Indianapolis Journal, Volume 48, Number 306, Indianapolis, Marion County, 2 November 1898 — Page 6

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THR JOI’RNtL BUSINESS DIRECTORV. BICYCLES—WHOLESALE AND RETAII— H. T HKARSEY CYCLE CO. (Bicycles and Supplies). 216-2 IS N. Pennsylvania at. CARPET CLEANING—HOWARD STEAM CARPET CLEANING AND RENOVATING WORKS. Tel. 616. FLORIS-S—----berterman ei.oral company. New No. 241 Mass ave.. 226 N. Del. st. Tel. 840. Lai N DRIES— ’ UNION CO-OPERATIVE LAUNDRY. 128-144 Virginia ave. Phone 1269. SfANTELS AND GRATES— P. M. PURSELL (Mantels, Furnaces), Mass. ave. and Delaware st. THE M S. HUKY CO.. MEGS. (Mantels, Grates and Tiles), New No. 1201 Mass, ave. PATENT LAWYERSCHESTER BRADFORD, 1233 to 1236 Stevenson bldg, 15 E. Wash. st. H. P. HOOD & SON (Arthur M. Hood), 32-33 Union Trust bldg, 120 E. Market st. V. H. LOCKWOOD. _ 415-418 Lemcke bldg. PLUMBING AND STEAM HEATING — J. S. FARRELL &. CO. (Contractors), SALE AND LIVCKY STABLES—HORACE WOOD (Carriages, Traps, Buckboards, etc.), 25 Circle. Tel. 1097. SHOW CASES— " WILLIAM WIEGEL, IIMBRELLAS. PARASOLS AND CANES— C. W. GUNTHER (Manufacturer), UNDERTAKERS—FRANK BLANCHARD, 99 N. Delaware st. Tel. 411. Lady Attendant. VETERINARY SURGEONS— P. O. OR EAR (Office, Club Stables). 128 and 130 W. Market st. Teis. 1061 and 544. Wall papers— H. C. STEVENS, New Styles Wall Paper. Low Prlcea. 930 N. Senate ave. Tel. 2on 2552, Wines— * JULIUS A. SCHULLER. 110 and 112 N. Meridian at mEHALBIRKC^^ FLANNER ft BUCHANAN-320 North Itllnoia street. Lady embalmer, for ladle* and children. Office always i open. Telephone 641. Hacks at lowest prevailing price. C. E KREGELO, FUNERAL DIRECTOR, has resumed business at his old establishment, 223 North Delaware street. Everything new and complete. Office telephone, No. 250. LOANS—Money on mortgages. C. F. SAYLES, 75 East Market street. Financial—Life' insurance policies bought; mortgage loans. NEWTON TODD, 7 Ingalls block. . LOANS—Sums of SSOO and over. City property and farms. C. E. COFFIN ft CO.. 150 East Market street. MONEY LOANED SALARIED PEOPLE holding permanent positions with responsible concerns upon their own names without security; easy payments. TOLMAN, Room 701. Stevenson building. MONEY—To loan on Indiana farms. Lowest market rate; privilege for payment before due. We also buy municipal bonds. THOS. C. DAY ft CO., Room 325-330, third floor Lemcke building. Indianapolis. WANTED—Agents for the only official "History of Our War with Spain, Its Causes, Incidents and Results;” civil, military and naval; steel plates, maps and engravings. By Hon. Henry B. Russell, Senator Proctor (Vt.) and Senator Thurston (Neb.) The greatest seller ever known; 1.000 more agents wanted; we pay freight ar.d give credit. Write for terms and territory to the sole publishers, A. D. WORTHINGTON & CO.. Hartford, Conn. >^v _ o WAXTEP—MISCELL AXEOUS, WANTED—How to make $5 every day. Particulars free. Write to-day. N. BERG, Hoyt, Minn. FOR SALE. FOR SALE—Ten R.I.P.A.N.S fol I cents at druggists; one gives relief. -. , * LOST—Lady's gold watch and chain; Duber case; Hampton make; broken crystal and chain. Return to manager’s office of New York Store and receive reward. WV ‘ ,I ' S,NESS CHANCE. WANTED—Partner with $1,200 to take half Interest In restaurant that is clearing S3OO per month; good reason for selling. Call STOUT & HOUTEN, No. fi West Market street. NOTICE. NOTICE—How undergraduate doctors, dentists, pharmacists, skillful, can soon graduate. Box 690. Chicago. CLAIRVOYANT—ConsuIt Prof. Dupont, the celebrated clairvoyant. No questions asked. He tells everything. Ladles, 50c; gentlemen, sl. 20 West New York street. STORAGE. STORAGE—INDP’LS WAREHOUSE CO. W E. Kurtz, Pres. H. A. Crossland, Mgr. T ew) 517-523 S. Penn. ’Phone 1343. . WE STORE. PACK AND HAUL. STATEMENT. REPORT OF THE CONDITION OF THE State Bank, at Indianapolis. In the State of Indiana, at the close of Its business on the 31st day es October, 1S98: RESOURCES. Loans and discounts $517,226.33 Overdrafts 800.64 Due from banks and bankers 71,343.01 Other real estate 1,462.32 Furniture *nd fixtures 7,422.74 Current expenses 5,631.34 Taxes paid 1,865.38 Currency 91,131.14 $696,891.90 LIABILITIES. Capital stock paid In $200,000.00 Surplus fund 14,000.00 Discount, exchange and Interest 6,124.95 Dividends unpaid 180.00 Individual deposits on demand 354,192.75 Individual dei<cslts on time 30.329.25 Certified checks 5,191.19 Cashier’s checks outstanding 2,669.68 Due to banks and bankers 82.204.08 $696,891.90 Btcte of Indiana, County of Marlon, ss. I, James R. Henry, cashier of the State Bank of Indiana, Indianaiwdis, do rolemnly swear that the above statement la true, as 1 verily believe. JAMES R. HENRY. Cashier. Subscribed and sworn to before me this Ist day of November, 1898. BERTHA E. WILLIAMS, [SEAL.] Notary Public. LEG A L ADV ERTISE RENTS. UNITED STATES DISTRICT COURT, DISTRICT OF INDIANA. No. 14. In Bankruptcy. To creditors of Samuel Fox. bankrupt: You are hereby notified that on the 14th day of October, P9S. at Indianapolis, In said district, the said Samuel Fox was, on his own petition, adjudged a bankrupt, and that the first meeting of the creditors of said bankrupt for the purpose of proving their claims, for choosing oae or three trustees of hi* estate, for examining said bankrupt under t ath and for transacting such other business as may lawfully come before •aid meeting, will be held before the undersign -d referee at Room 62. Ixtmbard building. No. 24V* East Washington street. In the city of Indianapolis, Marion county, Indiana, on the 11th day ©f November, 1898. at 10 o'clock a. m. Claims after being proved under Section 57 of the act of 1898 may be filed w ith the undersigned prior to such meeting. Dated at Indianapolia, Indiana, this Oct. 31. IS9S. ALBERT RABB. Referee in Bankruptcy. LKITED STATES DISTRICT COURT. DISTRICT OF INDIANA. No. 21. In Bankruptcy. To the creditors of Samuel R. ]Vaters. bankrupt; You are hereby notified that, on the 14th day cf October. P9S, at Indianapolis, in said district, the said Samuel R. Waters was. on hts own petition, adjudged a bankrupt, and that the first meeting of the creditors of said bankrupt for the purpose of proving their claims, for choosing one or three trustees of hi* estate, for examining said bankrupt under rath and for transacting such other business as may lawfully com*- before said meeting, will be held before the undersigned referee at Room 62, Lombard building, No. 24‘East Washington street, In the city of Indianapolis, Marlon county, Indiana, on the 12th day of November, 1898. at 9 o'clock A. m. Claims after being proved under Section 37 of the act of 1898 may be mailed to or filed with the undersigned prior to such meeting. Dated at Indianapolis, Indiana this Oct. SI, IS9B. ALBERT RABB. Referee In Bsnkrnntcv Proposals for fresh beef and fkTsh MUTTON—Offlca Chief Commissary. Chicago, 111., Oct. 27, 1898. Sealed proposals will be received here until 12 o’clock m,. Nov. 28. 1898, and opened, for furnishing and delivering Fresh Beef and Fresh Mutton called for by Commissaries a' Fort Brady. Mich., Columbua Barracks, Ohio, Fort III., Fort Thomas, Ky., Fort Wayne, Mich., Columbia Arsenal. Tenn., Tndtnnapolls Arsenal. Ind., Rock Island Arsenal. 111., and Camp Hamilton, near Ky., during alx months commencing J anna tv i, 1P99. proposals '•eccived and opened same hour be Commissaries of thesa posts, each rrreiving pr> jcmCs for his own post only. Information firnixhed on application. En veiot ett containing projosa * should be endoreed "Proposals for Fiesh Bee' anl Fresh Mutton” and addressed to undersigned nr to Com. SOasary at post bid for. FRED A. SMITH, Major, C. 8.

fl GERMAN BANKER’S SON o . ACQUITTED IN CRIMINAL COURT OF BICYCLE STEALING. a Julius Keefe Claimed He Boafght the Machine for #s—An In* usual Story. Julius Kiefe, sixteen years old, claiming to be the son of a wealthy Hebrew banker of Stutgartt, Germany, was a prisoner in the Criminal Court yesterday on the charge of grand larceny. The youth related his story with such frankness and apparent sincerity that Acting Judge Mull was constrained to acquit him, and at the conclusion of the case, sent the prisoner on his way rejoicing. It was an unusual story the young Hebrew had to tell. He had been in jail since the last State fair, being brought here from Cincinnati on the charge of stealing a bicycle from the Ingalls block. The boy had no money and was defended by John C. Ruckelshaus, attorney for the poor. Young Kiefe shows every evidence of having a German university education. He speaks fluently four different languages and is able to write with either hand. As indicated by his story to the court his desire to wander from the parental fireside is what brought him into court. He came to this country a year ago last May. His father objected strenuously to the young man leaving home, but finally consented for him to make the trip. The boy was instructed to come to Cincinnati to his uncle, who lives at 1333 Chapel street, Walnut hills. The latter Is a well-to-do Cincinnati citizen. Young Kiefe came on to America and found his uncle. He was supplied with funds when he reached Cincinnati, and for several months his father sent him allowances regularly. The youth was much dazzled with all that he saw in Cincinnati, and readily took up with American customs. lie told Judge Mull that he began by having a good time after reaching his uncle, and spent his money too freely. He soon found that tho allowance forwarded him each month from his father was not nearly sufficient to meet the expenses incident to the kind of life he was leading, and he tried to find some kind of employment. He tried to get Into the army, and imagined he would like hospital work. He had had no experience, however, and they would not take him. Then he left Cincinnati. He worked for a time in a St. Louis newspaper office, doing any kind of work that came to hand. He came to Indianapolis during the K. of P. encampment and worked during the week at Camp Colgrove. When the State fair came on he secured a place at the grounds and worked two or three days. At the close of the fair the young man was paid off and came to the city. He made up his mind to return to Cincinnati at once and started to the depot. At the corner of Georgia and Illinois streets, he says, he stopped to look at some show bills in a window. While standing there soma one slapped him on the shoulder and he turned about. A young man confronted him and remarked: “Hello, Dutchy, where you been?” "I don’t know you," replied the youth. ‘Yes, you do,” returned the young man. “Don’t you remember, I met you on Alabama street?” The youth was puzzled and could not remember having met the man. The latter then asked hint if he had any money, and the question was met with an indignant response. "Oh, you don’t understand me,” laughed the stranger. “I don’t want to borrow of you. Now, look here, I’ve got something here that you want.” The stranger stepped to the curbstone and laid his hand on a fine bicycle. He said he wanted to sell the wheel and offered it at a bargain. Young Kiefe, after some effort to cut down the price asked, took the wheel and paid the strangf $5. He proceeded to the express office with his purchase and arranged to have it sent to his uncle’s address in Cincinnati. That night the young man started for Cincinnati. Hie same evening the owner of the wheel missed it from its rack in the Ingalls block. He reported the matter to the police, and the detectives sought the different express offices. They secured trace of the wheel, and on its arrival at Cincinnati it was recovered and Kiefe was arrested before he had an opportunity of going to his uncle’s home. He was greauy cast down when brought back hero, and says he had not the courage to write to his uncle of his trouble. Attorney Ruckelshaus wrote to the uncle a day or two ago, informing him of his nephew's trouble, but had received no reply. The manner in which the boy told his story yesterday convincved the court that he w r as innocent, and he told the youth he was free to go. After the hearing, Kiefe informed his attorney that he had no money. He expressed a desire to return at once to Cincinnati, and the attorney gave him a letter of introduction and sent to Rabbi Messing. An Ex-Clerlc Ask* for Receiver. Joseph E. Weiman, in the Superior Court, yesterday began an action against George Rosenberg, a dry goods merchant at No. 6 North Meridian street, to recover damages for an alleged breach of contract and to have a receiver appointed for the defendant’s store. Weiman avers that he made a contract with Rosenberg to clerk in his store for a. year. The service was to begin on May 2. 1898. For the first two months the plaintiff was to receive SSO a month, and after that was to be paid a salary of sls a week. He went to work, he says, and continued in the employ of the defendant until a few weeks ago, when he was dismissed. He claims he has been unable. to get employment since, and says he has been damaged to the extent of S7OO. The plaintiff shows that Rosenberg has a stock of goods worth about $5,000. It is charged that the defendant is misapplying and squandering the assets of the business and the court is asked to appoint a receiver for the store and to award the plaintiff judgment for the amount he asks for. For n Death on the Big Four. In the Superior Court, yesterday, Charles F. Smith, administrator of the estate of Silas Walters, brought a SIO,OOO damage suit against the Big Four Raiboad. Silas Walters was killed in January last, while in the employ of the railway corporation. He was working on the track at Belmont avenbe and was run down by a train while so employed. It is claimed that Walters had no warning of tho train’s approach and that the accident was due to the negligence of employes of the road. Walters left a widow and three children. Over n Defective Stairway. Eliza Hackney brought suit yesterday against Jacob Crone, the owner of property which the plaintiff rented. A stairway in the house gave way with her and she was injured. She claims the defendant knew of tlte defective condition of the stairway, and had promised to have it strengthened, but failed to do so. An Oil Well Devlee Patent. Judge Baker, of the United States Court, yesterday gave an opinion in the suit of George Alien against George W. Grimes to recover for a patent infringement.. The patent in question is a device for pumping a large number of oil wells from u central power. The court finds in favor of the complainant. Bankruptcy Petitions. John W. Young, of Richmond, Ind., yesterday filed a petition in bankruptcy in the United States Court. His liabilities aggregate about $685.18. There are no assets. A similar petition was tiled by l*c R. Kahn, who was formerly a contractor at Brazil, Ind. His liabilities are $5,684.45. The Schroeder Stock Solti. Tho receiver of the Schroeder shoe store, at No. 331 East Washington street, yesterday reported to Judge Carter, of the Superior Court, the sale of the stock to Robert Keller for $585. The court has not yet confirmed the sale. THE COURT RECORD. Supreme- Court. 18595. Fletcher vs. White. Montgomery C. C. Affirmed. Howard, J.—l. A person, whose land is assessed for the maintenance of a ditch, cannot stand by and allow the work to be performed and receive the benefits thereof, and afterwards be relieved from paying for the same by a court of equity. 2. In making allotments, under the statute (R. S. 1894, Sec. 5632), for the repair of a ditch the proper officer to cause

THE INDIANAPOLIS JOURNAL, WEDNESDAY, NOVEMBER 2, 1898.

the repairs to be made is the trustee of the township in which the allotment is located. 18377. Citizens’ Street Railroad Company vs. Reed. Marion S. C. Reversed. Hackney, C. J.—l. In action by an administratrix for damages from the death of her decedent, caused by the negligence of the defendant. the burden rests upon the plaintiff to prove by a preponderance of the evidence the alleged negligence of the defendant and that the decedent was free from contributory negligence, and to sustain such burden the special verdict should fitul facts enforcing the legal inference of negligence on the ono side and freedom from negligence on the other. 2. The jury cannot ieturn the primary facts upon evenly balanced evidence where the burden of establishing the ultimate fact rests unon the party in whose favor the primary facts are returned. 18628. Smith vs Board of Commissioners. Huntington C. C. Affirmed. Jordan, J.— This cause is affirmed upon the authority of Kline vs. Board of Commissioners. Appellate Court. 2659. Micks vs. Stevenson. Elkhart C. C. Affirmed. Henley, C. J.—l. It is only where a material averment is entirely omitted from a complaint that this court will hold a complaint bad when attacked for the first time upon appeal. 2. Reasons for anew trial are waived when not discussed. 2274. Henry vs. Moberly. Clay C. C. Reversed. Wiiey, J.—l. Where a member of a board of school trustees protested in writing to the other members thereof against the employment of a certain teacher such communication was one of qualified privilege; and in order for the person against whom the protest was made to recover in an action for libel against such trustee it must be shown that the publication was malicious and without probable cause. 2. When a publication complained of is not libelous per se, the plaintiff must prove malice. In such case there is no presumption of malice and a recovery cannot be had unless malice is proven. Superior Court. Room I—J. L. McMaster, Judge. William J. Richards vs. Charles R. Williams et al. Argument before court. Room 2—Law-son M. Havey, Judge. Terre Haute Brewing Company vs. Chas. W. Jackson; replevin. Finding for plaintiff as to possession of property and also for $1 and costs. Room 3—Vinson Carter, Judge Albert E. Soult vs. German Orphan Association; habeas corpus. Finding for defendant; ordered that child remain in care and custody of defendant. Judgment against plaintiff for costs. Dwight Fraser et al. vs. Richard Leggo et al.; note. Finding and judgment against defendant for $1,636.60 and costs. Circuit Court. Henry M, Allen, Judge. Lillian Kelly vs. John Morrison’s estate By agreement of parties judgment against estate for $l5O and costs, except plaintiff’s witness fees. New Suita Filed. Louise Raschig vs. Sallie E. Allen et al.; suit to foreclose mortgage. Superior Court, Room 1. Plymouth Saving and Loan Association No. 2 vs. William E. Durant et al.; mortgage. Superior Court, Room 3. Harvey F. Keller vs. Adella Keller; complaint for divorce. Circuit Court. Joseph E. Weiman vs. George Rosenberg; receiver. Circuit Court. Massachusetts Mutual Ifife Insurance Company vs. Peter C. Weyenberg et al.; mortgage. Superior Court, Room 3. Anheuser-Busch Brewing Association vs, Casper C. Hedderieh; suit on note. Superior Court, Room 1. Eliza Hackney vs. Jacob Crone et al.; damages. Circuit Court. Charles F. Smith, administrator, vs. C., C., C. & St. L. Railway Company; damages. Superior Court, Room 1. Notes of Recent Opinions. The “heirs” who are entitled to a right of action for the death of a person under 2 Hill’s (Wash.) Code, Section 138, are held, in Noble vs. Seattle (Wash.), 40 L. R. A., 822, to Include the widow and children only, and not to include the parents of the deceased. A foreign corporation which has officers and agents in the State on whom service of process can be made at any time is held, in Turcolt vs. Yazoo M. V. R. Cos. (Tenn.), 40 L. R. A., 768, not to be “out of tne state” within the meaning of the statute of limitations. Notice of an accident causing death, given to an insurance company twenty-nine days after knowledge of the facts was obtained, is held, in Footer vs. Fidelity & C. Cos. (Wis.), 40 L. R. A., 533, to be too late to b* “immediate” within the meaning of the policy. The duty of an operator or agent of a coal mine to employ a competent mine boss being imposed by statute, is held, in Williams vs. Thacker Coal ft C. Cos. (W. Va.), 40 L. R. A., 812, to be fully performed by the employment of such a mine boss, and for tne latter's negligence the operator or agent is held not to be liable. Publication of a delinquent tax list In the English language but in a newspaper which is otherwise printed in the German language, is held not to be sufficient in State, Goebel vs. Chamberlain (Wis.), 40 L. R. A., 813, when tho statute provides in general terms for publication in a newspaper printed in the county, as the Effiglish language is the language of the country to be used in all official proceedings, in the absence of statute authority to the contrary. The death of a person by contact with ar abandoned telephone wire charged with electricity bv crossing an electric-light wire is held, in Mooney vs. Luzerne Borough (Pa.), 40 L. R. A., 811, to raise a question for the jury, where the wire, after it had been unused for several months and had sagg and so as to interfere with public travel, was cut by a member of the borough council and wrapped around a post within easy distance of pedestrians, and with one end resting on the ground or in the water. The doctrine that the placing of electric wires known to be dangerous at a place where others are lawfully entitled to be constitutes negligence is applied, in Perham vs. Portland General Elec. Cos. (Or.), 40 L. R. A., 799, to wires strung over a bridge where workmen in repairing the bridge come in contact with them: and it is also held that the apparent perfect insulation of the wires amounted to an invitation to risk contact with them, when the wires are placed where persons in performing their duties may come in contact with them. A person holding a mileage ticket, who, with intent to hoard a train standing on a siding near a station, without going to the station, attempts to cross the main line, is held, in Southern R. Cos. vs. Smith (C. C. App. sth C\), 40 L. R. A.. 746. to be not a passenger to whom the carrier oives extraordinary care or diligence, but only one of the general public entitled to ordinary care, if he has done nothing to notify any of the officers or agenls of the carrier that he is a prospective passenger. FOUR THOUSAND VOLUMES. Medical Department of Public Library Has Good Beginning. The library of medical literature In the City Library building was formally opened last night at a meeting of the Marion County Medical Society. Besides members of the society several members of the School Board were present to how that they were as interested in the new feature of the City Library as the physicians were. George W. Sloan, for the School Board, told when the idea of establishing a medical library was broached. He was much pleased at the interest manifested. D. Frank Winn, who was delegated by the society to take charge of the formation of the library, read a report of his work. He had met generous treatment wherever he had asked for contributions to the iibrary. Four thousand volumes have been collected and six hundred of them are duplicates. Airs. Theophilus Pnrvin, widow of Dr. Parvin, who died in Philadelphia, and who had lived in this city, gave the library four hundred volumes. Some very valuable books on medical subjects have been contributed and files of many of the medical journals are complete. Compliments wore paid to Dr. Winn for his work in collecting the library, and he was appointed a committee of one to confer with City Librarian Browning and to look to increasing the medical library. Miss Browning said that complete catalogues of the bixiks In the medical library will be ready in a short time. About four hundred book* which have been purchased are now on their way to this city. Others present talked of the library and its prospects. The idea which prompted Us creation was that it would be a great help to the students of the medical and dental colleges in this city and also to physicians who are practicing. Alany physicians found in their libraries books which they would not miss if they were not there and which wore of value in the public library, it was largely from this source that the books in the library were received. The speakers all agreed that the library is now in its incipient stage and all energy must he bent toward fostering it. Dr. Winn said he was willing to give ail the time he could spare to the development of the library. A motion was made and adopted that the society should become a member of the Association of Medical Librarians, which gives opportunity for an exchange of books. Those who were present at the meeting walked between the shelves and examined the volumes. All were satisfied that a v-cy good "incipiency” indeed was before their eyes. Vose finest upright pianos at Wulschner’s.

CASH FOR THE SOLDIERS _* NINE COMPANIES OF 157TH PAID OFF AND DISCHARGED. ■ • Others "Will Leave To-Day—About $03,000 Taken to Camp Y'esterday. Indiana's heroes are returning to the duties of civil life. Two special trains on the Big Four Railroad last night carried away nine of the twelve companiee of the One-hundred-and - fifty - seventh Regiment. The remainder will probably be gone before 12 o’clock to-night. Only three companies and the band remain to be mustered out today, and when that is done the associates for six months will have returned to their friends. Yet they were happy men. who romped upon the grass plot in front of the fine arts hall and waited for their turn to stand in line before the paymaster to receive the welcome reward of service. Some wrestled and shoved and shouted. Some lay upon the grass in the pleasant sunshine with smiles upon their faces. But all were excited, and the grey-headed men were as boyish as the lads. When they finally marched into the hall In single file all were perfectly quiet, and each man forward quickly, seized his money without taking time tQ count it, and proceeded from the building. About $65,000 was taken to the camp yesterday, and $19,000 more will be required to settle up accounts between the regiment and the United States government. The men received pay for two months and one day of service. When the turn of the One-hun-dred-and-fifty eighth Regiment comes the men will be pt id for two months and four days. The money used by Major Cleland, who paid seven of the companies, was all in coin, and filled several large bags. The sight of so many thousands of dollars in gold and silver lying within the reach of the observer was enoqgh to give anyone an insane desire to grab some of it and run. Each soldier, however, seemed happy to get his share of it. Major May used paper money which had never paid for anything before In his distribution. The entire fair grounds seemed to have assumed anew appearance yesterday. Instead of the cold and rain there was the sunshine and the firm ground. Instead of officers shut up in tiny rooms, with stern luces fixed on sheets of paper, there were othcers hurrying from building to building, saying good-bye to their brother officers and to their friends among the privates. The tents where the captains have done their work were torn down. The boxes were packed with the mementos of war. Alen studied about their old clothes, wondering if they were too old to keep or too good to throw away. Photographs were exchanged and regimental rosters purchased. Debts w-ere paid und debts were made. Some showed their thankfulness by praising the Lord and some by becoming drunk, and the faces of all were bright. But when the darkness came and the last farewell was spoken there were probably a few tears mingled with the smiles. SOME PARTING WORDS. “Good-bye, old fellow, you’ve been a good soldier. I am glad I have known you,” was the parting word of the officer as he shook hands with a private, perhaps for the last time. "You have treated us like men, and we will never forget it,” was the reply. There did not seem to be one officer in the regiment who was not proud of his command. Said Colonel May: “I never knew a more orderly body of fflen than the One-hundred-and-fifty-sev-enth Regiment. Wherever they have been in camp iheir deportment has excited sut prise. W'hen we were in the South our regiment escaped the troubles which most of the regiments had to contend with. I am sure if they had*g6ne to the front they would have fought like brave men.” Chaplain Mecibury said: “Whatever a few may be, the majority of the men in our regiment are noble fellows. I have failed to see signs of the serious disorder with which some of the boys are blamed.” Captain Reese, of Fort Wayne, said: “The deportment of the regiment In--the South was always excellent. If the men have caused any disturbance here it was due to circumstances alone. They deserve their honor side by side with the other Indiana regiments.” Said Dr. R. W. Garstang: “From the day I was assigned with this regiment to the moment of my muster-out tne men have had my utmost sympathy and regard. Through their stay at Tampa and Fernandina, although it was under tne most trying conditions, they never murmured and always conducted themselves as respectful and obedient soldiers. My association with, them will always be a red-letter day in the diary of my life’s history.” Captain Gilbert, of Angola, said: “I am proud that I had the privilege of being a member of the One-hundred-and-flfty-sev-enth Indiana. Its membership was made up of the best young men from the northern part of the State. Many of them sacrificed their business interests, and all of them were deprived of the comforts of home, because of their patriotic devotion to the flag. Their camp environments were such that they suffered more from disease and death than other Indiana regiments, but they never complained of the hardships, afthotigh daily encouraged to do so by many of the unpatriotic daily papers. They expected to be soldiers and right w r ell did they meet their duties. The men were distinguished wherever we were in camp by their gentlemanly conduct. They loved their colonel and other officers. The influence of Captain Medbury, our chaplain, contributed largely to the manly bearing of the men, and he goes to his home with his memory enshrined in the hearts of the 1,300 men. Indiana has reason to take pride in the One-hundred-and-flfty-seventh along with her other good regiments.” “Friends made in war are never forgotten,” said one of the officers, “and the association we have had together for six months makes friends as nothing else can. When men are brought together in the army social caste is soon forgotten. It must also be remembered that these men enlisted to fight, and to die as well, and the thought of death is a powerful factor in cementing friendship. There is something strangely fascinating about army life which unfits us to immediately take up our civil duties, yet I believe that we are better in the end for this life and for its friendships.” It is though that about S3OO will be raised with which to purchase presents for Colonel Studehaker. Colonel May and Chaplain Medbury. Several of the captains will be surprised within a few days by some gifts from their men. There is a general good feeling between officers and men. The relations between the two regiments are also pleasant unless In the minds of a few chronic kickers. Chaplain Cnrstensen, of the One-hundred-and-lifty-eighth Regiment, has arranged for a special farewell service with his regiment to-morrow evening at St. Paul’s Church. Some of the members of the One-hundred-and-flfty-eighth will probably be mustered out to-morrow. ♦ HE FOUGHT AT SAN JUAN. Private Kelly, of This City, Given a Reception by the Hiherninnii. Private John J. Kelly, of Company A, Sixteenth Regular Infantry, who is visiting at his home on South Arsenal avenue for a few weeks on sick leave, was given a reception by the members of Division No. 3, Ancient Order of Hibernians, last night. Mr. Kelly has been a member of the order for several years and enlisted at the recruiting station in this city April 22. He received his first military training at Boise barracks, Boise City, Ida., going from there to Tampa and finally to Cuba in time for participation in the battles before Santiago. The only other Indianapolis boy in Company A was Charles Condon, who, however, was not allowed to go to Cuba until the surrender, arriving there on the same day the troops entered the city. Condon was among two hundred recruits who had joined the regiment only a week or so before it sailed from Tampa. According to Kelly, San Juan hill “was a pretty tough place," and he hopes his regiment will not be sent to Cuba with General Lee, as he has seen enough of the island to last him for the rest of his life. He says so far as he was concerned he had enough to eat at all times when In Cuba, and many times had enough to divide up with soldiers whose appetites were abnormal. For a time alter the surrender he was confined to the hospital with malaria, and he says it seemed to him as if after the strain of the excitement had passed and the city had been captured there was a general collapse among the soldiers, who until that time had maintained themselves in the stirring- atmosphere of war when

malaria already had its grip on them. He is unable to account for the way in which the troops took San Juan hill. The Spaniards fought hard and the place was naturally fortified. After the, city had been taken and the troops mixed up with the Spanish soldiers a little they learned that Spanish officers had told them that if the Americans captured them they would be butchered, and that therefore they fought with desperation. The Spanish also told them that they were lucky to have captured the hill, for, according to Spanish history, the British during the conquest of Cuba long years ago lost 20,000 men in three charges and still failed to capture it. Kelly will leave for Huntsville, Ala., to join his regiment next week. There were several hundred Indiana men enlisted in the Sixteenth Regiment. Company H Enjoys Itself. The members of Company H, One-hun-dred-and-fifty-eightT Regiment, with the exception of five who are sick at home, treated themselves to a banquet at the English last night. The dining room was brilliantly lighted and small American flags fluttered in thick profusion from the chandeliers. The table was arranged in the form of the letter H, around the central stem of which the officers sat. Major Rich and Captain Allen, two brother officers in the same battalion, were the guests of the evening and sat on either side of Capt. Tarleton. The affair was entirely informal, without speechmaking, and formed one of the several entertainments which the men are giving as a method for using up the accumulated money which so far they have been unable to dispose of. During the early days of their service when the possibilities of seeing active service were bright, the men subscribed $3 apiece to a fund to be used for the care of their sick and wounded and to purchase whatever necessaries the government might not be able to furnish at once. This fund was added to by the canteen until there was quite a surplus on hand. A conference with the men on their arrival here developed the fact that all of them preferred to use the money in making the last days they would spend together as a company pleasant ones rather than divide it up and give each man about $lO. Since coming home they had theater parties and o.her amusements and still have quite a sum for future good times. WORK OF LOCAL CHARITY A SOCIAL SETTLEMENT EXPERIMENT ON INDIANA AVBKIB. . . Secretary Groat’s Annual Report ToDay—Potato Patch Scheme Was Successful. - A meeting of tho Charity Organization Society will be held this afternoon at 4 o’clock in the rooms of tho society in the Plymouth Church building to elect officers for the ensuing year and to hear the reports of the fiscal year which has just ended. Charles S. Grout, secretary of the society, will present a report which will show that the work of the society has developed greatly in the last year, and is proceeding along severai new and profitable lines. The Friendly Inn is now under the personal direction of Secretary Grout. Before it was leased to a man who was recompensed by selling wood sawed by those who were provided for at the inn, and also by fees charged for meals when the applicants were able to pay. The result of taking the inn under the direction of tho secretary has been much more satisfactory than it was while the place was operated under the old plan. The place has been much improved. Rooms have been set apart where women can sew, and machine® will be put in them. One room has been converted into a laundry. In addition there is a day nursery, and while mothers are at work in the sewing rooms and in the laundry, an attendant will take care of their children and give them primary instruction. The clothing that is collected by the society for distribution among the poor will be taken to the Friendly Inn, repaired and issued. Another development of the society’s work is what may form the nucleus of a ‘‘social settlement.” A house at 907 Indiana avenue has been rented and put in charge of Miss Sarah Smith, who for ten years was engaged in charitable work in London, and has been in the same work here for three years. With her are three assistants. The house is made the headquarters of the work of relieving the poor of that part of the city. The agents of the society live there. A school of cooking and domestic economy has been opened, and it is expected it will be productive of much good. Classes will be formed of the girls who are unable to attend the public schools. Experience has taught workers in. this branch of charity organization that much of the misery among the poor is caused by the fact that many of them are not capable of helping themselves. The house on Indiana avenue, it is hoped, will be the starting place of a remedy for this condition. The “potato patch” feature has proved a success in this city. Some property owners having lots not occup.ed have donated the use of them to the Charity Organization Society. The society has set some of those dependent on it for a living to cultivating potatoes on this ground. While the crops nave not been bountiful the work itself has been good for those who have done It. It has taugiit many of them to depend more on their own energies. One old man who had been \collecting and delivering clothes for his wife to wash was rapidly going into a kindi of mental coma. He was asked if he were willing to work on a potato patch, and he eagerly took the chance to work. He became interested in his work, took excellent care of his garden and waked up to a realization that he was of some use in the world. His mind brightened immediately. The Charity Organization Society is $1,200 "in the hole.” This is due to having spent nearly $2,e00 In remodeling the Friendly Inn in the last few years. The receipts during the year just ended were $7,700.66. The savings bank feature of the society’s work collected $17,749.51 last year. BROAD RIPPLE BEER. Fielder Think® a Man That Can Drink It I Sane. Probate Commissioner O’Bryan has under consideration the petition of Samuel Fielder, of Broad Ripple, who has asked that his guardian be removed and that he be declared a person of sound mind. The petitioner is sixty-nine years of age and is a veteran Ten years ago Clarence Kirk was appointed his guardian. At the time it yas claimed Fielder was incapable of managing his own affairs. He was then receiving a pension of $8 a month, which has been increased until now he is receiving $75 a month. It appeals that Fielder’s guardian has been permitting him to buy his own groceries and look after his own house, and the veteran thinks if he is sound enough mentally to purchase his provision he is certainly capable of attending to all of h*s business. Ha lives at Broad Ripple with his daughter. While the hearing was on before the court one of the attorneys asked Fielder if he did not sometimes take a glass of beeer. "Yes.” he replied, “and if Broad Ripple beer won’t make a man crazy, he’s solid. He’ll never lose his mind.” Another witness asked a hypothetical question which involved the amount of Fielder’s income. “That’s a hard question to answer,” replied the witness, “because Fielder is the only man in Broad Ripple who has that large an income.” Y. W. C. A. CONVENTION. Fourteenth Annual Session Will Begin To-Morrow. The fourteenth annual convention of the Indiana Young Woman’s Christian Association will begin in this city Thursday and will continue until Saturday night. The first session will be held to-morrow afternoon at the rooms of the association, on North Meridian street. Most of the session will be h< id at the First Presbyterian Church. Wiiliam L. Bryan, vice president of the State University, at Bloomington, will have charge of the Bible work during the convention. Miss Harriet Taylor. International secretary, of Chicago, will conduct the city conference and will assist in other services. Miss Helen F. Barnes, secretary of the Ohio association, will participate in several meetings. Miss Helen Lockwood, of Peru, will have charge of the music, and she will be assisted by Miss Adelaide Carmen, of this city. The Indianapolis association, assisted b" the Butler College Association, has made preparations to entertain the out-of-town delegates.

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MEMORIAL TREE PLANTING. First One, a Linden, Hears Mrs. Albert Lleber’s Name. The first tree planted in Memorial plat at Riverside Park was placed there yesterday in memory of Mrs. Alice Barus Lleber, wife of Mr. Albert Lleber. About forty friends of the family drove out to the park, where there was a short programme. A brass quartet, under the direction of Prof. R. A. Miller, played a “Prayer,” composed by Mrs. Lieber, which has recently been published, and this was followed by an address by Mr. W. W. Woollen. Mr. Woollen spoke of the life of all things and told particularly of the linden tree, the kind that w r as planted, and cf the great size it has attained in the fatherland. He spoke of Mrs. Lieber’s fine character and her love for music and flowers. The Maennerchor quartet sang, and as they sang the tree was planted and each one present laid a flower at its root while the Memorial Tree Association had a metal piece fastened to the tree bearing the name of Mrs. Lieber. Miss Irma Foerster sang “Woodman, Spare that Tree,” in a sympathetic voice, and the quartet sang ’There Stands the Mighty Linden.’’ Mrs. Eliza G. Wiley, president of the association, sent a letter, which was read by Mrs. Margaret Peelle, as tonows: “It is fitting that the first tree planted by the Park Memorial Tree Association should be in memory of the wife of one but for whom this organization would not have existed. The conception of this society was a broad, generous and comprehensive one and far-reaching in its beneficence and beauty. This tree is symbolical of the life and character of the one whose memory it will commemorate. As time goes on its spreading branches will become the home of the mother bird, brooding and caring for her young. Its ample foliage will be a screen from the fierce rays of the summer sun to all passersby; its trunk, erect, symmetrical and firm, able to withstand the wintry wind; its roots, striking deep into the bosom of the earth, drawing its life and nourishment from hidden sources, symbolical of the silent, sacred mystery of love that transmutes the earthly into the spiritual in the alembic of a pure heart. The sighing of the wind through its branches will be a requiem to the memory of this music-loving, homeloving, strong, sweet-spirited wife and mother.’’ THE NEWS CASE ARGUMENT. Mr. Smith’s Acceptance of Hi* Share of Prolita iroin the Receiver. Judge McMaster, of Room 1. Superior Court, resumed the hearing of argument yesterday in the Indianapolis News litigation. Attorney Winter, who represents the defendants, Charles R. Williams and Delavan Smith, completed his argument yesterday morning, and the remainder of the day was taken up by Charles W. Smith and Byron K. Elliott, counsel for the plaintiff, W. J. Richards, who is asking for an accounting and a dissolution of partnership. The defendants are attempting to prevent an order being made for a sale of the paper. Delavan Smith is a nonresident and has not appeared in the courtroom. It is contended that until fie does the court has no jurisdiction to act. The attorneys for the plaintiff in their argument yesterday maintained that the court nas absolute jurisdiction under the summons that was served on Delavan Smith at his home in Chicago and the notice given him by publication. They also subnnt another proposition to the effect that whether this court has jurisdiction or not, Delavan Smith cannot now claim that the action already taken is invalid. In support of this proposition the attorneys show' that Mr. Smith’s lawyer was in court when the order creating a receiver was made last summer, and entered no objection then and took no exception. It is further urged that Mr. Delavan Smith cannot now set up the claim that the order was invalid, because, under the court’s order, the receiver has made a distribution of the earnings of the newspaper from time to time, and Mr. Smith has accepted his equal share. It was shown that he has received from the receiver since last May something over $15,000. Bvron K. Elliott did not conclude his argument along this line last night, but will finish this morning. Should the court sustain the contention of the plaintiff’s attorneys. the next step in the litigation will be the sale of the News plant after notice has been given by publication. % FLOWER SHOW DECORATIONS. Some Change® Over Past Year®—New Varieties of Pulm®. Some of the plans for decorations at the chrysanthemum show, which will open next Monday, were discussed last night at the meeting of the Indianapolis Florist Club. The decorations committee, composed of Ed Bertermann, John Bertcrmarn and Henry Rieman. made an outline of the plans they are now formulating. It is intended to make decided changes from any ldea9 of previous years. From a fringe of Southern smilax there wtll hang over the balcony a bank of Florida moss. Above the balcony there will be incandescent lights. The side walls above the balcony will be covered with American flags. The palms will be grouped in front of the stage and at the main entrance between the doors, ijuite a number of varieties which have never before appeared in Indianapolis are expected to be In the exhibit. The committee has not yet finally de-

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AMUSEMENTS. GRAN D I JJU | TO-DAY. GRAND STOCK COMPANY In the four-act comedy drama, “Esmeralda” B- Prances Hodgson Burnett and William Gillette. NEW BIOGRAPH VIEWS. Evening Pricee—Lower floor. 50c; balcony, 250; gallery, 15c. Matinee, 25c everywhere. Seats oa sale at theater. Next Week—"A Social Hlghwayman." F AKK—'TO-DAY, : ; -• Davis and Keogh’s Famous Fabric of Fun. HAVE €\ vousEEN^rnithr Farce-comedy, burlesque, comic opera and extravaganza. Company of Twenty-seven Clever People. 10c, 20c, 30c. Everybody goes to the Park. To-morrow—Gilmore & Leonard's "Hogan’s Alley." § ENGLISH’S i Tn-Nidht Thursday * w Matinee and Mght International GRAND OPERA Cos. OO— In Company—l>o TO-NIGHT FAUST In Italian Thursday Mat...ROMEO AND JULIET In English. Thursday Evening CARMEN In English. PRICES—Lower floor, 11.60; balcony. f1.50, sl, 75c; gallery, 50c. Seats now on sale. Saturday Nov. 4-5, Sat. Mat. Don’t Fall to See the Great Primrose and Dockstader Minstrels PRlCES—Niwlits, 2ne, ROe, 73e, *I.OO. Mat., lisc, 5Ue. Seat* now on Male. FMPiDP EVERY AFTERNOON, LiUrIRC EVERY EVENING... COMMENCING OCT. 31, Jermoti’s : Black : Crook 30—Lovely Divinely Formed Women—3o Cut out this Coupon and ( ) fN 19 ninr present at box oftice with C S lOoents and secure reserved ( S Lrfltl ■ llllv seat for lady to any mati- c \ nee this week, for “JKU- t BLAOIC CROOK." ( Nov. 7,8, 9—Clark Bros.' Royal Burlesquers. Nov. 10, 11, 12—Rose Hill's Burlesquers. - ■■ ' .. '.' "..■g cided upon the details of the arrangements, but will have plans perfected within three or four days. The Free Kindergarten Society, of which Mrs. John B. Elam is president, will have charge of all sales. There will be four booths, one for blooming plants, one for palms, one for cut plants and one for bulbs. The reception committee, which was appointed last night, will have charge of the receiving of the plants from outside the city and will take care of the other details of the opening of the* show to the public. They will also make arrangements for the reception to florists which will be held on Wednesday night. The reception committee is composed of T. V. Page, T. B. Alley, William Langstaff, J. B. Hatfield, John Hartje and Ciyde Power of this city, W. W\ Coles of Kokomo, J. A. E. iiaugh. of Anderson, and J. A. Evans, of Richmond. Three new members were taken into the organization last night. They are Charles Skjoldfer, E. Bertermann and J. R. Sharp. A paper upon the "Cineraria’’ was read to the society by Albln Schrieber. The officers of the State Association were elected early in the year and will have general charge of the show. They ure: President, J. D. Carmody; vice president. John Rertermann; secretary. R. A. McKeand: assistant secretary, Fred Hukrlede; treasurer, J. T. Huntington: superintendent or' hall, John Heidenrieeh; inspector of exhibits. Fred Hukrlede; judge, Theodore Baca of Hamilton. O. - """I — 11 mm —————— Nervous Exhaustion Horsford’o£c!j Phosphate is supremely beneficial. Shun Substitutes. Put up only in bottles.