Indianapolis Journal, Volume 51, Number 130, Indianapolis, Marion County, 10 May 1901 — Page 3

THE INDIANAPOLIS JOURNAL, FRIDAY, MAY 10. 1901.

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New York Store Established ole Acrnt llntterlck Pattern. Strong Shoe Values Baby's Shoos In all colors, special, a Jgc pair V.x' Shoes, in mid tan. satin calf, Vit t kt'l and chrome tainuil goat- QQ , skin. fLü) value. pilal, a pair -uv' vlci kid lace Mi"s Mzes 11 to-, in f prlng heel anl sonic with h eU. a thoroughly tU p ndahle sh at, Cjp 8 Ladies' patent leather Oxford, with new l uban IkpK and hand-turni-il t o.es, all Mzs at, a pair .pGlrU' spring la-el tan st-,. Ina tl value, upecial, a pair LPI,-U ladles' natent leather Oxfords, with

heavy soles, very well, a 1,08 Children's UM lace Shoes, with patent or kid tlp-. sizes o to 10; regular si fr value, sjn-elal, a pair kjui Pettis Dry Goods Co. Our line of canned cods is complete and carefully 'elected anil are noi to be compared with cheap stuffs, with which the market is flooded. ONE OF OUR SPECIALS Raspberry, Strawberry, Blackberry, Qulace, Red Cherry, Damson Plum Jams. Absolutely Pure. One Pound Tins 19 Cents Fresh Fruit and Sugar Only Pineapple and Orange Marmalade. THE N. A. MOORE CO. Fancy Grocers 162 and 164 North Illinois St. Phcnes 892. SEE SOME OF THE NEW EFFECTSl O Who first beholds the light of day In spring's llowry month of May, And wears an emerald all her life. Shall be a loved and happy wife. You vill find the finest collection of these beautiful g-emsin the city now on exhibition at my place. Carl L. Rost, 15 N. Illinois Street. The Bates House is just across the street. P. S. Rings from J1.00 to &00.00 always In stock. MAKE LIBERAL ADVANCES OH OH AND AU.TCAN3ACnON5 STRICTLY CONFIDENTIAL! UocS Loan Officejiovharxetst. L . , .. IVJi. J. O. WINTlK 409 Massachusetts Ave. Has a few left of her $4.50 Trimmed Hats for .. .$2.00 Also, $7.00 Hats at $5.00 AMUSEMENTS. "Nobody's Claim' the melodrama to b-s presented at the Park Theater the first half ofv next week, commencing Monday afternoon, has h thrilling snowstorm, a realistic tire scene and a highly sensational railroad rftect. The piece will be Riven wllh special scenery and mechanical effects by the Holden Bros.' Dramatic Company. In addition to the splendid scenic equipment, the many supernumeraries carried and the great support in company, the Goodwin revival of -The Merchant of Venice" at English's next Wednesday night wl'.l be under the personal direction of Hen Teal, who staged "Ben Hur." ami the music will be conducted by Frederick Ecke, concert master .f th- Metropolitan Optra House. New York. The seat sale opens thl morning at & o'clock. XXX The attendance at the (Jrand th's afternoon rhould be as large as that of any peerformance th current censon, since, in addition to the fine vaudeville programme, all women in the audience will reeeivc a.souvenirs beautiful boxes of hmibon. Jules Levy, the cornet virlu. so. Ralph Johnson, expert bicvellst. and Mr. Simns and Miss Ang-Ie. farcical entertainers. still continue prime favorites with errand audiences. XXX The engagement of Ferrit' comedian at the Park Theater is r.ipidly drawing to i close. Just four more performances remain. This organization has established Itself firmly in th.- f,ior of Park patrons by its excellent productions of popular play?. The Mil will l-r chinked this afternoon fr-r the sco.,,.1 time during the engagement. "The :st aw a v" will be presented this afternoon and to-night and at tO-morroWs Uu perfurmuiwe d. X X A May Irwin has a thorough knowledge ct itage effect and a keen intuition of the wants of an audience, but beyond all else he 1 a worker of lnd. fati.tble enerj. 'he leaves nothing to chnn.e, and from the time jhe made h r first appearance on the titre she his believed in lut one tiling hard and eon-eit ntlous ui.rk. The truth of tiieM- statements will be p.ittnt t all who Irwin Iti in r new tarr , "Madge Smith. Attornev." at Knglish'M Opeia llou.-e next Tuev.lay niKht. .nmliiK of i;ieetlon I nxper torn. Th jue-tion of appointing election inf pettors for the city election is atit itiiis the minds of some of the leaders of both partlt. It ha been proposed that the inspectors he app-intrd by motion in th; City Council, which would, or course, be 3on by the Kepuhlkans. City Attorney Iiell -ays he has some doubt as to whether the lr.pcctor tan be uppuiritcd ly motion.

WÄLL PAPER

I) U A

It is held that if the inspectors ire ap

pointed by motion the mayor s signature will not be necessary. EXECUTIVE CLEMENCY. Riley Hrilmnn ami Hownrel McI'niiKhejr Pnroleel Fort AVnyne Man. Riley Redman, a convict in the state pris on, sent from Clinton county, in December, 10, for two to twenty-one years", on pica of guilty to a charge of manslaushtf r, has had hid minimum sentence commuted by Governor Durbin and the man will probably be released by the prison board at its next meeting. Howard McCaughry, sent to the Jeffersonvillc Reformatory, from Huntington county, in January, 1. to serve from three to fourteen years, has had his minimum sentence commuted to eighteen month', thus giving the Reformatory board an opportunity to parole the prisoner at an early date If it see nt to do fo. The action in these two cases was taken by the Gor ernor. it is understood, in conformity to an opinion recently by Attorney General Taylor, stating that he lias power to re duce minimum sentenced under the indeter minate sentence law. William Ililker, who has been in jail In Fort W ayne ever since Dec. & KO, serving a sentence of six months and a line of Jvhi, has been granted relief from the unsatisfied portion of his tine, In ortler that he may return to the support of his childitn. MUST SEPARATE COMPLAINTS. JutlKe Ilakcr'ft HiiIIiik In the Suit of David V. JennluK. Judge Baker, of the United States Court, yesterday made an Important ruling in the suit of David W. Jennings against Eli Menaugh and twenty-eight others. This i3 the fuit brought by Attorney W. V, Rooker against citizens of Salem, Ind., alleging a conspiracy on the rrt of the de fendants to accomplish the downfall and ruiri of David W. Jennings. The court sustains the motion of the defendants to require the plaintiff to separate his complaint into paragraphs. This means that the different charges will have to be separated, each charge and all that relates to it being put In a separate paragraph. The court gives the plaintiff twenty days In which to tile a bill of exceptions. "The conspiracy Itself. says the court In its rtdlng. constitutes no cause of action. The sole cause of action stated In the com plaint consists of the wrongs done by the defendants in violation of the plaintiff's rights. The complaint must, therefore, be treated, for the purpose of the present mo tion, as though there was no charge of conspiracy contained in it, and thus considered it is upparent that it contains at least ten separate and distinct causes of action. PERSONAL AND SOCIETY. Miss Edna May Thomas, of Des Moines, la., is visiting her aunt, Mrs. John Rusk. Miss Amelia Owens, of Evansville, who has been visiting Mrs. J. A. Lemcke and Mrs. Harry Sloan Hicks, has returned home. Mrs. C. B. I.ockard has Issued Invitations for a reception. May 15. in honor of Mrs Alvln S. Lockard, formerly Miss Wright, or Freepcrt, 111. Mrs. Schoepf. of Pittsburg, Pa., who is the guest of Mrs. Alexander Taggart. will go to Cincinnati to-morrow to visit friends before returning home. Mrs. M. I. Lasley and little daughter. who have been visiting Mrs. Frederick E Maston at the Rlacherne, have returned to their home in Dayton, O. The lawn fete which was to have been given by the Anti-cigarette Club-, at 210 East Tenth street, this evening, has been postponed again indefinitely. The Woman's Foreign Missionary So ciety of Roberts Park Church will meet th! afternoon at 2:3 o clock with Mrs. O. I... Huey, S3 Woodruff Place. Mr. Sylvester Johnson and his bride. formerly Mrs. Eunice Brown Harris, of Minneapolis, arrived here yesterday and proceeded directly to their home at Irving ton. The Young Woman's Missionary Socletv of the Second Presbyterian Church will r eet with Mrs. Edwin Hendrickson, lP.'l North Pennsylvania street, at 2 o'clock this afternoon, instead of at as usual Invitations have been Issued for the mar riage of Mr. Howell E. Risk and Misa May Justice. The ceremony will take place May 22 at Memorial Church, to be followed by a reception at their new home on North Pennsylvania street. Miss Elizabeth Ames, of Greencastle, Is visiting friends in the city. During a foreign trip, from which she has just returned. Miss Ames spent two months In the family of n professor at Oxford and made many acquaintances In the university town. The Political Equality Society met at the home of Mr?. Philip Rappaport, yes terday, to arrange for a talk to be given by Mrs. Carrie Chapman Catt the latter part of the month. Mrs. Catt will attend the National Suffrage convention in Minne apolis, and stop here in route to NewYork. The talk will be given In Plymouth Church and another talk will be given at Irvington. Mrs. Hugh J. McGowan gave a green and white luncheon yesterday in honor of Mrs Schoepf. of Pittsburg. Pa. The guests in eluded Mrs. Alexander Taggart, Mrs. Sam uel Vs. Morss. Mrs. Howard B. Bates, Mrs II. P. Wasson. Mrs. Warner. Mrs. E. B. Peck. Mis. J. A. Jones. Mrs. Henry Jame son, Mrs. J. A. Eetnckc and Mrs. Thomas Taggart. The handsomely appointed tab!? hael a basket of white carnations and ferns lr. thf center. The favors at each plate were little green turtles filled with lilies of the valley. Mrs. John Holllday Murphy and Miss Florence Coffin gave a delightful tea yesterday afternoon for their visitors. Mis Constance Morrison and Miss Marjorle Young, of Pittsburg. The pretty rooms were fragrant wltn lilacs and pink roses. which were placed about In profusion Mrs. Murphy and Miss Coffin were assisted in receiving by their mother. Mrs. D. W. Collin, and In the hospitalities by a num ber of friends. Among the guests were Miss Potter, of Chicago, who la visiting Mrs. Rüssel M. Seeds. The participants who will appear on the programme for the muslcale. which will be griven this evening by the members of the Country Club nt 100? North Capitol avenue. Include Mrs. Hewitt IT. Howland. Mrs. George Edwin Hunt. Mr. and Mrs Hugh McGibeny, Mrs. John T. Brush, Mrs. I.afavette Page. Mrs. R. I. Blakeman. Mrs Harrv S. New and Mrs. I rederlck Matson The muslcale is given for the benefit of Mr. Harry Collis, the golf instructor nt the Country Club, who met with a second ac cldent last week, causing him to resign his position at the Country Club. Miss Isabel Palmer gave a small tea yesterday afternoon. The parlor where the guests were Yecelved was prettily adorned with pink roses and the mantel was banked with ferns. In the second parlor white roses were used. The arches were outline! in Southern smllax. and large bouquets of lilacs were used in the other rooms. Mis Palmer was assisted by her mother. Mrs. John F. Johnston. Mrs. George Bnrratt Moxley. Mrs. John Howlett. Mrs. Merrill T'.arklev. Mrs. V reOerlck (.all. Miss Marv Foster, Miss Martha Foster. Miss Anne Hurty. Miss Irene Taggart. Miss Mary Sul Hvan ami Miss laiey rainier. Mrs. James W. Lilly was the hostess for a handsome luncheon yesterday, entertain ing in honor of Mrs. Herbert W. Blancharil, of Boston, who is with her sister, Mrs John M. Lilly. The guests included Mrs Rlanchard. Mrs. Eillv. Mrs. Ivan C. Olmstead of Anderson. Mrs. Harry B. Rinesagen. Mrs. Charles K. Frcs, Mr.. William h. TV vis ami hr visitor. Mrs. Genrtce A. NewMrs. Mary E. I ally of Anderson. Mrs. Rob ton of Cincinnati. Mrs. George Lilly anl ert W. Dollr and Miss Lucy ICerner. The ilnlntüv appointed table held a lowlful af lilies of the valley In the center, and at each plate was an Individual crystal vase tilled with sprays of the flower. The namcards at each plate were sketches drawn by Miss Alice Seott. Mrs. C W. Oakes and Mrs. J. R. Goode gave a large reception yesterday afternoon la honor of Mrs. Warren F. Damon ami Mrs. 1- rank Damon, of Kenton. ()., and Mrs. Warren Damon Oakes, formerly Miss t'ora Parrv. The hostesses were assisted during the afternoon by Mrs. D. M. Parry, Mrs. Krank K. Gavin. Mrs. V. D. Cooper. Mrs. Frank N. Fitzgerald. Mrs. W. F curryer. Mrs. Alice Baxter. Mrs. H. C. Brunsen. Miss Ethel Curryer. Miss Eliza beth Cooper. Mls Edith Mi-Master. Mi-s Ethel CI lybourne. Miss Bertha Ranney. Miss Mary Stephen. Miss Lydia Parry and Miss Nancy Warman. The different rooms were fragrant with spring blossoms. t!v chandeliers and arches being outlined In ftouthern smilax. and palms were grouped about the mantels. The dining room was adorned in white carnations and ferns. A large basket of the flowers were placed In the center of the table

FLOWER MISSION WORK

tiii: twentv-fiftii anniversary is celebrated. An Enjoyable Programme nt the Uni versity Club Several Papers Itcail Soiuc Moslc. The Flower Mission, a name familiar to all Indianapolitans for its work among the sick poor and for its care of little children, celebrated its- twenty-tifth anniversary yes terday morning at the University Club. The people who assembled at the clubhouse were thoroughly In sympathy with the work, and the meeting was one to be re membered by those identified with the so ciety. Mrs. John L. Griffiths, the president, pre sided. The nraver which was offereel bv Rev. M. L. Haines, of the First Presby terian Church, cioscd with the recital of the Lord's Prayer by the visitors, followed by a violin solo, 'Berceuse," by Miss Margaret Lockwood. Mrs. Griffiths made a fewintroductory remarks, in which she said that in the twenty-live years of the Flower Mission Its doors were always open to extend help and relief to the sick poor and the needy, when church doors were often closed. She said the Flower Mission was never known to take a vacation. She said the society was divided now into thre-2 branches the care of the children (Eleanor Hospital), the care of the incurable sick poor and the care of the temporarily sick. In the last year the society has cared for 102 cases, aside from the Eleanor Hospital cases, and of this number forty-two are Incurable and need constant care. Mr. Griffiths made a strong plea for the es tablishment of a home for the incurable sick on the cottage plan. She said that f seme one would donate a cottaue and the grounu. the t lower Mission would hear otner expenses. Jrollowmg Mrs. Griffiths Dr. Edward V. Hodges, who has been the physician for the Eleanor Hospital since its organization, made a few remarks on the remarkable growth of the society and the fixed position u now noius in the community. One of the reasons for this, he said, was its will mgness to accept small things. He said the society embraced all creeds and all work harmoniously together. The Eleanor Hospital now has the means of caring for contagious diseases and skillful medical at tendance. He said it also commands the services of the best specialists in the Stato, wno give their services free of charge. He made special mention of Miss Johnson, su perintenuent or the hospital, and the purses. The report for the past three years end ing January. l'.tOi showed that there have been received 15: chmlren, ninety-seven of whom have recovered and thirty of whom are Incurable. In the past year sixty-one patients nave been admitted to the hos pital. MRS. HENDRICKS'S PAPER. Mrs. Victor K. Hendricks, who is one of the original six who started the Flower Mission, read an interesting paper on "The First Meeting, May, 1S76." She said no one thought when a few friends were Invited to meet with Miss Alice Wright, now Mrs Frank Eaton, of Columbus, O., one morning a quarter of a century ago, that it was the beginning of the Flower Mission. Yet the society started with six people who thought to brighten the hospital with flowers. Then they began to take fruit and flowers to the hospital, and later books and maga iines, and then other delicacies. Mrs. John II. Holliday read a short paper on "Bequests to the Flower Mis i-ion." in which she specially mentioned the names of i-;u Lilly. Bejamln Harrison, Wn Ham N. Jackson. W. S. Hubbard, the Com mercial Club. Mr. Mark Davis and several others. Mr and Mrs. Ell Lilly gave the hou.-e and grounds now used as the Eleanor Hos pltal In memory of their daughter Eleanor, and the .oo left by Mr. Mark Davis was lu-ed to put the gretunds and house In con dition and it was furnished by many friends, virs. is. J-. Cjoounirt read a paper on "The Relation of the Flower Mission to Other Charities." in which she spoke of the distinctive work of the Flower Mission lr. caring for Incurable sick. She also said that the Flower Mission was the pceplc'j cnarity ami dependent upon the co-opera tlon of its sister charities. The charity or ganization. the township trustees, and sev eral others were made mention of. She. made special mention of St. Vincent's Hos pital, which has placed a ward at the society's disposal. Mrs. Goodhart was fol lowe-d In talks by several of the vice pres idents present, among them Mrs. Mary Stewart and Mrs. Livalette Dickey. Mrs. J. W. Beck read an interesting paper from Mrs. Alice Wright Eaton, of Columbus, O. Mrs. D. A. Thomas, president of Eleanor Hospital, read a paper on the work of the hospital. Illustrating with incidents and cases brought to the hospital for treatment. MRS. GROVE R HEARD. Mrs. Arthur B. Grover read a paper op. "The Growth of the Flower Mission," which embraced a brief history of the society and its work that was greatly appreciated by those present. In conclusion she said: "The I- lower Mission Is catholic In its scope, carrying on its work regardless of creed, morality, nationality or color. All sorts and conditions are met with. Years ago a case took me to the-house of a sick colored man who had a very respectable looking white wife. Curiosity gave me the courage to inquire of her as to the ill as sorted union. Drawing herself up naught lly the woman replied. 'He ain't no colored man; he s a Creole gentleman from Kaln tucky.' Indianapolis has grown so rapidly In population and spread over so much terri tory in the past few years as to increase greatly not only the number of cases re ported but the difficulty of looking after them. Where a few years ago it was onlv necessary that the district nurse should report formally to the president once a week she now frequently reports twice a day, while the vice presidents in turn often investigate as many as three cases elally Irrespective of storm or heit. Much of the illness reported Is in the suburbs. To reach these cases promptly the public-spirited women of North and West Indianapolis, HaiiKhville, Brlchtwood and Irvlneton have. with the assistance of the presldmt, established branch organizations which are doing most effective work in the care for the sick poor in the:r own localities They assist In raising funds and have the privi lege gf drawing upon the common treas ury. "During Its twenty-five years of active daily life the character of the Flower Mission has developed, but its spirit has remained unchanged. The same personal re lationship between the visitor and the pa tient remains to-dav. The work is tmrelv enc of love and pity, as beneficial to the giver as to the recipient. It Is without money and without price, no remuneration being given except to the district nurse. whose entire time is absorbed. Started as a humble charity designed to brighten the sick room, it has grown into a broad or ganization for the relief of all the sick poor of a great city wno are unable to secure assistance from any other source. The work is done quietly and without ostentation. It is thorough and yet sympathetic, businesslike without being cold. The growth of the Flower Mission has proved its value to the community; the abandonment of the work for nnv cause would leave a vacancy in the charitable life of the city which nothing could till. Its influence for good during the nast twenty-tive years cannot be specif' icallv determined, for there is no standard bv which it can be measured, those ldcnti fled with the work for any lenpth of time, however, who know its cheering counsel to the discouraged, it? word of hope to the afllicted. its cod pillow and grateful draught to the sick, and suffering realize that It Is doing the Master's work unselfishly and lovingly even as He would do it were He here, it is to be hoped that some day this city as a whole will realize that this work 1 of such tremendous importance to the moral and physical welfare of this community as t justify municipal financial aid which will place us beyond the ever present worry of insufficient funds, leaving . i - - L us free to give our energies to carrying on the work according to the ever growing, ever widening demands which as the years no by and the city increases in size must necessarily occur. OTHER FEATURES. Th3 programme was interspersed with music. Mrs. James M. Leathers sang a couple of delightful selections and Mrs. George Edwin Hunt sang "Where Bloonrg the Rose." by Clayton Johns, and "Up to Her Chamber Window," by Arthur Footc. Mis Mattie Stewart, who has been a hospital 'visitor lor several years, read a taoer on "City Hospital Visitor." and

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short talks were made by Mrh. Ida Bassett. - i . -ww m st s . J .iiss juowe, irs. iioss, irs. eiregg aim ATr T Ich o tr T-V.r Ii o - rhnrfp of the Plnivpr Hstj)rn n-nrlt In the ciirbiirb5. 'MisS ss A A a-''-. w m a a a v . - Julii Harrison Jloore read a paper on " TTI t i r -i " O K er-!- it V-i rrrnot T o.t Ctf funds to carry on a work which grows even faster than the city and of the new methoel whleb the- cneletv will fwloi.t. that Of SOcuring larger membership at $1 each. The members have been supplied with books ror memberships ana subscriptions, .miss Moore said the need to carry on the Flower Mission and hospital will be between $0.o00 and $7.000. Th programme closed with a deugntrui story, "Sam Her Bruther," by Miss Katherine Layman. After the meeting there were refreshments, a number of young women assisting in serving. CHOPPED WITH A RAZOR JASrCR DRAIIV XE.tnLV LOST HIS LIFi: IN A FIGHT. James MeLnajthlln Inflicted by the Grand Jury for the Work Other Cases in the Courts. The grand jury made a partial report yes terday, returning four indictments. James McLaughlin was indicted on a charge of assault and battery with intent to kill Jas per Brady. McLaughlin attended a dance at Phoenix Hall, where he had trouble with a man wearing a light hat. He and his brother took a couple of women home, and on their way back to tho hall met Brady at Georgia and Illinois streets. Brady wore a light hat, and. mistaking him for the man with whom they had had trouble at the hall. Taylor McLaughlin attacked Brady and knocked him down. It is said that James McLaughlin then drew a razor and began cutting Brady in the face. Brady fell to the ground und begged for mercy. A crowd was attracted, but none dared interfere, as McLaughlin threatened their lives. Brady then made his way into the Stubbins Hotel and sank into a chair exhausted. It Is said by witnesses that Mc Laughlin followed Brady into the hotel and kicked him in the face and cut him several times more with his razor.. Taylor McLaughlin was sent to the workhouse on a charge of assault and battery. T h . id nre Kiner was indicted on a charge of petit larceny. He is charged with steal ing brass faucets from Kdwaru nassen. Charles Doctor and John Brown were indicted on a charge of petit larceny and robbery. They are the men who are said to have held up John Jacob!, a saloon keeper at CM South Pennsylvania fctreet, and robled him of $12.50. Martha Carter, seventeen years old, was indicted on a charge of petit larceny. She is charged with stealing 5 from her grandmother, who keeps a confectionery and bakery at North Illinois street. She pleaded guiltv before Judge Alford and will be brought before the court this morning to receive sentence. The grandmother says the girl's donwfall Is due to the habit of young men coming into the bakery, where she worked, and talking to her. stniE.m: coi iit s action. Nolle Practically Served on the LeKinlntnre to Mlnl I Own Busings. In refusing the petitioner for leave to nmend the transcript in the case of Samuel Trittipo vs. Albert Trittlpo, from the Hamilton Circuit Court, the Supreme Court yesterday virtually declared Its unwillingness to allow the Legislature to Interfere with its method of procedure. The Trittipo appeal was filed under an act of Kf3 which gave permission to use the long-hand report of evidence in a case in the lower court on appeal In lieu of a formal bill of exceptions. The court held that statute Invalid, and. In order to relieve appellants from having their cases dismissed, the last Legislature enacted a statute providing that evidence imperfectly filed in the higher court may be withdrawn from the transcript, inserted in a formal bill of exceptions and again put Into the transcript. The Trlttlpe petition was for leave to elo this, but the Supreme Court refused to allow such a procedure. No formal opinion vas filed by the court, but it Is understood that the Judges hold to the opinion that the court is the custodian of Its own records and that the Legislature has no power to inject into transcripts something that came Into existence long after the -appeals were filed. In affirming the case of Merrill C. Mead and others against Benjamin F. Burk and others, yesterday, the Supreme Court sanctioned the appointment of a receiver for the electric light plant at Marion. Ind. Mead and his associates entered into a contract to sell the plant to Durk and others for $2T,oi cash and $2n.oCj in stock, for the purpose of reorganizing the company, and afterwards sought to repudiate the contract because they found that the Burk people would hobl a controlling interest in the company. A receiver was appointed and the Mead people sought to have him ejus ted. The Appellate Court held. In an opinion affirming the case of Josle E. Williams against the city of Indianapolis, that a city is not liable to a nonpaying inmate of its hospital for Injuries sustained through malpractice of one of the Internes in the hospital. t SCOLDED AND PISHED. Allegation Mude by James M. Snlllvtin In it DamaKf Suit. The suit of James M. Sullivan, a newspaper man of Columbus, O., against Volney T. Malott, receiver of the Evansville & Terre Haute Railway Company, and the Union Railway Company for $2.0) was yesterday on trial before Judge Carter. Sullivan alleges that he bought a return ticket at Terre Haute at reduced rates, and, after

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having It several days, applied at the ticket office of the company in this city to have the return cheek stamped. He avers that the agent refusetl to stamp the ticket, although he procured several witnesses to Identify him. It is said Sullivan then went to the depot and had his baggage checked to Terre Haute on a ticket. Then he tried to go through the gates leading to the tracks at the Union Station, but was prevented because his return check was not stamped. He alleges that he had grips In either hand, and that he. was forcibly pushed away from the gate and scolded in an unbecoming manner. He avers that he was pushed down, and in falling Injured his back. On account of his physical injuries and the humiliation he says he underwent by receiving such treatment in a crowd he asks for damages. A PECI LIAH SUIT. Sheflleld II. Wriaht Wunt to SntUfy a Mechanic's Lieu Record. Sheffield 11. Wright yesterday filed suit r gainst the Henry Coburn Lumber Company to satisfy a mechanic's lien record in the recorder's office. The lumber company filed a mechanic's Hen on a lot owned by Wright for $175, for payment for material and labor furnished to erect a greenhouse, built by E. L. Auglnbaugh. Wright aver-, that Aughlnbaugh never built a greenhouse for him. and that the Company had no claim whatever on his property. He s':ys he had a chance to sell the lot, but the purchaser refused to buy because th? title was clouded by the mechanic's lien. He asserts that the company has refused to satisfy the record to show that there is no snch lien against the property, and by being kept from selling the property he says lie has been damaged $100. JUDGMENT FOR $1,587.88. Mr. Martini IZ. Lnnders Winn Her Stilt In the Superior Court. Theodore P. Davis, who acted as special Judge In Room 1 of the Superior Court, to hear the case of Martha E. Landers against the State Bank of Indiana for damages, yesterday gave his decision in the case. Mrs. Landers charged that the bank took about 10) head of cattle belonging to her to satisfy a chattel mortgage held against her husband. She acknowledged the amount of the Judgment, but asketl that the difference between the prie-e for which the e-attle were sold and the amount of the judgment be allowed her. Judge Davis decided in her favor and gave her judgment against the bank for $1,5S7.SS. Ivnh IIulslzcr'N Complaint. Judge Allen yesterday heard the divorce suit of Ivah Hulsizer against her husband, Dr. Elmer E. Hulsizer, formerly a physician of Clermont, this county. She avers that he abandoned her and went to live with another woman. She says that before he left her he would absent himself from home on the pretext of making professional calls, and treated her coldly. On one occasion, she says, she followed him and learned that a Mrs. Brown and her husband were in the habit of meeting. She said she followed Mrs. Brown home, and afterward saw her husband enter, by peeping under a window blind, and saw him embrace the woman and heard them kiss. Alfred II. Vniice-'s Stilt. Alfred H. Vance yesterday filed suit against Louis H. and WInfred Wolff to subject real estate they own in this city to pay a judgment for $4,3S0 secured in the courts of Shawnee county, Kansas. He alleges that before the judgment was secured Wolff came Into possession of Vi and purchased property at lHts North Delaware street, in this city, for $7.xm, by executing a mortgage on the property for $3.ki. He avers that Wolff then transferred the property Into his wife's name in order that the judgment might not be collected. In the Prohnfe Court. The will of Frank J. Smith, probated yesterday, leaves a house and lot in Indianapolis, Including his furniture, to his wife; $X-0 to his adopted daughter, Kittle S. Smith, and property in Muneie, that was formerly their homej to his sister, Clara I. Smith. The will of Philander E. Phillips leaves all of his estate to his wife, Elizabeth Phillips. Walter B. Silvers was appointed guardian of Dwight W. Silvers, and gave a bond of $:ooo. Mrs. Carry Sunt in Cnnm Comity. Mrs. Ella Curry, of this city, yesterday, through her attorneys, William T. Browr., of Indianapolis, and Nelson & Myers, of Logansport, filed a suit in Cass countv against the city of Logansport, demanding $10.000 damages for Injuries received on May 7. lfxO. by falling on a defective sidewalk. She alleges that since that time she has been permanently disabled, her left shoulder being paralyzed as a result. Mrs. Curry at the time of the accident was a canvasser and was working In Iogansport. Strawberrle In Shnllow Hoven. A motion was filed in the Criminal Court, yesterday, to quash the affidavit against Jacob Marks, convicted in Police Court on a charge of selling strawberries in shortmeasure boxes. The motion says that the affidavit does not state that Marks "knowingly" sold the shallow boxes and permitted them to be resold. THE COURT. RECORD. SUPREME COURT. 1901. Mead vs. Burk. Grant S. C. Affirmed. Jordan. J. 1. Where the owners of an electric light plant contracted to sell the same for a valid consideration, and the purchaser has complied with th: terms of the contract of purchase, and the owner refuses to make the transfer as agreed it is within the discretion of the court to appoint a receiver pemlente lite, where It 13 shown that the property is in danger of loss or Injury from the neglect or misconduct of the defendant... 2. The exercise of the discretion In the appointment of a receiver pendente lite Is subject to review on appeal to a higher court. 3. It is not essential to the appointment of

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a receiver that lhe defendant be shown to be insolvent. 4. In order to justify this court in disturbing a judgment of the lower court in any case or proceeding, upon the evidence alone, the latter must be such as to raise a question of law and not one merely of fact. 1SS03. Maynard vs. Waldlich. Whitley C. C. Affirmed. Monks, J. 1. Where a demurrer alleged that "The defendant demurs to the second, third and fourth paragraphs of plaintiff's reply to the second paragraph of the answer of the said defendant, etc.," it Is joint and not several. 2. Where all the conclusions of Jaw are excepted to in gross, and are challenged jointly by an assignment of error, all the conclusions must be erroneous or such assignment will fail. 3. A motion to restate the conclusions of law Is not recognized by our code of procedure. 4. When there is any objection to a judgment rendered upon a verdict ot general findings of a court, a motion to modify the same must be made in the trial court before any question can be presented In this court concerning the same. But when there is a special finding and conclusions of law thereon and the Judgment is rendered in conformity with the conclusions of law, an except on to each conclusion of law is the proper remedy. 5. Nothing except the evidence and questions concerning the competency of witnesses, and the admissibility of evidence, can be brought to this court by an original bill of exceptions: when, however such bill contains matters which can not be brought to this court in that manner, only tho evidence will be considered. H. A woman during a second or subsequent marriage is prevented by Section -t'41. Burns, ls:tl, from conveying by deed or mortgage the real e-state received and held by her by virtue of her previous marriage, so long as then1 are children by such marriage, or their elescendants alive; but even if a purchaser of such real estate during said subsequent coverture acquires no title thereto, yet if he brings an action against sucft vendors to piiet his title to said r-al estate and recovers judgment against them ejuieting his title thereto, such Judgment is binding on the parties and they cannot thereafter question the title of such purchases to such real estate. 7. A Judgment is conclusive against the parties to the same, and those claiming under them, as to all matters that were or might have been litigated in the action under the issues. 8. In an action to foreclose a mortgage, the validity of the mortgage and the power and capacity of the mortgageors or cither of them te execute it. are in issue, and when the same Is foreclosed the power and capacity of the mortgageors to execute the same.' the right to foreclose it and sell the land therein described are conclusively adjudicated, whether the Judgment and decree of foreclosure were by default or otherwise. H. The conclusions of judgment recovered in a case where the court had jurisdiction of the parties and the subject matter of the action, is not a fleete d by the Insufficiency of the pleading upon which it was rendered. lSV.l. Board of Commissioners vs. Board of Commissioners. Delaware C. C. Transferred to Appellate Court. lfdlC. Reeves vs. Bisselberg. Lake C. C. Delaware C. C. Transferred to Appellate Court. l'ili. Layman vs. Buck. Greene C. C. Transferred to Appellate Court. KJ1J7. P.. C. C. Ut St. L. Railway Co. vs. Parish. Wayne C. C. Transferred to AppellateCourt. 19D77. Trittipo vs. Trittipo. Hamilton C. C. Leave to amend transcript denied. Minutes. lfCrI. " James V. Brown vs. John Gra ham. Appellant's brief on motion to dismiss O.I APPELLATE COURT. C7t. Penner vs. Simon. Noble C. C. Affirmed. Black, J. The statute prescribing the cases in which a new trial may be granted in a civil action does not recognize as a cause for a new trial the reason that "the judgment of the court is contrary to the evidence, the Judgment of the court Is not sustained by the evidence In this cause, the Judgment of the court is contrary to law." il7. Sahner vs. Sahncr. ejrant S. C. Reversed. Henley, C. J. Where an attachment proceeding Is begun by plaintiff In a divorce proceeding and the divorce is granted and judgment rendered without bringing the. defendant in the attachment proceedings into court the JiK.pm nt in the divorce proceeding, being the main action, settles all matters In Issue h-twe-n the parties, and the attachment and garnishment proceeding cannot afterward be opened up so as to render judgment thereon In the absence of a continuance of that part of the proceedings. 377. Williams vs. City of India rapedh. Marion S. C. Affirmed. Roby. J. The board having control of the hospital of the city of Indianapolis acts only in a governmental way. It acts fr the p-iblle an 1 not as the agent of the municipality in Its corporate character, and the city is not liable for the mistreatment of a pers'-ri while in the hospital as a patient. ?.". C, I. & is. Railway Co. s. Winslow. Madison S. C. Affirmed. Robinson. J. 1. If a finding is Imperfect. irregular. uncertain, ambiguous or contradictory, the remedy is by a motion for a venire de novo and not by a motion for a new trial on the ground that the finding is contrary to law and not sustained by the evidence. 2. This court will not disturb the judcrn'nt on account of insufficiency of evidence When there is some evidence to sustain it. 3. In estimating damages to real estate on account of the construction of a railroad it is proper to consider the damages to the drainage of the land lesulting from the construction of the road: but future benefits that may accrue to the land owner from the construction and operation of the road are to be excluded. 37SO. Dongan vs. Sipe. Randolph C. C. Appeal dismissed. Lautman vs. Miller. Lake S. C. Application for certiorari overruled. Minutes. 370O. John B. Dugan vs. Nancy Sipe. AppelUnfa dismissal. One hundred and for

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ty-second day November term. Appeal dismissed. 371S. P.. C, C. & St. L. Railway Com pany vs. Thomas F. Ma honey, administrator. Reply brief for appellant. Appellee' points on oral argument. .IUI. The Prudential Insurance Company of America vs. Mary R. Sullivan. Appellant's additional authority t3.) 3öll. William E. Reynolds vs. Esther L. Picrron et al. Petition to file brief granted. Appellees' brief (S.) ;:CS. Frank Smallwood, minor, vs. Bedford Quarries Company. Appellee's brief 3C.D. The Southern Indiana Railway Company vs. Mary Moore. Appellant's brief tS.) COW. The Bedford Quarries Company v. Henry Thomas. Appellant's brief tv) SUPERIOR COURT. Room 1 John L. McMaster, Judge. Peter Boone , vs. Indianapolis Streetrailway Company; damages. On trial by jury. Theodore P. Davis, Speelal Judge. Martha E. Landers vs. State Bank of Indlana; damages. Jury returned verdict for; plaintiff and assess her damages at $4,57.KS and costs. Room 2 James M. leathers, Judge. Laura Hockett vs. Indianapolis Streetrailway Company; damages. Jury return! verdict for d fendant. e;eorge Cook vs. Mary O'Connell; account. On trial by court. Room a Vinson Carter, Judge. Thomas Catton vs. J. B. Orman & Co. et al.; appeal. Jury return verdict for defendant. Judgment . against plaintiff for costs. John M. Sullivan vs. Volne-y T. Malott. Receiver, ct al.; damages. On trial by Jury. CIRCUIT COURT. Henry Clay Allen, Judge. Edgar N. Bcawing vs. Becthor Beawlng. Dismissed for want of prosecution. Judgment against defendant for costs. Lulu Colbert vs. Joseph F. Jolbert. Defendant defaulted. Submitted to court. Finding for plaintiff. Decree of divorce. Judgment against defendant for costs. CRIMINAL COURT. Fremont Alford, Judge. Grand Jury reiorts. Rcturtu four Indictments. Edwin Patterson vs. Charles W. Morbach; damages. Demand, IIU.UOO. Superior Court. Room 1. Sheffield H. Wright vs. Henry Coburn et al.; complaint for satisfaction of mee hanic's lien and damages. SujHTior Court, Room 2.. John E. Moore vs. Conrad Drant et al.; damages. Demand, $1. Superior Court, Room :i. Alfred H. Vance vs. Louis H. Wolff et al.; on Judgment. Superior Court, Room 2. HOT WEATHER RECREATIONS. Mreet-Cnr Company- Arranging fof Fair lew Park Attraction. W. F. Milholland. secretary of the Indianapolis Stre-ct-rallway Company, is busüy engace-d these days in trying to secure attractionfur Falrview Park this summer. Mr. Milholland Is very particular us to tlid kind of a ttract.onK that hIl have Privilegs at the park controlled by the streetcar company. He says that he Is clelugej with offers, but so fir he has not come acro.ss any that appear to him worthy of consideration. "I visited the park at noon tej-day," he sal 1 last night, "and I mer saw the placo look more beautiful. We have more flowers than eer before, and the park generally Is in ideal e ondilion. The boats on the canil are of the l.-t to !- obtained. There 1 a liiv thuotlrg g. tilery and a good photofctuph gallery. The lawn tennis courts, of which we have two splendid ones, are belüg cleaned up and put In shape- to ! used. 'Iheie are al.-o low bacLull diamonds, but we will not allow bar ball to be pl.iyel .,; huruiay. It elrawb ciow.is of unJeslrahj people, like the Boo and B'ir.galoo Kü'.gr, for example. We propose to nie eiecent, orderly people or none at eM at the park." Mr. Milhollai.d said Falrview would bj formally opene-d May P. when afternoon and -venlng nterts will be iven by tha Indianapolis Military Band. In three weeki a novelty in the form of an electrlo j !ano. one of the latent musical ln entjns, i;i be In plae at the park. If the Indian Village in ikes a hit at Broad Ripple the Mret-f-.r company will prcbably erga; It lor Fairvie'W. The soda water and p.;s eream that will be dispei;-d to people at the park thts summ r will 1 of paite Stf. fereiit quality than that sold in preiocs seasons. "We are g -ing to have soda a:.d lee cream that will make people w.u.t in'i when they buy any of it," ail Mr. Müho.land. Lunches, but not meuls, will be s. rv-d in the pavilion. The secretary i r-oni Irring- the ad visibility of putting in a nudeii! theater at the pirk, hut nothing definite hix be--.i ;- cM d on tills point. If the rieht kind of sp-ci.' It ie-s can b- s'curd the company will likely Klve- Its patrons a little audei!le at odd times through the summe r months. Albert S. Co in lock III. Albert S. Comstock. of F2 North Meridian street, president of the Comstock & Ooonse Company, manufacturers of pump, is ill at his home of heart ilfease, aii-1 hi condition Is thought by some to he elangerous. His phieian jesttrday nuirnir.g, however, expressed hlnu-tlf hopefully. ir Comstock Is stcnty years of ace and for shout two years ha suffereM from heart Uease. Since Jan. 1 Le ha b.ta able to t'tt about but little.