Indianapolis Journal, Volume 50, Number 276, Indianapolis, Marion County, 3 October 1900 — Page 6

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THE INDIANAPOLIS JOURNAL, WEDNESDAY, OCTOBER 3, 1900.

JOLR.fAL'S mSINGSS DIIXCCTOnT. Wm. L. Rice. t.'3 West Michigan street. TeleihMiM: Old. 2s7i; new. Territory west of vvhtt riTer. COAL COAL Ccburn Coal Co.. East 224 L Anthracite, fok. hard nit oft coal. 'Hhon IiERTKUMANN FLOTiAL company. New No. 241 Mt. a.. N. Dl. at. TeL HO.

MA.vrUl.S AN I OUATES P. M. PC Its ELL (Mantels. Furnaces). sei Mm. T, V. IL LOCK WOOD. Ali-Ali Letncke bulMInc. bAl.K AND LIVKHY STADLES HORACE WOOD (Carriages. Traps. BucktcArdseteJ Circle. TeL 1087. 61iv OASES WILLIAM WEXGEL. 243 South Meridian Street L -N I K i i T A K K I IS ' FRANK RLANCIIARD, 33 N. Delaware L Tel. 411. Lad7 Attendant. WALL. J'AI'KHSII. C. STEVEN'S. New gtyl Wall Paper, Low prices. SC? ?. Senate ave. Tel. 3 on 2ZLX. FUNERAL DII1CCTOUS. FLANNETt & BUCHANAN a-lcensed embniraers.) Can ship diphtheria and scarlet fsTer. Lady embalmer for ladles and children. 320 North UMnoia ft. Telephone 641, new and old. Old 2i0u C E. KREOELO. New 2-0. FUNERAL L I HECTOR, 223 N. Delaware Ft. Residence- 12J E. Vermont St. (Colonial Flats.) New Phone, 1749. FIX AX CIA L. LOANS Money oa mortgages. C F. SAYLE3, U7 East Market street. LoANti On city troperty; 5 rr cant.; no commiaslon: money ready. C. N. WILLIAMS & CO.. 31 Leircke building. MONEY-To loan on IndUna farms; lowest market rate; privilege for payment before due; we alsn buy municipal bond. TilOS. C. DAY & CO Rooms. &JS-&12 Law bulidln. Indianapolis. STORAGE. KTnnAr.R-INDfLS WAREHOUSE CO. W. JE. Kurtz. Pres. II. A. Crossland, Mgr. (New) 517-523 S. Fenn. 'I'hone 1343. We STORK. PACK, and HAUL. STORAGE The Union Traneier and Storags Company, corner East Ohio street and Decline tracks: only first-class storage solicited. C KATING AND PACKING. OF HOUSEHOLD GOODS A SPECIALTY. FOR IlKXT ROOMS. rnn llfTST Room for rent. Jl a week and upwsvds. Lodging, cents. Meals. 15 cents. S10 AVest Maryland street. i'OK RENT Room with modern conveniences and board. A a-ood home table. Both tor $.25 ptr month. Ten squares from Circle. Heat of references. Address It 23, cars Journal. FOR SALB r no oar f X I a- snapltv A(Y vttl. Ions; In good condition; will sell cheap. In Outre at CLalfant, Pennsylvania and Michigan, Of W. L LARUE. WAXTED-JIALD IIKLI. WANTED Mill wTlehts wanted to erect iOObarrel mill. Work Just commencing. WIU pay 30 cents an hour and board to competent men. Apply at once, CAIRO MILLING COMPANY. Cairo, I1L WANTED For U. 8. Army: Abie todled un married men between ages or 21 and Jo; cmsens of United States, of good character and temperate habits, who can speak, read and write English. Recruits are specially desired ror service In Philippines. For information apply to Recrultlna: Oiflcer, 25 N. Illinois street, Indianapolis. Jnd. WANTEDHELP. WANTED A rood whit cook. In small family. at 1740 North Meridian street. References re quired. W ANTED AGENTS. 1GEJKtT'VANTEDtT lsb; something entirely new; excellent chance to make money. Address b. w. 11.. Journal. WANTED Agents Wsnted "Galveston: The Horrors of a Stricken City," by Murat llal- . stead. Fully illustrated. Fastest selling book ever published; only J1.50. Best terms guaranteed. Outrtt free. Be quick. J. S. ZE1ULER & CO., Chicago, 111. WANTED MISCELLANEOUS. WANTED Dental work free at Central College of Dcntis-try, southwest corner of Ohio and Illinois struts. No charge, except lor cost of materiaL AUCTION SALE. AUCTION SALE To Deslers and Consumers Ohio Wine and Liquor Company will offer at auction töo.000 worth of imported wines, liquor j. etc. at auction. In cases. kegs and barrels. Sale to commence W eunesday. Sept. 13. at 10 a. m. and 2 p. m.. and to continue until all or most of stock 1 sold, into is the largest sale of Us kind ever offered at auction. OHIO WINE AND LIQUOR COMPANY, South Illinois street. near union Railroad fetation. NOTICE. NOTICE We absolutely cure diseases of every name and teach others the art and how to cure themselves. We al.o give absent treatment. See us at or write to 3.6 North Illinois street. Yours for good health. PROF. JOHN W. SIQAFOOSE. Magnetic Healer. LOST. LOST Oct. 1. grocer's order hook from burn - (Srrague Warner), return to Robert Keller (Ardmore). and receive reward. LOST Breast Pin. with coral head, on Washington street. Pennsylvania street or Massa chusetts avenue. Please return to 320 North New Jersey street and receive reward. LEGAL ADVERTISEMENTS. State of Indiana. Set: In the Supreme Court. Sarah A. Miller vs. David A. Coulter et al. Ko. 1W02. Afix-ai from Clinton Circuit Court. Whereas, it appears by affidavit filed that Barzall B. Bradley is a nonresident of the State Of Indiana, and a necessary party to said appeal. Now. therefore, the said nonresident aireliec above named is hereby notified that on the i3d day of June. HkM. the said Sarah A. Miller med in the clerk s ofn cf the Supreme Court of Indiana, a transcript of the record and troceedln;? in a certain suit appealed from the Circuit Court of Clinton county, Indiana, in vnicn sata yaran a. Miner was plaintiff, and said David A. Coulter et at. were defendants: and said above-named nonresident appellee Is hereby noticed to appear at the Supreme Coutt rcum. In Indiana poli. Indiana, before said ?upreme Court on the 3th day of November. 10. and defend said appeal. ele the same will be proceeded upon in his absence. - Witness my hand and the seal of said court, this 24 day of October, l). ROBERT A. BROWN. Clrk Supreme Court. Indians. Decatur & Western Railway Co. Of fice of the Secretary, Indianapolls. Ind.. Sept. 13. 10. Notice Is hereby given that the annual meet ing of the stockholders of the Indiana. De catur & Western Railway Company will be held at the omce or tne company in Indianapolis. Ind., on Wednesday. October V). I'joo. at 1 o'c!ock p. m.. for the election of three directors and the transaction of such other business as may properly come before the meeting. GEORGE R. BALCH. Secretary. AT A TENDER AGE. Tonng reoplc Get 3Inrrlnjtce License with Consent of Parents. Yesterday was what might be called kindergarten day In the marriage license department of the country clerk's office. Five licenses were Issued that reouirerf mn. rent of rarents for one or the other of the contracting rrson?. These licences were lsud to Joshua HoMlnir and Elizabeth IIufTer. sixteen: Thomas P. Egan, twenty, nnd Mary J. Rucke!, twentv: Arthur i Kessler, twenty, and Maud Miller; John C. Thom.ns and Elle Blanche Stoops, seventeen; James Tobln and Josephine Drake cixieen. TOR A COUNTRY VILLA. D. M. Parry l'arcbnieü Ground Soatb of the? Conntrr Club. D. M. Parry yesterday closed a deal by h!ch he purchased from John C. Shaffer, vt Chicago, twenty-six acres of land lying lut south of the Country Club, known as "GoMcn Hill." paying for it the sum of fww. it is Air. I'arry s intention to build a handsome country villa on his newly-ac-tVilreC property- The surrounding grounds will Ikj laid out in artistic manner lv a landscape gardener. v?ho will be brought "GARLAND STOVES AND IIAXGCS Awarded highest prize Parts exposition 1900.

FACTORS IN PROSPERITY

LESSOX TO BE DRAWN FIIOM THE PE.XXSYLVAXIA'S ANNUAL IlEPOUT. Interlocking riant Operated by Air Unit N'ott Low Enough to Please Conservative Officials. A Kansas paper says the statement of the Pennsylvania Railroad earnings reads like the advance sheet of a prosperity administration, and then adds: "Pessimists may harp and partisans decry the prosperity nearly everywhere In evidence, but there are certain factors which rise above politics and tell their own suggestive story. Railroad earnings are one of the factors. The total earnings of the Pennsylvania Railroad for 1000 were eS0,304,33L against 67,119,533 the year previous, and net Income C2.0C6.555, against $26.436.220 In 1898, and surplus $3,437,425 In 1900, against lö.OG last year, and the net surplus over the previous year $3,423,672. Passenger revenue increased $2,151,353, while freight traffic Increased $3.020,473. This company carried 4,501,231 more passengers than the previous year and 36,C804S37 tons of freight in excess of 1S33. The man must be dull Indeed who cannot read the significance of these figures." St. Loots Southwestern Report. The SL Louis Southwestern Railway Company has Issued it3 pamphlet report for the fiscal year ended June 30, 1900. The Unanclal results from operations, with comparisons, are as follows: Gross earnings, $3,908,284, an increase of $45,946; operating expenses and betterments, $4,156,073, a decrease of $53.015; other Incomes. $93,6S5. an Increase of $11,228; total income, $1,817,K6, an Increase of $110.1S3. Interest, taxes and rentals, $1,217,604, an Increase of $68,512; Interest on Fecond mortgages, $360,000, an Increase of $180.000; surplus, $270,232, a de crease of $138,323. The percentage of operating expenses to gross earnings, exclusive of betterment. was $65.50. as compared with $6S,68 in the preceding year. There -was a heavy shortage in the cotton crop throughout the country tributary to this line, resulting- in a decrease compared with the preceding year or 14o.361 bales, equivalent to about J225.000 in revenue. This loss in revenue was, however, more than offset by a gain In other classes of freight and in passen ger traffic; the freight earnings show a decrease of $25,130, whereas the gross earn ings show an increase of $45.946. The company has effected, during the past year, a connection with the Chicago &. eastern Illtnolr nt Thebes. III., opkx)site uray s landing, Mo., and has opened a through passenger service between Chica go and Texas points. A traffic agreement also nas been entered into with the St. Louis. Iron Mountain & Southern Railway Company, effective in May, 1900, for the joint use of terminals of that company at Memphis. President Edwin Gould states that for the first time In the historv of me property tne run interest. 4 per cent. on the second mortgage Income bonds. amounting to $360,000. has been paid during tne nscai year, representing Interest earned curing the calendar year 1SD3. Interlocking by Air. The Chicago & Western Indiana Com pany's new plant at the Sixteenth-street crossing at Chicago has Just been completed at a cost of more than $33.000, and the operation of It does away with the former necessity of having to stop all trains at both ends of the depression. Now trains are signaled blocks away from the crossings, and they are hurried along, pro vided the tracks are clear, at twenty or twenty-five miles an hour without any de lay caused by signaling. The plant is operated by air. There are two towers in the system, one at Fifteenth and the other at Sixteenth street. Ninety-three switches are operated from them. Three men are employed in each tower, each man working eight hours. Resides looking after the levers they are expected to do some tele graphing and telephoning. The signal sys tem is one of the most extensive of its kind in the country. It affords communica tion with the yards of the Krie. the Monon. the Eastern Illinois, the Grand Trunk, the W abash and the western Indiana roads. A Question -with Two Shies. Far-seeing railway officials are not anxious to see the price of rails reduced to a low figure, as a higher price will discourage building. by new competitive in terests, in new construction rails are the important consideration. They cost more than the railway or ties, and aside from equipment are the big factor in an invest ment for a new railwdy enterprise. If a new interest is using rails weighing sixty pounds to the yard they require about 100 tons for a mile of track, and these, at $30 a ton, would cost $3,0C0. If the heavier rail. say eighty-five pounds to the yard, and now most approved by railroad engineers. Is used, the cost of the rails for a mile at this rate would figure to about $4,200. For a new line 100 miles long the lighter rails would thus cost $300,0uo, and the heavier $120,000. A factor like this naturally discourages new investments that are con stantly annoying the old railroad interests. Hocklna; Valley- Election. The annual meeting of the stockholders of the Columbus, Hocking Valley & Toledo Railway Company was held at Columbus yesterday. The board of directors was in creased from nine to thirteen members, and the following were elected: Charles B. Alexander, Robert Bacon, R. M. Galloway. Ralph V. Hickox, Charles Steele and Thomas Ryan, New York; James II. Hoyt and Myron Herrick, Cleveland; N. Monsarrat, P. W. Huntington, V. F. Goodspeed, R. S. arner and Thomas Johnson. Columbus. The lease of the Wellington and Jackson lines for ninety-nine years was ratified by the board. Northern Pacific Directorate. The board of directors of the Northern Pacific Railroad Company was re-elected yesterday at the annual meeting in New xorK. io oiner Dusiness or importance was transacted. Personal, Local nnd General Notes. On Oct. 1 G. R. Burt succeeded D. C. Tate, resigned, as auditor of the Toledo & Ann Arbor road. The Wabash Is short of passenger en gines and is converting some of its freight engines into passenger locomotives. Home seekers excursions were run yes terday west, and were the best patronized of any excursion run in many months. James ' E. Lake, who, has resigned, as agent of the Chicago & Alton at East St. Louis, had been with the company thirty years. J. B. II111, general freight agent of the Panhandle, who has been quite ill. Is so much better that he was at his office yes terday. H. Agnew, agent of the Michigan Central at Porter, has been transferred to Three Oaks. G. Lewis" succeeds him at Porter Station. E. A. Ford, general rassenger agent of the Pennsylvania west and of the Vandalia. arrived in the city last evening, and will remain until noon to-day. In the month of September there were handled on the Big Four system 631.3G2 pas sengers, against 646.1S2 in September, 1S33. an Increase this year of ö.lbü. II. E. Dubois, general agent of the Interstate Dispatch, has had his Jurisdiction extended to cover the entire southern roads over which the line operates. Howard M. Smith, formerly master mechanic of the St. Louis Terminal lines, who retired from that position last spring. is dead, ageu sixty-eignt years. On Oct. 1 J. A. Williamson succeeded O. E. Gllman as division passenger agent of the Cincinnati, Hamilton & Dayton, in charge or territory tributary to Toledo. It Is stated that radical changes in handling excursion tickets in trunk line terri tory are pending, and may end in the abolition of excursion or round trip tickets. II. G. Stiles, division freight agent of the Cincinnati. Hamilton & Dayton lines, who fc&s been At French Lick Springs for a

couple of weeks, returned yesterday much improved in hsalth.

Traveling fireman 13 a hew position creat ed on the New York Central. The principal duty of the traveling fireman is to assist the englneman and fireman in getting good results in the use of fuel. "Within the last few weeks the Big Four has been extending or laying new passing tracks between Indianapolis and Kankakee, to-day completing the twenty-fourth side or passing track on that division. R. D. Hughes, of Cleveland, general superintendent of the American Express Company, was in the city yesterday en route to St. Louis. He reports the business of his company at present highly satisfactory. The Erie's excursion last week to Ohio was the largest in the history of the In diana and Ohio Old Settlers Association. It reauired four trains hauling ten coaches each to carry the old settlers and their friends. In the month of September the Vandalia brought into Indianapolis 5.644 loaded and 532 empty cars, and forwarded from this point west 3,932 loaded and 1.5S2 empty cars. Of the inbound business, 533 were loaded with live stock. The Chicago & Rock Island management expects to have the branch under construction from Gowrie, la., to Sibley, la., 115 miles in length, completed and in readi ness to open to freight and passenger traific not later than Nov. 15. C. E. Schaff, general manager, J. Q. Van Winkle, general superintendent, and George Klttredge, chief engineer of the I3ig four lines, were in Anderson yesterday, inspect ing the improvements that have been made at that point Mn the last few months, cost ing quite a sum of money. J. M. Herbert has assumed the duties of superintendent of the Kansas and Colorado divisions of the Missouri Pacific lines, vice Shankland. who retired on account of advanced years. Mr. Herbert comes from he Grand Trunk and at one time was a division superintendent on the Wabash lines. Officials of the Chicago & Northwestern are making a strong effort to have the names of the stations on all the lines of the company conform with the names of the corresponding postofflces. Lack of uniformity in this respect has caused not only the public, but the company, constant trouble. Instructions to heads of freight and pas senger departments now being received give evidence that the presidents were in earnest at the recent meetings, and it is daily becoming more evident that the probability of a maintenance of both passenger and freight rates is greater than at any previous time. The passenger department of the New York Central has issued in a more expensive form "A Message to Garcia." It is intended for libraries. A parent could hardly select a more interesting work for a boy for a Christmas gift than this. The book is very pleasing in its make-up and would adorn any table. The new passeneer locomotives the Lake Shore is having built at Dunkirk have six driving wheels eighty Inches in diameter, one pair of wheels instead of a fourwheeled truck in front, and two-wheel radical trucks under the firebox. They will have 20x28-inch cylinders. 3,230 square feet of heating surface, two hundred pounds working pressure and are expected to haul the Lake Shore trains seventy miles an hour when necessary. Isaac A. Swelgard. who on Monday ter minated his official connection with the Philadelphia & Reading, closed his thirtyfifth year of continuous service, and his leave-taking, it 13 stated, was marked only by hand-shaking and a few kind words of farewell of the older of the employes about the general offices. On Monday the offices of the general superintendent and the entire force of clerks was removed from Philadelphia to Reading. A prominent official of the Wabash says: 'Our earnings continue to show increases right along. September will show gross about $1.6u0.000, which will make this the best September on record. The outlook for continued good business in our territory is highly encouraging. Crops have been good. and farmers and merchants are prosperous. Satisfactory progress is being made with the improvement work detailed in the annual report, and which is being paid for out of earnings, jdnce, at the reorganiza tion of the company, no provision was made for Improvement of the property. The.condition of the road is very much better than it used to be, and by continuing the present poliey for two or three years longer we shall have the property in excellent shape." ' JOHNNIE NELSON HERE. Matched -with McDuffec for TwentyMile raced Race. Johnnie Nelson, the middle distance pace follower, arrived in this city yesterday in company with his manager. F. Ed Spooner, and, Inside of two hours the little Swede was matched to ride Eddie McDuffee a twenty-mile paced race next Monday after noon at Newby Oval. When dickering with Manager Prince in regard to races in the West. Nelson's manager insisted that it must be upon the basis that, Nelson provide hl3 own pace or not at all. The youngster would not listen to following other than his own pace. His pacemakers have been with him all season and know him as he knows them. They are mounted on the Leetle Blue motor, a machine almost as famous as its follower in the East and upon the Red Devil, which in its works this season has not belied its name. Nelson is fond of the "Leetle Blue" for many reasons, but mainly because it has never failed him at an important point in a single race of the twenty-five ridden and twenty races won this year. The opportunity to see Nelson ride will be appreciated in this city. He has been so busy around Boston this year that New York has seen him not at all and Phila delphia and Baltimore but twice each. Buffalo, Springfield, Mass., Hartford and many other Important race points in the East have sought his presence for match races and have all failed. Ills present trip to Indianapolis Is in reality in search of records which he hopes to gain upon New by Oval, considered by him and by other riders as one of the fastest tracks known. CRIPPLE KILLED BY CARS. Ills Body Fonnil on the Tracks Near Delaware Street. The almost lifeless body of a man, about twenty-four years of age, was found about 7 o'clock last night by the switchman at the Delaware-street crossing of the Union tracks, lying face downward In the middle of the outbound Union track. He was un conscious. His head was oadly crushed in the back, and his body was terribly bruised. The City Hospital ambulance was called, and he was moved to the hospital. where it was seen that he could live but a short time. He died at 10:25. An examination of the man's clothing gave no clew to his identity and there was no one about who had seen him before. He was crippled and walked with crutches, his right leg being off below the knee. T he big toe of the left foot was also gone. He had dark hair and wa3 rather stockily built, weighing about 150 pounds. He was tairly well dressed in dark clothes, but had the appearance of a wanderer. The first seen of him was when he was found unconscious between the tracks. It was not known how he was Injured, but it was thought he was struck at Delaware street by one of the outbound trains which passed alout that time. The special train for Noblesville left the Union Station at 6:30 p. m.; a Big Four train leaves at 6:25 and a Panhandle train at 7:10. The body was found about forty feet east of Dela ware street, indicating that he had prob ably been struck at the crossing and dragged tnat distance. HEAR THIS IN MIND. An Article That Should Re In Every Home to Promote Health and Happiness. A cool and refreshing glass of beer, if pure and cleanly made is one of the most wholesome beverages that the public can urink. just sucn an article is brewed by the American Brewlnsr Cornnanv. An In- - " . j , - fii.inanolls organization, romrvisl nf inml gentlemen and therefore deserving of the trade of this community. They ask the patronage on the ground of excellence, purity and cleanliness. These are conditions that guarantee its merit over and above all other beers. This meritorious preparation is sold in bottles and delivered in the home bv Jacob Mptxeor R- Cr t.-h-can be reached by telephone 407,' both pnones, or postal cara.

FILING OF A DEMURRER

NEW TURN IX MUTUAL LIFE INSUR ANCE RECEIVERSHIP. Some of the 3Iortg:aceors, It Im Said, Have Overpaid Higher Courts In Session. A demurrer was filed to the intervening petition of Catherine E. Ereinig and others in the receivership of the Mutual Life In surance Company, in Room No. 2, of the Superior Court, yesterday, which presents to the court a point In law affecting all stockholders in the building and loan de partment of the association. The petition relates to the claim of Catherine E. Breinig and is also in behalf of other stockholders affected. Since the Union Trust Company was ap pointed receiver of the association, several years ago, diligence has been exercised in collecting claims. The company did business under two heads that of a life insurance company and as a building and loan association. The stockholders in the building and loan department were Involved to the amount of several hundred thousand dollars, being the darger representation of the business. Mortgageors have been paying interest and premiums in this department to the receiver, and the judges who have been on the bench since the receivership began have urged the receiver to collect claims in order that the affairs of the association might be more speedily wound up. The point raised in the petition of the creditors of the building and loan department Is that they have overpaid the receiver In reimbursing their loans. The assertion is based upon the decision of Judge Baker, of the Supreme bench, in regard to the payment of mortgageors and creditors to receivers of building and loan associations. The decision was, Jn effect, that when a corporation doing business as a building and loan association became insolvent cred itors of the association were . entitled to certain consideration not applicable to other creditors. This consideration was that shareholders who had borrowed from the association were not compelled to pay a specified rate of Interest and premiums ad ditional to the principal: that under the circumstances governing a receivership only the legal rate of interest, with the premiums already paid, should go toward liquidating the Indebtedness and be considered part payment therefor. Under this ruling a number of mortgageors have overraid the receiver of the Mutual Life As sociation, and if the petitioners are shown to be directly affected by this decision they will be entitled to recover such amounts as have been overpaid. The amount involved and the number of mortgageors entitled to credits on payments of interest and premiums, as set out by the Supreme Court, are not known, and will not likely be estimated until the receiver prepares a schedule for the hearing before Judge Leathers. A TOWN SITE INVOLVED. John A. Roche Sues Mannfactnrers Gas Land Improvement Company. John A. Roche sued the Manufacturers Gas Land Improvement Company on a con tract yesterday, demanding $3.780.09. He avers that the defendant company contracted with the Chicago. Indiana & Eastern Railway Company July 22. 1S33, to take up valuable options on 640 acres of land in Delaware and Grant counties and lay out and plat it into town lots to establish the town of Matthews, providing the railway company would extend its line through the land. It is asserted there was a further agreement that the defendant company should pay to the railroad the difference between the option price and JJW) an acre. This difference, the complainant says, was $100. The complaint says the company extend ed its railway as agreed, but the defend ants only platted 2n.91 acres, leaving 376.09 acres still to be platted. The amount due to mike good the contract for lack or performing the work of laying out 640 acres in lots is placed at S3.7S0.09. Roche says the contract was assigned to Paul Brown in m"i. and assigned to him in 1S33. John A. Murphy also brought suit against the Manufacturers Gas Land Improvement Company on notes, one for $7,000 and an other for $i.uH. t HIGH COURTS IN SESSION. Several Decisions Handed Dovrn by the Supreme Tribunal. The Suoreme Court resumed Its sessions yesterday and affirmed the judgment sen tencing David O. Harris to imprisonment for life for killing George Brown at Sey mour, Ind. The murder was committed in June, 18!. The Judgment recovered by John M. Cornstock against the Western Paper Company for $500 damages and an injunction against ho farther nollutlnn of Rrandvwine creek tails - v - - m . by the discharge into it oi reiuse irom tne .loföTwiant's nanfr mill was affirmed. vav Ava-- k r - - The judgment in tne case ot aiuo uare against the State or inaiana was reversea, va rtiirt holding that the fact that a per son called as a talesman to sit on a jury in a criminal rnsp is n denutv sheriff is sufficient grounds for excluding mm rrom the J"' ' - . . . . ... The suit or Anna M. wooa against tne Consumers' Gas Trust company ror a writ e manHotP t r rnmnel the fomuanv to con. rrt her new hoiisa on Bellofontalne street with its natural-gas mains and to supply . . . ; i . i An i tne nouse wun iuei was mcu ju m the supreme ourt. Factory Affairs Wound Up. The affairs of the Globe Model and Pattern works were wound up in the Circuit Court, yesterday, and Thomas Nelson, the receiver, was discharged. The concern was thrown into the hands of a receiver on the petition of William II. Dalbey, George R. Morrison. Stephen Vanslyke and George Ferrell, employes of George S. Black, proprietor of the factory, who said wages were due them. Dalbey demanded $T.'.95, Morrison $S1.07. Vanslyke $15.73, and Ferlell $18.23. They alleged Black was unable to pay his bills and had abandoned the management of the plant. Judge Allen or dered the workmen paid, holding their claims as first lien, and the claim of the Indianapolis Mortgage and Loan Company lor Jiio as second lien. Insurance Money Involved. Cynthia Rogers brought suit against Harry A. Metzger and Albert E. Metzger yesterday for the payment of a fire insur ance policy amounting to $400 Issued by the Fort Wayne Insurance Company. It is set out that Feb. 14 her house and its contents burned, causing a loss of $300. and that the company has refused to pay the policy, it is alleged she was induced to take out a policy with the Fort Wayne Company, which, she says, was represented to be a reliable fire Insurance association. To Enforce Payment. The Tollen & Hogg Iron and Steel Foun dry Company filed a suit yesterday against the Central Steel Company to foreclose a lien, demanding $5,000. It Is asserted that the foundry company contracted to put rolling mills and machinery In the company's plant in the early part. of this year and that the promise of payment within a certain time had not been fulfilled. Caused 111m Hamlllntlon. Henry Weston brought suit against Perry Lund, William B. Milan and John McCar thy yesterday for $300 damages for assault and battery. lie alleges that the defendants came to his residence, 533 Kentucky avenue. SenL 14. forclblv entered hU hmiaa assaulted and beat him. tore his rlnthc. and upset the furniture. He says the noise attractea neignDois ana tnat ne was greatiy numuiateu. In the Probate Court. The will of Minnie L. Meier, probated yesterday, divides her estate between her husband, Anton F. Meier, and her children,

Herbert A. and Irwin C. Meier. The husband Is named executor of the will. The will of Christian F. Kritsch left all of his estate to his wife, Minnie F. Kritsch. who was later appointed executor, and gave a bond of $200. George Gross was appointed administrator of the estate of Musa M. Gross, and gave a bond of $450. William R. Wycoff was appointed administrator of the estate of William J. Colley, giving a bond of $100.

THE COURT RECORD. SUPREME COURT. 18541. Weston Paper Company vs. Comstock. Shelby C. C. Affirmed. Hadley. J. 1. Sections 2 and 2169. R. S.. 18J4. describe what shall constitute a public nuisance and provides the punishment therefor. 2. Where a complaint Is not denied any fact averred therein must be taken as true. 3. A contract for the continuance or a nuitance, indictable under the statute. Is void. la313. Gafr vs. state or Indiana. isoDie j. Reversed. Baker. C. J. 1. Deputies of a sheriff arc not competent to sit as Jurors trying a state case, although having no interest therein. 2. A defendant is not bound to anticipate that in making up a Jury talesmen will be canea fiom among the sheriff's deputies, and In case they are called they should disclose their relation to thrt sheriff's office on the general examination as to their competency. ISC76. Harris vs. State of Indiana, iawrence C. C. Affirmed. Jordan. J. 1. When a motion for a new trial is founded upon some collatteral matter foreign to the cause of action, such matter should be disclosed in the bill cf exceptions, and where it is charged that such collateral matter interfered with the Jury in its deliberations, the manner of its interference should be disclosed. 2. The court, in considering appeals, dees not indulge in unwarranted presumptions. 3. A reasonable doubt may not only arise out of the evidence, but may. also be created in m minds of the Jury by reason of the lack of evi dence. 4. In order to Justify a reversal in a crim inal case ror a more inaccurate oennition or what is required under the law to constitute reasonable doubt, it must plainly appear that tne tierenuant was prejudiced thereby in nis substantial rights. 5. An instruction should b con sidered In its entirety. 6. Malice, in law, and as used in the statutes denning murder, has a teohn'cal meaning, including not only anger, hatred and revenue, but every other unlawful and unjustifiable motive. It is not confined to 111 will towards onj or more Individual persons, but is used and Intended to denote an action growing from any "wicked and corrupt motive, a thing done with bad or malicious intent; where the fact has been attended by such circumstances aa carry In them the plain Indication of heart, reirardlew of social duty and fatally bent on misthief: and. therefore, malice is implied from any deliberate and cruel act against another. however sudden. 7. If a party to a criminal cause desires that special Instructions be given the Jury upon any feature or question in the case, ie should, before the commencement of tho argument, prepare, sign and present sucn instructions to the court, with the request that they be given. 8. Any question of irregularity In the impaneling of the grand Jury should be raised by plea in abatement mm. Baker vs. City of Indianapolis. Marion C. C. Dismissed. 19022. Indianapolis Gas Company vs. Beard. Marlon S. C. Dismissed. 19267. JessuD vs. Olleman. Morgan C. C. Dis missed. 19290 Firet National Bank vs. Bloomlngdale. Howard C. C. Dismissed. 19222. Citizens Bank vs. Union Trust Company. Floyd C. C. Motion dismissed until final hearing. 1W25. Hockemyer vs. Thompson. Allen S. C. Motion to reinstate overruled. 1&143. Brown vs. Sullivan. Madison B. C Mo tion to dismiss postponed until final hearing. I33ti2. irwin vs. uuthrie. Martin c. c same. 1&363. Plank vs. Indiana Stock Association. Huntington C. C Petition to advance denied. 19403. Miller vs. Coulter. Clinton C. C. Publica tion ordered and issued. 130Ö9. Union, etc.. Association vs. Archele. Vanderburg S. C. Petition to advance denied. VMM. Bonham vs. Mcoratn. Biacktord c u. Motion for certiorari granted. 19334. Smith vs. Fairfield. Allen C C. Moticn to substitute new parties denied. Publication ordered and Issued. 19418. Peckham vs. Green. Cass C. C. Publica tion ordered and issued. 19386. Ellis vs. Ellis. Vanderburg C. C. Dis missed. 19437. MacMurray vs. Sidwell. Delaware C C. Advanced. Minutes. 19109. Derk De Ruiter et al. vs. Laura E. De Rulter. Marion S. C. Reply brief on motion for allowance and affidavit in support, etc. Appellee's brief. 1V2Z4. standard Cement company vs. Maggie Binor, administratrix, etc. Clark C. C. Appellee's brief. 19287. Emily C Carlco et al. vs. Catherine Baun VI&3 C. C. Arpeh' reply brief on motion to dismiss. 19341. Louisa O. Emerick vs. Harry L. Miller et al. "Wabash C. C. Appellees' petition for ex tension of time. 19S43. Levi P. Brown vs. Martha J. S. Sullivan et al. Madison S. C. Motion to dismiss postponed tin nnai hearing. 19382. Mary E. Thrall et al. vs. Perry Gosnell et al. Rush C. C. Appellees' application for ex tension or time. 193."-. Martin Koepke. sheriff, vs. Paul C. Hill. Vanderburg C. C. Appellee's petition for exten sion of time. 19412. Henry R. Smith et al. vs. American Crystal Monument Company et al. Hamilton C. C. Appellants' brief. 1941a. Tne I'lttsburg. Cincinnati. Chicago & St. Louis Railway Company vs. Erueltlna Machler et at. Laporte C. C. Appellant's brief 1V i 441. wimam &i. Jewell et ai. vs. Albert uaylor et al. St. Joseph C. C. Joinder In error. Ap pellees' brief (9.) 19Z77. Adam Meldrum and Anderson Company vs. Thomas Stewart et al. abash C. C. Appllants' reply brief. IS'jhz. Henry V. Davis et a I. vs. .Teirerson Dis, administrator. Madison C. C Day May term. APPELLATE COURT. 2210. Everett vs. Stuck. Allen iC C. Re versed. Wiley. J. 1. A party cannot sue upon one theory and recover upon another. 2. Where a person sues upon a contract of employment he cannot recover from the defendant ujon the the ory that the defendant assumed the dent of an other. 3094. De Couders vs. Union Trust Company. St. Joseph C. C. Affirmed. Comstock. J. Where an executor of an estate mortgaires the real es tate thereof and warrants the title and expressly promises to pay the debt for which he executes notes which he secures by the mortcajre he be comes personally liable when there is no au thority given mm to execute tne notes, although the will or the decedent authorizes him to exe cute a mortgage to secure the debts of th decedent. 3304. State ex rel. Miller vs. Webstor. De Kalb C. C. Transferred to Supreme Court. 348. evv vs. Rhodes. Marion S. C Trans ferred to Supreme Court. 3431. Keesllng vs. Rlchlson. Delaware C. C. Motion to advance overruled. 3449. Bogue vs. Murphy. Pulaski C. C Peti tion for leave to amend assignment of errors overruled. 3i03. Little- vs. Koerner. Vanderburg S. C. Publication ordered and Issued. Minutes. 3230. William T. Meek vs. Martha Beaver. Fay ette C. C. Appellee's brief (6.) 2479. Robinson & Co. vs. John Etter. Wayne C. C. Appellee's petition for txtcnslon of time. Extension of time granted. SUPERIOR COURT. Room Z James M. Leathers, Judge. United States Building and Loan Association vs. Robert Cole et al.; foreclosure. Dismissed at plaintiff's costs. Maggie Toner vs. William T. Toner: divorce. Evidence partly heard. Continued. Room 3 Vinson Carter, Judge. Solomon Brown vs. Mageie Twyman: slander. Di9mlsfcd by plaintiff. Judgment against plaintiff for costs. Daniel W. Marmon vs. James S. Hollowell et al.; foreclosure. On trial by court. CIRCUIT COURT. Henry Clay Allen. Judge. Kate Stewart vs. Emma Doke's Estate: claim. Submitted to court. Allowed for $16.87 and costs. O. w. Swails vs. Susan M. Harvey's Estate: claim. Aiiowea uy executor ror iiv.3ö and cocts. I'referred claim. Mary Bendler vs. Caroline Pierce's Estate: claim. Submitted to court. Allowed for $75 and cost. Elizabeth W. Bird vs. Caroline Pierce's Estate: claim. Submitted to court. Allowed for $25 and costs. State-ex rel. Minnie Barrow vs. Josenh Con wax; bastardy. Defendant defaulted. Submitted to court, 'laken under advisement. . Preston O. Rudy vs. Catharine Rudy's Estate: claim. Submitted to court. Allowed for J250.10 and costs. Flanner & Buchanan vs. Albert E. Lemon's Estate; claim. Settled by agreement of parties and consent of court, and allowed for $.i and costs. On motion of Ralnh Ramberger. Berle B. Co hen was admitted to the bar. William H. Dalbey et al. vs. George S. Black et al.; receiver, scuuon & Mrers snowed on in tervening petition the sum of $28.S0. Finding tnat laDor claims are nrst uen. Claim of In dianapolis Mortgage Loan Company second Uen for 51.. Distribution ordered accordingly. Re celver flies report of distribution. Report anprovea. receiver aiscnargea ana trust closed. i , - . . . . . . CRIMINAL COURT. Fremont Alford, Judge. Charles Aberdlng; afsault and battery. Anpeat from City Court. Finding, guilty. Fine. ;2. Ed Brlstow; assault and battery. Appeal from city court, finding, not guilty. George Sweet and Virginia Burton; adultery Appeal from City Court. Defendant Burton ar raigned. Plea of guilty. Fine, $10, and imprtsonmeni in county jau ten aajs. Albert Hirsch: assault and battery. Appeal from City Court. Finding, guilty. Fine, $10, and imprisonment In Workhouse ten dan. Richard Bryant; assault and battery. Appeal from City Court. Finding, guilty. Fine. $10. NEW SUITS FILED. Henry Wester vs. Perry Lund et al.: complaint for damages for assault and battery. Demand. $C00. Circuit Court. Luetta K. Sutton vs. John A. Sutton; divorce. Superior court, icocm z. Marthall Nixon vs. Austin T. Quick; on note Circuit Court. Hannah B. Riley vs. Henry Harvey et al.: damages. Demand, $150. Superior Court. Room 1. Solomon Brown vs. Maggie Twyman; damages ana sianaer. Demar.a. xj.wu. circuit Court. John S. Moore vs. Tcpp & Co. et al.; on note Superior Court. John A. Murphy vs. Manufacturer?. Gas I .and Improvement company; on rote. Superior Court. Room 3. John A. Roche vs. Manufacturers' Gas Lan.i Improvement Company; on contract. Superior court, noojn z. Destde F. Edgette vs. Charles Edgette; divorce Superior Court. Room S. The Tollen A- Hogg Iron and Steel Foundry Company vs. The Central Steel Company: me chanic's Hen. Superior Court, Room 3. David F. Furr vs. John Furr; partition. Su perlor Court. Room 2. Cynthia Rogers vs. Harry A. Metzger et al. on fire insurance policy. Circuit Court. Daisy A. Brltton vs. Theodore Britten; divorce Superior Court, Room 1. Laura Griffin vs. Alexander Griffin ; divorce

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THE HICKORY ELM CLUB. Dlacnaalon Concerning n Possible Increase of Membership. On assuming the chair the president remarked that it had been some time since the club had taken in a new member, and that it might be necessary for the committee on membership to get together at an early hour and see what could be done to increase the population of the club. Colonel Garlic, from that committee, said he had been thinking along the same line himself for some time. "But," said he. "the Issues have been so unsettled for the past nine weeks that I don't know how to approach an outsider with a view to in veigling him into the club. I spoke to an old fellow the other day about Joining, but he inquired what we were organized for. and wanted to know what party we be longed to, showing, as I thought, very dense ignorance of political conditions in this country. I told him the Hickory Elm Club was an important auxiliary of the Democratic party, and he asked me: 'Which one, the old or the new? I replied that as far as I had been able to ascertain we were a sort of compromise between the old and the new, with a strong leaning toward the new. He then asked me if the club had suffered much damage from being dragged around over the earth by Colonel Bryan in search of a permanent paramount issue. I then saw that he was Inclined to cod and I dropped him. I had the same experience with others whom I ap proached, and I have come to the conclusion that any effort to stock up this club out of decent material will be attended with great difficulty until we appear before the world as an organization founded upon some definite and sane political principle. We can get plenty of rattle-headed idiots and dead beats who have never recovered from the moral effects of the old sounhouse system that was set up a few years ago by our party administration, but we can t win an election with that kind of stuff, and we don't want it in this club." "You are entirely right," replied the president. "We want self-respecting gold standard expansionists who will be willing to support Bryan with the understanding that he will not be allowed to monkey with the currency system, or dicker with Aguinaldo for the independence of the Tagalogs until order is restored in the archipelago. We want a class of citizens that will insist, when Colonel Bryan be comes President, that he shall not attempt to put Into practice a single theory that he professes to espouse relating to govern ment. We want men with hearts big enough to sympathize , with the Boers or anybody else who is getting the worst of It at the hands of a more powerful nation, but we want them with sense enough to see that the United States has no business to interfere with the affairs of any other na tion at war. when we are not involved, and have not the slightest interest at stake. We want men who will stand by the law, the Constitution, and the flag of the United States, whenever and wherever they may be violated or assailed. We want no man who would be guilty of saying a word, or doing an act Intended to encourage lawbreakers, whether they be horse thieves in Missouri, mconshiners in Tennessee, savages in the Black hills, or savages in the Philippines." Major Biff asked the president whether the qualifications he had prescribed wouldn't bar out Colonel Bryan himself. "I suppose they would." answered the president, "but Colonel Bryan is our candidate, and we can't get rid of him if we would. He never was eligible to membership here, and is not now, but he is the candidate of the new Democracy, from which the Hickory Elm Club has not entirely divorced itself, and we are compelled to tolerate and support him to the best of our ability under the circumstances. But in doing so it is our duty to ourselves, to the country, and to humanity, to surround him with such safeguards for the general public as to make it impossible for him to kick the wadding out of the fabric of our institutions by trying to carry out the Popullstlc and anarchistic theories which he is preaching every day on the stump." "Mr. President," said Colonel Snort,' "I do not understand that .the responsibilities you speak of are to rest entirely upon the shoulders of the old Gold Standard-Expansion Democracy and the Hickory Elm Club, but that they must be shared by a Republican Congress, that will have ample time to enact a buck and gag law between tho election and the inauguration that will effectually restrain the doing of executive violence to the best Interests of the country. Am I right?" "Right you are. Colonel, but parties do not often respond to the wishes of the opposition, and it will hardly do to depend upon the Republican party to interpose its powers to prevent the subversion of the government at the hands of an insane President." General Pilcher said that he was no lawyer, but he thought that any tendency of the President to balk, or to go wrong, might be corrected by mandate or injunction If Colonel Bryan should refuse to do what the law required, or was about to do what the law prohibited, he could be mandated in the one case, or restrained in the other, by applying to John P. Altgeld, associate Justice of the Supreme Court. Or he could be promptly Impeached bv Ben Tillman and James K. Jones in the Senate, that body having the sole rower in such cases, if i remember rightly the language of the constitution and bylaws of Congress on the subject of Impeachment." Peter J. Lummix had listened attentively to the debate until he got restless, when he inquired of the chair if he might say a word. He was allowed that privilege, end began by saying that he knew nothing about the "by-laws" of Congress, nor anything about how to keep Colonel Bryan from bursting up the government, "but," t aid he, "I think the Republicans haVe a plan that will work to a t-yty. I got on to it at a meeting of sawmill hands the other night, where every blamed one of "em was goln' to vote for McKinley. On of 'em said there was so darned many doubts about what Bryan would do If he was President that he had made up his rrind to take no chances, but to vote for a candidate that had got done experimentln. He said he had no doubt that rome of Bryan's schemes would work In this country after the people had got used to living on wind, but he said his system had been training on beefsteak and llghtbread o long that he was afraid his constitution would break down if he suddenly changed off on a diet that might be lighter than oup. When he mentioned soup, the chairman called for signers, any they nil went up and put their names down, and in less than twenty minutes they had a Rough Rider Club organized and ready for business." W. S. II. A Big Flour Output. Despite the fact that the wheat crop In Indiana the last season was a failure, local flouring mills seem to have done a good business. Their capacity Is SG.OOO barrels of flour a day. and in September loci I mills turned out W.913 barrels of flour, against 61,013 barrels In Scptembtr, 1S& and against 13.543 barrels in September, litfä.

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