs. Robert Dawson; divorce granted plaintiff. Judgment against defendant for costs. John C. Gregg vs. Anheuser-Busch Building Association et a(. Finding for defendants. Judgment against defendants for costs. Circuit Court. Henry Clay Allen, Judge. Nelson Morris et al. vs. Jacob G. Miller. Submitted to court. Evidence heard. Finding for plaintiff. Judgment against defendant for $363.75 and costs? with relief. R. 11. Reese vs. David T. Cooper. Defendant defaulted. Submitted to court. Evidence heard. Finding for plaintiff. Judgment against defendant for slt> and costs, with relief. John H. Holliday vs. the State Board of Tax Commissioners. Submitted to court. Evidence heard. Crl in ino 1 Court. J. F. McCray, Judge. State of Indiana vs. Daniel Finnegan; entering house to commit felony. Finding of guilty. Fine of $lO and imprisonment in county jail for six months. State of Indiana vs. Otis Harvey; larceny. Found guilty of petit larceny. Imprisonment in county jail six months and fined $lO. State of Indiana vs. Mrs. Ramsey; assault and battery. State hies motion to dismiss appeal. State of Indiana vs. Robert Girton; assault and battery. Appeal from City Police Court. Dismissed on payment of costs. State of Indiana vs. Wm. Kennedy; assault and battery. Appeal from City Police Court. Finding of guilty. New Suits Filed. Foster L. Bailey et al. vs. Nicholas M. Sirrott et al.; mechanic’s lien. Superior Court. Room 3. Orion Trust Company vs. Annie E. Sturtevant et al.; suit for injunction. Superior Court, Room 1. Harriet H. Powell vs. A. Howard Powell; suit for divorce. Superior Court. Room 1. Charles B. Selvage vs. Anna C. Selvage; suit for divorce. Superior Court, Room 2. Viola Armstrong vs. Amos K. Diltz; suit on account. Superior Court, Room 2. State of Indiana on relation of the Managers of Indiana Reformatory vs. A. C. Daily; request for writ of mandate. Superior Court, Room 3. CITY NEWS_ NOTES. The General A. D. Streight Circle, No. 16, Ladies of the Grand Army of the Republic, will meet at Spencer's Hall to-morrow at 1:30 p. m. and all go in a body to memorial services at the Baptist Church. Rev. Dr. George Spinning, of New York, who is attending the General Assembly of the Presbyterian Church at Winona, will preach in the First Presbyterian Church of. this city to-morrow evening. Subject, “Experiences on the Frontier.’ Dr. Franz Hartman, president of the Theosophical Society in Germany, will lecture on theosophy at the Propylaeum Sunday evening under the auspices of the Indianapolis Theosophical Society. The lecture will be free. Dr. Hartman comes here with a distinguished reputation and is said to he a very interesting and instructive lecturer. Philological Society. The Indianapolis Philological Society met at the agricultural rooms in the Statehouse yesterday with about fifty people in attendance. Among them were Profs. E. P. Morton, G. E. Karsten and H. A. Hoffman, of the State University; Prof. C. H. Hall, Miss Jeannette Zeppenfeld and Mr. F. G. Kenny, of Franklin College; Profs. D. C. Brown, H. T. Miller and Miss Jessie L. Christian, of Butler, and a number of teachers and pupils of the Indianapolis High School. The session began at 3 o’clock with a brief address by President Karsten. A paper was read by Miss Christian on the figures of speech used by Demosthenes and was discussed at some length. A general discussion was had upon the question of how much attention should be paid to grammar and how much to literary criticism in college classes in language. It was led by Prof. A. B. Milford, of Wabash. Two Men Disappear. Harry Thrush, a merchant policeman whose district was in the neighborhood of Indiana avenue, between Ohio street and the "Yellow'” bridge, is missing. He lives at 124 Greer street arid has a wife and several children, who are greatly worried about him. When last seen Thrusli was talking to Patrolman Recer, ori Indiana avenue, at about •'> o’clock yesterday morning. Recer says lie was sober. W. S. Price, a clerk at the Denison House, says his father is missing. He started from Danville, 111., to come to this city and failed to turn up when expected. Price says his father Inns but recently recovered from an attack of typhoid fever. BROAD KIFI’LG PARK. Band Concerts Sunday afternoon and evening. RESTAURANT OPEN-BLACK BASS TO ORDER. Lunches for Bicyclists a specialty. Bicycles checked free.

CANNOT RIDE IN CLASS A AMATEURS AYHO RIDE WHEELS FOR ADVERTISING PURPOSES. Comment* on n Circular Sent Out—> Wheels as Rail—Bicycle Notes. The following circular letter, issued by a bicycle manufacturer, has attracted the attention of the L. A. W. racing board, and as a result the weekly bulletin from Chairman Mott contains reference to it and new provisions of the rules for preventing professionals riding as amateurs. The circular referred to is as follows; “To Our Agents—As you are probably aware, we have decided not to have a professional racing team on the cireuit this year, believing that the interests of the bicycle will be better served by getting the best local Class A riders on the wheel. “We inclose herewith blank form, w'hicli we w’ould like to have you rill out with the names of the best amateur riders in your territory whose interest it might be well to procure for the season of 1897, placing them in the order of their relative ability —that is, the best man first and so on down the list. “Show in column headed ‘Remarks’ any special mention you may desire to make. We will then correspond with you further on the subject.” The weekly bulletin does not give the name of the manufacturer, but has the following to say regarding the circular: “This is the same manufacturer that issued a similar circular in 1896, and amateur racing men know the one to whom reference is made. Starters in amateur races on these bicycles are warned that that fact alone will be taken as circumstantial evidence (Clause D, Sec. 7, Art. 4, by-laws) in an investigation of their amateur status. By vote of the board the following is added to the racing rules: ‘Race promoters must not offer nor riders demand or accept anything in excess of the prizes promised by the entry blanks, score cards or programmes. “When there are no conflicting interests involved members, of the board in charge of districts will give the special permit required by the rule to exceed the prize limit for ‘match races’ if the members are satisfactorily guaranteed that the purse or prize is bona tide as advertised to the public through publications. When the special permit is granted it will be published in the bulletin.” The rules of the racing board of the L. A. W. are very strict in denning and enforcing the line between amateurs and professionals. It is a big advertisement to the manufacturer to have a large number of men in the amateur class riding his wheels, for in this class the men are required to pay their own expenses and to accept nothing from any manufacturer or race promoter except such prizes as they may win, and there is a very low r limit on the value Os the prizes. Os course, there are more amateurs than professionals, and as a matter of fact there is more to make an amateur race a thing of real sport Ilian a professional race. Amateurs race for glory, while professionals race for the money there is in it and for the purpose of advertising the wheel of the manufacturer that is bucking them. The rule is strict that any amateur who accepts pay or expenses or a bicycle from a manufacturer at once becomes a professional. It would be a greater advertisement for a wheel for a lot of amateurs to i ide it then for professionals, for the reason tlfat amateurs buy the wheel of their choice, while professionals ride the wheel they are paid to ride. This being the case, it would be a big card if a manufacturer couid give his w'heels to amateur racing men all over the country and they still remain amateurs, or if the manufacturer could put a lot of men on the circuits by paying tneir expenses and they still remain in the amateur class. It was on the suspicion that this was the object ol the people who issued the circular, and hence the action by the racing board. The last paragraph of Chairman Mott’s bulletin here given deals with an important subject. The limit of prize values in amateur events is $33 and the largest amount that can be given In open professional events is sloo. In match races there is a rule allowing larger purses, but the rule has not been clearly defined. A purse of $250 is a large one, and there are few match races for so large an amount. But there have been advert sed races where the purses were given at SI,OOO and over. This is all a fake. There are not usually any purses in such cases, 'the men may be riding for percentage of the gate receipts, and the promoters “crack” the event away up before the public by announcing tile large purse they are competing for. Such an event of this kind might be billed for Louisville, while a legitimate race card would be given at the same time in Cincinnati. or vice versa. People living in Indianapolis or at other points about equidistant from the two places would probaoly not think much of a race for sloo when they could see the "big oiie-thousand-dollar purse” contested for. The Louisville meet would g< t the patronage, when perhaps the better races were at Cincinnati. Want to Deposit W heels for Ball. A good suggestion has been made by a bicycle rider. It is that riders when arrested for violating the ordinances governing the use of the wheel, be allowed to deposit the wheel for bail, it not infrequently happens that bicyclists are arrested who unwittingly violate the law. A lamp may go out for want of oil or a rider may be taught on tin wrong side of the street. The offense is not a serious one

and is generally satisfied by a light fine in Police Court. There is a rule enforced here that no personal collateral shall be taken by the turnkey at the police station. A cash bond of sls will be acepted from a cycling offender for his appearance, but a SIOO wheel will not suffice, in New York the wheel is accepted as security by the sergeants in charge of police stations. In Chicago the policeman making the arrest is permitted to take the name and address of the offender, send his wheel to the police station and allow' the offender to go. The Outing; Club. A meeting of the constitution and bylaws committee of the Outipg Cycle Club was held last night. The committee consists of Messrs. Herbert W. Foltz, Wallace Sherwood, H. H. Rice, Charles ZwicK and Fred T. Ross. A constitution and set of by-laws were drafted. They will be presented to the club for its approval at the next meeting, Wednesday night, May 26. The club’s home, No. 123 East Pearl street, is rapidly assuming an appearance of the typical, all-round, high-class athletic association. The gymnasium is being thoroughly iitted throughout. The handball court is nearly completed, the howling alleys are ready for active service and the billiard and pool tables will be in place to-day. Painters are giving a fresh coat to the Interior and carpenters are making a few alterations in the inside architecture. Rev. Jnliez Snashall Badly Hart. GRAND RAPIDS, Mich., May 21.—Rev. Jabez Snashall was run into by a streetcar to-day while riding his wheel. It is believed his injuries will prove fatal. He is fifty-five years old, has been pastor of Calvary Baptist Church here for six years and prominent in his denomination. Later.—Mr. Snashall died later, without having recovered consciousness. Bicycle Notes. The city will be asked to roll with its steam roller the road race course the day before the race. B. F. Chapman, manager of the Columbus bicycle works, at Columbus, 0., Is in the city, the guest of Mr. Carl Fisher. Police Sergeant John Ixnvo is on the sick list owing to a fall from a bicycle. He tried to ride alone after having taken only about sixty lessons. The Peoria Athletic Company, agent for the Patee bicycle, has shipped a wheel to Benjamin Harrison McKee at Saratoga Springs, N. Y. Will Snyder and Edward Raymond, the crack Conde riders, have fitted Kokomo tires to their wheels for use in the Decoration day road race. McKee it McFarland’s new “bicycle ambulance" w’as put In service yesterday. It is a handsome wagon, which will be sent for disabled wheels on call. Wheel riders complain that a great deal of broken glass is thrown upon the streets and that the street cleaners make no effort to remove it as they do other refuse. Eddie McKeon, of Dayton, tlie professional racing man who won the mile event at the Auditorium races at Louisville last week, is in the city visiting some cycling friends. The managers of the Decoration day road race have received a pointer to look out for ringers. It is believed that some professional racing men from New York will try to get in. Jimmy Davis, the sixteen-year-old lad who ran thirteenth against a field of eighty starters in last year's road race, will compete again this year. He lias been showing great speed and his friends predict fast time for him. Frank Erdelmeyer. chairman of the racing committee of the Zigzag Cycling Club, will be at the When store next Thursday to receive entries for the Decoration day road race. Entries will close at 9 o’clock that night and all who wish to gtd handicaps must enter before that time. Those coming in afterward will be mude scratch men. Tom David and W. L. Decker, of the Outing racing team, arrived here yesterday from Louisville, accompanied by their trainer, Charles Ward. These men and Owen Kimble will leave Monday for Dowagtac, Mich., where they will start upon the Michigan circuit. Kimble will probably join the National Circuit when It gets further north. Carl Thome will ride in the Kentucky meets. Street-Corner Fight. Robert Youger was struck on the head with a bowlder thrown by James Wysong last night at the corner of Washington street and Arsenal avenue. The fight started between Wysong and another man, a friend of Youger. Youger tried to separate the men and succeeded in getting his friend to go away. This angered Wysong, and he seized a stone and hit Youger with it. Youger was hurt pretty latclly. He was hit on the temple and a huge lump was raised. The wound was dressed and he was sent home. Wysong succeeded in avoiding ttia bicycle policemen, who were sent to arrest him. John Reardon in ti right, John Reardon, a lawyer, and Charles and Jesse Gray were arrested last night on charges of assault and battery. Charles Gray had two "lovely” black eyes, which he claimed Reardon had given him. He and Reardon quarreled and fought in the saloon of Joe Hoffbauer, No. 2 Orange avenue, Thursday night. Jesse Grav interfered. They were arrested on warrants by Patrolman Hite. SHAKE INTO YOUR SHOES Allen's Foot-Et.se, a powder for the feet. It cures painful, swollen, smarting feet and instantly tiUk.es the sting out of corns and bunions. It’s the greatest comfort discovery of the age. Allen's Foot-Ease makes tight-litting or new shoes feel easy. It Is a certain cure for sweating, callous and hot. tired, aching feet. Try it to-day. Hold by all uruggisi* and shoe stores. By mail tor 25c in stamps. Trial package FREE, Address ALLEN S. OLMSTEAD, Leßoy, N. X. ,

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