Indianapolis Journal, Volume 49, Number 48, Indianapolis, Marion County, 17 February 1899 — Page 8

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Ribbons for a song Ribbons that are ribbons—rich, wide and beautiful —the kinds that are seldom to be found in the ordinary ribbon stock. In our Millinery Department, second floor, Friday, we offer the following-: Velvet Ribbons in almost all prevailing shades, No. 7 and No. 9,23 c to SWc a yard regularly, now to | S( . an( , |Q C Plain color gros grain and taffeta Ribbons, in very wide widths. No. 32 and No. 60, pink, lavender, green, gray, mahogany, brown, etc., Ribbons priS 1 a, hr “. Um . e *.. 1h ' , ..15c and 10c Narrow Silk Ribbons, Nos. 5, 7 and fit .. 8, a big variety, at, a yard A*'Fancy Gauze in No. GO width, quite a lot with dots and stripes, 43c to GOc a , yard regularly, choice Friday, at Fancy plaid and striped Ribbons in widths 6 to 8 inches, rich, heavy Ribbons that are not to be matched under GOc to 75c a yard; all the popular colorings included yard ls .. o " c r:. c . ho ! ce ’.. a . 25c and 20c Ehort lengths in handsome Velvet Ribbons, shaded, flowered and other fancy effects, 1 to 3% yards in a piece, at from %to x / z regular value But come Friday, and early if possible, Rnd remember the sale is in the Millinery Department, second floor. L. S. Ayres & Cos. Sole Agent* for Standard Patterns. ART EMPORIUM, Telephone 500. Twenty Five Scenes in Holland These twenty-five pictures painted by C. W. Hawthorne, of New York, will be on exhibit at our art gallery this week. The exhibit of sketches by newspaper artists (Mr. Frink's collection) will also remain this week. THE H. LIEBER CO. 24 West Wnshington Street. Manufacturers of Grilles and Fret Work. A Note of Spring ’Tis in the air. The cold spell has been spelled down. Valentine day has come and gone—the birds have mated and set up housekeeping. It is not a bit too early to think of spring needs in the house. Carpet is at the bottom. We have the carpet you have the house. You come to our house to see the carpet, and we’ll go to your house with the carpet and fix it “for keeps.” We have the most varied carpet collection in this region, at the most persuasive prices. Albert Gall Carpets, Draperies, Wall Paper 17 and 10 West Washing ton Street. Hardwood Floor* laid, finished and refinlahed.

Rings! Rings! We have just completed a large number of rings of the latest, newest, freshest designs In solitaire and clusters of various combinations. They are beautiful patterns and the prices are away down. Call and see them. QIDP 1 Importer of • DIAMONDS Room 4,18i North Meridian Street. INDIANAPOLIS, IN'D. $2.90 Gents* Enamel, Box Calf and Winter Tans—all Welt Shoes—excellent quality. All Winter Shoes at cost for cash. c. pribdgbn 21 North Pennsylvania St. -THE NEWHotel English Monument Circle Central location, absolutely fireproof magnificently furnished. Largest hotel In the State —300 rooms—first c’ass In every particular, at moderate rates. American plan *2 her day and upwards: European plan, $1 per Bay and upwards. Fifty rooms, with bath on the American plan, at $2 50 per day. Liberal rates by the week or month. INTERSTATE HOTEL CO. : : Proprietors R. B. F. PEIRCE’S ESTATE. ~ Appruiaed Value of Ills Library and Personal Property. Harold Taylor, administrator of the estate of Robert B. F. Pc irce, yesterday asked •nd was granted permission to take certain Action In the administration of the trust. The petition, of the administrator was passed on by the Circuit Court. The petition recited the fact that at the time of his death Mr. Peirce was one of the defendants in a suit against the Crawfordsville Water Company. The suit Is to recover penalties for the alleged violation of their duties by the officers of the company, in falling to make collections of capital stock and make annual reports. The administrator has now become a defendant to the suit and Is authorized by the court to have such depositions taken as are necessary and transact other business In connection with the suit. The administrator also shows that Mr. Peirce was president and one of the chief stockholders of the National Electric Headlight Company at the time of his death. Mr. Taylor says that negotiations were then pending for the sale of the concern, and he Is granted permission to proceed with the ■ale as contemplated by Sir. Peirce. Mr. Taylor filed a report with the court yesterday showing the value of Mr. Peirce’s personal property. His law library contained ninety-three volumes, valued at 1782.35. The total appraiser! value of his personal proparty is $1,447.35. duality. Purity nud Natural Dryness. Connoisseurs find these In O. H. Mumm's ICxtra Dry Champagne. Its importations in 18!$ were 86,855 cases, or 52.64,> more than any other brand. Only choicest grapes and first pressings used, hence never surpassed in duality.

CITIES AND TOWNS NEXT STATE BOARD OF COMMERCE TO TAKE ll* MUNICIPAL REFORM. No Date Fixed for Proponed Peace Jubilee—'The Intemtate-Coiu-merce CoinuiiKslon. - ■ At the closing sessions of the Indiana State Hoard of Commerce, yesterday, a number of important resolutions were adopted and the recommendations of the committee on nominations of officers for the next year were unanimously concurred in. The report of the nominating committee was signed by J. V. Rush, G. M. Crane, Alexander Johnson, M. S. Levering, Clarence A. Kenyon, J. F. Wildman and W. H. Craig. It w r as as follows; “The committee having in consideration the valuable services to the board and to the State that have been rendered by our presiding officer, Mr. William Fortune, and considering further that he is so thoroughly familiar with the work of the board in all Us details, take great pleasure in presenting his name to the board for president for the coming year. We also recommend the election of the following vice presidents from the thirteen Congressional districts of the State, to wit; First—C. A. Hugh, Evansville. Second—Mason J. Niblaek, Vincennes. Third—George H. Cardwiil, New Albany. Fourth—James H. Crozier, Madison. / Fifth—Charles H. Ehrman, Terre Haute. Sixth—William D. Foulke, Richmond.' Seventh—B. B. Martindale, Indianapolis. Eighth—William H. Eiehhorn, Bluifton. Ninth—D. A. Coulter, Frankfort. Tenth—J. O. Perrin, Lafayette. Eleventh—B. F. Louthain. Logansport. Twelfth—Samuel Foster, Fort Wayne. Thirteenth—James H. Slate, Elkhart. The executive board re-elected C. J. Murphy, of Evansville, secretary, and Mortimer Levering, of Lafayette, treasurer.

THE PEACE JUBILEE. There were two reports concerning a peace Jubilee, to be held in this city in celebration of Dewey’s victory at Manila, May 1 and 2, but inasmuch as this date might conflict with the efforts to get a big turnout at the encampment of the Grand Army of the Republic, a resolution simply providing for a Jubilee without naming the date was adopted as follows, on the recommendation of the committee selected the day before: "This board recommends the celebration of a peace jubilee lor Indiana at Indianapolis and in the event that the Indianapolis organizations will undertake such a celebration we pledge the efforts of this board to secure the active and hearty cooperation of other cities of the State.” On the motion of Russel M. Seeds the board reaffirmed Itself as favoring the passage of laws by Congress giving permanent form to the gold standard, in favor of which the people have twice declared themselves at the polls. The resolution, copies of which are to be sent to the representatives in Congress, was as follows; “This board notes with pleasure the progress being made in Congress toward the enactment of monetary legislation and again urges upon Congress the fact that its most important duty lies in the work of simplyfytng our currency system and giving the permanent form of law to the declaration for the gold standard, twice made by the people at the polls.” In accordance with views expressed at the morning session concerning the usefulness of the work performed by the Indiana Farmers’ Institute, a resolution was introduced by Alexander Johnson, of Fort Wayne, providing for an increase in the annual appropriation of not less than slo,<Xki. It was adopted without dissent. Considerable discussion followed the introduction of a resolution by E. H. Evans, questioning the efficiency of the present in-terstate-commerce laws and calling upon Congress to secure better legislation. The resolution was referred to the committee on transportation, with authority to take such action as may be deemed advisable. Mr. Evans’B resolution read: “Whereas, through decisions of the courts and through circumstances unfoieseen at the time of the passage of the act to regulate commerce, said act has become inoperative in Its greatest field; “Whereas, unjust discriminations are being practiced by the railroads of the country threatening the stability of business: "Resolved, That the Indiana Board of Commerce hereby requests the senators and representatives from this State to advance or advocate at an early date legislation that will properly control interstate commerce and insure equitable rates of transportations to individuals and localities.” One of the most important features of the board’s meeting yesterday forenoon was the submission of a lengthy report by Augustus L. Mason, of this city, chairman of the committee on municipal affairs, in whicn it was urged that the Indiana State Board of Commerce, after it has accomplished what it has undertaken with reference to reform in county and township government, may well turn its attention to laws governing municipalities. In the course of the report Mr. Mason said: "At the last meeting of this body this committee recommended the prosecution of the movement in favor of county and township reform which had been begun with the organization of the Indiana State Board of Commerce. The report went on to say that after the meeting a year ago the executive committee, in furtherance of plans for educational viork, asked Chairman Mason to furnish brief articles for newspapers of the State, which was done. Notwithstanding the alarms of war, the subject was widely discussed, and both political parties recognized the demand for reform to the ’extent of placing a declaration in favor of It In their platforms. The report reviewed the efforts that have been put forth, including the preparation of the county reform bill, embracing principles suggested by My. Mason a year ago, particularly the county council. Features of the county and township bills were both discussed. ‘lt cannot be doubted,’ says the report, ‘that these bills are framed upon the soundest principles of American Jurisprudence, nor that in particular they localize government more effectually, give the people a larger and more effective control over the levy of taxes and expenditure of money, and introduce into our local government those checks upon official extravagance, corruption or mistake which have been approved throughout this country as those best fitted to free institutions.’

“It is not to be supposed, however, that the bills pending before the Legislature cover the whole field of local reform, either In county or township government. Much yet remains to be done. Even should these bills become law there still remain for revision our road laws, ditch laws and the office of Justice of the peace. But, still more Important, it must be remembered that the Indiana State Board of Commerce has declared in favor of the reform, not only of county and township government, but also of the government of cities and towns. It cannot be successfully questioned that the government of our smaller cities and towns Is susceptible of the greatest Improvement. The vice of the government of our small municipalities is that the same body of men combine both executive and legislative powers; the same men levy the taxes and spend the monev. This evil is much similar to that which would exist in State affairs if our State tax levy and State appropriations were made by the trustees of our benevolent and penal institutions instead of by the Legislature.” In fine, Mr. Mason expressed the opinion that the physical well-being of the people, the external appearance of streets and public places of cities and towns would be greatly advanced by a revision of the laws. “But any such law,” he continued, “should leave it optional with each city or town as to whether It should adopt the new law for Its own government.” The committee recommended that the board continue to urge revision of laws and also suggested for discussion and Inquiry the powers exercised by school boards and trustees. No matter how good laws may be enacted, the report concluded, the results hoped for will not be realized unless the taxpayers see that proper men are selected for county councils and township advisory boards. Alexander Johnson, chairman of the committee on agricultural and mineral resources. presented a report in which he urged the necessity of careful thought on the part of agriculturists to prevent Indiana lapsing into comparative poverty in this respect through an exhaustion of the soil. Notwithstanding the great manufacturing interests, the State must remain chiefiv agricultural. He considered the chief consideration to be to keep the soil fertile. He b“H< ved that thousands of acres which have been abandoned oould he reclaimed by scientific efforts. By abuses, largely due to ignorance, much land that seemed inexhaustibly fertile when cleared of the native forests has lieceme sterile. In discussing the subject Governor Mount thought that Mr. Johnson had done well to call attention to the subject. Agriculture, said he. has been and must continue to Ire the foundation of the State’s prosperity. Rapid increase in population makes the question of food supply of great moment. President Eliott, of Harvard, called attention to the fact that In the twenty-eight years front 1800 the population had doubled, and that, too. In time of civil war. This increase would give KW.OOO.OOn population by the close of the century. If this country

THE INDIANAPOLIS JOURNAL, FRIDAY, FEBRUARY 17, 1895).

continues to double Its populaß oll - he asked, whence must come the food and clothing? “Indiana as a Live Stock State” was the topic of I*rof. C. S. Plumb, of Purdue University. Indiana, he showed, was falling behind sister States in this industry. There was further discussion of this topic at the afternoon session, Mortimer Levering and Alexander Johnson speaking along the lines indicated by Professor Plumb. W. B. Holton, of this city, read a paper on “Good Roads” at the afternoon session, which was followed by a discussion of the subject by Daniel B. 'Luten, of Lafayette. Mr. Luten said that there are 60,000 miles of roads of all kinds in Indiana, of which 52.000 are dirt roads and 8,000 miles gravel roads. Mr. Luten spoke of the public roads In France as the most admirable in the world, but admitted that under present conditions the system there prevailing could not be introduced here. The whole problem of better roads, he thought, might be solved, or a long step toward its solution taken, by appointing road attendants, each one of whom should look after ten or fifteen miles of road, devoting his entire time to it at a salary of S3OO to S7OO a year. This plan, he believed, would be found the most satisfactory and economical, and far in advance of the present system of farming out road contracts by county commissioners to political friends and favorites to whom they were under obligations. FROM THE FOURTH STORY ADOLF SCHLEICHER KILLED IN THE FITZGERALD BUILDING. Lost Hi* Balance AYl.lle Sitting on a Hailing'—Prominent in Business Circles. Adolf Schleicher fell from the fourth floor through the open court of the Fitzgeraid building at 3:30 o'clock yesterday afternoon and died at 5 o’clock without having regained consciousness. He had gone to the building from his store, on North Meridian street, to look at some work his men were doing. On the fourth floor of the building he met Hervey D. Vories, who has a business college on the fifth floor. Mr. Schleicher laid his overcoat across the rail of the balcony and sat on It, locking his feet in the ironwork supporting the rail. He asked Mr. Vories for several names which he wished to use and wrote the names in a memorandum book. When the two men finished their conversation Mr. Vories turned away. Mr. Schleicher disengaged his feet from the ironwork, his overcoat slipped on the rail, he lost his balance and toppled over backwards. Mr. Vories heard a cry and turned around just in time to see Mr. Schleicher’s upheld hands disappear. The young man at the cigar stand on the first floor also heard the cry. He loked up and saw Mr. Schleicher falling and saw him strike the tiled floor. He struck on his feet. The cries of horror following the affair brought a crowd of people out of the offices. George W. Powell, who had known Mr. Schleicher twenty years, was one of the first to reach his side. As he did so Mr. Schleicher rose a little way from the floor and fell back.

Mr. Schleicher’s son Adolf and Dr. G. W r . Combs were called. The injured man was carried into one of the offices and laid on a couch. Dr. Combs said the injuries were fatal. Mrs. Schleicher arrived in a short time. J. Burgess Brown, the father of Mrs. Schleicher, was also present. He was in an office on the second floor of the building when his son-in-law fell. As he left the office he saw the crowd on the floor below and circles of people around the well rails on the floors above, ail looking at the prostrate form on the ground floor. As he left the building he met Mr. Schleicher’s son hurrying in. He knew by the expression on the young man’s face that he was connected with some distressing occurrence and he turned back. The body of Mr. Schleicher was taken to the family home, No. 1914 North Delaware street. The time of the funeral was not decided last night, but it will probably be Sunday afternoon. Miss Gertrude Schleicher, the eighteen-year-old daughter of Mr. Schleicher, is ill with scarlet fever. The other children are Adolf, twenty-one years; Benjamin, fourteen years old, and Frederick, three years old. Mr. Schleicher was born at Stuttgart, Germany, forty-five years ago. Until he was eighteen years old be was employed as clerk in a banking house. Then, by arrangement with his cousin, Albert Gall, of this city, he came here and engaged as a bookkeeper in Mr. Gall’s store. Twelve years ago the firm of Eastman, Schleicher & Lee, dealers in carpets, wall-paper and the like, was formed and continued in business eight years. Then fire swept the company’s building and destroyed everything. It was a heavy loss. Mr. Schleicher returned to Mr. Gall’s employ and was with him several months. He then Joined with Herman E. Martens and they stocked a store on North Meridian street. Several fires occurred in the store. Last December Mr. Schleicher bought Mr. Martens’s interest In the business. He had been married to Miss Elizabeth Brown, daughter of J. Burgess Brown, in 1876, and she survives him. Telegrams were sent last night to Mr. Schleicher’s two sisters, one of whom lives in Chicago and the other in Milwaukee. His mother lives with the sister in Milwaukee. Dr. Combs said last night that both Mr. Schleicher's thighs were broken and the internal injuries were extensive. The direct causes of death were a concussion of the brain and hemorrhage Into the lungs. Minor Accident*. Henry Weber, employed by the Parry Manufacturing Company, was injured yesterday by a heavi box of iron falling on his leg. The leg was broken and he was removed to his hone at 32 Wisconsin street. Dr. C. I. Fletcher attended him. Henry Lentz, a;ed fourteen, living on the Craw fordsville p.ke near the city, was brought to Dr. C. I. Fletcher’s office yesterday suffering from a knife w T ound In his arm. While playing with some boys near his home one of the lads became angry and attacked him with a knife. John Griffin, residing at Sll Maple street, proprietor of a saloon at 701 West Washington street, fell from a street car at the corner of Washington and Blackford streets, last night, receiving rather serious injuries. He claims that the car did not stoo in response to the conductor’s signal, and that as he attempted to alight he fell, striking upon his forehead. He was treated by Dr. Eisenbeiss, who found that his forehead was badly gashed and his spine somewhat injured. ENOS HEGE DEAD. Expireil on Day of Hi* Aged Mother** Funeral. Enos liege died yesterday morning at his home, No. 511 North New Jersey street, and his mother, who died Tuesday at Cedar Hill, 0., was buried yesterday afternoon. He was stxty-one years old and she ninety-five. He died of a disease of the lungs and she of exhaustion. Mr. Hege was a bridge builder and stone work contractor. He laid the foundation of the soldiers’ and sailors’ monument and constructed the tunnel under the Union Station and the Pogue’s run levee. He was born in Cedar Hill, G. When he was a young man he moved to Columbus, Ind., where his two brothers, Samuel ana Levi, now live. After the close of the civil war he came to this city and engaged in business. Four years ago he had a severe attack of grip, from which he never entirely recovered, and which at last caused his death. His wife survives him. Their only child died in infancy. Mrs. Louise Burgette, of this city, is a sister of Mr. Hege. Funeral of H. F. Conner. Adjutant General Smock, of the G. A. R., yesterday went to Noblesville to attend the funeral of B. F. Conner, formerly a resident of that place, but who, of recent years, has resided here. He was a member of George H. Thomas Post, of this city. After his death here the body was taken to Noblesville for burial. lr corporations. The Capital Land and Gravel Company, of this city, capital $15,0j0, has filed articles of Incorporation. The company will excavate sand and gravel, crush stone and buy and sell street material. James W. and John J. Johnson, Peter C. Weyenberg. Nathan R. Sthooley and Benjamin F. Nysewander are the directors for the first year. Articles of incorporation ware also filed by the Bourbon Water and Light Company, of Bourbon, capital SII,OOO, and the Patter-son-Busby Company, of this city, capita! $21,000. which is to manufacture hoops, staves and barrel headings. William O. and Callie A. Patterson. Charles E. Busby and Janies Murd-ck arc the directors.

THE DIVORCE SET ASIDE - JUSTUS AND HIS WIFE WIRED THE COURT FROM CHICAGO. Claimed He Surreptitiously Obtained the Decree Here—Difference* Probubly Settled. 4— Judge Leathers, of the Superior Court, yesterday set aside the divorce which he granted a few weeks ago to John W. Justus from Flora Justus. The latter lives in Chicago, and her petition to have the decree sot aside on the ground that it was fraudulently procured was filed with the court last Monday. Judge Leathers took action on the petition sooner than he had expected. The petition was to have been heard a week from to-morrow, and it was the arrangement to have Mrs. Justus come here and testify against her husband. Yesterday morning Attorney John M. Bailey, who brought the divorce suit for Justus, was called up by long-distance telephone and had a talk with his client, who said he was talking in the office of his exwife’s attorney In Chicago. lie said his wife was there also, and that they wanted the divorce set aside at once. Attorney Bailey suggested that they would have to notify the court themselves if they wanted this action taken. Later in the day Judge Leathers received a telegram signed by John W. Justus, Flora Justus and her attorney, requesting that the decree be set aside. The request was granted without further ceremoney. Attorney Bailey, during his talk over the telephone, gathered that Justus and his wife have probably settled their differences and will live together again. Last Monday, when Mrs. Justus’s attorney was here, he stated that Justus had been arrested in Chicago for wife desertion and that his case would come up to-day. TO OUST HABICH. Proceeding* Against Ex-Justice of the Pence Heard. Judge Carter, of the Superior Court, yesterday heard argument in the quo warranto proceedings brought by Edwin B. Pugh, county prosecutor, against Justice of the Peace Hableh. The action is to oust Justice Habich from the office it is claimed he is illegally holding. A demurrer was filed to the prosecutor’s complaint, and the argument was heard on the demurrer. Attorney L. D. Hay appeared for the State’s attorney. Justice Habich was represented by John Leyendecker, B. F. Watts and Wilbur F. Browder. The defendant’s attorneys argued that he was appointed to the office of justice of the peace in October, 1894, and was to serve until his successor was elected and had qualified. While it was admitted that several justices of the peace were elected at the last general election, it was held that. n<r one of the justices had been selected to succeed the defendant. The contention on the other side was that Justice Habich’s time expired with the last general election, and that he is now holding his office illegally. It was maintained that it was not necessary to specify who should fill Justice Habich’s office. The court did not give a decision yesterday. It desires to look up some of the authorities submitted before passing on the question. Will Protect tbe Grandchildren. Judge Allen, of the Circuit Court, yesterday heard evidence relating to the claim of Mary L. Schackel against the estate of her father, Anthony Schackel, for $1,400. The woman is seeking to recover this amount for services in waiting on her father for four years prior to his death. She is the executrix of the estate. It developed yesterday that Anthony Schackel left a will In which he bequeathed his real estate—a for-ty-acre farm in Cent;r township—to his daughter. In his will he provided that the amount of a note held by a son-in-law should be paid to three of his grandchildren. Judge Allen, on learning this, reasoned that if the daughter was allowed her claim of $1,400 there would be little left to pay these grandchildren. He told the claimant that he would not decide the matter until- these, children had been notified of the claim and were given an opportunity of contesting it if they desired.

Divorce Complaints. Nettle Goudy brought suit in the Superior Court yesterday for divorce from James W. Goudy, to whom she was married in January, IS9B. She says he has abused her and w r as fined in Police Court for mistreating her. Homer Jones seeks a divorce from Rebecca Jones, w'ho, he says, has deserted him. They were married on July 4, 1872, and the plaintiff came, to Indianapolis from Cincinnati in 1896. He says it was necessary for him to ccme here to get employment. When he left Cincinnati, he says, he instructed his wife to follow him to Indianapolis, but she refused to do so, and has since declined to live with him. Huntington Church Trouble. An appeal was filed in the Supreme Court yesterday in which the troubles In the United Brethren Church at Huntington are recited. James M. Hatfield, a member of the General Conference of the church, was expelled. He claimed that the pastor of the church and the presiding elder of the district had a personal spite against him. The ease reached the Circuit Court, and a decision given there being against Hatfield, he has come to the Supreme Court for relief. Petitions In Bankruptcy. Petitions in bankruptcy were filed in the United States Court yesterday by John Ts. Hoppes, Win. W. Steel and Homer Steed, all of whom are Jay county farmers. Calvin Laud to Reform School. In the Criminal Court yesterday Judge Alford sent Calvin Land, fifteen years old, to the Reform School for Boys. The boy is said to be incorrigible. TIIE COURT HIJCOUD. Supreme Court. 18517. Stark vs. Bindley. Clay C. C. Affirmed. Monks, C. J.—l. Where a person who Is held to answer a charge of felony, by a justice of the peace, gives a recognizance to appear at the next term of the Circuit Court, It is the duty of the clerk of the court to docket the case for the term t which such person has given bond to appear. 2. An action for malicious prosecution cannot be maintained until the prosecution complained of has been legally terminated In favor of the defendant therein. 3. Where a person was held to answer the charge of larceny by giving his recognizance to apCear before the court at Its November term, ut the grand jury being in session for the September term, at which time the recognizance was given, took up the investigation of the charge against such person and indorsed the word “ignoramus” upon the papers which were certified by the justice of the peace before w hom the action was commenced and who bound the defendant over to the Circuit Court, such indorsement, although signed by tne foreman, did not amount to an acquittal or discharge, but w r as a mere nullity, as the grand jury at the September term had no jurisdiction of the defendant. Appellate Court. 2710. Indiana Insurance Company vs. Pringle. Johnson C. C. Reversed. Comstock, J.—l. In an action seeking a recovery upon a tire insurance policy it is sufficient for plaintiff to aver in general terms the performance upon his part—he being the insured—of all the terms of the? policy. 2. An insurance adjuster may waive requirements from an insured, as required by the policy. 3. When the court, by an instruction, undertakes to state the material averments of the complaint it Is error to omit any material averment. 4. An instruction to the jury should not disregard the provisions of the instrument upon which a recovery is sought to be had. 271(5. Gilmore vs. Ward. White C. C. Affirmed. Robinson, J.—l. Where a complaint is in three paragraphs, to which a demurrer was addressed as fallows: "The abovenamed defendant demurs to the plaintiff's complaint in the above entitled cause, and for cause of demurrer says all and severally the following: 1. That the said complaint doe? not state facts sufficient to constitute a cause of action against the defendant. 2. That neither paragraph of said complaint stales facts sufficient to constitute a cause of action against this defendant.” such demurrer is joint and not several. 2. In an action to recover money upon a contract the suit constitutes a sufficient demand. Superior Court. Room I—John I* McMa-ster, Judge. Abe Schuler vs. Annie Schuler; divorce. Finding for defendant. Judgment against

The Equitable Life Assurance Society OF THE UNITED STATES. Outstanding Assurance, Dec. 31, 1898 $987,157,134.00 Assurance Applied for in 1898 198,362,617.00 Examined and Declined 30,318,878.00 New Assurance Issued 168,043,739.00 Income in 1898 50,249,286.78 Assets Dec. 31, 1898 258,369,298.54 Assurance Fund ($ 198,898,259*0°) an d all other Liabilities ($2,160,550.27) 201,058,809.27 Surplus 57,310,489.27 Paid Policyholders in 1898 24,020,523.42 r. 13. SHIDELER, Mnnajcer, HENRY B. HYDE, President. o.w.™teweo.™X 00l Indiana Trnut Building. B. A. RICHARDSON, Mnnnger, J. w. ALEXANDER, V.-P. K x„„ IT , M * r,I ' ,S, " M ' 600 Indiana Trust Building. WM. T. TASKER, Cashier Indiana Agencies, 600 Indiana Trust Building.

plaintiff for cost. Ordered that plaintiff pay Into court the sum of S2O for defendant to cover her expenses of defending' this action, said sum to be paid $lO in thirty days and $lO in sixty days. William Deerlng Company \9. Braningan et al. Finding and judgment for plaintiff against defendant for $1,t>53.45. Noble P. Howard vs. Orphilo Irwin. Plaintiff dismisses. Judgment against plaintiff for costa. " _ Nancy Wadsworth Bass vs. Elizabeth C. Magley et al. Evidence heard. under advisement. Joseph H. Hamilton vs. Laura Harper. Appeal dismissed. Judgment against appellant for costs. Room 2—James M. Leathers, Judge. Thomas A. Jeffery et al. vs. Wayne Township; damages. Dismissed at plaintiff’s cost. Charles H. Allison vs. William B. Rutter; note. Finding und judgment against delendant for s6<i.so and costs. James A. lsgrigg vs. Carl W. Mendenhall et al.; foreclosure mechanic’s lien. Submitted to court. Jefferson Montgomery et al. vs. William J. Roach; commission. On trial by court. Room 3—Vinson Carter, Judge. William H. Coble vs. R. M. Cosby et al.; mechanic’s lien. Finding for defendant. Judgment against plaintiff for costs. Eli A. Allen vs. Malissa A. Smock et al.; damages. Finding and judgment against defendant for $148.75 and costs. Kate McEiwaine vs. Henry McElwaine. Divorce granted plaintiff, with custody of children. Judgment against plaintiff for costs. Circuit Court. Henry Clay Allen, Judge. Eva Bryan vs. David C. Bryan. Submitted to court. Evidence heard. Finding for plaintiff. Decree of divorce. Costs paid. Amanda H. Ramsey vs. Kate Egan; slander. Dismissed by plaintiff. Judgment against plaintiff for costs. Edward Rose et al. vs. Thomas P. Hervey et al.; partition. From Hancock county. Submitted to court. Evidence heard. Finding for defendants on complaint and crosscomplaint. Judgment quieting title in defendants. German American Building Association vs. Minta H. Harrison et al.; for recovery. Jury retired and returned against Minta H. Harrison for $330.50 and verdict lor John A. Harrison. New Suit* Filed. Homer Jones vs. Rebecca E. Jones; suit for divorce. Circuit Court. Nettie Goudy vs. James W. Goudy; divorce. Superior Court, Room 2. Flavius J. Van Vorhis et al. vs. Mary E. Shortridge et al.; suit to foreclose mortgage. Superior Court, Room 3. Indiana Mutual Building and Loan Association vs. Catherine Stewart; suit to quiet title Superior Court, Room 1. R. T. Levy et al. vs. Edwin F. Shideler et al.; suit on contract. Superior Court, Room 3. Sarah E. Potter vs. Carrie Phillips; chattel mortgage. Superior Court, Room 3. Indiana Bond Company vs. Victor M. Backus et al.; improvement lien. Superior Court, Room 2. Lida Anderson vs. Harvey Anderson; suit for divorce. Circuit Court. I henias Rader vs. Mary Rader; divcrce. Superior Court, Room 3. Adam Hahn vs. George Colvin; suit on account. Circuit Court. Indiana Bond Company vs. Marietta Myers et al.; improvement lien. Superior Court, Room 1. CALL TO A PEORIA MAN. C'ollege-Avennc Bnptlit Church Want* liev. L. Kirtley.

Last night the congregation of the Col-lege-avenue Baptist Church voted to extend a call to Rev. L. Klrtley, of Peoria, 111. A committee, consisting of Messrs. Fulmer, McGuire, Jameson, Billingsley, Srnock and Mrs. Lowe, was selected to formally notify Dr. Kirtley of the action taken. Dr. Kirtley occupied the pulpit of the church the second Sunday In January and made a favorable Impression. It was decided to call him last night by a vote of 75 to 2. He now receives a salary of $2,500 a year, but has partially indicated that he would come here for less, and the committee was authorized to contract for from $1,900 to $2,000 a year. Dr. Kirtley is about fifty years of age. He has a wife and three sons, the eldest of whom is now in the University of Chicago. The minister was educated in William Jewell College, of Missouri, of which State he is a native, and also at the Crozer Theological Seminary, Philadelphia. For seven years he was a pastor in Jackson. Mich., after which he held a pastorate of nearly nine years in Terre Haute, five years ago going to Peoria. The pulpit of the Collegeavenue Baptist Church has been vacant nearly eleven months. The former pastor, Rev. Calvin A. Hare, now occupies a pulpit in Philadelphia. The expressions last night were quite hopeful that Dr. Kirtley would accept the call. INVESTIGATION A FARCE. Council Democrat* Are Sot Anxious to Pursue It. The Council committee on investigation and impeachment, which has been Inquiring into reports of a corruption fund in the purchase of the Riverside Park system, will meet to-night and formulate a report to be submitted to the Council. The committee will probably find that William H. Watt was responsible for various stories that were street talk and which were published early in the winter. The two Democratic members, Costello and Madden, decided to close the investigation over the opposition of Allen. Republican, Wednesday night, when Mr. Watt, his son-in-law, Isaac Pugh and 11. Waddell, a real estate man, failed to appear. Waddell and Watt had both appeared before the committee, but Mr. Allen was anxious to have them recalled. Mr. Pugh has not been examined at all, although witnesses testified that what information they had came from him. It is understood that Mr. Allen was opposed to the. abandonment of the inquiry until every course possible to get at the bottom of things had been pursued. Nothing was brought out concerning the purchase of the entrance to Garfield Park, concerning which Mr. Allen had heard a peculiar report. It was his desire to require William

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H. Watt to prove just what disposition he made of the money paid to him, whether it was deposited in bank or otherwise disposed of. There has been some surprise that no member of the Board of Works nor any other city official that had a hand in purchasing the parks was called before the committee. The Demociatic members, however, Insisted that they had nothing to do with ascertaining whether the prices paid were too high. The majority report of the committee will doubtless seek to make a scapegoat of Mr. Watt, notwithstanding it is said he always had a good reputation for truth and veracity until he became mixed up in the park deal. An afternoon paper said yesterday that the committee was of the opinion that the general disappearance of the witnesses that had been summoned for Wednesday night, but whom the police could not find in time to serve the subpoenas, was not an accident, “but that someone had advised the interested parties to avoid the blue coats who were to serve the subpoenas.” Under the charter, Section 27, the Council is empowered to compel the attendance of witnesses from any part of the county, and might, if necessary, appeal to the Circuit Court to punish those refusing to come before it for contempt. The Polo Game To-Mglit. The first real test of the playing abilities of the Cyclorama polo team will come tonight, when Manager Relck’s men will try to down the strong Richmond team In the Cyclorama Rink. Manager Henley has brought over the cream of his aggregation for the occasion, while Manager Reick will also line up his men to the best advantage. The two teams will oppose each other In the following order: Cycloramas. Richmonds. Fisher First rush Sells Wise Second rush Borden Clemens Center Williams Mack Half back Byers Allen Goal Jesup The game will begin promptly at 9 o’clock. Not only are the Richmonds conceded to bo strong players, but it is admitted that they are among the trickiest in the business. One of their strong points is to arrange in advance with their opposing team that when a man is prevented from playing by a broken skate time shall be called until it can be fixed. In this manner when the Richmonds find that there is danger of their opponents scoring a goal and are pressing them hard it has been the custom, so it is claimed, for one of the Henley men to find his skate suddenly broken and ask for a suspension of hostilities. This scheme will not go to-night, as Manager Reick will insist at the start that when a player Is disabled from any cause a substitute must be called in to take his place without Interrupting the game. Sprliiß' Style llat, ISU9, At Seaton’s Hat Store. The Grip Ha* No Terror* as long as you use Heart Chocolates. They are acknowledged by doctors* the quickest and best remedy for it. 50c. All druggists. Insure with German Fire Insurance of Indiana. General offices, 29 South Delaware street. Fire, tornado and explosion. Gray iron castings, Ellis & Helfenbergcr. Phone 958. 366 South Senate avenue. Feed your horse JANES'S Dustleas Oats. Wegman pianos. Carlin & Lennox. 9 E. Mkt. st. Card Cases and Purses New Colors. New Ideas. We are showing' the latest shades in fine Leather Goods, and solicit jour inspection. We show a line distinctly original, and the quality is of the highest order. Julius 0. Walk, J 6 go n, INDIANA'S LEADING JEWELERS Established 185$. Dealers In Diamonds.

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