Indianapolis Journal, Indianapolis, Marion County, 8 October 1897 — Page 2

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however, the court would not permit to fro before the jury. "How many times have you been convicted find sentenced to the workhouse?" asked Mr. Griffiths. "Six times." "And how many times to the penitentiary?” "Once." Judge Grubbs refused to allow the defendant to fro into the cases, where he was convicted, to show his innocence, holding that the*** matters w> re wholly collateral. The state had the right, however, to bring them up to attack the defendant’s credibility as a witness. Exceptions were, taken a:i along the line. As Ferriter left the stand Mr. Griffiths stated that the defense rested. EVIDENCE IN REBUTTAL. In rebuttal Mrs. Anna Morris, of No. 293 East Georgia street, was brought in to impeach the testimony of Upton, who, despite his nervousness, was the most damaging witness against the state's case. She lives across the street from the Cincinnati Brewing Cbmpany's office, saw the trouble between Ware and Ferriter, and while at her window saw the fatal shot fired. She was In plain view of the two men. "Did Officer Ware strike John Ferriter with anything while they were at the brew rery steps?” asked Mr. Wiltsie. "He did not.” On cross-examination the witness said she keeps a lodging house and also washes for a living. ‘‘How often do you wash for a living?” asked Mr. Griffiths, with a slight sneer. Mrs. Morris hesitated for a while and admitted she hadn’t done any washing for a few weeks. She did not testify before the grand jury. The night of the tragedy she raised the window opening out on the alley. Mr. Griffiths asked if she did not know it was so cold that night that policemen wore their overcoats. She admitted that she didn’t see Hensley at. the time the shot was fired, but Prosecutor Wiltsie drew from her the statement that she was only giving attention to the movements of Ware and Ferriter. She also added that she first told her story to Griffiths & Potts. "When we were down to see you didn't you say positively that Hensley was not present when the shot w r as lired, and that you did not want to testify because you did not want to make Hensley mad?” asked Mr. Griffiths. "I said something of the kind. I didn't see the affair as Mr. Hensley did. MrS. Morris had seen a man approaching with the policeman’s wheel. Patrolman Adolph Asche said he had known Ferriter twelve years and was well acquainted with the moral character of the defendant, which was’had. His reputation for truth and veracity was no better. Asche recalled arresting him on one occasion, and. before the defense could object, he added that Ferriter had resisted arrest. "Oh. I expect he could get all the policemen to testify," blurted out young Mr. Bain in a pout, and the court told the attorney that this remark was wholly uncalled for. Ware’s reputation for peace and quiet was jrood, said Asche. T. M. Kingsbury, merchant policeman, averred that he had an acquaintance with Ferriter of thirteen or fourteen years' standing. The defendant’s reputation was very had. Over an objection Kingsbury said he arrested Ferriter in 1885. At this point, to expedite matters, the attorneys agreed to submit to the jury without calling the witnesses to the stand the fact that the following policemen would testify as to the bad character of Ferriter and the good reputation of Ware for peace and quiet: Henry Slate. W. H. Conklin, B. R. Stevens, Samuel Irish and George Shaffer. Under the rules the state-could not show by these men that Ferriter had resisted every time he was arrested: Henry F. Habeney, on being recalled by the state, said he saw no one near the gate of Upton’s house at the time of the tragedy. He was used to prove that Upton, the ex-Kentuckian, was nowhere near the scene. Mr. Habeney knew Ware’s reputar tion to be that of a quiet man. He was one of the signers of Ware’s application for appointment on the police force. With the conclusion of Mr. Habeney’s testimony the state rested and the case was ready for argument. — THE ARGUMENT. A Summary of (be Five Speeches—The instructions. An hour before noon the argument began, Mr. Sedwick, the deputy prosecutor for Morgan county, opening. He first outlined the different degrees of murder. Premeditation, he said, did not have to exist for any considerable length of time, according to recent Supreme Court decisions. Just as soon as the intention enters the mind it becomes premeditation. The state had showed that Ferriter and his companions were quarreling in the rear of the Cincinnati Brewing Company’s office. Tho defendant had hurled a brick at Niland after their combat. "I'll fix you,” were the angry words of Ferriter. He was the kind of a fellow that knew how to “fix" men. insisted the attorney. When Niland oame back it required the efforts of four men to keep Ferriter from jumping on him. Mr. Sedwick insisted that Ferriter must have heard the officer order the crowd to disperse. When Ware called to Ferriter It was to give advice, the attorney thought. The policeman had known Ferriter fifteen years, and knew what sort of a character he had to deal with. Ware believed then that Ferriter had a revolver. Kow could the beer have reached Ware’s breast unless it had been thrown on him? If it merely had been spilt the beer would have fallen on his trousers. When Ferriter threw the beer he committed an assault md battery. That moment Ferriter was an assailant, and the policeman, to protect himself’, had to subdue the tough. Mr. Sedwick did not think Upton saw any of the circumstances he described. Ferriter is quick as a cat, and strong, having been employed for a considerable time at heavy labor. He knew his strength when he attacked the officer. As the attorney pictured the tragic death of her husband Mrs. Ware ■wept copiously, and the little son, seeing his mother shedding tears, sympathetically joined her. Mrs. Ferriter, the mother of the accused, on the other side of the room, glared fiercely at tho eloquent young attorney. Every act, every movement of Ferriter, contended the state, showed that he had perfect control of his faculties. "He Is the most desperate man for his age you ever saw,” said Mr. Sedwick to the jury. “When Patrolman Rochford arrested him he said: ‘My God, did I kill him. I didn’t intend to.’ It was a weak subterfuge for him to say this. His call on the Almighty one was a sacrilege then. Had he called on his God in his childhood days he might not have been where he is to-day. We insist that he is guilty of murder in the first degree. Don't compromise among yourselves, gentlemen of the jury, and give liim a slight punishment,” At this juncture Sir. Potts objected, contending that Mr. Sedwick was about to tell the jury that if it gave Ferriter a sentence under the indeterminate sentence law he might possibly escape with a few years. The court checked Mr. Sedwick in this direction. MR. POTTS’S ARGUMENT. After dinner Mr. Potts discussed the case from the defense’s point of view. The courtroom was crowded for the first time during the trial. He first asked the jury to consider conditions among the poorer classes of Indianapolis, where the “growler” is a matter of household economy. It was no offense for a group of young men to drink beer from a bucket in an alley. Ware readily said that it was no offense per se when he remarked: “It's a pity you fellows can't drink you beer without eo much trouble.” Nor did Mr. Potts think tfie credibility of "Boney" Keefe as a witness should be attacked because he had been arrested for drunkenness. To strengthen this assertion he cited the recent case of Police Superintendent Colbert, anti this brought Mr. Wiltsie to his feet. The prosecutor thought it improper for Mr. Potts to bring such an averment into the trial of Ferriter. There was not even any record that Mr. Colbert was drunk. Mr. Potts maintained at great length that Ferriter had a right to strike at the policeman, and that he acted clearly In self-de-fense. The admission of Hensley as to his sympathy with the prisoner was dwelt upon for all it was worth. Mr. Wiltsie would not permit Mr. Potts to say that Ferriter’s nose was broken across the bridge. It was the right nasal bone that was broken, and really could have been broken by a fist. Mr. Potts was sure the jury would believe Upton’s testimony. He was a farmer and had no opportunity to educate himself as thoroughly as the State’s attorney, who had interrogated him. The prosecutor's insinuations against Upton were reseated Mr. Wiltsie spoke up. "You know, Mr. Potts, the state would nave had no right to Introduce any such evidence,'’ Mr. Potts having

chided the state for not endeavoring to impeach Upton. Referring to Bartender Wilkins, the attorney said: ’ A saloon keeper in Indianapolis does not dare go back on the police—not in that city’, where they sell liquor on Sunday and after 11 o'clock,’ and the police would not forget a man who went back on them in this case.” Mr. Potts spoke in all two hours and a half ami made a very able exposition of the theory of the defense. MR. WILLIAMS’S SPEECH. Joseph Williams, prosecuting attorney for the judicial district of which Morgan county is a part, was the next speaker. The jury', he said, should consider Ferriter’s character in connection with his credibility as a witness. The jury could eliminate his entire testimony if it believed he was a confirmed liar. When a mere child the defendant had to De confined in a reform school. Brought back again after being released on good behavior, he escaped. Scarcely has he been out of a jail or prison since tnen more than three months at a time. "You are now trying John Ferriter, the burgiar, for murder,” said Mr. Williams. The throwing of beer by Ferriter was an assault, it was contended, but even beyond that Ferriter tried to hit the officer. Mr. Williams devoted considerable attention to the witnesses for the defense and attacked them severely. As he referred in a low voice to the death of Ware both the wife and the mother of the dead man wept and sobbed. The little boy tried to pull his mamma’s hands away from her eyes. The testimony of Hensley where it weakened to the detriment of the state’s case was gone over and explained, Mr. Williams doing much to retrieve the damage done by Hensley on the stand. MR. GRIFFITHS’S ARGUMENT. At 3:30 o’clock Mr. Griffiths took advantage of the defense's last opportunity to speak. He at once made a severe arraignment of Mr. Williams’s speech, calling his conduct “ungenerous, unprofessional and cowardly.” Murder in the first degree, tor which the death penalty should be reserved, was illustrated by such as the Pearl Bryan and Luetgert cases. Supreme Court decisions bearing on premeditation, showing that a certain time must he allowed for the passions to cool, were cited. “That boy has never had a fair chance in life,” remarked Mr. Griffiths with vehemence. "Every hand has been turned against him. We knew his record, but we put him on the stand that you might know every' fact in his career. The only time they attempted to prove he ever used a weapon before was in a case where we showed he was acquitted.” Mr. Griffiths held that there was no semblance to a riot when Officer Ware was summoned. He talked with r he boys in a friendly way and they and ir-rsed. The coroner’s record was exhibited show that Witness Sullivan did not see * ■- shot fired, as he testified at the trial. •'* y did not notify' Ferriter that he was „.-ier arrest, and w r as guilty of an aggravated assault and battery the moment he str > k him, and that moment the right of sell-defense existed. Ware weighed ISS pounds and was muscular, while Ferriter only weighed 125 pounds. Time and again Ware knocked the boy down. Why' didn't he accept the aid of Hensiey if he couldn’t handle his prisoner? Hensley testified that the boy was badly hurt. The sympathy of this principal witness for the state went out to the boy. The attorney' made an effort to patch up the vitally w'eak spot in Dr. Keegan’s expert testimony, and Mr. Wiltsie, with a smile, offered him the typewritten copy of it. Mr. Griffiths spoke an hour, closing with a very eloquent peroration, asking for simple justice for his client. The speech was regarded as an able one. MR. WILTSIE CLOSES. Mr. Wiltsie began the closing speech in the case with a touching account of the manner in which Ware had responded to the fatal telephone call. Ferriter, had he not been a vicious boy', would have been molded into an honest life in the hands of Superintendent Charlton, of the Reform School. “The man that took the life of Charles Wart,” said Mr. Wiltsie, “did it after full premeditation and with malice in his breast. The man who fired that shot into the policeman’s brain gave him no chance to prepare to meet his God, and if you fix upon John Ferriter the penalty of death, you will give him better treatment than he ga e poor Charles Ware.” As Mr. W’ ’sie went into the evidence ids manner grew Iramatic, and a hush fell over the couftrooi .. Several women wept as he now and the pictured the death of Ware. He censured the efforts of the defense to make the jut y believe some parts of Hensley's evident e, and discredit others. The prosecutor thought the testimony of Upton was completely impeached. He argued on this line extensively, and, as far as the witness’s story' was supposed to be consistent in details, the prosecutor riddled it. Mr, Wiltsie was unfortunate in having to make his effort after darkness had set in and the jury was tired from long confinement, the court holding sessions from 8:30 in the morning till 6:30 in the evening, with one hour for dinner, but notwithstanding this he held the jury’s attention very closely. His conduct of the case has been an extraordinarily good one, considering the disadvantages he has proceeded under. His denunciation of the character of the 800 gang leader was as scathing as his argument on the evidence was logical. The idea of Upton being able to recognize the cherry color of the policeman’s mace fifty or sixty feet away, and that at a time when the sun had set and night was coming on. was ridiculed by Mr. Wiltsie. "If y'ou give Ferriter his life it is the most favorable thing you can do under the evidence,” said Mr. Wiltsie. “Take it from him and you render absolute justice. Speaking for myself, and I think for the people of Indianapolis, 1 would rather see you turn him scot free on the community than give him a prison sentence shorter than that of one for life.” With this Mr. "Wiltsie closed. As one of the jurors w r as feeling ill, the court announced that he would deliver the instructions in the morning. THE INSTRUCTIONS. Judge Grubbs’s instructions, which will be delivered to the Jury this morning, are regarded as fair. They follow the usual advice given to a jury' in such cases. Regarding a feature pertinent to this particular case, he will say: “A police officer, such as a policeman in a city', has the legal right to arrest an offender against the law either with a warrant or without a warrant when such offender in his presence is violating some law or committing some breach of the peace. In so doing he may use so much force, and no more, as may' be reasonably necessary to effect such an arrest. If the offender resists such arrest with force and violence and assaults such officer the officer may resist such assault, using such force as may be reasonably necessary to defend himself and to enable him to effect such arrest. It is the duty of an officer seeking to make an arrest to notify the person to be arrrested of his purpose or intention to make such arrest, if there be an opportunity to do so. If an officer in attempting to make an arrest abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, acting in an improper, brutal and criminal manner, he becomes a trespasser and wrongdoer from the beginning, and he may be lawfully resisted. The person so assaulted may r resist such excess of force to the extent that he may reasonably believe to be necessary to preserve his life from such wrongful and excessive use of force and to save himself from great bodily harm. If an officer legally attempting to make an arrest is resisted he has the right to press forward and overcome such resistance and effect such arrest, using whatever force as may' be reasonably necessary' for that purpose and no more. * * * If the officer in attempting to make said arrest uses unnecessary force and violence the person so attacked may. without retreating, repel force by force, and if in the reasonable exercise of his right of self-defense his assailant is killed, he is justifiable.” Inutile to Find tlic Ilnndii*. KANSAS CITY'. Mo.. Oct. Although detectives from both Kansas City and Independence have worked hard to-day to gain some clew to the robbers who last night stopped a Chicago & Alton train, near Evanston, a suburb of this city, their success proved indifferent. One of the robbers is described as tall, wearing a white hat and a light coat, and the dynamite and masks discarded by the men have been found. Nothing more tangible, however, has come to light. Because of the big crowds attending the carnival, the men would have ample opportunity to eseai>e detection. Chief of Police Hayes expresses the belief that the robbers are local men. Illinois Girl Murdered. JACKSONVILLE. 111., Oct. ".—Miss Norrahis, who died Sept. 11. as the reported result of a buggy acident and whose body was disinterred yesterday by the coroner’s jury, was murdered, according to the verdict of that body rendered to-day. I)r. Fritz Skinner is the man charged with causing her death by a criminal operation, and Adam Lodge, her stepfather, and William Hobson, her lover, are declared in the verdict to have been accessories. Warrants are out for the arrest of the three men, but they have disappeared. Dr. Skinner is supposed to have gone to New York. TO CURE A COLD IN ONE DAY Take Laxative Bromo Quinine Tablets. All druggists refund money If it fails to cure. 25c

THE INDIANAPOLIS JOURNAL, FRIDAY, OCTOBER 8. 1897.

TWO BAD MEN FOUND OUT e INDICTMENTS AGAINST WELL-ES-TEEMED MARION CITIZENS. e Labor Commissioner* Offer to Settle Gluss Workers’ Trouble—Double Elopement Story. • e ■ Special to tl:e Indianapolis Journal. MARION, Ind., Oct. 7.—The result of the grand jury investigation in the affairs of William White was an indictment for perjury, and he was arrested on that charge this afternoon. An indictment was also found against William E. Heal, ex-secretary and treasurer of the Homestead Building and Loan Association of this city. He is now at the Chicago University, where he went last week to take special work in mathematics. Heal is well known among mathematicians, having contributed papers to mathematical journals in this country and in Europe. Had the downfall of either of these men been predicted a few years ago the prophet would have been drummed out of town as malicious or crazy. While one w'as supposed to be rich, solid, careful and shrewd, Heal was thought to be honest and equally careful in all his business transactions. EDITH NUTTER ELOPES. lint Her Friend, Kloise Hendricks, Failed to Follow Suit. Special to the Indianapolis Journal. MARTINSVILLE, lnd., Oct. 7.—A few days ago there was an attempt at a double elopement of Miss Edith Nutter and Miss Eloise Hendricks, daughters in two highly respected families here. J. E. Smith, night operator at the Indianapolis & Vincennes Railway station, and Homer McClure, express deliverer for the Adams Express Company and telegraph messenger, were the two young men in the case. Owing to the tender age of the girls, both being only sixteen, the matter was given no great amount of publicity, people thinking it a sort of schoolgirl freak. One of the girls made a confidante of her schoolmate, who gave the “snap” away, and their designs were frustrated. Dr. W. E. Hendricks was away at the time attending a Springfield (111.) state fair with his fine hogs. Mrs. Hendricks, however, was the one who was told of their daughter’s intended elopement. The family lesidts two miles from town, and Mrs. Hendricks immediately left for town to overtake her daughter. An officer found the girl that evening at the home of her sweetheart, young McClure, and she was taken back home. McClure had been granted a leave of absence, but will now defer his wedding trip. Very little of the affairs of Operator Smith and Miss Nutter is known. He had made no provision for a substitute, even for the remainder of that night, and he is supposed to be on duty all night. Mrs. Nutter and her son had first learned of the projected elopement. They kept close watch on Miss Edith until her cousin, Miss Hendricks, was in the hands of the officer and stopped the young people’s programme. Smith continued at his post until yesterday morning, when he boarded the east-bound train for Indianapolis, saying he was going to Pennsylvania. Last night Miss Nutter gave her folks "the slip” and disappeared. They found her night gown in the hall and the front door wide open. It is not known how the girl escaped after leaving the house, but it is thought she was driven in a carriage by confederates of Operator Smith to some point where she met Smith, and they took the train for Pennsylvania, where he has numerous relatives. He had his valise checked through to Pittsburg yesterday morning. Nothing has been heard from them and the girl’s relatives fear she has committed suicide. , ♦ TEARING OFF THE MASK. W. R. Covert Showed No Mercy for Spiritualism Last Night. Special to the Indianapolis Journal. ANDERSON, Ind., Oct. 7.—There was a shift in the national debate on spiritualism in this city to-night, W. R. Covert taking the agressive and affirming that “spiritualism as a system of religion, science and philosophy is a delusion, a fraud and a lie.” He started right in to deliver body blows from the first, not evading the real point in the least. He gave a brief outline of his version of the origin and history of modern spiritualism. He claims that it started with the mesmerising of Andrew Jackson Davis at Poughkeepsie. N. Y., in 1843. He traced the life of Davis and of the Fox sisters to their final expose. He traced spiritualism into free loveism in 1856, and then went over the ground, picking out the ludicrous incidents of alleged spiritualism in its early days and laying it at the door of modern spiritualism. It was a rough method of going into the subject, but it seemed to be very effective. He had papers and alleged affidavits for about everything he said from, the expose of the Fox sisters to the conversion of spiritualism into free love. He cited the incident about them building a wooden man at Lynn, Mass., which was under divine conception to become human and to be their leader. All of the low things which were attributed to early modern spiritualism from ISSO to 1860 were brought out. He says he is holding the best of his argument back for the closing night. Hull, the spiritualist champion, appeared to splendid advantage to-night, and is much stronger in making a defense than in taking lead. He combated every statement in a masterly manner. The attendance was very large. The debate closes to-morrow night. LABOR COMMISSIONERS. Schmid and McCormack Take a Hand in Gians Workers’ Troubles. Special to the Indianapolis Journal. ANDERSON, ind., Oct. 7.—State Labor Commissioners Schmid and McCormack arrived in the gas belt to-day and began holding conferences with window-glass manufacturers and workers, offering the services of the State Labor Commission in the settlement of the three-cornered fight between the workers themselves and between the workers and the manufacturers, which is now keeping all of the window-glass plants in the country closed down. It is likely that their tendered services will be accepted, but it is alsp quite likely that the labor commissioners of Ohio. Pennsylvania, New Jersey, Delaware and other glass producing States will also be called in, as the subject is one of national importance, covering every plant in the land. The fight is in such a shape now that the workers and manufacturers cannot meet each other and sign any scale which will result in all workers returning to their places. The glass situation is showing its most serious aspect. There are less than 300,000 boxes of glass in the Nation to-day to meet the average monthly demand of 400,000 and what glass there is on hand is of sizes for which there is no demand. The men need work, the manufacturers are losing money, still they cannot get together. They would all like to see a soiution of the question and this offer of the Indiana Labor Commission is likely to pave the way. 'SQUIRE VAN WINKLE INDICTED, Hninmoml Jnstiee of the Peace Charted with Taking n Bribe. Special to the Indianapolis Journal. CROWN POINT, Ind,, Oct. 7.—As the result of the investigation by the Lake county grand jury Sheriff Hayes to-day arrested Justice of the Peace S. P. Van Winkle, charged with soliciting and accepting a bribe from Mrs. Charles Lavine, of Hammand. He was given a preliminary hearing and bound over to the Circuit Court undue SSOO bonds. Van Winkle lias been a justice of the peace for twenty years and is a trustee of the First Methodist Church. The arrest has thoroughly stirred up the citizens of Lake county and several more arrests fully as sensational will follow soon. Children on a Burning Straw Stack. Special to the Indianapolis Journal. HAGERSTOWN, Ind., Oct. 7.—Two children. aged four and live, sons of Daniel Bowman, living a few miles north of this place, while playing with matches yesterday, set fire to a large staw stack. The children climbed to the top before the fire gained much headway. Suddenly the immense pile of Staw was enveloped with Are, and the children were fast being suffocated. The older boy threw himself off the stack and rolled through the fire to the ground unhurt. His brother was overcome and sank down into the straw’. Isaac Covault, a neighbor, arrived in time to climb through the lire to the top of the stack and

gathering the child in his arms leaped to the ground. Both were painfully burned. Gas Struck in n Sixty-Foot Well. Special to the Indianapolis Journal. ROSSVIBLE. Ind.. Oct. 7.—While drilling a W'ell to-day at Sedalia, a village four miles east of this place, the drillers struck gas at a depth of sixty feet. The well was on Charles Prltch’s property, near the Vandalla Railroad. When lighted a flame fifteen feet high was shown. The gas escaped wdth such force as to throw large stones out of the hole. The find is considered valuable enough to warrant a full investigation. Twelve years ago Hamilton Brown, near the same town, struck a strong flow of gas at about the same depth. He drove his w'ell pipe through it, and the well was never used, for gas. This find, it is hoped, will be developed. It is believed there is gas further west than it has been discovered heretofore. New Regimental Officers. dal to the Indianapolis Journal. NEW ALBANY, Ind., Oct. 7.—The Twen-ty-third Indiana Regimental Association elected the following officers at its reunion at Corydon: President, John J. Hardin, of SaleiA; vice president, W. J. Cearnes, of this city; secretary, W. S. McClune, of this city; treasurer. John W. Edwardson, of this city; chaplain, Charles Wood, of Waverly; executive committee, E. B. Stephenson, of Livonia; J. O. MePheeters, of Hardinsburg; Isaac Houston, of Martinsburg, and J. O. Edmonson, of this city. The Fifty-third Regimental Association elected the following: President. J. W. Marshall; vice presidents, J. T. White and James A. Engleman; secretary and treasurer, A. Hughes; chaplain, J. A. Engleman. Reunion of Two Regiments. Special to the Indianapolis Journal. NOBLESVILLE, Ind., Oct. 7. -The reunion of the Seventy-fifth and One-hundred-and-first Indiana Regiments began at Wild's Opera House this afternoon. The veterans have been coming in all day, and one of the largest crowds ever attending a reunion is now in the city. The citizens of Noblesville have opened their homes to them. At the opera house this afternoon w r elcome addresses were made by Mayor E. C. Wilson and ex-Department Commander Caylor, and responses by Capt. B. F. Williams, of Wabash, and John H. Gray, of Cincinnati. The camp fire was held to-night. The reunion continues to-morrow. John R. Leonard, of Washington, D. C., is here mingling with the veterans. Electric Light Plant Sold. Special to the Indianapolis Journal. SALEM, Ind., Oct. 7.—An important deal was closed here last night by which a controlling interest in the Salem electric light plant, which is valued at $15,000, passed into the hands of Daugherty and Brisenden, who own the Bloomington, Linton and Ladoga plants. The plant has been running seven years. At a meeting last night J. A. Kemp, C. C. Cooper, M. B. Hottel and E. W. Menaugh resigned as directors and Josiah Daugherty, H. E. Daugherty, H. W. Brisenden and W. A. Brisenden were cl.c a. Afterwards the board of directors reorganized, reducing their number to three members. L. W. Sinclair owns or controls the rest of the stock. At present there are about five hundred incandescent lights and fifty arc lights. First Train in Seven Months. Special to tiie Indianapolis Journal. SEYMOUR, Ind.. Oct. 7.—This evening an engine was brought here by the Pennsylvania Railroad Company, and to-morrow morning forty-five cars, which are scattered along the Evansville & Richmond road, will be pulled out. The cars belong to the Pennsylvania line, and have been on the sidetracks of the E. & R. since the March flood, since which time the road has not been used. For three weeks men have been at work repairing the track, and the train to-morrow will be the first one to pass over the road in seven months. Senator Turpie at Hazel Bluff Farm. Special to the Indianapolis Journal. CLINTON, Ind., Oct. 7.—Senator Turpie has arrived In this city and is the guest of his friend, ex-Governor Matthews, at Hazel Bluff farm. In Its autumnal atmosphere Hazel Bluff farm is at its best and the venerable statesman is eloquent in his praise of the beautiful farm and the picturesque scenery which forms the western border of Hoosier dell. A reception was being given at Hazel Bluff mansion to-night in honor of the distinguished guest. Mr. Turpie is much fatigued, he says, from his work during the last session and will spend several days on Hazel Bluff farm resting. 'Windfall to Have aa Opera House. Special to the Indianapolis Journal. WINDFALL, Ind., Oct. 7.—A brick block of four business rooms, owned by Bailey & Day, has just been completed, and Dennis & Wood are erecting a fine brick block of four business rooms on the first floor, with an opera hall above. Two complete brick streets have just been accepted from the contractors. A fine brick .schoolhouse will be ready for occupancy in a few days. The glass factory and canning factory are running on full time. A number of new residences are going up and other substantial improvements are in prospect. $3,500 Verdict Against the L. E. A W. Special to the Indianapolis Journal. GREENSBURG, Ind., Oct. 7.-The Jury In the case of Christian Maus against the Lake Erie & Western Railway returned a verd'et this morning for $3,500. The plaintiff was employed at the company’s pumping station at Rushville in 1892, and in ascending a ladder to the water tank had a bad fall. The case had been previously tried, the jury failing to agree, and was venued to this county from Bartholomew. The case will be appealed to the Supreme Court. Some members of the jury were in favor of $.0,000. Ratlihone Sisters’ Banquet. Special to the Indianapolis Journal. HUNTINGBURG, Ind., Oct. 7.—The Rathbone Sisters of the Thirteenth district have been holding an interesting district meeting here for the past two days. Delegates are here from Princeton, Mount Vernon, Birdseye and other points. Mrs. Lola Calvert, of Scottsburg, Ind., grand chief of the Rathbone Sisters, is in attendance and assisting in the meeting. Last evening a banquet was given in honor of the visitors at the Phoenix Hotel. The session closed to-night with a social meeting in the K. of P. Hall. The Scarlet Fever Epidemic. Special to the Indianapolis Journal. RUSHVILLE, Ind., Oct. 7.—There were no well defined cases of scarlet fever reported to-day, although several suspicious cases of sudden sickness among children are announced. The schools are closed and the children are kept off the streets. Health Officer Spurrier expects to stamp out the epidemic in ten days if he receives the cooperation of the physicians of the city, some of whom have criticised the Health Board for its vigorous action in the matter. Wayne County Highwaymen. Special to the Indianapolis Journal. RICHMOND, Ind., Oct. 7—Newton Baldwin, driver of a poultry wagon, was assaulted last night by two highwaymen while about three miles out from Economy, where he resides. He was knocked from his wagon seat with a stone, and then both attacked him. Baldwin had a revolver, and managed to drive his assailants away, but not before he had been seriously injured. The men failed to get any money. Third Indiana Cavalry. Speci.il to the Indianapolis Journal. CONNERSVILLE. Ind., Oct. 7.—The reunion of the Third Indiana Cavalry w’as a success in every particular. The tally-ho ride in the afternoon proved a great treat to the boys. At their business meeting Comrade Pickerly, of Indianapolis, was elected president; J. F. McKee, Indianapolis, secretary. Comrade Geo. Spahr was chosen to deliver the address at the next meeting, which is to be held at Indianapolis, on the first Monday in October, 1898. Jennings County Veteran*. Special to the Indianapolis Journal. NORTH VERNON. Ind.. Oct. 7.—The Jennings county soldiers’ reunion, held at this city to-day, was a grand success. The city was decorated and many soldiers from a distance were present. This afternoon Col. Will Cumback delivered an eloquent speech to the veterans at the fair grounds. To-night a campfire was held at the opera house. Diamond Plate Strikers Win. Special to the Indianapolis Journal. ELWOOD, Ind., Oot. 7.—The strike at the diamond plate-glass factory was adjusted to-day and the factory will resume operations in full Monday morning. The company gave in to the men and will employ

sand wheelers to aid them in doing their work. The company will also perfect other arrangements in the grinding department that will facilitate the work of their employes. Meeting of Glass Manufacturers. COLUMBUS, 0., Oct. 7.—A meeting of glass men is in session at the Hotel Chittenden. The object of the meeting is to further the objects of the industry at large, and this embraces prices as well as quality of goods. Pittsburg, New Castle, Syracuse, Philadelphia, Baltimore, Albany, Carson City, Buffalo, Elmira and the following Indiana towns: Gas City, Anderson, Greeniield, Dunkirk and Redkey are represented. Brooklyn Schools Closed. Special to the Indianapolis Journal. MARTINSVILLE, Ind., Oct. 7.—Several cases of scarlet fever have broken out in the families of Mr. Griggs and Mr. Lang, of Brooklyn, this county. For ten days no attempt was made to prevent exposure to the sickness, and there is a fear of it spreading The two homes have been quarantined and the public schools closed indefinitely. Mr. Justice Badly Injured. Special to the Indianapolis Journal. GREENWOOD, lnd.,Oct. 7.—Monk Justice, who is employed in the clothing store of L. Mayer, on South Illinois street, was badly injured yesterday afternoon in a runaway, which occurred while he was driving just south of this place. He is under the care of a physician. Mr. T. J. Lcgg Stricken with Apoplexy. Special to the Indianapolis Journal. LOGAN SPORT, Ind., Oct. 7.—On Tuesday night the' wife of Rev. T. J. Legg, of 1414 Spear street, this city, was stricken with apoplexy. Mr. Legg is the state evangelist lor the Christian Church and left norae Tuesday night and his friends do not know his address. Mrs. Legg is still uhconscious. Gets $12,000 for n. Hand. Special to the Indianapolis Journal. BEDFORD, Ind., Oct. 7—Robert Redman was to-day given a verdict for $2,000 damages against the Consolidated Stone Company. Redman was an employe and lost his right hand in the machinery while working for the company. Rilled in u Runaway. Special to the Indianapolis Journal. DANVILLE, 111., Oct. 7.—Chris Schimheart was killed to-day in a runaway accident. His team became frightened at a large sign on the roadside. A Miner Fatally Stabbed. Special to the Indianapolis Journal. WASHINGTON, Ind., Oct. 7.—Art Lents was probably fatally stabbed by Tom Walker in a quarrel at Montgomery 10-day. Both men are miners. Indiana. Obituary. JEFFERSONVILLE, Ind., Oct. 7.-Mrs. Susan Smith, aged seventy-two years, died to-day at the home of her daughter, Mrs. John Largent. Death resulted from hemorrhage of the lungs. A week ago today her husband, the venerable Samuel Smith died. EL WOOD, Ind., Oct. 7.—Henry Harmon, brother of County Recorder M. D. Harmon, died last evening. He was a son of William Harmon, one of Indiana’s lirst settlers and who yet lives at the age of ninety-six. CRAWFORDSVILLE, Ind., Oct. 7.—Mrs. Mellie Eldridge, daughter of Colonel Gill'ord, of this city, died last night. HOLT DOWN AND OUT. (Concluded from First Passe.) mined that it would be sheer folly to talk about making arrests at this tardy time. The reason for it would be too plain. “Revenge, only revenge,” would be the words with which it would be received. TRUST COMPANY’S INTEREST. Contractors Claim Assigned to It— Could Collect in an Equity Court. The Journal has heretofore called attention to possible litigation growing out of the sewer mess as it affects the assessments for the work- After the contractors began the work it became necessary for them to borrow money to complete the job. It was procured from the Union Trust Company, of which Mr. Holt is a director. He was at the time a city official. He was park commissioner. When the contractors borrowed the money from the trust company they assigned their claim against the city. The amount.of money received from the trust company is not known, but it was quite a large sum. As soon as the money was loaned the trust company at once acquired a large pecuniary interest in the sewer. Upon its proper construction and acceptance depended whether it would be paid for. Section 7 of the charter prohibits in very strong language any city official from having any interest, direct or indirect, in any city contract, and provides that any such contract shall be “absolutely void.” Asa director of the trust company Mr. Holt had an interest, at least an indirect internet, in the completion of the work and the collection of the money. An assignment of the claim of the F ulmer - Seibert Company to the Lnion Trust Company is in possession of Controller Johnson. It is dated Oct. 14, 1895, is signed for the Fulmer-Seibert Company by L. A. Fulmer, president, and George W. Seibert, secretary. It reads: “For value received the undersigned has assigned and transferred its rignt to receive money and bonds in the mutter of the assessment for the construction of a sewer under a contract entered into by it with the Board of Public Works of the city of Indianapolis, on the 7th day of September, 1895, to the Union Trust Company, of Indianapolis. Such assignment and transfer were made by a contract entered into between the said "Union Trust Company and the undersigned on the 12th day ot October, 1895. "The undersigned requests and directs that any and all money whatever collected under said assessments or received in the matter thereof be paid to the Union Trust Company, and that fell bonds issued in the matter of said assessment be delivered to the said Union Trust Company.” The contention of the Union Trust Company is that it does not have any interest in the contract witlj the city. Its interest accrued after the assignment was made. John H. Holliday, president of the company, was at his farm when a reporter called to see him yesterday afternoon, but Henry Eitel, vice president of the company, said that his company had no interest in the contract. He was not disposed to think that there was anything in the claim that the fac£ the company had loaned money to carry on the work would effect its claim in any way on account of Mr. Holt’s connection with the city administration. If the courts w r ere to hold that Mr. Holt, the city official, had an indirect interest on account of his position as director in the trust company, and that the assessments were therefore noncollectible, it is said the company’s recourse would be against the city. It would have a right that would be recognized as equitable and just. It is said that the city could not use a sewer that someone else has constructed and for w T hich It has not paid. City Attorney Curtis said when asked about this point that the question was too serious to give an offhand opinion on, especially as there has been talk of bribery and official corruption in connection wjth it. The attorneys for the contractors insist that there is nothing in the point, as the interest of the Union Trust Company was not in the contract, which was executed some time prior to the assignment. Royal Robinson, secretary of the contractors, said that it was a very customary thing for contractors to assign their claims for money advanced to carry on the work, but he did not know whether the point involved—Mr. Holt’s connection both with the assignee and the city—had ever been passed on. Controller Johnson has many assignments of claims made by contractor's in Ids custody. A Departure. Kansas City Journal. When Miss Constance Ingalls got ready to leave. Atchison, for Philadelphia to become a deaconess, the Episcopal Church folks held a special service in her behalf at 7 o’clock in the morning—which seemed jv t like a funeral. An hour later she and h> :• girl friends were given a breakfast at the parish house—which seemed just like a wedding. As she got on the train to leave her father handed her a cheek for ssoo— seemed just like a necessity. She Might. Chicago Evening Post. “Could you learn to !/ve me?” he asked. “1 don't know,” sh</ answered thoughtfully. “The cause of education is making great strides these days, and It is possible to learn most any old thing,”

SPAIN NOT IN A HURRY W ILL TAKE PLENTY OF TIME TO REPLY TO WOODFORD’S NOTE. Cabinet Unanimous In the Opinion that the System of Warfare in Cnhe, Mast Be Chunked. 1 MADRID. Oct. 7. —It Is seml-offloially announced that the note which Gen. Stewart L. Woodford, the United States minister, communicated to the Duke of Tetuan, the Spanish minister for foreign affairs, is not an ultimatum. In spirit and textually it is couched in friendly terms. The Cabinet at Washington expresses a wish to know when Cuba can be pacified, and requests Spain to reply before Oct. 30, in order that President McKinley may be able to Incorporate Spain's answer in his message to Congress. Premier Sagasta, in agreement with Senor Gullon, the minister for foreign affairs, proposes to send a moderate reply, declaring the policy of Spain is to await events and to take such measures as consideration and prudence dictates until the change of policy in Cuba smooths the relations between the two governments. The answer of Spain will not be drawn up until the programme for the reforms in Cuba have been published. A Cabinet council, at which the Queen Regent presided, was held here to-day. When the ministers separated the premier, Senor Sagasta, announced to the newspaper men that no final decision had been taken in regard to the reply which Spain' will make to the note of the United States. The Imparcial, however, says it learns that tho reply of Spain will satisfy Spanish susceptibilities in making clear to President McKinley the resolute attitude which Spain maintains in regard to Cuba. It is semi-offlcially announced to-day that Captain General Weyier will be recalled from Cuba this month and that it Is probable the Cortes will be dissolved in December and anew Parliament convoked in March. According to El Heraldo, Spain’s reply to the United States will point out that if American interests suffer by reason of the war in Cuba they (the Americans) are themselves to blame for it, inasmuch as the insurrection is assisted from the United States. El Heraldo says also: “We understand that the government will express its confidence that the new policy to be pursued with regard to Cuba will produce a change In the attitude of the United States.” LONDON, Oct. B.—The Madrid correspondent of the Times, referring to the Cabinet council yesterday (Thursday), says; “The Cabinet was unanimous in the opinion that the system of warfare in Cuba must be completely changed. Special attention was drawn to the deplorable condition of the sick and wounded soldiers now arriving. This aspect of the case was considered at the direct initiation of the Queen Regent. Regarding the finances, although the optimist views of the recent minister of finance do not appear to have been justified, it is believed that with prudence sufficient resources may be counted upon, at least until the Cortes meets in the spring to authorize supplies.” The Daily Mail's Madrid correspondent says that the premier announced to the Cabinet that the Anarchists now in prison at Fortress Montjuich for the bomb throwing outrage at Barcelona during the procession of Corpus Christ! will be immediately sent into exile or released. Senor Moret u Statesman. WASHINGTON, Oct 7.-The friends of reciprocity are encouraged to believe that the selection of Senor Moret as minister of the colonies in the new Spanish Cabinet will lead to an improvement of the commercial relations between the United States and Cuba. Moret is the recognized exponent of reciprocity In Spain, and he first came Into public notice by embracing the views of Bastiat and urging complete free trade. Another position taken by Moret, will, it is believed, have a favorable effect on the Cuban insurrection. This is his authorship of the law emancipating the negro slaves in Cuba, which is known as the Moret law. When he presented the law he was personally attacked by Castelar, who claimed that the emancipation was not speedy enough, and who asked If Moret wished his daughters to read Cuban newspapers advertising the sales of negro women along with the sales of mares and cows. “Yes.” answered Moret, “I will make my daughters read these papers, and when the sale of women, along with mares and cows, shocks their tender sensibilities, I will tell them, ‘You father was the first to call these beings to liberty.’ ” The Moret law has greatly endeared Its author to the negroes of Cuba, who are a ruling power in the present conflict. May Cause Irritation. WASHINGTON, Oct. 7.-The State Department has not yet been officially Informed of the purpose of the Spanish government to dissolve the Cortes In December, as Indicated in a Madrid cablegram. It was expected, however, that It would be found necessary for the Cabinet to go to the country in order to secure the support of a majority for the Liberal policy towards Cuba, inasmuch as the present Cortes has a clear Conservative majority whenever that party’s elements can be brought together. Disappointment is felt at the remote date set for the convening of the new Cortes, for it is presumed that any new programme for the settlement of Cuban affairs must be ratified by the Cortes, and if this is not to meet until next March the long delay, it is feared, will give rise to irritation, and perhaps be beyond the powers of endurance of the present administration. It is possible, however, that by a prompt declaration of policy towards Cuba, couched in such terms and made public in such fashion as to bind the government beyond doubt, that the delay will not be serious in results. * OUR TRADE WITH SPAIN. Points from a Report Submitted by Comal General Bovren. WASHINGTON. Oct. 7.-Consul General Bowen has reported to the State Department on the commercial conditions inSpain. He says from the figures it would appear that Spain’s trade has not yet been seriously affected by her military operations In Cuba and the Philippine Islands, still there would be a very apparent decrease in the totals of exportations if the amount of supplies of all kinds sent out to the Spanish troops could be ascertained, and until the Cuban war is ended all statistics of Spain’s trade, the consul says, must be accepted as somewhat misleading. The consul is informed by foreign commercial travelers that there is a considerably less demand for foreign goods in Spain than a year ago and that the trade outlook is not bright. United States exports to Spain consist chiefly of cotton, petroleum and staves and in normal times amount to about $18,000,000, but during the present year will amount to about $14,000,000. The Spaniards care little for our agricultural implements and machinery. Our wheat they consider too fine, and what of it they buy they mix with coarser Russian grades. They consider our bicycles the best in the world, but as they are more expensive than English, French and German makes, few are imported. Bicycling is not very popular in Spain, as Spanish women do not regard wheeling in keeping with propriety. Spain, the consul says, has a high protective tariff and it operates adversely to the United States, as we have no treaty with her, according to lower rates. Another serious question is that of exchange. Gold is at a premium of over 30 per cent. Seven years ago 100 pesetas, in Spanish silver or paper, would buy 100 francs worth of French goods. To-day 130 pesetas would have to be paid for them. Silver, paper and copper, all on a par with each other, are the only moneys used in local commercial transactions and In the custom houses. There is practically no gold circulation in Spain. Exchange being so high, the prices of food and of living are, of course, affected, and the general tendency now is to advance the price of all commodities. Certain English, German and French firms during the past two years have established factories in Spain to meet the. new conditions. TELEGRAPHIC BREVITIES. The celebration of King's Mountain day took place at the Tennessee centennial exposition yesterday. The firm of Goldberg & Rich, of Nashville, Tonn., yesterday assigned to Simon Lieberman. The liabilities are $75,000: assets believed to be far less than liabilities. The Denver fire‘department claims the record for the United States on running one thousand feet, laying five hundred feet of hose connected with a steamer and getting water from the steamer through the hose. The record was made by steamer

MUNYON’S LIBERAL OFFER Os Free Examination, Free Advice and Free Rheumatism Cure, ENDS SATURDAY NIGHT Every One is Welcome lo Call Uoiil Then and Receive This Wonderful Remedy. TEST NO. 2 Will Begin Monday Morning at 9 O'Ciock and Continue Aii Next Week. WATCH SUNDAY’S PAPERS And See What Prof. Munyon Will Do For the People ot Indianapolis and Vicinity Next Week. This has been a great week; for the sick and afflicted of Indianapolis. Every day Munyon’s offices have been crowded under his liberal offer of free examination, free advice and free Rheumatism Cure. Hundreds of people who have suffered for years from this torturing disease have sought relief at the hands of Munyon; been told by his specialists just what ailed them and how to get well, and been given a sample vial of Munyon’s Rheumatism Cure without cost. There is no doubt in the mind of Prof. Munyon that every one of these people will be benefited, and many, perhaps 90 per cent., will be cured. In tests made all through the United States of this wonderful remedy the results have been that many ptxtple have throw r n away crutches used for years; many have been relieved of agonizing pains which precluded all thought of their natural rest, and in many cases bedridden invalids have been restored to health. If these people have been benefited and cured there is no reason why the people of Indianapolis should not also.be benefited and cured. Prof. Munyon began a series of tests last Monday with the earnest desire that tho putnic should investigate the merit of his remedies and let the world know through the medium of the press of the benefits they have derived from the use of these remedies. So far this week the results have been beyond even Prof. Munyon’s expectations. Many persons have called at the office to say that their rheumatic pains, from which thev had suffered for a long time, have entirely left them. Others called to say that they felt that they had been completely cured, and Prof. Munyon feels that still others will announce in a few days that they have been permanently cured. Next week these tests will be continued. ■Another remedy will be taken up on Monday morning and distributed free to every man, woman and child who calls at the Munyon offices, Majestic Building. During the time that these free distributions are being made Munyon’s Specialists will examine and advise every person who calls absolutely free of cost. No matter what disease you are suffering from, Munyon’s doctors are at your service free. This institution Is hre for the benefit of all the people. There Is no obligation on your part to buy a penny’s worth of medicine. Everything Is qs free as air. Watch the Sunday papers for the announcement of next week’s distribution, and all sufferers from any disease may feel that they are entirely welcome at the Munyon offices. Open all day and evening;; Sunday, lO to 12. Majestic Building;, Pennsylvania and Maryland streets. company No. 4 in an exhibition run In connection with the carnival sports. Its time was forty-five seconds. The Northwestern Miller reports the flour output last week at Minneapolis, Duluth, Superior and Milwauke at 388,140 barrels. The general officers of the National Woman’s Christian Temperance Union havfe requested all local unions to hold memorial services for the late Gen. Neal Dow. Joe Goddard, the Australian heavyweight, who is matched to box Tom Sharkey at San Francisco, next month, arrived in Boston yesterday from England, on the steamer Canada. A committee of employes of Thomas Dolan & Cos., the Philadelphia wool manufacturers, made another demand yesterday for an increase of 1.5 per cent, in wages. The demand was refused and the weavers, about 300 in number, went on strike. A. H. Holmes, of Olean, N. Y., local agent for a Chicago portrait company, was arrested on Tuesday on a charge of appropriating $175 of the company’s money. Yesterday morning Holmes was found dead In his cell, having hanged himself. Judge Gibbons yesterday discharged the members of the Cook county (111.) board on a habeas corpus writ. The commissioners were arrested on complaint of the Christian Citizenship League for issuing a saloon license in territory within a prohibition district. William A. Pearson, alias Charles B. Wilson, has been committed to Jail In New York to await requisition papers from Ohio. Wilson, who was a railway station agent at Middletown. 0., Is accused of the embezzlement of SI,OOO from the Cincinnati, Hamilton & Dayton Railroad Company. Captain Payne Whitney, of the Yale University boat crew, announces that the permanent coach of the Yale crew the coming season will be Bob Cook. This was decided on at a meeting of the Yale aquatic advisers held In New York. Mr. Cook will take charge of the crew about Feb. 1. The Farmers’ Loan and Trust Company, of New York, has brought suit against the Hudson River Tunnel Company to foreclose a first mortgage deed of trust amounting to $2,500,000 on the property, franchises, etc., of the defendant. The complaint declares that the tunnel company is hopelessly insolvent. Some confusion has arisen owing to the similarity of the names of the buildings destroyed in tho Chicago stock yards Arts. Neither the building property known as the Dexter Park Horse Pavilion, nor any of the large horse sale buildings were damaged except the structure known as the annex south of Forty-third street. An Incendiary Blaze. A barn belonging to Dr. Henry Jameeon, in the rear of 416 North Delaware street, was damaged by fire of incendiary origin at 4 o’clock yesterday morning. The fire was also communicated to adjoining stable;* belonging to Mrs. Fisher and Solomon Munter. The loss was about S9OO. Thousands ar© Trying It. In order to prove the great merit of Ely’s Cream Balm, the most effective cure for Catarrh and Cold in Head, we have prepared a generous trial size for 10 cents. Get it of your druggist or send 10c to ELY BROS., 56 Warren St., N. Y, City. Rev. John Reid, Jr., of Great Falls, Mont., recommended Ely’s Cream Balm to me. I can emphasize his statement, ‘‘lt is a positive cure for catarrh if used as directed,”—Rev. Francis W. Poole, Pastor Central Pres. Church, Helena, Mont. Ely’s Cream Balm is the acknowledged cure for catarrh and contains no cocaine, mercury uor any injurious drug. Price, 50 cents. At druggists or by mail. jf*\ NATIONAL Tube Works Wrought-lroD Pipe for Gas, Steam and Water. * ' BoUwTubM, Can and Mai:*. ,/X ablo Iron l lit in ( black and *Tin , drTlh ■ f*lvauUt<l), valves. stoj Cocks. Kngtno Trimming, Wj'ji Kjg Steam Gauges. Tine Tonga, Ki '! w l'l|> Cutters, VUm, Screj* tUfl Plates and Dies, Wretches, Kehß Steam Trans, Puni|'S, Kltch* ; en Sinks, tlosc. 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