Indianapolis Journal, Volume 48, Number 183, Indianapolis, Marion County, 2 July 1898 — Page 3

....The New York Store.... ICsitnlil Is* fit? cl 1 Snil Sole Agents for Butterick Patterns OUR GREAT ' “Mill Ends Sale ” Should make to-day the greatest July Saturday in our history. “Mill ends” are just the same as regular goods, but in shorter lengths, and are here at just about half usual prices. In departments where there are no “mill ends” other goods are being sold at sale prices. Come to-day sure. Pettis Dry Goods Cos.

Smokeless and Odorless “fie® WHITE LIGHT CYCLE 01L.... Price ------ Ten Cents Hudcr's Drug Store. Wash, and Penn. St nCMTICT Dr - A. E. BUCHANAN I/Eill 1101 a-u itn BiKMiii. AMUSEMENTS. • Rlioh Quit* the Dtnge, f’EW YORK. July I.—The Journal and Advertiser prints the following: The stage has lost Mme. Rhea forever. The famous tragedienne says so Htrself in a letter which has just been received in this city. Mme. Rhea salted for I’aris about six weeks ago, and the ocean voyage developed a malady of which she had been a victim for years. Three weeks ago she w’as removed fiom the apartments of a friend tn the Grand Hotel, Paris, to her chateau at Montmorency, Franc#. Eminent physicians were summoned to her bedside, and they declared that her complaint was incurable. “My doctors impose the utmost quiet and rtst,” says Mme. Rhea in her letter, “and absolutely forbid my even thinking of playing next season. In fact, I can say that 1 will never act again ’’ Rhea was to have starred in conjunction with Louis James and Frederick Warde for three years, beginning next September. The star triumvirate will, nevertheless, he a reality, as Managers Wagenhals and Kemper late last night engaged Kathryn Kidder, of “Sans-Gene” fame, to till tne gap. Rhea was educated in a convent and began her stage career in Paris twenty-four years ago. One day when she was fifteen yearn old she attended a reception at which she met the great German actor, Fechter, who told her that she looked just like Rachel. She was so ignorant of stage lore then that she had never heard of that celebrated actress. Fechter asked her why she did not go upon the stage. She replied that she had never thought of doing so. "When she go* home that night she found that she could not get Fechter’s remark out ol' her head. The next morning the little girl of the convent was thoroughly stage struck. A w r eek later she made her debut in Paris and scored an instantaneous and sympathetic hit. She came to the United States in 1882 and has remained here ever since. Rhea’s favorite role is Ophelia. Baroness Blanc Improving. CHICAGO, July I.—Baroness Blanc, who has hem critically ill with peritonitis at the Leland Hotel for two weeks, is reported much better and hopes of her ultimate recovery are entet tained. PERSONAL AND SOCIETY. •Miss Stella Fault has gone to Cleveland to visit friends. Mr. anil ? is. William L. Elder are at present In Ye nice. Mr. Alfred F. Potts has gone to Milwaukee for a short visit. Mrs. D. F. T’iliingsley has gone to Ohio to visit several weeks: Mr. and Mrs. Henry Wetzel will arrive this morning from Europe. Mr. and Mrs. Harry D. Murphy have returned from a visit tit Chicago. Mr. and Mrs. Charles E. Hall will go to Chicago this evening to remain a week. Mrs. Kate It. limit'- is spending the summer with her father, it Tanglewood farm. Mrs. Franklin Vonnegut and children have gone to Maxlhkuckee for the summer. Mr. and Mrs. A. E. Dietrichs have gone to New York to spend a fortnight or three weeks. i Miss Edna Benton has gone to Kendallville for a visit of several weeks with friends. Frank L. Griffith. of Columbus, 0., will come to-day to.spend the'Fourth with his mother. Mr. and Mrs". John Cnford left yesterday for Oconqmowoc-. Wis.. to remain several weeks, p Miss Nina Bond, who has been visiting friends in Detroit, Toledo and Dayton, will return to-dgy. Miss Ar.qu Louise Beck will return next week from .1 visit to Mrs. Robert A. Miller et Canton, *O. Mr. and Mrs. Charles N. Williams left last evening for a two weeks’ visit at Lake Maxinkut kce. Mrs. D: K. Louthan and Mrs. Lida Myers and sort Cecil have gone to'Troy, 0., to visit relatives. Dr. H. S. Krug is entertaining his parents, from Canada, at the Surgical Institute for a few weeks. Mr. R. B. Grueile will leave Tuesday fflr Gloucester, .Mass., where he will spend the summer at his art. Miss Emma Kitzenger. who has been visiting the Misses Smith, has returned to her home at Columbus. Mrs. George L. Curtis, of Greencastle, is visiting Dr. and Mrs. J. A. Sutcliffe, 729 North Pennsylvania. Mrs. Wm. F. Clevenger has returned from a visit to her grandmother, Mrs. Zerelda Wallace, at Cataract. Mrs. G. K. Levering and son. of Lafayette. came yesterday * s o visit Mr. and Mrs. Hugh Manna and family. Mrs. Clifford Arrick and children are at home with Mr. and Mrs. W. H. H. Miller on North Delaware street. Mr. J. H. Vajen and family will go to their cottage at Lake Maxinkuckee Tuesday to remain until September. Mrs. Oscar D. Bohlen and Mrs. William F. Kurn and children will go to Mxinkuckee Tuesday, to remain aii summer. -Mrs. H. H. Hornbrook entertained a few young ladles with a poreh party yesterday morning for her visitor. Miss Hornbrook. Mrs. **• F. McCrea will lead the Y. P. S. . , nie<?t h>S to-morrow ettuiing at 6:45 o clock at the Second Presbyterian Church. Professor and Mr. Kncfler, of Louisville. wjII come to-oay to spend a week with their brother. <jen ' Freder ' ck Knefler, and famMrs. E. A. Pfluger, who has been visiting her sister. Mrs. L. H. Firey. of the Hot< 1 English, returned to her home in Akron, 0.. yesterday. ..T he Teachers’ Primary Union will meet this afternoon at 4 o'clock at the First 1 reshyterlan Church. Mrs. Porterfield will give the lesson. C ortland Van Camp has returned from v niekamauga. Mrs. and Miss Van Camp who stopped in Cincinnati to visit Miss McDermott. will come home to-day. < '? 1 ?P or - Mr. Louthan and May will go to Chlckamauga this afternoon to visit Mr. William Cooper Mrs Cooper will remain a week or more! Mrs. W. H. Cooper and Miss May Ixmthan !\ V .rr,. g P ne ’2 t l aUanooKa and Lookout Sm rA a .. n ’ an ? wlll '!!*'' Will R. O.oper, of old Battery A, at Chlekamauga Park About fifty young people accepted the lnof Misses Edith Smith. Ruth Wiif, on : * ar > P a y J - s and Katherine Ayres for Irg lr dant:e at Country Club lust evenThere will be special Fourth of Julv exercises at the Reformatory for Women A cantata will be given on the lawn at 4

o’clock and a number of visitors will be present. Mr. and Mrs. J. R. Hussay have left the Victoria and are at the Xrette for a few days, before they leave town for the country. Mrs. G. M. Bosson and Miss Daisy' Hendrix will leave Tuesday for Washington, then later will go to Philadelphia to spend six weeks with Mrs. G. C. Hopkins. Mrs. Richard L. Talbott, jr., and daughter Myra will leave Tuesday for Chicago to make a visit, and they will go to Maeatawa to spend the month of August with Mrs. F. X. Arens. Rev. Dr. Bacon, pastor of Roberts Park M. E. Church, has not left the city' on his summer vacation, as reported. He is at home, and will preach Sunday morning at his church. Mrs. D. L. Whittier, of Elmira, N. Y.. is spending a few days with Mrs. W. H. Hubbard. Mrs. George O. Griffin and family will occupy Mrs. Whittier's home, on North Pennsylvania street. 'Mrs. Carroll B. Carr will leave this afternoon for Chickamauga to spend a week with her husband, and after a few days here on her return will go to New York to study voice culture for an indefinite time. Mr. and Mrs. J. B. Griffy, Mr. and Mrs. E. R. Robbins, Mrs. J. B. Parker and Miss Alice Walters left this morning for Chickamauga to visit their hoys in Company D, One-hundred-and-fifty-eignth Regiment Mr. and Mrs. James Anderson and daughter Jessie. Mr. and Mrs. John Carroll, Miss Bessie Landis, Mr. and Mrs. Ed Morris, Miss Belle Morris. Mr. Omer Rodibaugh have returned after a two weeks’ outing at Eake Wawasee. A pleasant party of young ladies, consisting of Misses Ella, Mayme and Anna Smith, Hazel Dietz and Emma Kitzenger. of Columbus, Ind., spent yesterday' at Broad Ripple undei the ehaperonage of Mesdames Henry and William Smith. Mrs. W. W. Winslow left yesterday for Milan, 0., to spend the remainder of the summer with Mrs. Eddy, her mother. She will stop in Bellefontaine, 0., where her son Walker, who is in camp with the Boy's’ Brigade, will join her. Miss Agnes Dithmer and Miss Mary' Moore leave with Miss Ashley’s party on Monday for Washington and New York city. Miss Dithmer will go later to spend the summer with her brother in Philadelphia, and Miss Moore to Cuttingsville, Vt. Invitations have been issued by Mr. and Mrs. Joseph C. Meeteer for the marriage of Miss Martha Idell Fletcher and Mr. Franz Bellinger, of this city, to cake place July 19 at 3 o'clock at No. 201 State street, Camden. N. J. The at home announcement is No. 505 North Delaware street after Sept. 15. Two important conventions will be held in this city this fall. The State Charities and Corrections meeting will be held in October and the Prison Congress in November. Mr. C. S. Grout and Mrs. C. M. Walker and others of the committees are already making plans for the meeting. SAYERS-ENGLE. Special to the Indianapolis Journal. PORTLAND, Ind., July' I.—Mr. Colman Sayres and Miss O. Engle, wellknown residents of Dunkirk, were married at the Methodist parsonage in this city last evening at 5 o'clock, the ceremony being performed by Rev. M. A. Harlan. ANOTHER SWELTERING DAY. Continued Warm, Fuir Weather Predieted for Indianapolis. Local forecast for twenty-four hours ending 11 p. m., July 2.—Continued warm, fair weather on Saturday. General Conditions Yesterday—Low barometric pressure continues between the Rocky mo untains and the Mississippi; the area is central over Colorado and remains nearly stationary; high barometric pressure prevails in the Northwest and east of the Mississippi. The temperature fell from 10 to 22 degrees in the rear of the storm area and quite low temperature prevails in the Northwest and near Lake Superior; very warm weather continues over the greater portion of the country. Fair weather pre\aiis and local rain fell during thunderstorms only in Colorado, Nebraska. Montana, eastern Texas, in Mississippi and near Lake Superior. FORECAST FOR THREE STATES. WASHINGTON, July I.—For Indiana and Illinois—Fair, except showers and thunderstorms in northern portions; high temperature; southerly winds. For Ohio—Fair except possibly showers near the lakes; high temperature; light southerly winds. Local Ohßervations Friday. „ Bar. Ther. R. H. Wind. Wea. Prec. ia. m.. 30.14 74 57 S’west. Clear. 0.00 .p. m.. 30.06 88 39 S'west. Clear. 0.00 Maximum temperature. 93; minimum temperature, 70. Following is a comparative statement of the temperature and precipitation July l: .- , Temp. Prec. Mean s2 ftoo Departure from the normal *7 014 Departure from July 1 *7 —o'jj Departure from Jan. 1 *358 —(M3 •Plus. C. F. R. WAPPENHANS, Local Forecast Official. 1 e*terlay’n Temperatures. Stations - 7a. m. Max. 7p. m. Atlanta. Ga 74 % 88 Bismarck. N. D 50 6- ns Buffalo. N. Y 70 86 80 Calgary. N. W. T 80 78 Cairo. HI 74 92 86 Lheyenne. Wyo 52 64 go Chicago, 111 74 <2 88 Cincinnati, O 73 93 gg Concordia, Kan 72 q*> 90 Davenport, la 74 90 8* Des Moines, la 74 90 84 Galveston. Tex 73 86 84 Helena. Mont 38 54 54 Jacksonville. Fla 72 93 80 Kansas City. Mo 72 88 84 Little Rock. Ark 72 9-* c$ Marquette. Mich 54 64 5> Memphis, Tcnn 74 93 <*, Nashville, Tenn 70 94 <*, New Orleans. La 76 02 si New York 70 93 <*j North Platte. Neb ! 6S <*) -t Oklahoma. O. T 70 s c\ Omaha. Neb [74 93 Pittsburg. Pa 74 94 g 0 Qu’ Appelle. N. W. T ... 46 64 58 Rapid City. S. D 52 6 66 Salt Lake City, Utah.... 54 61 64 St. la>uis. Me 76 9> so St. Paul. Minn 62 §8 76 Springfield, 111 73 90 S( : Springfield. Mo 70 86 82 Vicksburg. Miss 73 94 Washington. D. C 70 9s 90 lneorpnra t ions. The following articles of incorporation were filed yes'erday with Secretary of State Owen: The Amerinn Chemical and Spirit Company, of Evansville, capital 1150.000, for the manufacture of charcoal from wood and the recovery of all products resulting therefrom. Incorporators. Edward and Jacob G E ‘. lw , a , rd , Ku *L Jacob G. Schmidlap and Frank Perrin. The Western Produce Company, of Indiinapods. capital $5,000, commission dealers incorporators. Frank and Lem Mummenhofr and George W. Ror.e. Reuable Pianos, cheapest, at Wulsehner’s. |

THE INDIANAFOLIS JOURNAL, SATURDAY, JULY 2, 1893.

MR. HESSLING’S BURGLAR THE MAY HE CAPTURED IX HIS HOUSE SEAT TO PRISON. * I iiinn Station Hack Cane Gets to Supreme Court—Content Over Delzell Will. * John Kama, aged thirty-five years,’pleaded guilty in the Criminal Court yesterday to burglary and grand larceny, and was sentenced to the state prison under the indeterminate law. Karns entered the house of Theophilus B. Hessling. 610 Fulton street, one Sunday evening in June last, while the family was away from home. Hessling and his wife came home before the burglar had completed his work, and they had an experience with him they will not soon forget. It was Mrs. Hessling who first discovered that someone had been through the house. She called her husband, and they observed that things were scattered about in the different rooms, Hessling went into the sitting room, and there discovered the burglar. He had taken refuge in a small wardrobe. The door hung several inches from the floor, and the intruder’s feet protruded from below. Hessling held the ooor and called to his wife to give the alarm. She ran into the yard and screamed to the nearest neighbor. While Mrs. Hessling was calling for help the burglar was threatening to shoot through the door if he was not instantly released. But Hessling was game and stuck to his position In front of the closet. When his wife came in he instructed her to bring his revolver from a drawer. She looked lor the weapon, hut found it gone. Hessling shrewdly conjectured that the burglar had taken it. and at the same time remembered tho weapon was not loaded. Then he grew bold, and dared the burglar to shoot. The latter about this time managed to get out of the closet and closed with Hessling in a fierce scuffle. The men wrestled all over the room, and finally, Hessling threw his prisoner down. When a neighbor, attracted by Mrs. Hessling s cries, ran into the house he found one man on the floor and the other holding him down. The neighbor, in his excitement, did not recognize Hessling, ana, concluding that the prostrate figure was Ms delivered a powerful blow at the other man! He succeeded in knocking out two of Hesslings teeth. The neighbor quickly realized that he had attacked the wrong man, and then took a hand in earnest. The burglar was made a captive, and held until the police tame and took him away. After the excitement had subsided the burglar stated that he could easily have killed Hessling had he desired. He gave the name of John Karns. * THE DELZELL WILL CONTEST. Argument In a Case Involving; $200,> 000 of Property. Judge Allen, of the Circuit Court, yesterday heard argument on the demurrer to the complaint of Mrs. Anna D. Hughes, who has brought suit to have the court construe the will left by her father, Samuel Delzell, who died about a year ago leaving an estate worth about $200,000. The property consists of real estate in Marion county, Kansas, and Macon, Ga. The building immediately west of the Ingalls block on Washington street is a part of the estate. The will was drawn by John Cavin in 1893. The testator left his entire estate to Anna D. Hughes, his only daughter, to be held by her during her entire life. At her death It. is to go to her children and grandchildren, or should she die childless, is to be divided between the nephews and nieces of bamuel Delzell. One of the provisions of the will prevents any of the property being sold within fifty years after the death of the testator or of being incumbered in any way. This injunction is laid on all who may become heirs to the property. At the end of fifty years the property may be sold and divided among those who are entitled to it. Mrs. Hughes in bringing suit to have the will construed! contends that she Is the absolute owner of the property and should be allowed to manage it as she thinks best. One hundred and forty-seven relatives of the late Samuel Delzell are made defendants. It is the contention of the defendants that the will is valid and should stand as left by Mr. Delzell. Judge Allen will probably not give a decision until the September term of court * ISSUE WITH SHOW ALTER. Supreme Court Reaffirms Itn Decision iu Three-Cent-Fnre Case. The Supreme Court yesterday overruled a petition for a rehearing in the case of the city of Indianapolis against John N. Navin, who was arrested for refusing to pay a 5cent fare to the conductor of a car of the Citizens’ Street-railway Company. This decision sustained the 3-cent-fare law. Judge Showalter. of the Federal Court, it will be remembered, issued an injunction in behalf of the company and restraining the prosecuting attorney from prosecuting the company for tailing to accept a 3-cent fare The decision yesterday takes issue with Judge Showalter in the following portion of the document: “We (the Indiana Supreme judges) are constrained to adhere to our original opinion that the act in question, even if local and special, is not in contravention of anv of the provisions of the Constitution of this state as contended by the appellant. As to questions arising under the Constitution of J nited St a ten. we should be constrained to follow the adjudications of the Supreme Lourt of the United States without in any wise considering whether such a construction should or should not commend itself to our independent judgment, but upon the requirements of the Constitution of the State we are not at liberty to set aside or discard our own view's, because of the fact that they do not meet with the concurrence or approbation of any other court how'ever high, or any judge however eminent.” BIRD CASE APPEAL. First Opportunity to Get a Mooted Question to Supreme Court. Judge Harvey, of the Superior Court, yesterday gave a decision in the suit of the Bird Transfer Company against the city, which will have the effect of bringing a long-mooted question before the Supreme 1 ourt for final adjudication. The company began an action to have the city enjoined from preventing the plaintiff carrying on its business in and around the Union Station Judge Harvey decided that the complaint of the transfer company is not sufficient to justify an injunction. The attorneys for the company were granted an appeal to the Supreme Court. This is the first one of these cases to he appealed to the higher court. In all the cases where tines have been assessed against the company for the alleged violation of the city ordinances the amounts have been too small to permit an appeal to the Supreme Court. It is expected the decision of the higher court, when it comes, will finally settle the question of the transfer company’s rights in the Union Station. Well* County Case Transferred. A case was yesterday transferred from ’he Wells Circuit Court to the Federal Court entitled William Carman against the Elwood Tin-plate Company and the American Tin-plate Company. Gaiman alleges that while he was employed in the factory at E wool ho was ordered to mount a six-tecn-foot scaffold. He complied and the scaffold fell, because, he claims, it was built of rotten timbers. The complaint sets out 'hat Carman’s leg was amputated and he sustains severe internal injuries as results of the fall. He asks for SIO,OOO damages. Piumeiißer Hail No Recourse. In the Appellate Court, yesterday. Judge Henley reversed the decision of the Circuit Court in the case of Eliza Zilly against the Indiana. Decatur & Western Railroad, in which the plaintiff sought to recover the value of articles taken from a trunk stored ;n the North Salem station. The court held it to he tho duty of passengers to remove their baggage from stations within a reasonable time, and in this case the trunk was left for a week, during which time robbers broke into the station and rifled it. Mount Vernon Hank Indictment*. Judge Baker, of the Federal Court, yesterday quashed certain counts of the indictments against Albert Wade and Everston W. Ros’enkrans. charged with embezzling funds of the Mount Vernon National Bank. The indictments still hold, however, by reason >f many other counts still sustained A motion to transfer the case to Evansville will be heard July 14. THE COURT RECORD. Supreme Court. 17851. Stfarms vs. Allen. Morgan C C Petition for rehearing overruled. McCabe. J.— l. When the clerk's certificate to a tran-

script shows that it is a correct copy of the records and judgment of the court in the cause as appears of record in his office, the evidence is in the record. 2. When the clerk's certificate shows that the bill of exceptions has been copied into the transcript, it is not necessary to show anything of the filing of the original longhand manuscript in the clerk's office. 18246. City of Indianapolis vs. Navin. Marion C. C. Petition for rehearing overruled per curiam.—l. In construing the Constitution of the State, this court must rely upon its own judgment as to the construction to be given. 2. The interpretation and construction of the statute of this State are questions to be finally determined by this court. 3. The construction put upon the laws and Constitution of a State by the court of last resort of such State is binding upon the Federal Courts and will be adopted by them. 18192. Watkins vs. State ex rel. Auken. Steuben C. C. Petition for rehearing overruled. Hackney. C. J.—Section 5631, R. S. 1894. applies to drains constructed in two or more counties and the apportionment and collection of the cost between the lands of the several counties. 18247. Forbes vs. Insurance Cos. Marion S. C. Affirmed. McCabe, J.— l. A beneficiary of a life insurance policy takes his interest In the contract in strict accordance with its terms. 2. The insured cannot insist upon a compliance with the terms of the policy on the part of the insurer in the absence of a compliance therewith on his own part. 18346. Byram vs. Henderson. Knox C. C. Affirmed. Monks, J.—A second or subsequent wife having no children by her husband takes a fee in his land at his death, and if he leaves children alive by a previous wife, upon her death such children inherit the land from her as her forced heirs bat if his children, immediate or remote,’ should die before such widow, then the land owned by her at her death will descend to her heirs or to whom it is devised by her, e J;, onveys her interest in the' land cbildr en of her husband die before ner their heirs have no interest in the land c °nveyed after her death. Afllr™a M °A/, re , vs ' Eur eett. Hamilton C. C. ,nirmed. Monks, J.—l. Where the Board or Commissioners has jurisdiction of aid A 0 assi3t the construction of a railr°aa it has the power to cancel the aid \ nd a y judgment rendered thereon by the board and not appealed from is final and conclusive. 2. An appeal from a Board of Commissioners vacates the decision ol the hoard but if the appeal is dismissed the decision of the board becomes effective. .’!. In order to bind a Board of Commissioners in a case appealed from it the members thereof need not be made parties. 4. Until an order of the Circuit Court upon the Board or Commissioners is entered on the records of the latter, wherein it is ordered that tax voted shall be collected, mandamus proceedings will not lie against the auditor and treasurer for the collection of the taxes, and the pleading must show that the order was entered of record or else it will he subject to demurrer. 1£609. State ex rel. Harruson vs. Menaugh. \V hitlcy c. C. Affirmed. Jordan, J.— l. The act of the Legislature of 1897 (Acts 187, P- 64) wherein the length of the tenure of the office of township trustees was extended is valid and not contrary to the Constitution. The authority placed in the General Assembly is supreme and sovereign save and except the restrictions bv the state and federal constitutions. 3. Whenever a person assails an act of the lawmaking power he must establish his charge to the exclusion of all doubts. 4. The power to fix the time at which the people may elect township officers is left within the discretion of the legislative department. 18513. Ham vs. Woodard. Monroe C. C. Petition for rehearing overruled. 17063. Hamilton vs. Love. Vigo C. C. Rehearing granted. 18073. Brunson vs. Henry. Marion S. C. Rehearing granted. 18103. Barnard vs. Shirely. Morgan C. C. Petition for rehearing overruled. Appellate Court. 2596. White vs. Shirk. Tipton C. C. Affirmed. Comstock. J.— l. it is the duty of the county sheriff to apply the money realized from a sale to satisfy a judgment upon the proper writ and for a breach of such duty he is liable on his official bond. 2 The money realized from a sale to satisfy a senior lien when in excess thereof the excess should he applied upon the payment of a junior lien. 2448. Indianapolis, Decatur & Western Railway Company vs. Zilly. Hendricks C. C. Reversed. Henley, C. J.— l. Where a passenger has notice of the rules and regulations of a railroad company, upon whose train he is traveling, regarding the manner of transporting and delivering baggage and the rules are reasonable, the passenger is bound thereby although not directly assenting thereto. 2. If baggage is not called for and removed within a reasonable time the liability of carrier ceases and the liability of warehouseman is assumed, as it is the duty of the carrier'to stdre baggage after a reasonable time and in storing it reasonable prudence is only necessary to be exercised. 3. Seven days is an unreasonable time to leave baggage without calling for it. 2465. Louisville & Nashville Railroad Company vs, Williams. Posey C. C. Affirmed. Robinson, J.—l. This court cannot weigh the evidence to ascertain whether a party is guilty of negligence. 2. In every action for damages the question for the jury to determine is whether plaintiff acted as a reasonable and prudent person would act under like circumstances. 3. Where a person stopped, looked and listened for an approaching train three different times before attempting to cross a track which was obstructed from view such action shows precaution. 4. The court cannot adjudge that negligence exists as a matter of law in any case unless the facts are undisputed and the conclusions to be drawn therefrom are indisputable. 5. Instructions must be considered as a whole. 2361. L. C. P. Company vs. Rogers, Jefferson C. C. Petition for rehearing overruled. 2498. 1.. 1., I. Railroad Company, vs. Doremeyer. Lake C. C. Petition for rehearing overruled. 2609. McConahy Estate vs. Foster. Whitley C. C. Motion to dismiss postponed until final hearing. Superior Court. Room I—John L. MeMaster, Judge. t etna Saving and Loan Association vs. John R. West et al.: foreclosure. Finding and judgment for plaintiff against John R. \Vest for $1,530.40 anil costs. Finding and judgment for Gabrial H, Slater against Rachael C. Hatt for $484.80 and costs. Judgment for Cruse against Hatt for $315.66 and costs. J. S. Cruse appointed receiver and files bond in sum of $250. Silas West vs. Flora West; divorce. Finding and decree for plaintiff at his cost. Emma Watson vs. Oliver Watson; divorce. Finding and decree for plaintiff. Room 2—Lawson M. Harvey, Judge. Eva Martin vs. Robert J. Martin: divorce. Decree granted plaintiff with custody of minor child. Defendant ordered to pay $3 a week for support of child. Ida B. Ford vs. Robert A. Ford; divorce. Decree granted plaintiff. Ida L. White vs. Benjamin Gordon; note and account. Judgment against defendant for $594.94. Anna F. McDowell vs. Charles B. McDowell: divorce. Decree granted plaintiff with custody of child. Defendant ordered to pay $2 a week for support of child. Charles H. Rosener vs. Rose M. Rosener: divorce. Decree granted defendant on cross complaint. Room 3—Vinson Carter. Judge. Charles R. Miles vs. Mary B. Pfizer; note. Motion for new trial overruled. Judgment against plaintiff for costs. Francis G. Eggleston vs. Johanna Stealding et al.: foreclosure. Dismissed by plaintiff at his costs. Isaac W. St. John vs. Norman S. Bvram et al.; checks. Finding and judgment against defendant for SSCO and costs. Marion Manufacturing Company vs. Frank R. Harding; foreclosure. Plaintiff’s motion for new trial overruled. Judgment against plaintiff for costs. Percy R. cbivauer vs John Miller et al • lien. Dismissed and costs paid. Albert Rabb. Trustee, vs. Clarissa M. Waters et al.; foreclosure. Finding and judgment against defendants Clarissa M and William M. Waters for $1,101.83 and costs. Wilhelmina Albertsmeyer vs. Citizens’ Street-railroad Company; damages. Motion for new trial overruled. Judgment against plaintiff for costs. James W. Hudson vs. Susan C. Snyder' Hen. Finding due $29.10 and costs. James W. Hudson vs. Benjamin Meyers lien. Finding due on Lot 3 $29.10. and Lot 4 $29.10. Decree of foreclosure. Mutual Home and Savings Association vs Frank P. Cooper et al.: foreclosure. Finding due $1,042.37. Decree of foreclosure. James S. Cruse appointed receiver to collect rents. Circuit Court. Henry Clay Allen, Judge. William H. Ogborn vs. John Mosher et al ; appealed from justice of the peace. Dismissed and costs paid. Simon Pink vs. jot>n Matz; on note. Dismissed and costs paid. Criminal ('ourt. Joseph B. Kealing, Special Judge. State of Indiana vs. Charles Bcone; grand larceny. Fine of $5 assessed. Imprisonment in workhouse for thirty davs. State of Inditina vs. John Karns; burglary and grand larceny. Fine $lO. Imprisonment in Indiana State Prison not less than one nor more than three years. New Suit* Filed, Francis G. Eggleston vs. Johanna Staeding et al.; foreclosure. Superior Court Room 1. I Delana De Gartian vs. Lincoln Hoover suit for damages. Superior Court. Room 1. Harvey G. Alsman vs. Minnie May \lsman; suit for divorce. Superior Court Room 3.

HOPE FOR CREEK SYSTEM UEORCiR W. STOUT OFFERS TO M AKE THE CITV A DONATION. if Other Property Owner* Come Dunn the Project Will lie Revived— Sprinkling Complaint. eGeorge W. Stout, through his attorney, Charles E. Barrett, yesterday filed with the Board of Public Works the following written offer of land, as a gift, for park purposes : “As each member of the board personally knows, I have always advocated the acquisition by the city of lands for park purposes, and, being a taxpayer in the city for many years, and being always ready to pay my just proportion of all taxes levied and assessed, and always favoring public improvements, I believe the Fall creek system, socalled. would he of more benefit to the larger portion of the city of Indianapolis than any other system of parks that could be established. In the plat and survey of the Fail creek park system, as will be seen upon an inspection of the map thereof, lands owned by me are to be taken, and damages thereof were awarded by the jurors. Now. I wish to aid in the establishment of public parks in the city of Indianapolis, and, in the event of your carrying out the plan of establishing a system of parks along Fail creek, as proposed, then I will donate and convey to you by proper deed, without charge, any of the lands owned by me and now included* in the lines of the proposed Fall creek system of parks. In making this offer I realize that, if the Fall creek system as planned is carried out. the city of Indianapolis will have one of the best park systems in the United States, and it would add largely to the value of property in this city. People would be attracted to our city, and the population would be increased from year to year as a result of having a breathing space. I think every public-spirited citizen should join in an effort to aid you in this work." The board expressed its gratitude to Mr. Stout but could take no further action. Mr. Stout’s dealings with the city officials have brought them to feel very pleasantly toward him. When the assessment rolls for the Fall creek system were made out, he told the board he did not think he w r as assessed sufficiently for the benefits he would receive from the park system. Had the most of the other property owners in that district shown enough of Mr. S'out’s spirit of liberality to make reasonable prices for their property the Fall creek system would probably be in process of making at this time instead of a forsaken project, members of the board say. Mayor Taggart was asked last night if. in his opinion, the offer of Mr. Stout would not give extra stimulus to consideration of reviving the Fall creek park system proposition. He answered it would be necessary for the property owners to greatly reduce the prices asked for land before the Fall creek system would again be thought of. He was in hope, he said, other property owners would profit by the example of Mr. Stout and Mr. Spades, who gave an East Side park, and also donate land. He thought it not improbable that this will be done by some of the Fall creek property owners. Mr. Stout’s otter is -conditional upon the creation of the whole*creek park system. His land lies between Indiana avenue and the aqueduct along Fall creek. This, the city officials point out, is just where parks would most greatly benefit the city, for their creation there would wipe out the eye-sore which the land is at present. The making of the Fall creek system would thus serve a double purpose. Mayor Taggart yesterday received the deed from Michael H. Spades and Hester A. Spades for the land along Pogue’s run from Newman street to Orchard avenue. The deed stipulates the city shall always retain the land as a park and shall assume assessments for the Pogue’s run sewer and street improvements, amounting to $1 300. The following proposals were filed with the board yesterday for the sale of land for park purposes: I ''. ro , n ? H ’ Va -J en to sell lots 368 to 380 and blocks 381 to 385, in Vajen’s South Brookside addition, for $5,000. , F X om , George F. Miller, to sell block 15, ds £" s third Edition, for the sum of $20.000, subject to the taxes for 1896 and the first half of 1897, amounting to $339.53. From the Marion Trust Company, adminlstrator to sell lot 6 in Miley’s addition, except that part conveyed to the School Board. i’lom the Marion Trust Company, exec--in r /u th , e e * tate of Antoinette Kirland, to ™ at Washington street and Elder and Miley avenues for SB,OOO. ELEVATED TRACKS. < ommeroinl Club Committee Will Talk with Mayor To-Day. The elevated railroad commission of the Commercial Club will meet with Mayor Taggart and City Engineer Jeup this morning at 11 o'clock to discuss the project of elevating the railroad tracks which cut off the South Side from the North Side. The matter will at first be but a consideration of the engineering feat involved. The plan, which is yet to be developed, is. roughly, to elevate the tracks from the river as far east, possibly, as Noble street. This matter has been especially urged since the Council passed an ordinance allowing the Cincinnati HamiUon & Dayton Railroad to lay three additional tracks across New Jersey street The movement for elevated tracks was reJ- ooaimen ded hy the unanimous vote of the directors of the Commercial Club and lta o° n C laced in hands of the elevated railroad commission. A LITTLE GIRL A SPRINKLER. The Hands Into Which a Street Contract Finally Fell. S- P. Hamilton, sprinkling contractor in Districts 9 and 10. and on Capitol avenue from Indiana avenue to Twenty-first street’ was yesterday notified by the Board of Public \\ orks that unless the work under his contract is properly done within five days his contract will be annulled. It is said ?s an £nd° Tho™ l . the A ork ,o Robert Thom' as and Thomas put his little daughter to driving the sprinkling cart. Property own-oht-,ihnoae .™ ade corr, P' ain t that the results obtained are worse than no sprinkling at Opening of Drover Street. Several residents of West Indianapolis, including Councilman McGrow, called at the office of the Board of Public Works yesterday urging the advisability of opening Drover street, from its present terminus to Washington street. The board will be asked to make the opening this summer. It is felt the road to W est Indianapolis, which the opening of Drover street would offer, is needed. It would pass under several railroad the C city Vh ° h n ° W separate the suburb from Brief Letter from fiord. William B Herd. of New York, who has been asked by the city officials to get a direct proposition from the owners of the Indianapolis Water Company for the sale of the plant, was heard from yesterdav His letter was very brief, mere!v‘stating he expected to be able to answer the request in a few days. HOARD OF PUBLIC WORKS ROUTINE. Rids Rejected. For paving with asphalt the roadway and with cement the sidewalks on Roanoke street, from Ohio street to New York street The only bidder was the Western Paving and Supply Company, whose bid using combined cement curb and gutter, was $3 59 a h w ea .L/? ot> and usin * stratified limestone curb. $3.64. Action Rescinded. For gravel roadway, cement walks, brick gutters and curbing on Sterling street, from Tenth street to Eleventh street. Papers Ordered. For gravel roadway, cement walks curbing and brick gutters on Sterling street from Tenth street to Twelfth street. Petition Filed. For a local sewer in North street, to about sixty feet west of Leon street. Referred to the city engineer for Investigation. Proposals Ordered. The city engineer reported that there was no remonstrator against gravel roadway and gravel sidewalks on Twenty-sixth street, from Senate avenue to Northwestern avenue, and the board ordered advertisement for sealed proposals. Certified Cheek Forfeited. The Capitol Paving and Construction Company failed to execute a satisfactory bond for paving with brick of Wabaah street.

from Senate avenue to Missouri street, for which it was awarded the contract, and its certified check for SIOO was forfeited. IN EXTREME SQUALOR. Alary Eaton, a Morphine Fiend. Dies of Starvation. Mary Eaton, a woman thirty-five years old. was found by sanitary officers yesterday in a room over the pawnshop at the corner of Alabama and Washington streets, and sent to the City Hospital. She died there three hours after being received, and Dr. Dodds, a deputy coroner, thought that death was the result of starvation and exhaustion. The City Dispensary physicians had called on the woman several times. She was a morphine fiend and refused medical treatment. Nothing is known of her friends or relatives. She had been living in extreme squalor. A RIP-ROARING FOURTH IF SANTIAGO IS “OCRS” THIS CITY AY ILL CELEBRATE ACCORDINGLY. Observances Set for the Day—Old Soldiers' Demonstration—At tlie Insane Hospital. 0 What Indianapolis will see in the way of a Fourth of July celebration Monday will be a revelation to the younger generation, it is asserted by those who witnessed the celebrations after the close of the civil war, when, in the North, patriotism burned with the fierce heat it dots now during the war with Spain. It is expected by Mom ay news will have been received of a great victory at Santiago, and the names of the American soldiers, both commanders and the rapk and file, will be glorified by the burning of powder in brilliant colors, and great noises. The present war has awakened the smallest children to an understanding of what patriotism and the Fourth of July really mean. The dealers in fireworks are determined to be equal to the occasion. Nearly every store of any description and size has a stock of fireworks. The show windows glow with the vari-colored wrappers of packed powder. The manufacturers of fireworks have turned out many new features in the line of “sending your money up In smoke and fire." The spirit exhibited by everyone recalls to the older ones that which prevailed when the boys came marching home from their victories in the South. “There’ll be a hot time in the old town Monday night’’ describes what this Fourth will amount to. In connection with this phrase it may be said that there are many persons inquiring who wrote the “coon” song, “There’ll be a Hot Time in the Old Town to-night.” Returners from the military camps say the song has become the battle hymn of the armies. The bands play it on parade, the boys sing it singly and in choruses—the common rag-time song that has been held in the utmost contempt by some alleged “lovers of classical music only” has grown to be the companion piece of the patriotic airs of the Nation, and seems as durable. When the Texas troops and the “Rough Riders” left their State the bands played the song, and the boys from New England sang it on the trains which bore them to Dixie. Among the celebrations of the Fourth will be one at the Central Hospital for the Insane. Following is the programme: 9 to 11 a. m., game of baseball between Hospital and Topaz clubs; 2 to 4:30 p. m, music, medley of national airs; song, “America.” by hospital chorus; reading Declaration of Independence, by Mr. Franklin Bradley; song, Parke Floyd's quartet; grand march of patients, quadrille finale; tumbling by George Donahue; dances and songs. At the home of Mrs. A. D. Streight a picnic will be held in celebration of the day. Everybody is invited and the committee in charge has arranged a programme of entertainment. At 8 o’clock Monday morning a flagpole will be raised in Irvington near the residence of B. F. Ging by the old soldiers of the town, assisted by all the other residents. Thomas Hanna will make a short speech. Mr. Ging cut the pole in the woods and expected its raising to be a private affair, but- he was easily prevailed upon to make it. public. During the day a great celebration will be made at Garfield Park. Prominent men will address the crowd, bands will play and the Declaration of Independence will be read, in the true style of the early days. THE CEREALINE EMPLOYES Constitute Nearly u Fourth of Signer* to Browning's Petition. A number of men called on the County Commissioners yesterday in reference to the petition of John W. Browning that he be appointed to the position of county auditor. The commissioners w.ere urged to take no action in the matter. The board made no promise, except to say that the proper consideration would be given the question. Those w’ho took the trouble to look over the list of signatures presented by Browning discovered about sixty of the men who signed the petition are employed by the Cerealine Manufacturing Company, with which R. T. Gent, a relative of Mr. Brow'ning. is connected in a responsible capacity. Yesterday George A. Knox, who signed the petition. telephoned the auditor’s office that he w’anted to explain his position. He said that when the petition was brought to him he was informed that the office of county auditor had already been vacated, and on that representation he allowed the use of his name. C. E. Convention nt Nashville. The Indiana Christian Endeavor conventionists leave this city for Nashville Tuesday morning at 11 o’clock. Delegates from Nashville will meet the party at Louisville and assign temporary homes for the party. Side trips are planned to Chiekamauga and the Mammoth Cave on the way south. Among the Indianapolis people who will attend are Rev. B. A. Jenkins, president Indianapolis C. E. Union; Waiter H. Judd, Miss Flora Drake, Miss Ethel Pennington, Mr. W. H. Elvin. Miss Alice Osborn, Miss Alma Jones and Miss Bertha Buchter. Fletelior Rank a Depository. The Fletcher National Bank has deposited $500,000 in government bonds with the United States treasury, to cover its liability as a temporary United States depository for the convenience of purchasers of the new popular loan bonds. The government is gathering in the money to its credit in

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WASSON’S the coolest underwear At the littlest prices known this season—here —to-day. You’re not likely to match these values elsewhere. Women’s fancy ribbed, taped, low SI „ neck Summer Vests FJE White and ecru Richelieu-ribbed, , taped neck and arm Vests IUJC Silk lace-trimmed and taped low neck, facy ribbed Vests, in white 'll,, and ecru, 35c quality -uJL Misses’ pure white Vests, taped neck |f| . and arms, any size IvFC Boys’ Balhriggan Shirts and Drawers, In knee and ankle length, any OBL-. size AOC Men’s light-weight, cool Jersey-ribbed |Q,' Shirts and Drawers, all sizes * Men’s light-weight Balhriggan Shirts OEZ r and Drawers, all sizes H. P.Wasson&Co. EDUCATIONAL. Girls’ Classical School SEVENTEENTH V E\R. Opens Sept. 20, KI9B. Prepares for ALL COLLEGES admitting women. Its certificates accepted lv ALI. COLLEGES ADMITTING on CERTIFICATE. EIGHTEEN instructors. Kindergarten. Speeiil courses. Music, Art, Physical Laboratory, Gymnasium. Handsome accommodations for boarding pupils. Send for catalogue, 633 North Pennsylvania street, In lianapolis, Ind. THEODORE L. SEWALL, Founder. MAY WRIGHT SEWALL, Principal. ~ SUMMER RESORTS. f Wawasee Inn ; Lake Wawasee A most delightful and complete Summer Resort. Fine Yachting. Boating, Bathing and Fishing. Hart’s Qrchestra plays for hops nightly'. /mk For rates and folder, address . Marcus G. stimmel, Mgr. ’ WAWAQEE, IND. Fisher’s Island, ,N. Y., OPPOSITE NEW LONDON, CONN. Steamer meets all trains at New London. Rood bathing, fishing, sailing, golf,’ casino, music. MANSION HOUSE AND COTTAGES, Now Open. MUNNATAWKET HOTEL 'fi. ns Julv 1. Send for circular, A. T. HALE, Manager. DRAGOON PLUG THE FINEST TOBACCO MADE. No other brand so pure and satisfying. INDIANA Dental College Department of Dentistry, University of Indianapolis. S. W. cor. Delaware and Ohio Sts. Receives patients from 0 a. m. to 5 p. m for all kinds of Dental work. The fees are to cover the cost only. tfaim/xm: seals. STENCILS,STAMPS j FREE BADGES,CHECKS &C. 1 , @&.TEI-i386. 15 SuMERIDLAN SL GrouhdFloor! i banks throughout the country, in order not to reduce the circulation of money, as would be done if the money waft centralized in W ashington. Pension* for Veteran*. Certificates have been issued to the follow-ing-named Indianians: Original—John Galbraith. Fowler, $6- Albert Boley, National Military Home ’Marion, SB. . M Renewal—William H. Handers, Terre Haute, $6. <•. Renewal and Increase—William Elkins. Westphalia, $4 to $6. Increase (special, June ZDHTohn C Brown, MonticeJlo, $24 to S3O; Fielding Gillmore Laurel. sl2 to sl4; SolomHli Gleet. Woodside, $8 to $10; Robert Forsyth! Angola L a,k ’ Hua ßngton. sl4 to sli, William Edwards, Manchester, $8 to sio ltha Thompson, Delphi, $s to $10; Jamea Lynton, Riddle. sl4 to sl7; Jacob Lin#' Auburn Junction, sl7 to $24; I> roy Hutltiwav Leavenworth, $8 to $24: John C. McKim Lawrenceburg. sl2 to sl6; John Goldsibfth' bhelbyville. $lO to sl4; Joseph L. Paxrett Wabash, $6 to SB. Reissue—Daniel Woodbury’, Union (Jitv fiJ: Thoma* J- Uotton, Mount Sterling Jin William Cannon, Vincennes, $24 Reissue and Increase—Mathew Small, Geutryville, S.B to $10; John Deartnin. Worthington. $8 to $10; Herman Tresselt, Fort Wayne. $6 to $lO. Death of Eno* E. Pray. Enos E. Pray, a well-known and respected citizen, died yesterday morning from Bright’s disease, at the home of his sister. 2025 Highland place, after an illness of five months. He was a brother of Samuel D. I’ray, of the Indianapolis Gas Company anti was secretary of the Rex Coal and Sewer Company. He was forty-five years of age and a. member of the Friends’ Church He has been a widower for two years and leaves two children. The funeral takes place to-mororwr afternoon from his late home. Building Permits. .•> National Malleable Casting Company brJefc warehouse, Michigan street and Holmes avenue. Anna B. Birk. frame bouse, Alabama street between Eleventh and Twelfth streets, h..vm>. Smith A- Baptist, frame house, rear Thii>. teenth street. $450. nir Alma Mathner. repairs, ISO3 Orleans street tun s“et r . U s4oa arr ' f,ame hoU *'-’ "> Vermont

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