Indianapolis Journal, Volume 48, Number 29, Indianapolis, Marion County, 29 January 1898 — Page 3

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AMUSEMENTS. G-lee Club to Make u Tour. Special to the Indianapolis Journal. CRAWFOHDSVILLE, Ind.. Jan. 28.—The Wabash College glee and mandolin clubs are. preparing for a tour through the central part of the State in a few weeks. Manager Byers Is now out on a trip of arrangements. The college band is receiving Invitations to play in various plates. They will go to Lafayette Feb. 18 to play at a political gathering. Motes of the Stage. The Liliputians, giving their performance entirely in English, will be at English’s the first half of next week. “Down in Dixie” closes a big week at thej Park to-day. George Monroe, in "A Happy Little Home,” comes to the Park Monday. Richard Stahl’s new coon song, “She's the Sweetest Cullud Lady of Them All,” will he heard for thq first time In this city in “A Stranger in New York” next week. The Casino Operatic Burlesquers close at the Empire to-night. Irwin Brothers will be the offering next week. The famous live Barrison sisters appear during the burlesque. The !to is very strong. E. M. Dasher will return from Chicago to-morrow", bringing with him, in all probability, Charles Hoyt, who Is expected to remain here for the engagement of ”A Stranger in New T York,” at the Grand the first three days of next week. John W. McKinney, in advance of De Wolf Hopper and “El Capitan,” was in town yesterday long enough to hire a military band that will take part In the “El Capitan” performance at English’s when Hopper comes, week after next, and also play Sousa’s latest march. “The Stars and Stripqs Forever,” now being given nightly with “El Capitan.” Manager J. J. Rosenthal has engaged the following people for “What Happened to Jones,” which begins Its tour Feb. 14: Theodore Babcock, Charles Kent, Benjamin Howard, Grovqr. jr., Ernest Lamson. Martin Cody. Charleß Greene, Mrs. McKee Rankin. Kate Denin Wilson, Ellen Burg. Minnie Radcliffe, Mathilda Cottrclly and Eleunor Lowe PERSONAL AND SOCIETY Mrs. David K. Goss has gone to Anderson to visit her brothers. The Misses Shover entertained their card club yesterday afternoon. Miss Keebler, of Casper, Is visiting her Bister, Mrs, A. M. Sweeny. Miss Olivia Hapgood, of Cleveland, 0., is the guqst of Mrs. R. O. Hawkins. Mr. Thomas P. Walsh, of Memphis, Tenn., is visiting his mother here. Mr. and Mrs. Macy Maiptt and daughters have gone to West Baden for a few days. Mrs. Eddy, of Chi< ago, will come next week to visit her daughter, Mrs. O. H. Hasselman. Mrs. Joseph A. MUburn has returned from a visit to Mr. and Mrs. John Milburn, in Buffalo. Mrs Lawrence W. George will observe Thursday as her day at home for the rest of the season. Mr, W. Rhodes Shackleford, of Richmond. Ky., will spend Sunday with Mr. and Mrs. A. P. Fox. Mr. Joseph Thompson, of Nashville, Tenn.. who has been visiting friends, has returned home. Mr. and Mrs. F. L. Mayer Monday evening entertained a party that was together at Fisher’s island. Elijah P. Brown will leeture before the Minerva Club, at the Propylaeum, next Wednesday evening. Miss Bertha Ellis will entertain the senior and junior classes of the Girls’ Classical School this afternoon. Mrs. J. D. Condit. who has been the guest of her son. Mr. Henry Condit, and family, left yesterday for Terre Haute. Mr. Harry Palmer, who has been visiting his mother and sisters, will return to his home, In Helena, Mont., to-day. Mr. John B. Cockrum will entertain the members of the Bar Association am! their wives Thursday evening at the Denison. Mrs. J. Wilson, of Morton Place, gave a dance last night. She was assisted in entertaining by Miss Bullock and Miss Overly. Mr. Howard A. Dill has returned to Richmond. Mrs. Dill will remain two weeks with her parents. Judge and Mrs. L. C. Walker. Miss Marie Schlesinger and Miss Clara Lauchhelm. of Henderson, Ky.. are the guests of Miss Belle Adler, of North Nqw Jersey street. Mrs. Catherine Rusehlvaupt. Mrs. George BrUikmeyer and Mrs. Paul Nestel entertained their friends yesterday afternoon with a eoftee. A cantata. “The Fisher Maiden.” by Smart, will be sung at the Matinee Muslcale Wednesday under the direction of Mrs. S. L. Morrison. Miss Hawthorn, who has been making an extended visit to Miss Agnes Duncan, will leave the middle of February for her home, in Portland, Ore. Mr and Mrs. C. J. Buchanan gave a reception and social last evening to have the main here of Mayflower Church meet the

new pastor. Rev. H. N. Kinney, and family. The evening was Informally spent. Miss Julia lenders entertained at dinner last evening for her sister, Mrs. Timothy Harrison, of Chicago, and Miss Myrtle Parks, of Martinsville. The engagement Is announced of Miss Mary Foulke, youngest daughter of Mr. and Mrs. W. Dudley Foulke, and Mr. James Morrisson, of Richmond. Mr. and Mrs. Sippert announce the engagement of their daughter Marie and Mr. W. D. Monninger. The marriage is to take place during the latter part of February. Miss Daisy Wilson entertained a small party of friends yesterday with a luncheon. the guests of honor being Miss Arnold and Miss Hunkle, who are visiting Miss Josephine Smith. The announcement has been made of the marriage of Mr. Charles Jay Miller, of Chicago, and Mias Fannie McCormick, of this city, Jan. 15. Mr. and Mrs. Miller will bo at home after Feb. 1 at No. 332 La Salle street, Chicago. Mr. and Mrs. Hugh McK. Landon will give u winter picnic to-day at the water tower to the members of the Dramatic Club who took part in the play Tuesday night. Mrs. Landon was chairman of the entertainment committee. Cards have been received announcing the marriage of Mr. Hill Tollerton McCleary, of Columbus. 0.. formerly of this city, and Miss Clara Short, which took place Jan. 17. Mr. McCleary Is a son of Mr. and Mrs. A. M. McCleary. of this city. Miss Marie Uofer, who i* to address the Pedagogical Club this morning, will be the guest of Mrs. May Wright Bewail this afternoon, and this evening she will address the girls of the Classical School residence on “The Influence of Music on People at Hull House, Chicago,” and will illustrate her talk. The Quo Vadls Euchre Club met last evening in the club rooms of the Bates House and, after a pleasant evening spent in cardnluylng, partook of a banquet in the ordinary. Those present were Mr. and Mrs. Welch. Mr. and Mrs. Richardson, Mr. and Mbs. Forsyth, Mr. and Mrs. Kennedy. Mr. and Mrs. Choen, Mr. and Mrs. Webb, Mr. and Mrs. Curry, Mr. and Mrs. Carriger, Mr. and Mrs. Dryer, Mr. and Mrs. Pouder and Mr. and Mrs. Tuttle The Bonnie Brier Club held Its first meeting Wednesday afternoon at the homu of Mrs. M. J. Mannix, oh Broadway. Mrs. B. J. Mueller was chosen president, Mrs. M. M Mahoney treasurer and Mrs. T. F. Barrett secretary. Among the other members are Mrs. George E. Feeney, Mrs. J. E. McNamara, Mrs. George De Haven, Mrs. R. J. Carroll, Miss Lizzie Schwegman and Miss Maying Lyons. Prizes were won by Mrs. De Haven and Miss Schwegman. American Beauties were used in decorating. Mr. M. O’Connor gave a dinner party at the Denison Thursday night to his family ami friends, including a number of the Catholic clergy of the city. Those presen’ were: Mr. and Mrs. Michael O’Connor, Mr. and Mrs. Charles O’Connor, Mr. and Mrs. Maurice O’Connor, Mr. Edward J. O’Connor, Mr. Bernard O’Connor, Miss Theresa O’Connor, Mr and Mrs. Michael T. Ready, Right Rev. A. Bessonles. Rev. Joseph Charti'and. Rev. V. J. Brueker, Rev. F. B. Dowd, Rev. Joseph Weber, Rev. D. Curran, Right Rev. D. O’Donaghue, Rev. D. McCabe, Right Rev. A. Seheidler, Rev. H. Alerding, Rev. G. J. Lannert. Rev. Francis Hasse, Mr. and Mrs. James Broden, Mr. and Mrs. Amos W. Reagan, Mr. and Mrs. E. C. Gramling, Miss Genevieve Campbell, Miss Anna Matthews, Mr. William Clune. Mrs. Byron Hutchinson was the hostess for a reception yesterday afternoon for which several hundred Invitations were issued. Mrs. Hutchinson was assisted in receiving by her visitors, Miss Lane and Miss Bates, who were the guests of honor. Miss Lane wore a pretty gown of green silk veiled with organdie and Miss Bates a pink silk. The several rooms were decorated with Southern smilax in profusion, forming a frieze on the wans and draping the windows. Flowers were on all the mantels. Mrs. Hutchinson was assisted in the parlors by Mrs. 'Thomas Dean, Mrs. J. H. Greenstreet, Mrs. W. D. Seaton, Mrs. S. F. Gray. Mrs. C. F. Sayles, Mrs. J. R. Carnahan, Mrs. G. R. Root, Mrs. A. S. Comstock, Mrs. H. A. Bingham, Mrs. J. H. Serff, Mrs. Edward Hawkins. Mrs. Alfred Burdsal. Mrs. G. G. Howe, Mrs. G. w. Sloan and Mrs. John M. Lilly. In the dining room a large oval basket of pink roses and ferns occupied the center of the table, and the appointments were in pink and white throughout. The assistant hostesses were Mrs, Adelaide Thomas. Mrs. J. W. Beck. Mrs. Charles Lilly. Mrs. Walter Goodall, Mrs. J. W. Lilly, Mrs. T. A. Winterrowd, Miss Greenstreet and Miss Mary Hicks. In the swell window was the punch bowl, over •which Miss Mary Sloan, Miss Louise Lilly. Miss Anna Louise Beck and Miss Mary Edith Dean presided. A harpist in the hall was screened with palms and the staircase was wound with ropes of lycopodium. In the pvening Mr. and Mrs. Hutchinson entertained the members of the Cavendish Whist Club at cards.

BALL ESTATE CLAIMANTS. A Hundred of Them Lathered ill Thl* City. About one hundred men and women, claiming to be heirs of Joseph Ball, who died in 1821, leaving an estate now said to be valued at $10,000,000, are holding a meeting at the Bates House for the purpose of forming an organization and prosecuting their claims. Ball made his money mainly from government contracts to furnish supplies to the revolutionary soldiers. Hq was paid in land, and hundreds of acres of coal mines, timber lands and other property in Pennsylvania, District of Columbia, Virginia, Georgia, Kentucky and South Carolina are said to belong to the estate. Whqn he died Ball left no will, and his only relatives were ten uncles and aunts on the paternal side. The qstate, it is said, was never settled up, the property falling into the hands of persons who were not heirs, ,who now hold it by what is termed in law adverse possesion—that is, possession acquired after ihe statute of limitations becomes operative. Some time ago Dr. J. W. Compton, of Evansville, sent out letters calling for a meeting of thu heirs, and the hundred claimants now gathered together came In response to the call. They come from various parts of Missouri, lowa. Michigan. Kentucky, Pennsylvania, Ohio and Inuiana, hut chiefly from this State. The most of them seem to know very little about the estate, and some are wondering why they came. Yesterday a preliminary meeting was held. In which Mr. Kritchbaum, of Canton, 0., was elected chairman and E. W. Gans, of Mansfieild, O , secretary. A committee to devise a plan of investigation and procedure was appointed, consisting of Judge James Breathitt, of Hopkinsville, Ky., chairman: Mr. Dunham, Cory, Ind.; H. B. Roney, Chicago; V. E. Ball, Brookston, Ind.; M. A. Bender, Ackron, Ind.; R. Roberts. Indianapolis; William Richards, Hopkinsville, Ky., J. E. Sutton, Logansport, Ind.; J. W. Sloan. Media, Pa.; E. w. Gans, Mansfield, 0., and J. W. Stuart, Montlcello, Ind. Permanent organization will bq effected to-day." CITY NEWS NOTES! Joseph Schloss, of Ko. 607 Fort Wayne avenue, who has beer, seriously ill, is recovering. Indlana-tivenue car No. 329 yesterday morning struck the dairy wagon of W. S. Thompson, of Augusta, and wrecked it. There was no damage to the car, and no one was injured. The election of officers, board of directors and advisory board of the Boys’ Club Association will be held Monday afternoon at 2 o’clock at the ciubrooms on South Meridian street and Madison avenue. The grocery store of George Hillman, Woodlawn avenue and Dawson street, was entered by burglars Thursday night. A ham. sum ? tobacco and a number of smaller articles were taken. The burglars entered through the front door. A human head and arm were found yesterday morning in the alley between Tenth and Eleventh streets and between Park and Central avenues by Patrolman Mackessey. Dr. Tinsley said they had been thrown there by a medical student. The physician took charge of them. Clkhi*m Obtained by False Pretenses. Charles Copenhaven, twenty-four years old, living at 311 Tacoma avenue, was arrested last night on a warrant sworn out by Sarah Copenhaven. charging him with obtaining goods by false pretenses. He is a relative, of Mrs. Copenhaven, and tho latter keeps the cigar stand at the Sherman House. It is charged that the young man went to a wholesale house and rt presented that Mrs. Copenhaven wanted some goods, and received $9 worth of c'gurs, which he sold. Tho arrest was made by Patrolmen Conklin and Barmfuiner. Yesterday’* Fire Record. A lace curtain in the residence of Joseph Sullivan, 423 East Ohio street, cuught fire from a gas jet at 7 o'clock last evening and caused a loss of $lO. The residence of McClaren liays, 529 North California street, was damaged to the amount of $l5O yesterday afternoon by tiro starting from a defective flue. An Extended Popularity. Brown’s Bronchial Troches have for many years bcqti the most popular article in use for relieving Coughs and Throat trouble*.

IHE INDIANAPOLIS JOURNAL, SATURDAY, JANUARY 29, 1898.

THE COMPROMISE TERMS OFFER REPORTED MADE BY THE KR AG-KEY .HOLDS COM PA* Y. * First Mortgage Indebtedne** Expected to Be Reduced to $75,000 The Unsecured Creditors. The attorneys having in charge the affairs of the Krag-Reynolds Company, the insolvent wholesale grocers, it is understood, have submitted a proposition to the creditors looking to a compromise. A number of conferences have been held in the last week and It is now claimed a settlement of some character will have been reached by the first of the coming week. Unless the compromise is accepted by the creditors within the next few days, the Circuit Court will order the investigation of the firm’s affairs to proceed under oath. As to the claims of those secured under the first mortgage given by the Krag-Rey-nolds Company, the grocery firm has offered to puy them eff dollar for dollar if the mortgage is reduced to $75,000. Until a few days ago the indebtedness under the first mortgage was, in round numbers, as follows: Indiana National Bank, $25 000; Capital National Bank, $25,000; First National Bank of Chicago, $15,000; Nicholas McCarty Harrison, $25,000; Nicholas McCarty, $5,000; iiarrle N. Reynolds, $25,000; Eppens,- Smith & W’eiman, of New York, $7,000. This indebtedness aggregated $122,000. A week ago Nicholas McCarty Harrison came forward c*~'id surrendered all claim under the mortgage, He held the company’s paper for preferred stock he had surrendered some time before the failure. Some of the attorneys say that Harrie N. Reynolds, who holds notes for $25,000, is in a similar position and It is expected he will also waive all claim under the mortgage. Should Mr. Reynolds take this step, the .indebtedness under the first mortgage will be reduced to a figure slightly in excess of $75,000. In paying off the first mortgage indebtedness dollar for dollar, the members of the Krag-Reynolds Company expect to raise something like $40,000 cash from outside sources. To this sum will be added $15,000 of cash which the receiver holds. The total, amounting to $55,000, will be applied on the first mortgage debt, which will reduce it to $20,000. It is then proposed to dispose of the stock, appraised at $76,000, in the company’s store and collect the outstanding accounts, (he appraised value of which amounts to $69,000. Out of the cash realized the balance on the claims under the first mortgage will be paid, and the remaining sum, $125,000, divided among the creditors under the second mortgage and the unsecured creditors. The indebtedness under tho second mortgage is $150,000. This amount is due New York banks. There is talk of a settlement with these banks on a 66 2-3 per cent, basis. However, the banks are demanding a larger figure, but may decide to accept this amount. The unsecured merchandise indebtedness amounts to something over $75,(M0. The attorneys for the Krag-Reynolds firm hope to see their way clear to pay this class of creditors fl'ty cents on the dollar. The obstacles to this kind of a settlement, however, is the fact that replevin suits involving about $12,000 are now pending against the company. These litigants, with a hope of winning their suits, may object to accepting half that is due them and refuse to consent to a compromise. Next Wednesday Judge Harvey is to pass on the petition of the receiver to be permitted to sell the stock of which he still has charge. It is expected an official announcement relating to the compromise will be made public by Tuesday.

FOUND HIS OWN BILLS. Henry Dehner, a Potato Peddler, Was Acquitted. , Henry Dehner, a vegetable peddler, was tried in the Criminal Court yesterday on the grand larceny charge. Dehner is nearly sixty years of age. While walking on Delaware street In front of the courthouse one morning last September, he stooped and picked up a roll of money. A colored man. who was near, heard Dehner remark: "Well, that’s lucky for me.” The man stepped up to Dehner and asked him to “set ’em up," supposing the money had been a clear find. Dehner replied that the money was his own—that he had dropped it out of his pocket. He claimed there was $29 in the roll. He declined to treat, and proceeded on his way. A short time later the colored man was approached by Julius Pasquire, a grocer at No. 948 Fletcher avenue, wfto was much excited and complained that he had lost a roll containing SIOO. The colored man told Pasquire of the money which Dehner had picked up. Pasquire said he had come down to the market during the morning and had taken out his money while purchasing some beans. He put the money back in his pocket and did not miss it until some time later. He set out immediately to find Dehner. The arrest of the peddler followed, and he was indicted on the charge of grand larceny. Dehner’s attorney, during the trial yesterday, claimed that Pasquire found his client on the morning of the loss, and that Dehner admitted having picked up a roll of bills, but explained the money was his own, as he had dropped it. It was claimed Pasquire looked at the bills and declared they were not his. The case was tried by jury. A verdict of acquittal was brought in about 9 o’clock last night. JOHN THOMAS’S WILL. Distributtton of His Large Estate—A Codicil. Yesterday afternoon the will of the late John Thomas was probated in the Circuit Court and Henry E. Knippenberg, with the Union Trust Company as surety, gave a bond as executor in the sum of SIOO,OOO. Both a will and codicil were filed. Among the bequests left by the testator in the original will was the sum of $25,000 to his son, Richard Z. Thomas. This amount was to be held In trust for the son by George Yandes, trustee, the beneficiary to receive only the income from the invested sum named. The sum of $15,000 was to be held in trust by Mr. Yandes for the benefit of Julia Estelle Thomas, granddaughter of the testator. The trustee was also to hold in trust the sum of $30,000 for William Thomas, a son. Other bequests were mentioned, as follows: To Emeline Knapp and Mary T. Welsch, nieces, $5,000 each: to Charles E. Thomas, a nephew, $5,000. The testator bequeathed to his daughter, Mrs. Julia T. Eastman, the sum of $5,000 together with bis household furniture, library, etc., at the home on North Meridian street. One-half of the residue of the estate was bequeathed to the daughter, Mrs. Eastman, and the remainder to Richard and William Thomas, sons of the testator. The original will was executed in 1891, buc in 1896 a codicil was attached. By the terms of this instrument the bequest of $25,000 to Richard Z, Thomas was reduced to SIO,OOO and left in trust to Henry Knippenburg. The codicil also reduced the legacies of $5,000 to the niece, Emeline Knupp, and the nephew. Charles Thomas. Both beneficiaries are to receive SI,OOO cash. The codicil provided SI,OOO each for Mrs. Chas. E. Thomas, Ellen E. Lee and Ellen Atwell, nieces. A number of personal bequests in the way of keepsakes were also made by Mr. Thomas. The estate approximates $175,000 in value. AN END TO THE “ABBEY.” Supreme Court Refuse* Defendant* a Rehearing. The Supreme Court yesterday refuse#! to grant a rehearing in the “Abbey” cases. These cases are those brought against the owners of the Mount Jackson roadhouse for damages and injunction. The plaintiffs to the original suits were Sarah Edwards, James McKee and wife and John Stuart and wife, and the defendants were Christian F. Wishmeyeir, owner of the “Abbey” pioperty, and William Pullem, lessee of tiie roadhouse. The cluim was made that the presence of the saloon damaged the property of the defendants, who live and own pioperty in the immediate vicinity. It was set forth that the lowest classes of low men and women visited the resort at night and on Sundays and made the nignts hideous with their orgies and Sundays almost Intolerable to respectable people, who could not but sec and hear what was going on. The lower court gave each of the plaintiffs judgment for $250 and granted an injunction against the use or the property for the sale of intoxicating liquors, holding that the license was no protection. These cases were filed nearly two years ago and dragged along In the Supreme Court until about two months ago, when the decision

of the lower court was sustained. The “Abbey” was then closed. Yesterday the petition filed by Wishmeyer for a rehearing was overruled, and the “Abbey” is ended forever. A Cooked Food Company's Affair*. A suit for receiver was brought yesterday against the Steam Cooked Food Company, whose establishment is situated at East New l'ork street and the Belt railroad. The suit was bvought by Frank M. Wright, who claims to nave an account against the company for $156. Wright avers the company is insolvent and has liabilities in excess of its assets. He wants the business wound up. Verdict Agninat Mr*. Campbell. In the suit of Mrs. Addie Campbell against the Citizens’ Street-railroad Company, tried in Room 1, Superior Court, the jury yesterday found for the defendant. Mrs. Campbell asked damages for personal injuries and claimed she ruined a fine dress in an accident which befell her in alighting from a car. She put in a claim of SIOO for damages to her clothing. - THE COURT RECORD. Supreme Court. 18375. Fink vs. State of Indiana. Allen C. C. Reversed. Jordan, J.—l. In an affiuavit and information ttie particular crime with which the accused Is charged must be preferred with reasonable certainty by the essential averments in the pleading as will enable the court and jury to distinctly understand what is to be tried and determined, and fully Inform the defendant of the particular charge which he is required to meet. 2. In order to make an information valid for obtaining money or property by means of false pretenses there must be an absolute and direct negative of the particular pretenses by which the money or property was obtained, and thereby show that they were false. 18026. 'N. Y., C. & St. L. Railway Company vs. Hay Company. Marshall C. C. Petition for rehearing overruled per curiam. The fact that the jury in returning a special verdict under the act of 1895 found that the loss was a certain amount and also interest from the date of the loss will not justify a reversal on account of the interest finding.-but the objection on account of the addition of interest must be taken advantage of by a motion to modify the judgment. 17940. Miller vs. Dill. Tippecanoe C. C. Affirmed. Hackney. J.—l. In a suit to cancel a note, as a forgery, where the defense avers that the plaintiff executed the notes to one of the defendants as a compromise of a threatened slander suit, it is improper to cross-examine plaintiff with reference to the character of the defendant when no statements with reference to her character were brought by the examination in chief. 2. There can be no inference from the mere conveyance of one’s property that he is a debtor or that he does so to defeat a claim the validity of which he denies. 3. Where a person brings tin action to cancel a note it is not proper for the defendant to show that the plaintiff never denied the execution of the notes unless such circumstances are that made it the duty of plaintiff to speak. 4. In order to justify expert testimony the question must be within the domain of expert evidence. 5. Where the defense to a suit for cancellation of notes is that the notes were given in settlement of an Impending slander suit it is proper for the plaintiff to show circumstances which would entitle the defense to no damages or as little damages as possible. 6. Where a case is tried by a court only this court will not presume that improper examination of a witness was allowed over the objections of the other party to such an extent that the court allowed itself to become prejudiced In favor of the examining party. 7. In an action for cancellation of notes it is within the discretion of the trial court to allow such evidence as will establish the forgery of the notes as long as the opposite party is not harmed by such action. 18102. Prescoft vs. Haugliey. Marion C. C. Certiorari granted. 18276. Pullen vs. McKee. Marion S. C. Petition for rehearing overruled. 1827?. Pullen vs. Edwards. Marion S. C. Petition for rehearing overruled. 18278. Pullen vs. Stewart. Marion S. C. Petition for rehearing overruled. 18337. Gezesk vs. Hibberd. St. Joseph C. C. Petition for rehearing overruled. 18360. Dudley vs. Pigg. Sullivan C. C. Petition for rehearing overruled. Appellate Court.

2243. Insurance Company vs. Boyd. Shelby C. C. Reversed. Wiley, J.—l. When an action is brought upon a fire insurance policy for loss caused by fire and the policy contains a clause that if the house upon which the insurance is placed becomes vacant without the written consent of the insurer the policy shall become null and void, it Is not necessary to allege that the house was occupied at the time of the burning, in addition to an .allegation that the party had performed all the conditions on his part. A company waives notice of loss when its agent informs the insured that the company will not pay the loss. 3. To entitle a party having the burden of proof to a judgment in his favor on a special verdict such verdict must find and state every essential fact necessary to a recovery. 4. Where a person accepts a policy of fire Insurance exempting the company from liability thereon in case the property insured Shall become # ‘vaeant, unoccupied and uninhabited” the company will not be liable for the loss of the house by fire when It ceases to be used as £t place of human habitation or for living purposes. 2344. Rhodes vs. Jameson Company. Marion S. C. Affirmed. Comstock, J.—l. In foreclosing a mechanic’s lien a demand for payment Is not necessary before bringing the suit. 2. It is not necessary to itemize the statement of the account in filing the same as a mechanic’s lien, 3. The taking of a promissory note not governed by the law merchant is not the payment of the debt r nd will not bar a mechanic’s lien unies agreed to by all the parties. Superior Court. Room I—John L. McMaster, Judge, Addie Campbell vs. Citizens’ Street-rail-road Company; damages. Jury returned verdict for defendant. Michael A. Fleck, administrator, vs. Home Benefit Association: on policy. Plaintiff dismisses at his cost. Plymouth Saving and Loan Association, No. 2, vs. Daniel Miller et al.; foreclosure. Receiver Barth files final report. Report approved and receiver dismissed. Room 2—Lawson M. Harvey, Judge. The First National Bank of New Castle, Ind.. vs. Charles E. Atkinson et al.; note. Judgment against defendants for $69.70 and costs. R. C. Haworth vs. Clay Whiteley et al.; note. Judgment against defendant' for S4OO and costs. Wesley Edwards vs. John Burgan; appeal. Cause dismissed for want of prosecution. Caleb N. Lodge vs. Caroline Stone: foreclosure. Dismissed at cost of plaintiff. Room 3—Vinson Carter, Judge. Jenkin-Heaton Manufacturing and Lumber Company vs. Effie E. Nvsewander et al.; lien. On trial by court. Third day. Circuit Court. Henry Clay Allen. Judge. State ex rel. Mary Williams vs. Jacob Hess; bastardy. Evidence concluded. New Suit* Filed. Indiana Bond Company vs. Mary Johnson; street lien. Superior Court. Room 1. Aetna Saving and Loan Association vs. Albert Schad et al.; suit to foreclose mortgage. Superior Court, Room 3. Miami Powder Company vs. Joseph H. Jordan et al.; suit to foreclose mortgage. Superior Court. Room 2. Winfield S. Richards vs. James A. Isgrigg; suit on account. Superior Court Room 3. Julius M. Martens vs. James Mendenhall: Improvement lien. Superior Court, Room 1. NINE REDS IN A SWOOP. A Baseball Humor Which Mr. nru*h Den lew. There was a rumor last night to the gift ct that John T. Brush was negotiating with the management of the Louisville ball club for the exchange of nine Cincinnati “Reds” for Clatk. of the former team. Mr. Brush,, when seen, denied that he had a deal on for such an exchange. The report came from Cincinnati. It was said last night that C. C. Spink, editor of the Sporting News, of St. Louis, was in Indianapolis to see Mr. Brush concerning Mr. Von der Ahe’s whereabouts. Editor Spink could not be located, and Mr. Brush declared he had not seen the St. Louis man. Basis of Roeuber’* Petition. Attorneys Herod & Herod, who defended Max Rosenberg, the theatrical man convicted of bigamy in the Criminal Court Thursday, may file a motion for anew trial of his case to-day. The publication Thursday morning of a detailed statqment of the case, together with a, letter from the superintendent of the Philadelphia county workhouse relative to a photograph of Rosenberg which thq state had forwarded to the prison, caused considerable comment yesterday, and there was some speculation as to whether the Jurors read the account. It it not unlikely that Herod & Hqrod may touch on this point in making a request for anew trial. The story in the Journal contained an Interesting statement from the prosecuting witness, Blanche Louise Mitchell, which was not brought out during lug evidence on the witness stand.

“TALK” AT NOBLESVILLE - STREET-CAR CASES MADE BIT LITTLE PROGRESS YESTERDAY. City EngineerV Return from the East —City's New Rules to Protect Money Lender*. John W. Kern, city attorney, returned last night from Noblesville, where the argument was continued and finished before Judge Neal in the street-car cases. Mr. Kern said that no new propositions were advanced in addition to those published in the Journal last week with reference to the first day’s argument Little of public interest developed in the argument, he said, between the attorneys of the rival companies. Briefs were submitted to the court on behalf of the city and the two street-car companies. There was no rule from the court as to the sufficiency of the answer to the city’s complaint filed by the Citizens' Street-car Company, but the attorneys intimated to the court that they expected it would be held to be bad, us the court last week overruled their demurrer, which contended that the new law is unconstitutional. Yesterday neither company attacked the Hugg 3-cent-fdre law, which has already been held constitutional by the Supreme Court of the State. The proceedings were merely '‘talk,” as Mr. Kern put it, and the briefs tiled were largely on the same line of thought as the oral argument. It is hoped that an early decision will be rendered by the court. If the line of ruling that has already been established >s followed, the court will undoubtedly holu that the new law is constitutional and that neither company has any rights in Ircianapolis after 1801, as City Attorney Kern argues. The Supreme Court has already held the Hugg law to be valid. If S'xon e decision is rendered it Is anticipated that both companies will except and carry the case to the Supremo Court. After a decision by .that body, confirming the action of the lower court, it is supposed i hut the companies will appeal to the Supreme Court of the United States. Efforts will be made by the city all along the line to have the cases advanced, so that the exact status of the street-car situation may be known before the years ends. The Hugg 3-cent-fare law is similar to the New Jaw in vital principles and it Is believed by the city’s attorneys that the court will hold neither company has any rights to the streets of Indianapolis after 1901, and that the Supreme Court of the United States will sustain the state court in passing on questions in which the State Constitution is involved, as it has uniformly done in the past. : COST OF STREET REPAIRS. City Engineer's ‘nvestiK'utioiiN in the East. City Engineer Jeup was at his office yesterday. after a fortnight's tour of Eastern cities, during which he posted himself with reference to repairs to streets. In but one city, Wilkesbarre, Pa., did he find a municipal corporation owning its own plant for repairing asphalt streets. There a portable plant Is lri use that cost about S7OO. It is moved about from street to street, as it is required. The repair work there done in a year does not exceed one-fifth of similar work that will have to be done in this city. In Philadelphia the work of repairing permanently improved streets is done by private contract. This year about $200,000 will be expended for this purpose. Thfc system of street improvement in New York is entirely different from that in this city. Contractors are required to furnish a fifteen years’ guarantee on the new work. At the expiration of that time bids are received for keeping the streets in repair. Contracts are let for ten years. Companies receiving contra"ts for keeping streets in repair ten years at once resurface them. In addition to the usual bonds, they give surety company bonds that absolutely guarantee that the streets will be kept in good repair for the stated periods. Mr. Jeup, in his investigations, found that material for doing asphalt work in this city cun be purchased, as the asphalt companies do not have a monopoly on materials. Taking into account the cost of material and labor, he believes that if Indianapolis owned its own asphalt plant, repairs could be made at a saving of about 25 per cent. “I found that a large city is not the place to go to learn methods of economizing in street work,” said Mr. Jeup. "in the smaller places more attention is given to the subject of economy. Os course, in cities like New York, with a long guarantee period, where the improvement and repairs are guaranteed for ten years, the first cost is much higher than in cities where the guarantee is for a shorter period. For this reason, if for no other, it would be out of the question to introduce that system here.” Mr. Jeup also made some inquiries into the question of sanitary plumbing. He found that most of the cities haVe a plumbing department, under the control of the Board of Health. Instead of arbitrary plumbing laws, the Board of Health is authorized to establish such rules as it may think wise. This leaves the plumbing regulations flexible and they may be modified as modern improvements come to the fore, without having to go to councils or similar legislative bodies for amendments. Mr. Jeup looks upon this as being the wisest plan with regard to the sanitary plumbing question. The charter of Indianapolis seems to contemplate such a condition.

EXCISE HOUSES READY. ThoNe at Brightwood ami liauKhville to Be Oceopleil. The new fire engine houses at Brightwood and Haughville have been completed, with the exception of some plastering that will have to be done after the weather gets warmer. Money will be retained by the Board of Works to cover this item and until the work is done the houses will not be formally accepted. Yesterday the Board of Safety was notified that these two houses are now' ready for occupancy and may be manned with fire companies at any time. It is probable that the Board of Safety will take possession of them Feb. 1, next Tuesday. A hose company, consisting of a captain and three men, is to be stationed in each. The Haughville house wiil be known as No. 20 and the Brightwood houfce as No. 21. It is said that no new appointments will be necessary, as the companies will l>e filled from the sub lists made up some weeks ago. Mayor Taggart’s Return. Mayor Taggart returned yesterday from West Baden, where he has been resting from the pressure of city business for the last ten days. While his general health is considerably-improved he is still somewhat under the weather from a cold. Bast night Mayor Taggart was asked what he thought of the telephone situation, which has been somewhat changed since he went away by the organization of the New Telephone Company. The mayor said that he knew from occasional papers he had received that something was on foot in that respect, but that he was not very well informed about it and that until he had made some sort of inquiry he did not care to express himself. Suburban Street Signs. Since the suburbs were annexed a number of streets are to be provided with signs. These wery not included in the provision for street signs a ycjar ago. Feb. 9 the Board of Public Works will receive bids for furnishing the street signs, which are to correspond with those already put up. The signs are in black, with gold lettering and silver bevqled edges. ON A DOG’S EVIDENCE. SinKulur Story of Berner, Whotr Sentence Hun Commuted. Henry Berner, a life convict at Jeffersonville. has had his sentence commuted by the Governor to fifty years. Tills may not seem much of an act of clemency, but it is almost the same as a pardon, as the board of parole has by virtue of the commutation acquired a jurisdiction over the prisoner and may release him at any time. The man has served twenty years in the prison, and, counting the time earned by good liehavior, he is to be credited with thirty-three years on his sentence, thus leaving seventeen more if he were required to serve out the entire period of fifty years. Berner furnishes one of those remarkable stories thut sometimes are to be found be*

hind the prison walls. In May, 1878, he was placed in his present cell for life for the crime of murdering his employer. Edward Barlion. a barber, of Vincennes. The crime was brought home to Berner by means of circumstantial evidence only. Barlion had disappeared and Berner was running the barber shop. Some person, stirred by curiosity on account of the aDsence of Barlion, set a watch on Barllon’s dog and found that the animal went every night into a lonely field and whined and howled. Investigation found a new-made grave, from which a body was exhumed. This body it was claimed was that of Barlion. hut another body was also discovered about the same time that was also thought to be Barlion's. Nevertheless Berner was convicted on the evidence, chiefly of the dog, and there has always existed a doubt of his guilt. Berner proved to be a model prisoner, and in course of time became the only man in the prison who had an intimate knowledge of the great system of piping that underlies the cellhouses and other buildings. This knowledge made him invaluable to the prison authorities, and when the transfer of prisoners was made last May he only of the life convicts was allowed to stay in the Reformatory. Warden Hert said he could not possibly get along without the man and that he must stay. So stay he did. The old man broke down in tears of gladness when he learned he was not to be taken north. It is probable that he will be paroled and retained at the institution as an employe, as he. does not desire to leave. He has had opportunities to escape many times, being sent on errands frequently, but he. never violated his trust. His poor wife during all these years remained steadfast to him. She worked ceaselessly for his pardon and spent most of her money riding on the trains from Jeffersonville to Indianapolis when she would come, despite all rebuffs, to plead with the Governor. One letter she wrote to Governor Matthews reads as follows: "I will pray to God that you will give me my husband for an Easter offering, for 1 have lived true and faithful to him in all these years and I think I deserve to have him. I have no one in the world to look to for a home but him.” She is still alive.

CLASS NO. 30 GRADUATED MIDWINTER EXERCISES OF THE INDIANAPOLIS HIGH SCHOOL. * An Excellent Easily on Chnrlei Dickens's Old Home—The Rankin Scholarship. The thirtieth commencement of the Indianapolis High School was held last night at Plymouth Church. There were forty graduates in the class, twelve of whom were young men. Their names follow: Martha S. Allerdiee, Grace D. Berry, Claude G. Bowers. Ida Say Its BraddoCK, Juliet R. Brown, Gertrude Caylor, Minnie Churchill, May Lillian Coots, L. Ada Craig, Abraham Cronbach, Editn Danner, William S. Duckwall. Florence Lillian Dunning, Samuel W. Bckman, Andrea Ferguson, Kuthieen Faith Ferguson, Estella C. Fox, Lorin A. Green, Lilyan Haoich, Daisy Algier Hale, Mary A. Hasting, Edward Holm, Gertrude M. Howard, Thomas Victor Keene, Otto I. Kettenbach. Huldah T. E. Kotlowski, Edna Matilda Kunn, George J. Langsdale, jr., Margaret McCulloch, Sara Messing, Virginia M. rtutledge, William George Seibert, Estelle K. Selig, Jules Selig, Rupert C. Spohr, Edna Agnes Sweeney, Flora Anna Victor, Jesse D. Wall, Grace Eleanora Watson and Lula Bessie Willson. Martha Allerdiee ranked highest in scholarship, Lilyan Habieh second and Andrea Ferguson third. The programme consisted of essays, orations and sketches by members of the class and instrumental selections. Rev. C. C. Lasby opened the programme with a lengthy prayer, an organ solo followed, and then Miss Lilyan Habieh delivered her essay on “The Ideal of Service.” Her aim was to show that there is in modern times a brotherhood of man brought about by the coming of Christ and the establishment of His kingdom. "An Evqiing at Gadshill’ was the subject of a sketch by Daisy A. Hale, and it was considered to be by far the most original and entertaining effort of the evening. It was a picture of the home of the late Charlqs Dickens, the house as it exists today, but with the imaginations of a traveler thrown in to make the pictyre interesting. The traveler is attracted by the lights from the gable windows, and takes advantage of the darkness to peek into the study window. His imagination tricks him to see the author, a very old man, sitting in the big green arm-chair. Presently a number of figures come into the room, apparently gliding through the walls. They take seats after being affectionately greetqd by the author. They prove to be the various characters created by Dickens. After all urq gathered the author of all their being calls upon each to relate the incident of his or her life which impressed itself upon the minds the most. Tins was an opportunity for Miss Hale to give her own ideas of the characters in Dickffis’s works, and she did it with several characters. But her time was limited, and she passed over the others, after giving the impressions of Paul, Florence. David Copperfield, Oliver Twist and others. Jesse D. B. Wall, in an oration, discussed the “Puritan Influence on American Institutions.” He began with a historical account of the people afterward called Puritans, following thum through their existence in Holland and to their landing at Plymouth Rock. He then traced their influence through the settlement of the United States and the formation of the government. After a piano solo by Edna M. Kuhn, Andrea Ferguson delivered an essay on “Nature: A Connecting Link Between God and Man.” She said that in the early history of the world the people thought the earth was peopled with many supernatural beings, never seen but always present. Mythology and superstition prevailed. Later these things were cast aside and the people came to know nature as she is. She was a great friend to the people and a great insplrer. By knowing her, people come to look up to higher ideals and long to know more of the source of all tilings. It is thus that they come in contact with their God without uny written or revealed work to guide them. A fine oration was that delivered by Abraham Cronbach on “The Purpose of Education." He said that education was not merely the accumulation of information, but the development of that which is within. The function of education is not merely to enable the person to reach a higher plane in life in his ability to earn money, but to control the elements that are within the man, to direct the being, to choose the right from the wrong. Education places the man in contact with the noblest minds and purest souls of the world. It shows him a divine law in the creation of the world and teaches him the existence and wisdom of the Creator. The rules would hold as well in the life of nations as in individuals. Ida S. Braddock came next with a sketch about “Grandfather’s Village,” which was evidently taken from her own experience. She was moved to tears, so earnest was her speech. She described an old New England

MEN CALL WOMAN A MYSTERY. So She is to Them—Not so to a Woman. A Woman’s Knowledge Saves Mrs. Ebbert From an Operation. y LVjfo A woman understands women as a man never can hops ‘ to. For this reason Mrs. Lydia E. Pinkham. of Lynn, \ ass - now known all over the English-speaking world, itiuKSr set to work to help her sex. rWywl HBu After long and patient investigation. Mrs. Pinkham t v confirmed her own conclusions, namely: that seven* / \ eighths of the sufferings of women are due to diaW / \ orders of the uterine system. Reasoning on this line, I / if she savv th & t the only preventive of early breaking I / l\\ \ down, was a specific medicine which would act I / |l\* alone on the female organism. This was why she prepared her excellent Vegetable Compound, which has been such a boon to thousands and thousands of women. If yon have headaches chiefly at the top of the head, and are troubled by painful menstruation, dizziness, sleeplessness, backache, and that bearing-down feeling, Lydia E. Pinkham’s Vegetable Compound will tone up your whole system. MraCuaJ. D. Ebbert, 330 Wood St., Reading, Pa., testifies to the great power of the Compound, “ Mrs. Pinkham —I can say that your medicine has cured me of the pains and troubles which I had. My case was a very had one, and puzzled the doctor. My womb had kMBL fallen and I had terrible pains in my back andhips. Mr I could hardly walk. My husband went to our farn- . ily doctor, and he prescribed medicine for me, hut \ i found no relief, and grew worse instead of better, i j 'JnmbHF The doctor examined me and wanted to perform an * operation, but my husband would not consent. the advertisement in the paper, I got a bottle of Lydia • * E. Pinkham’s Vegetable Compound, and before I had taken half of the second bottle, I felt like anew woman. In all I have taken four bottles of your medicine, and can sav that lam entirely cured. I hope that every woman suffering as 1 did, will follow my advice and take your medicine at one*.’ 1

What do the Children Drink? Don’t give them tea or coffee. Have you tried the new food drink called GRAIN-O? It is delicious and nourishing and takes the place of coffee. The more Grain-0 you give the children the more health you distribute through their systems. Grain-O is made of pure grains, and when properly prepared tastes like the choice grades of coffee but costs about as much. All grocers sell it. 15c. and 25c. Try Grain=o! Insist that yonrgrocer gives you GRAIN-0 Accept no imitation.

N* Tine to Tarry With experiments in Bread and Pastry Baking. Let the other fellow—the miller —make them. Princess Flour is the highest quality of "patent." Has no equal. Every package guaranteed. Call on us at the Pure Food Show*. The whitest, most palatable biscuits, without shortening. BLANTOX MILLING CO. village. Its churches, graveyard and people, selecting some of the most striking characters. An old-fashlonod quilting bee also came in to test her powers at description. An organ solo followed, and then the following: Oration, “Enthusiasm an Element in Success,” by Sarah Messing; oration, "Our Huns and Vandals,” Claude G. Bowers: essay, “The Hoosier Poet," Martha S. Allerdiee. An organ solo followed and the exercises were Concluded by the presentation of diplomas?by Henry Russe, president of the Board of School Commlsioners. THE COUNTY^COMMITTEE. Republican OrKiinisntlon to Meet Tliin Afternoon. The Republican county committee will meet in the Criminal Court room at 2 o’clock this afternoon and reorganize for the campaign of 1898, The members of the committee were elected at primaries held last Saturday. Eugene Saulcy will probably tie elected chairman without opposition. There were several contests reported from precincts last Saturday, and the committee this afternoon will have a credentials committee selected to determine the merits ot the cases to be presented. Hiram B. Howland has been mentioned for the vice chairmanship and, so far as known, there is no opposition to him. He is from the country and it has been customary in years past where the chairman lives in the city, to go outside for the vice chairman. Robert Bryson, whose friends were pushing him for the secretaryship, announced yesterday that it would be Impossible for him to accept the position on account of his business affairs. Charles Elliott is a candidate for the secretaryship. The primaries to select delegates to the Seventh district convention will be held Monday. DEATHS FROM CONSUMPTION. They Equal 14 Per Cent, of the Total in Indiana. The State Board of Health has made some calculations in regard to consumption which show that 14 per cent, of all the deaths in the State arc due to this disease. The mortality from the same cause in the poor farms and benevolent institutions is much greater, being 30 per cent, out of all the deaths in these institutions. These figures lead the board to infer that there Is some connection between pauperism, imbecility and insanity and tuberculosis. — Prof. Clark'.* lari Lecture. Prof. S. H. Clark delivered the last of his series of lectures on 'Art in Poetry” last night, at the First Baptist Church. As a reading of “King Lear” it was excellent, but it was appreciated by the audience principally as an elocutionary effort. Prof. Clark spoke of the twin plots in the story, showing how each affected the other and made the other compu te. The next subject to be considered In the University Extension course is “Recent German History,” by Hugh Th. Miller, of Butler College. This eburse will consist of six lectures, to be delivered on Friday nights. The first will be on next Friday night. Annoying Little Girin. Patrolman Helm was notified yesterday that a man was In the habit of lying in wait for school children near Waverly avenue and scaring them. He had been known to attempt to catch little girls, but they had always succeeded In escaping by running. The patrolman obtained a description of the fellow, and a number of citizens are keeping a lookout for him. South-Side Gospel Meeting*. Special gospel meetings will be held In the Seventh Presbyterian Church nejxt week. The pastor, Rev. R. V. Hunter, will be assisted from Thursday evening on by Mr. Harry Maxwell, evangelist. Mr. Maxwell is a singer, and will have charge of a chorus choir during thq meetings. There will be services each evening except on Saturday. Removal sale of Schrader’s china store. Big bargains offered In everything.

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