Indianapolis Journal, Volume 48, Number 36, Indianapolis, Marion County, 5 February 1898 — Page 3

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AMUSEMENTS. A SncceNMlal Authoress. Madeleine Lucette Ryley, the author of “Hie Mysterious Mr. pugle," which will be given at English’s on Friday ahd Saturday, with Joseph Holland and the same excellent cast as seen earlier in the season, is certainly the busiest of all the dramatists in America just now. She has three financial successes now on tour—“Mr. Bugle,” “A Coat of Many Colors” and “An American Citizen.” The last-named play has earned har the most money, chiefly because it is played by Mr. Nat Goodwin, who has a large personal following. Within fifty weeks’ time it has played to over $350,000 gross receipts, from which Mrs. Ryley gets her royalty. She is now engaged in turning “The Citizen” into a novel for a firm of publishers in New York. Besides this, she has accepted a contract to write anew play for Roland Reed, another new play for Charles Frohman, and also to write a comic opera for another prominent, manager. She sails for England lit a few weeks to stage “The Mysterious Mr. Bugle” at thfe Comedy Theater, London. Otis Skinner on the Drama. WASHINGTON, Feb. 4.—Otis Skinner, who la playing an engagement at the National Theater in this city, addressed the pupils and invited guests of the Washington High School to-day on the characters of Shakspeare from tho standpoint of the actor. Among the statements he mado on traditional stage representation was that the time has gone by for stilted and unnaturul performances of the standard characters; that the only hope for a continuance of the popularity of Shakspeare's plays lay in treating the characters as strictly modern. up-to-date people. He said that the young growing up to-day in our schools have It in their power to become the patrons of the best forms of dramatic art and to discountenance many of the samples of debauched plays such as have recently disgraced the American theater. Mary Moore to Wed. IjONDON, Feb. 4.—Tho betrothal will soon be announced of Miss Mary Moore, leading lady of Mr. Charles Wyndham's theater company, and Mr. Alfred Beit, the South African millionaire. Miss Mary Moore is the third and youngest daughter of the late Charles Moore, parliamentary agent, and widow r of the late James Alberry. the dramatist. She has been the leading actress ft the Criterion Theater for a number of years. Mr. Beit has long been a prominent figure at the Cape and has been closely associated with Cecil Rhodes in the latter’s political and financial undertakings, Noie* id Hie Stage. Irvin Brothers, biiriesquers, close a successful week atf the Empire to-day. Rice and Barton next week. John Barleycorn Sullivan Is advertised to make two more appearances at the Park to-d Fred Rider’s '“Moulin Rouge ’ comes next week De Wolf Hopper says he is going to London with “El Capttan” next season if he can get a strong attraction to fill his dates now made In this country. Charlotte Behrens (.Mrs. Robert Mantel!), the actress, who w as reported to be dying of peritonitis at Port Huron, Mich., last week, is getting better, and there is every hope of her recovery. James K. Hackett will star next season in “The Tree of Knowledge,” when Daniel Frohman puts the play on the road. Hackett is rapidly recovering from his illness. Della Fox and Hugh Chllvers are announced in the Detroit papers to bo engaged. Chilvcrs was leading tenor in “The Little Trooper” company when it was given here the last time. (’hilvers's real name Is T\ G. Childers, and ho comes from Detroit’s “K*>.” Miss Fox has done nothing for some time without consulting Mr. Chilvcrs. THE HERRON BEQUEST. Mr- Stanton Will Tnrn Over s;i#,(K(fl to Art Association. ”1 expect to turn this bequest over to the Art Association this spring,” sahl A. P. Stanton, executor of tho will of the late John Herron, yesterday. “I now have in my possession about SIOO,OOO of notes and cash, and about $70,000 worth of real estate not disposed of. Tho Art Association has agreed by resolution to accept this real estate as part of th© bequest, which will relieve me of the responsibility of selling it. The real estate consists of houses and vacant lots in this city and two farms, worth $12,000. situated in Franklin and Delaware counties. I have assured the members of the Art Association that they receive In excess or S2>X,OOO. “Now as to the disposition of this bequest after it comes into the possession of the as-

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sociation. I can only speak for one member, but my plan la not to Invest this money in a great building and then have nothing with which to buy pictures. What I want to do and what I have proposed to the association is to sell a sufficient number of life memberships, which, with the amount that could be raised by popular subscription, would be sufficient to erect a building. My opinion is we could readily raise SIOO,OOO in this way. then if we could get the State to donate the land north of the Institute for the Blind or the city to let us have ground inside some of the parks, the association could put up its building and flourish. I am satisfied there are hundreds of men over the State who would take life memberships in the association at SIOO each. I would be in favor of patronizing American artists as far as possible. I would not be in favor of buying expensive pictures. I want to get this matter off my hands as soon as possible, and I expect to place the bequest where it belongs as early as I can this spring.” PERSONAL AND SOCIETY. Miss Pearl Haynes will go to Richmond to-day to visit friends. Mrs. George G. Tanner will entertain Tuesday with a luncheon. Mrs. A. M. Robertson returned yesterday from a visit to Mrs. Fenton and family in Chicago. Mrs. Wm. B. Mills is visiting her daughter, Mrs. Oscar L. Watkins, at the Blachernc. Miss Myia Coburn will go to St. Louis today to visit her sister, Mrs. W. B. Allen, and family. Mrs. Charles Busby will go to Lebanon next week to attend a party to be given by Mrs. Charles Zion. Miss Gilbert, who is visiting Mrs. L. G. Millard and family, will return to her home in Utica, N. Y., Monday. Mr. Thomas H. Darby, of Cincinnati, is the guest of his sister, Miss Laura C. Darby, on North Delaware street. Mrs. M. S. Huey and Miss Huey have issued invitations for a dance at the Woodruff clubhouse Thursday evening. Mr. Charles Mins hall, of Terre Haute, is here to spend a short time with Mr. Chapman Williams at the Bates House. Mrs. Nellie Scott will go to Europe and spend tho early summer with relatives in Scotland, and later she will go to Paris. Mrs. Russel Seeds will entertain at cards Wednesday for her sister, Mrs. O’Kane, of Chicago, and Miss Bessie Black, of Springfield, O. Mr. and Mrs. Edson T. Wood entertained a few friends at dinner last evening for Miss Lura Bryner, of Peoria, 111., Mrs. Dunn’s guest. The Misses Atkins gave an informal musicale last evening, and a number of Mr. Preston’s pupils sang. Mr. Preston also contributed several solos. The Chapel Club Association will give a children’s Valentine party Saturday afternoon, Feb. 12. at the home of Mrs. A. M. Sw'eeny, on North. Illinois street. Miss Anna Dold. of Madison, is the guest of Mrs. John Clinton Wood at Woodruff Place Miss May Wood. off Chicago, will come Tuesday to visit Mrs. Wood. Invitations have been issued by Mr. and Mrs. G. W. Nash for the marriage of their daughter Daisy and Mr. T. I*. Settle, of Clarksville, Tenn., to take place Feb. 16. Miss Edith Castle will sing a solo at the First Buptist Church Sunday morning. Miss Castle has been studying in Boston. She will give a recital in Lafayette Feb. 11. There will be a called meeting of tho Colonial Dames soon at the home of Mrs. F. G. Darlington, when the historian. Mrs. Milburn, will read the greetings from similar societies elsewhere. Mrs. Bement Lyman will receive informally Thursday afternoon and. evening for her guests, Mrs. Taylor and Mrs. Stillwell, and Mrs. Eugene Baum, of Lafayette. There are no invitations. Mr. and Mrs. Charles C. Coffin entertained a few friends at dinner last night in honor of Mr. and Mrs. William E. O'Kane, of Chicago, who are the guests of Mr. and Mrs. Seeds, in Woodruff Place. A club of children, working in the interest of charity, will give a valentine sale and a dance this afternoon, from 2 to 6 o’clock, at the Brenneke Academy. The proceeds will be given to the Katherine Home. The Indianapolis Maennerchor has issued invitations for its annual masquerade Friday, Feb. 18, at its hall. Admission will be restricted to those in fancy costume or domino, except persons over fifty years of age, who will be admitted if wearing the regulation carnival cap. The grand march will be at 9 o'clock.

Mrs. R. O. Hawkins gave a luncheon yesterday for her guest. Miss Olivia Hapgood, of Cleveland. 0.. and a number of friends Who have resided in Ohio. Tho guests included Mrs. K. R. Butler, Mrs. G. M. Hawkins, Mrs. C. A. Wilson, Mrs. E. .T. Foster, Mrs. F. R. K. Somers, Mrs. J. W. Bradshaw and Mrs. M. E. Crowell. The Woman’s Missionary Society of tho Second Presbyterian Church will meet on Wednesday afternoon at 2:30 in the lecture room. Mrs. A. M. Robertson will read a Eaper on “Enthusiasts in Religion.” Miss •awwood, of Damascus, Syria, will speak of her education in the mission school. Mrs. Courtlandt. Van Camp. Mrs. Morris Defrees and Mrs. Ernest Keith will entertain during the social hour. Mrs. F. G. Darlington entertained about fifty young ladies yesterday afternoon at domino whist. There were five tables, with nine players at. each tabic, and three prizes were given at each table. There was no progression. The handsome rooms were adorned with rare vases filled with pink roses. Among the guests were Miss Gilbert. of Utica: Miss Swayze, of Taunton, Mass., and Miss Parks, of Martinsville. Mrs. John R. Pearson and Mrs. Horace K. Smith yesterday gave a card party of twenty-four tables at their home on North Pennsylvania street. The spacious rooms were adorned with carnations and roses. The ladies were assisted by Mrs. George A. Dickson. Mrs. William Dickson and Mrs. John T. Dickson in entertaining. There were six prizes presented. Among the players were Mrs. Claude Matthews and Miss Matthews, of Clinton; Mrs. Kettenbach, Miss Stone, of New York: Mrs. Sohngen, of Hamilton, 0.. and Miss Nelda Dickson. of Anderson; Miss Courtney and Miss Fox, of Virginia. A Japanese tea was given yesterday afternoon at the home of Mrs. F. C. Gardner, on Broadway. The hostesses were the members of the King’s Daughters and the Dorcas Aid Society. Tho rooms were decorated with Japanese umbrellas, fans, lanterns and dolls. A huge umbrella fringed with lanterns canopied the tea table, with its Oriental ware, and another shielded the lee tabic. The guests were received by Mrs. Gardner, president, Miss Elma Woollen, secretary, and Miss Laura Huey, treasurer of the Dorcas, and by Mrs. Herbert Wood, president, Miss Hettio Adams, secretary and treasurer of the King s Daughters. Miss Juliette Bryan and Mrs. Wilmer Christian presided at the tea table. Mrs. E. E. Perry, Mrs. Frank Wood and Mrs. R. J. Eads at the Ice tabourets and Mrs. Lew Cooper, Miss Folsom and Miss Lulu Hereth at the candy table. The assisting ladies were Mrs. R. R. Bennett, Miss Ruby Rees, Miss Helen Conner, Mrs. George Chandler, Misses Mary and Hazel Davis. Miss Martha Drapier. Miss Lois Dyer, Miss Nina Bond, Miss Nellie Wiles, Miss Julia Walk, Mrs. H. W. Mansfield, Miss lone Scholl, Miss Alma Routh, Miss Helen Seaton. Miss Nellie Richards, Miss Elizabeth Cooper, Miss Mary Dresser. Miss Edna Williams and Miss Gertrude Droege. The proceeds of the tea were for the Door of Hope. BALLARD—OWEN. Special to the Indianapolis Journal. WORTHINGTON, lnd., Feb. 4.—Mr. John J. Bullard and Miss Florence Owen, daughter of Mr. and Mrs. 11. B. Owen. w r ere married yesterday evening at the home of the bride. Rev. J. U. Jessup, pastor of the Christian Church at Vincennes, officiated. Mr. and Mrs. Ballard left Immediately after the ceremony for southern Georgia to spend the remainder of the winter. They will be at home to their friends after April 1. MURPHY—BROWN. Special to the Indianapolis Journal. WEST BADEN, lnd.. Feb. 4.—This community was much surprised by the secret marriage of A. W. Murphy and Miss NtlHe Brown, Mr. Murphy was a former resident of Greencastle and is manager of tho Western Union telegraph office here. Miss Brown is an accomplished young woman and formerly resided ut Mitchell. JUDGE NEVMN TOWN. Ill* Trip Not In fielittion to It i ploy County Cumcm. Judge Willard New, of North Vernon, whose circuit includes Ripley county, is at the Grand Hotel. The judge says that the grand jury meets ut Versailles Monday. His visit to the city has no connection with any proposed prosecutions against the lynchers. Rev. Mr. .lone* Identities Hi* tVatrh. It la thought that John Brown, the negro sentenced to the Indiana Reformatory Thursday, Is guilty of several Irvington burglaries. Rev. Lawrence Jones, of Irvington, identified a watch found among the stolen goods turned up by Brown, Men and medicines are judged by what they do. The great cures by Hood’s Sarsaparilla give it a good name everywhere.

THE INDIANAPOLIS JOURNAL, SATURDAY, FEBRUARY 5, 1898.

EVEN TO POCKET MONEY LA FOLLETTK’S CREDITOR XVANTED EVERYTHING THE INDIAXIAX HAD. ♦ Examination in Superior Court Yesterday of the Promoter** Affair* —Fifteen Dollar* in Cnsli. In the proceedings supplemental to execution, brought by James B. Dill, of New York, on a claim of $3,886 against Harvey M. La Follettc, formerly state superintendent of public instruction, an investigation was had yesterday in the Superior Court for the purpose of ascertaining what property, if any. the defendant has that can be levied on. La Foliette was arrested a week ago and placed under bond to appear before Judge Harvey, of the Superior Court. The suit was brought by Attorney Charles Martindale, representing the New York claim. La Foliette testified that his vocation is that of a civil engineer and that his home is at Lebanon, lnd. He stated he was connected with the Cumberland Coal and Iron Company, of Tennessee. The question was raised as to whether the property La Foliette might have in the way of stock in the Tennessee company could be properly subjected to Investigation in these proceedings. Judge Harvey held with Attorney Harlan, who represented La Foliette, that the Tennessee possessions of the defendant were out of the jurisdiction of this court. Being asked as to his Marion county property La Foliette said he owned real estate at Brightwood and in the neighborhood of Newman and Seventeenth streets. The property, he said, was worth $5,000, but it is incumbered by mortgages held by the Fidelity Building and Savings Association. La Foliette was formerly connected with the association in an official capacity. There is $6,000 due on these mortgages. In addition there is a $12,000 mortgage in which this property with other real estate is included as securities. La Foliette admitted he owned $5,000 worth of stock in the State Bank of Indiana. This, he said, is pledged to secure a note held by a Tennessee bank. His equity in the stock, he thought, is worth about $250. Judge Harvey held this could be levied on. During the examination yesterday Attorney Martindale demanded to know* of the witness how much money he had on his person. La Foliette replied that ho thought he had about SIS iu cash. “Produce it and we’il see.” demanded the attorney. There was an objection to this, but the court overruled it La Foliette brought out his wallet and counted sls. Attorney Martindale asked that this money be applied on his claim. The court said he would pass on this phase of the question this morning. An order was issued giving Attorney Martindale the right to seize the $5,000 of bank stock, subject to the claim of the Tennessee bank, which is prior to the New York claim. Attorney Harlan pledged his word that there would he no attempt to transfer the stock and the matter will be fixed up this morning. OKLAHOMA’S KEEPER RELEASED. He Served I.e** Hunt Half Hi* Time in the Workhouse. John Gassaway, who conducted the “Oklahoma” resort, and who pleaded guilty to the charge of violating the liquor laws and was sent to jail, has been released by Judge McCray. H© was sentenced for thirty days, but with the costs, in the event of a failure to pay them, he w r ould have remained in jail about fifty days. He served sixteen days of his time. Judge McCray released Gassaway at the request of a number of people who said his family was in a pitiful state of poverty. It was represented that the man’s wife and children are suffering for the. ordinary necessities of life. He was let go on his promise to not engage in the liquor business again.

CASES FOUR YEARS OLD. Neither XVilne**e* Nor Defendant* Could Hemember Circumstance*. Three indictments, charging violations of the liquor laws, have been pending for four years against James Duffy. The cases were called yesterday in the Criminal Court, but the state found itself unable to prosecute on account of the claims of witnesses that they had forgotten the specific character of the violations. Duffy claimed he did not know before that there were indictments against him. On motion of the state the cases were nollied. Were Piny mute* in Poland. Rosa Cybulska has sued Paul Cybulska for divorce in the Superior Court. The plaintiff lives at 421 West Maryland street. The husband is a Pennsylvania coal miner, and is at present living near Kingston, that State. Cybulska and his wife were playmates together in Poland. They became sweethearts and their parents removed to America about the same time. In April, 1893, Cybulska and the girl were married at Wilkesbarre, Pa., and lived together until June S, 1894, when they separated. The plaintiff avers she fled from Wilkesbarre to escape the wrath of her husband. She says he was cruel to her "almost from the first day of their married life. He brutally cursed her and often whipped her. She avers that in .three days alter her child was born he whipped her and threatened to kill her. Fearing he would carry out his threat, she left her home and with her child came to Indianapolis. She says she has been here since July. 1894, and has been earning her living ar? a domestic. Her husband. she charges, failed to provide for her while she lived with him. and she was compelled lo keep boarders for their support. Mary Debolt complains of Michael Debolt and asks a divorce on the grounds of abandonment. She says they were married in 1882 and the defendant deserted her in 1891. Right Kind of XVater Wasn’t T *ed. Judge Baker, of the United States Court for the district of Indiana, yesterday made a ruling striking out the counter claim of tlie Indianapolis Gas Company in the suit against it by John R. Worthington. Worthington sued for $4,000 balance due for machinery placed In the pumping station, near Noblesville. The company set up a counter claim for that amount on account of damages done to the boilers and machinery by the water used. The court held that it was the company’s fault if it used water not suitable for the machinery, and declined to accept the counter claim. The ease will now be heard on the nnrits of the bill of complaint. Abbey (into Uj, Again. The Mount Jackson roadhouse ease was up again yesterday in Room 2, Superior Court. A few days ago the Supreme Court sustained Judge Harvey in his injunction against the “Abbey.” Now the court is asked to punish Christian Wishtfteyer. owner of the property, for contempt, in failing to obey the order of the court when the injunction was issued. ’Hie defendant avers he made an effort to conform to the court’s ruling, and denies that he violated the order. Judge Harvey took the case under advisement. Against the Money Lender. James D. Williams, a colored man, who brought an action in the Superior Court against Robert R. Bennett, a money-lender, gained his suit. The case was tried by jury in Room 1, and damages in the sum of $250 assessed. Williams gave a mortgage on household furniture to secure si loan of S2O for six months. He gave his note for S3O. At the end of fifteen months he had paid but $7.50, and Bennett entered his house and removed his furniture. Damages for trespass were asked. Police Court Docket. Petty Larceny— Leslie Miller, fifteen years old, judgment withheld. Loitering—Ella A chillis, judgment withheld: Richard Logan and William Morgan, discharged. Assault and Battery—J. S. Mullens, fined sl9 and committed to workhouse, Wash Clay, fined sls, stayed. Obtaining Money by False Pretenses—C. A. Frederick, examination had. Drunk—John Geringer, fined $6, paid. JmlM'iueut in Hoffhauer Case. In the suit of Nicholas Hoffbauer against the Citizens’ Street-railroad Company, Judge Carter, of the Superior Court, yesterday overruled a motion for anew trial and

entered judgment In favor of the plaintiff. Iloffbauer sued the street-railroad company for damages on account of personal injuries. The jury returped a verdict for $2,650. Uellevue Caw* Decision Monday. On Monday Judge Carter, of Room 3, Superior Court, will give a decision in the suit of Henry Leonard against Charles Truemper, proprietor of the Bellevue roadhouse. The suit was brought to enjoin Truemper from running the resort as a saloon. ♦— THE COURT RECORD. Supreme Court. 18305. Richards vs. Reeves. Sullivan C. C. Reversed. Howard. C. J.-l. Where a grantor accepts a deed to real estate upon the condition that he is to pay certain parties money upon arriving at the age of twenty-one years, in an action to enforce such condition as a lien against such real estate a demand is not necessary before the bringing of the suit. 2. In the case of minors no formal acceptance of a gift is required in order to make it binding; the law implies an acceptance even though the infant is ignorant of the gift. 3. Equity will set aside a voluntary gift when it is made to appear that the donor did not intend to make it irrevocable, or where the settlement would be unreasonable or improvident for lack of a provision for revocation. 4. The law will grant relief from a mistake or fraud where the proof Is clear and convincing. 18281. Dunn vs. Dunn. Newton C. C. Affirmed. Monks, J.—Where the complaint and the evidence in support thereof are not in the record all presumptions are in favor of the ruling of the trial court in admitting testimony. IS2IO. Willard vs. Albertson. Lawrence C. C. Transferred to Appellate Court. McCabe, J.—Upon the authority of Lewis vs. Albertson, No. 18211, decided at this term of court, this cause is transferred to the Appellate Court. 18175. Chapman vs. Jones. Tipton C. C. Petition for rehearing overruled. McCabe, J.—l. A supplemental complaint is not an amendment to the complaint, but its office is to bring forward a matter proper to be litigated along with the matter contained in the original complaint that has occurred since the commencement of the action, and it assumes that the original complaint is to stand as it originally stood. 2. If there are facts existing at the time the original complaint is filed, whic h if properly pleaded will make such original complaint sufficient to withstand a demurrer for want of facts: hut if they are not pleaded they can only be brought into the case by an amended complaint and never by a supplemental complaint. Appellate Court. 2289. Sheridan Gas Company vs. Pearson. Hamilton C. C. Affirmed. Comstock. J.— Where real estate is held by entireties the husband alone may sue to recover damages to a building thereon occupied by him. 2360. Hyatt vs. Bonham. Daviess C. C. Affirmed. Black, J.—l. The statement of a claim filed against a decedent’s estate nedd not be in any particular form; it is sufficient if it apprises the administrator or executor of the nature of the claim, the amount demanded and shows enough to bar another action for the same defnand. 2. Where the promise is mado to pay the debt of another and the original debtor is discharged the statute of frauds does not apply. 2397. Combs vs. Bays. Greene C. C. Affirmed. Wiley, J.-d. The execution of one note will not pay and satisfy another unJess the new' note is commercial paper, unless it he so expressly stipulated between the parties. 2. In aji action for replevin the complaint must be that a demand has been made prior to the bringing of the suit. 2190. Capital City Dairy Company vs. Plummer. Marion S. C. Certiorari granted. 2449. Citizens’ Street-railroad Company vs. Trust Company. Putnam C. C. Appellants file motion to reinstate appeal. Superior Court. Room I—John L. McMaster, Judge. James B. Cook \s. Indianapolis Medical and Surgical Institute et al.: appealed. Dismissed by agreermnt at plaintiff’s cost. James D. Williams vs. Robert. R. Bennett; damages. Jury returned verdict against defendant for $250. Aaron Nutt vs. Elw-ood McCann et al.; to foreclose chattel mortgage. Dismissed and costs paid. Pearl Dean Bennett vs. Clark H. Bennett. Plaintiff dismissed complaint. Judgment against plaintiff for costs. Room 2—Lawson M. Harvey, Judge. Jacob Arnold vs. Moses K. Fatout; account. Dismissed and costs paid. Marcus flpiegle vs. August C. Smith; account. Judgment against defendant for $425.64 and costs. Charles H. Vorhees vs. Indianapolis Surgical and Medical Institute; contract. Dismissed at plaintiff's cost. Room 3—Vinson Carter, Judge. Eliza, J. Knight vs. Edwin A. Austin. Finding and judgment against defendant for S4OO. Nicholas Hoffbauer vs. Citizens’ Streetrailroad Company. Judgment on verdict for $2,850. Circuit Court. Henry Clay Allen, Judge. Henry W. Tutewiler vs. Samuel Han way’s estate. Allowed on appearance docket. James A. Bruce vs. Mason J. Dsgood; to quiet title. Frank K. Gavin, special judge. On trial by jury. Criminal Conrt. John F. McCray, Judge. The State of Indiana vs. Jack Gassaw'ay; selling liquor without license and on legal holidays. Defendant released from the county jail on payment of costs. New Suit* Filed. James XV. Sansbur.v vs. The Cleveland. Cincinnati, Chicago A- St. Louis Railway Company; suit to quiet title. Superior Court, Room 1. The Interstate Building, Loan and Savings Association of Indianapolis vs. Wm. A. Taylor et al.; suit to foreclose mortgage. Superior Court. Room 1. Mary Debolt vs. Michael Debolt; suit for divorce. Circuit Court. M. O’Connor & Cos. vs. Richard Smith; si.it on note. Superior Court. Room 2. The Indianapolis Brewing Company vs. John Eberhardt; suit to foreclose mortgage. Superior Court, Room 2. Rosa Cybulska vs. Paul Cybulska: suit for divorce. Superior Court. Room 3. Philmina Volz vs. Jacob Volz; suit for divorce. Superior Court, Room 1.

DEATH OF ALBERTUS SWAIN. A Sudden Takinsr Off—ln Chiireh Furniture Business. Albertos Swaini. aged sixty-two years, died very suddenly last night at the home of his daughter, Mrs. A. N. Dwyer, 1821 North Pennsylvania street. His death was due to apoplexy. He was stricken about 11:30 o'clock, while preparing to retire. He had been in excellent health, and spent yesterday looking after his business affairs. It was his intention to go to Chicago to-day on a business trip. At 11:30 o’clock he started to go to bed, and said to his wife he believed he would take a dose of quinine asi he was feeling badly. He took the quinine and laid down. XVithin a few' minutes Mrs. Swairn noticed that ho was breathing irregularly and became alarmed. Dr. Lambert was summoned, but Mr. Swulm died a few moments after the physician’s arrival. He was born at Nantucket, Mass., and camo to Indiana in 1860, locating at Richmond. There ho engaged in the lumber and contracting business until 1872, when he came to Indianapolis to reside. For eight years he was engaged in the manufacture of school and church furniture, but at the end of that period returned to Richmond. Four years ago he again moved to Indianapolis, and since then had been identified with tlie Russell Manufacturing Company. This establishment is located near the Mas-sachuaetts-avenue depot, and makes u sj>ecialty of church furnituue. Mr. Swaim was known as an active business man and a man of the highest character. He was a member of the Order of Odd Fellow's. A wife and daughter, Mrs. A. N. Dwyer, survive him. His son-in-law Is superintendent for the Nordyke-Marmon Company. The burial will occur in Richmond. STATION BLOCKS THE VIEW. Boy Killed on Big Four Track Near Augusta. James Brown, the fourteen-year-old son of David Brown, living near Augusta, was killed Thursday evening at Augusta by the Big Four train from Chicago, due here about 6 o'clock. The boywwass f driving in a spring wagon, and drove on to the track just as a freight train backed into a siding. The passenger train was a little late and running at the rate of sixty-five miles an hour. The wagon was thrown'into the air and against a telegraph pole. The horse was cut to pieces, and the boy was crushed terribly. His head was split open and his brains scattered over the distance of sixty feet. Deputy Coroner Dodds, who investigated the case yesterday, is inclined to criticise the condition of things at the Augusta crossing. He says ipq sight of the track from the roadway is impaired by the station.

PUBLIC WORK FOR 1898 A Nt MBKR OF STREET RESOLUTIONS ALREADY ADOPTED. Water AYorkn Com puny AMeaNeil, on Account of ( anal, for White niter Sewer Interceptor. The Board of Works has begun in earnest the work of public improvements for this year. A number of resolutions have already been adopted for new work, and next Monday City Engineer Jeup will submit a long list of others. A good portion of the work that will be done is already so far along that several contracts have been let. Several were awarded yesterday, as follows: For a sewer In Huron street, from Noble to Shelby street, to Hudson, Jenkins & Cos., at sl-33 a lineal foot. For a sewer in New Jersey street, from South to Merrill street, with branches, to Hudson, Jenkins & Cos., at sl.Ol. For a sewer in the alley west of Broadway, from Twentieth to Twenty-first street, to S. F. Herron, at 92 cents a lineal foot. For a drain in the alley north of Prospect street, from State avenue to Dawson street, with branches, C. S. Austin & Cos., at 85 cents a foot. For four catch basins at College avenue and Nineteenth street, to tho Capitol Paving and Construction Company, at $284, and for four catch basins at College avenue and Seventeenth street, at $269, to the same company. THE CANAL. OWNERSHIP. Water Works Company Assessed for White River Interceptor. When making up the assessment roll for the White river interceptor, William A. Hughes, chief of the Assessment Bureau, conceived, the idea that the Indianapolis Water Company ought to bear part of the cost on account of its ownership of the canal. He submitted the case to City Attorney Curtis, who looked into the ownership of the canal. He found a .case where the Supremo Court of the State had held that the water company owned the bed of the canal and the towpath in fee simple. He therefore sent Mr. Hughes a Written opinion stating that the water company should be required to bear its proportion of all street improvements just (is other abutting property owners. The assessment on account of the sewer is but $1,720.74. It lias not been paid, but there are several days before it is delinquent. The assessment on account of the sewer is not the only question involved. Under the ruling on this, the water company could be required to bear a portion of the cost of street intersections. Mr. Hughes says that since the opinion of the city attorney was obtained no streets have been improved across the canal and there has been no occasion to consider assessing it for intersections. If any east-and-west streets are improved across the canal, or rather up to and beyond it, this feature will be investigated. Quite a number of east-and-west streets—Ohio, New York, Vermont. Michigan, etc., —have been permanently improved up to the canal bridges and beyond them, in years that have gone by, but no assessments have been made against tho company. It is now too late to charge up the amounts that might have been assessed by succeeding administrations. It is believed that inasmuch as the water company claims the fee simple to the canal, if the city decided to construct bicycle paths or boulevards along its banks most of the cost could be assessed against the company, as well as the cost of repairing old and building new bridges. It. seems that this fact would make Councilman Madden’s proposition to boulevard the canal and construct a sewer in it both feasible and of little expense to the city and resident property owners.

BOARD OF WORKS ROUTINE. Final Action Taken. For a sewer in Tenth street, from Senate avepue to the second alley east. For a sewer in Twenty-third street, from Delaware to New Jersey street. For a sewer in Twenty-fourth street, from Delaware street to Central avenue. Engineer's Finns Ordered. For brick roadway on the first alley east of Meridian street, from St. Joseph street to Eleventh street. For repairing with asphalt all wings of Pennsylvania street, with cross streets from Sixteenth street north. Petitions Filed. For cement walks on the east side of Alabama street, next to the curb, from Walnut street to St. Clair street. For cement walks and lawns on Vermont street, from Belmont avenue to Lynn street. For cement walks on the east side of Arsenal avenue, from New York street to Vermont street, where not paved. Concord-Street Opening. The board decided to open and extend Concord street across the 1.. D. & W. and t., C., C. & St. L. BaHroad tracks. LYRAS STILL WINNING. Tail End ere Defeated— < lose Game t tier man House. Only two howling games wore played last night In the tournament, that between the Social Turners and German-Americans at the Independent Turner alleys being postponed to allow members to attend a concert at the Maemierchor Hall. The Lyra Casinos defeated tho Capital Citys on the Lyra alleys by thirty-one points. The game was a tie at the end of the first half, both clubs having 654 points. The Capital City team lost steadily during the first part of the last half, but made a spurt In the last frame, making a total of 156. But the gain was not enough to overcome their opponents' big lead. The score: - Lyra Casino. — Von Hake 12 9 6 17 15 21 18 9 6 8 8 17—146 Goebel 9 8 8 9 8 17 11 16 9 16 9 9—129 Gay 18 17 X 16 8 7 17 9 15 6 16 9-146 Mueller 13 7 18 15 17 7 17 8 8 9 11 s—l3u Keller 8 7 6 9 8 6 7 12 17 18 14 B—l2o Perry 9 7 17 815 9 15 16 8 21 8 7—138 Krauss 17 7 8 4 18 9 521 20 7 18 8—142 Kothe 15 8 8 16 8 7 821 8 7 7 14—127 Wynne 9 12 7 15 9 9 6 8 8 6 9 12—110 Schaf 9 18 3 19 8 14 17 6 7 17 9 7—134 Total I.^*7 —Capital City.— Tuttle 921 6 17 7 S 721 8 8 21 18—150 Sargent 18 12 7 S 8 20 8 8 8 14 13 26—150 Kahlo 3 S 8 18 16 14 9 8 7 8 7 18-124 Critchlow 8 It 8 21 8 17 7 7 7 16 9 7—127 Haveliek 15 68 18 8978669 17—117 Adams 59899 12 88879 16—108 Kegu'ln 16 18 17 7 7 5 13 7 17 5 13 B—l3l Pfeifer 12 8 9 16 8 15 12 8 7 7 6 20—128 Baumgartner .. 8 8 16 7 9 14 9 8 9 26 8 9—131 Blind 7 7 7 20 9 8 12 9 8 9 16 17—130 Total 1,290 The Old Guards were defeated by the All-Amer-icans on the German House alleys in a close game. The score was almost a tie all through the game, and not until the last man on either side came to roll was it settled which club was to be victorious. Julius Keller was last man for the Old Guards and W. J. Brown for the AllAmericans. Keller rolled eighteen, and when lie had rolled his last ball Brown had just cleared the alley on his side with his second ball, making the score a tie, and his last ball yet to decide it. The only chance the Old Guards had then wa* for that last ball to roll off the alley, but it did not do it. It made a king stroke, making a score of twenty-one for Brown and giving the AllAmericans the game by twelve pins. The score: —All-Americans.— Wiley '....12 19 9 7 8 16 9 28 12 9 13 B—lso A. V. 8r0wn.... 998 18 8 10 86957 16—113 Wheelock 7 17 9 13 24 11 7 9 7 9 18 1 3—144 Hibben 8 7 16 6 8 5 7 6 7 9 S 8—95 Wiles 12 78 16 19 998956 9—117 Hulllvan 8 T 13 8 9 17 815 7 8 8 9—117 Krag 7 7 7 8 17 8 6 9 21 21 17 9—137 Walcott 22 6 7 17 13 16 IS 21 9 12 7 16—164 McDaniel 9 9 7 23 18 24 18 12 8 1 7 18 18—181 W. J. Brown... 9 15 9 S 16 7 9 9 6 11 17 21—140 Total 1,358 —Old Guards.—< J, Becker 9 12 6 6 8 921 8 8 9 7 17—120 W, Stuinpf 7 7 99 12 867789 796 Jos. Keller 9 9 9 11 5 17 t! 8 13 9 9 B—ll3 C. Becker 9 7 8 7 16 9 9 18 8 21 16 8—136 J. Karman 15 9 17 20 7 17 6 8 9 16 7 24—155 Blind 14 8 18 6 16 16 7 4 18 13 15 16—151 J. Woo her 17 9 16 9 9 9 15 17 18 17 7 9—102 F. Bachman 7 9 8 7 8 5 12 16 9 17 13 6—117 E. Martin 9 16 6 14 8 15 4 20 7 13 16 14—142 Jul. Ke11er...... 9 27 S 6 9 8 18 16 9 16 18 18—164 Total 1.346 Hunting: fur h Kentucky Murderer. W. E. Young, sheriff of Metcalf county, Kentucky, was in the city yesterday looking for Charles Peeden, who is charged with the murder of Mr. Sherley, whom he met

\ - Doctors, Lawyers and Bankers all agree .... that the new Dragoon Plug represents the highest and best development in Plug Tobacco manufactured up to the present date. DRAGOON PLUG There is no finer stock made or grown than is used in Dragoon Plug. It is made from carefully selected leaf, wrapped with the choicest of old Virginia wrappers, carefully flavored, and in every respect a marked improvement over any brand ever before placed on the market. There is no other brand, no matter what the selling price is, that is better in quality than Dragoon Plug. n

FAIRY SOAP PURE—WHITE—FLOATING. Nothing enters intq the manufacture of Fairy Soap but the purest and best materials known to the soapmaker’s art and that money can buy. The Soap of the Century Sold everywhere in one quality and three convenient sizes, for the toilet, bath and laundry. Made only by THE N. K. FAiRBANK COMPANY, Chicago. St. Louis. New Yorf

COPY OF STATEMENT OF THE CONDITION OF’ 'THE , . ‘ /Etna Life Insurance Comp’y On the 31st day of December, 1K97. , It is located at No. 218 Main street, Hartford, Conn. The amount of im capital is $1,750,000.00 Tile amount of ita capital paid up is 1,750,000.00 THE ASSETS OF THE COMPANY ARE AS FOI.I.OWS: Cash on hand and in banks $4,843,340.16 Heal estate, unincumbered •' 011*681.00 Bonds owned by tho company, bearing interest at the rate of — per cent., as per schedule filed, market value t 3,074,717.89 Loans on bond and mortgage, being first lien on unincumbered teal estate, worth double the amount loaned . -1,642,8fr6.fi" Debts otherwise secured * 1,037,3856.40 Debts for premiums 423,416 77 All other securities 3,130,636.25 Total assets 417,,>34,3*17.11 LIABILITIES. Loss's and matured endowments unadjusted, losses and endowments in suspense, waiting for further proof EM,OSS„‘>6 All other claims against, the company.: 664,403.41 Amount necessary to reinsure outstanding risks 39.754.621.6i Total liabilities 740,637,093.41 The greatest amount at risk on one life, 135,001. Htate of Indiana, Ofllce of Auditor of State. I. the undersigned. Auditor of State of the State of Indiana, hereby certify that the above is a correct copy of tho statement of the condition of the above mentioned company on tho 31st. day of December, 1897, as shown by tho original statement, and that the said original statement is now on file in this office. In testimony whereof. 1 hereunto subscribe my name and affix my official [SEAL.] seal, this 31st day of January, 1898. A. C. DAILY, Auditor ol State.

DEANB^OS^TEAMPUMPWO^KS.

on a country road and shot in tho neck. The sheriff was unable to locate the man, but believes now that he is in Alexandria, to which town he went last night. Governor Will Get New Carpet. Tho executive chamber in the statehouse is undergoing a thorough overhauling. The carpets and furnishings of the room have been undisturbed for thirteen years and were becoming discreditable to the State. Not only will anew carpet he laid, but the walls will be frescoed and a frieze placed around the room, it will be two weeks before the rooms will be ready for use. Workhouse Guard Earp Dismissed. The County .Commissioners have dismissed Henry Earp, a tvorkhouse guard, from the service of the county. Earp had a tight with another guard and both were suspended pending an investigation. Albert Kerr, a former employe of the institution, will take Earp’s place. The Old Dress. What shall we do with the poor old dress, Fit to be cast aside Long ere out of 111 o’ s storm and stress Its busy owner died? Not wortli remaking, and room Is scarce, And to leave It hung in Us place Means sudden pangs of a scarce-healed woe And a lost beloved lace. Vet that dress was shabby that dose beside Another of silk might hang. And It brushed Its neighbor nestling there With never a grudging pang. For the heart that beat In the shabby gmvn Loved the heart in the silken dress. And left it a lesson of life-long love And patient unselfishness. O silent witness of mother-love TUI the warm heart fell asleep! Good enough for the mother's wear,— Thin good enough to keep! Fold it away with reverent hand* And quiet and loving tears. Then pray for the heart tn the silken dress Through the motherless coming years! —Harper's Bazar.

POTTER’S Witch Hazel Jelly Nothing like It to soothe and heal. "5-eent compressible tubes at druggists. .^■.pppsi S. A. FLETCHER flTcO/S SAFE DEPOSIT VAULT, 30 Knnl \\ iialiinigton St. Absolute safety against tire and burglar, l’o. licenian day and night on guard. Designed tot of Money, Bonds, Wilis, Deeds, Abet ri. Silver Plate, Jewels and valuable Trunks, Packages, etc. Contains 2,100 boxes. Went 1(15 to |45 jut year. JOHN S. T Alt KINGTON Manager. PHYSICIANS. DR. J. A.SUTCIIfFE, SI'RGEON. OFFICII—96 East Mai ket street, ltours—6 to 10 a. m.; 2 to 3 p. m.; Sundays excepted. Telephone, 341 DH, C. I. FLETCIIICW, HESIDFNCE—SB6 North Pennsylvania street. OFFICF.---363 South Meridian street. Office Hour* —3 to lo a. m.; 2 to 4 p. m.; 7 to i p. m. Telephones—Office. 307; residence, 427, Dr. W. B. Fletcher’s SANATORIUM, Mental anil Nervous Ulseuses. 124 NORTH ALABAMA ST. DR. HAKAII HTOCKTON, 227 WORTH DELAWARE STREET. Office Hours: 9 to 11 a. m : 2 to 4 p. m. Tel. 1436. Sunday Journal, by Mail, $2 Per Year.

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