Indianapolis Journal, Volume 52, Number 142, Indianapolis, Marion County, 22 May 1902 — Page 7

THE INDIANAPOLIS JOURNAL, THURSDAY. MAY 22, 1902.

7

IDAOSCÖODSTANLEYSÜES

SIIC WAMS TITLn TO Tlin MASOS J. OSGOOD ESTATE 0 IT ET ED. Cbarlra llnhhard entenord to Life lmprIonrnent for Marder Other Cane in the Court. Ida Osgood Stanley ye.Merday filed suit In the Superior Court to rjur-t title to the estate she inherited from Mason J. Osgood as his adopted daughter and only heir. The defendants in the suit are Chas. "W. Osgood, a nephew of the Ute Mr. Osgood, and Mrs. Roxanna O. Nim?, of Keene, N. II.. a sister. The complaint avers that they claim an interest In the estate, which casts a cloud upon the plaintiff's title. The estate la valued at about The defendants have questioned the legality of the adoption of Mrs. Stanley. The details of the adoption are filed with the complaint, which brings that Issue before the court. It Is shown that Emma Fisk. now Mrs. Ida Osgood Stanley, was adopted Jn the Marion county court Sept. I'1. 177. when she was two years old. The complaint says she had been a resident of Marion county for six months before her adoption, but her father. Americus Fisk. lived In Hamilton county and her mother was dead. It was shown that her father consented to the adoption and her name was changed to Ida Osgood. The question raised by the defendants is that the adoption papers should have been taken out in Hamilton county. Mrs. Stanley says she was always treated as the daughter of Mr. and Mrs. Osgood and did Where th peopl rushed on Tue.Jay, when not learn that sh had been sdonted until ftfter Mr. Osgood's death. SALE OF CANAL III II). ItltCht to Sell Continued by the Appellate Court. The right of Townsend. Reed & Co. to purchase the site of the Wabash and Erie canal from Roanoke to Fort Wayne as a right of way for the Fort Wayne & Southwestern Railway was confirmed yesterday by the Appellate Court, and the decision of the Allen County Court, justifying the pale of th canal by Chirles S. Bush, Charles McCulloch and Henry C. Paul, waa upheld. The last-named had purchased the canal from Robert Simonton. and had offered to sell It to him again for $4.5i In the meantime they had disposed of part of it. Simonton claimed to think that they still owned it all and that they had agreed to transfer all of It to him for the price named. Later Bush. McCulloch and Paul agreed to sell to Townsend. Ree.i & Co.. and Simonton transferred his Interest to Aaron N. Dukes, who was acting as agent of a rival traction company. Townsend and Reed condemned the land the day before the rival company was Incorporated, built the road and sold It two years ago. Dukes tried to enjoin the Fort Wayne & Southwestern Traction Company from coming on the land and to have Bush and his partners ordered to carry out a contract to convey him the land which he claimed existed between them. The Appellate Court refused to uphold Dukes's contention. IMPRISONMENT FOR LIFE. Charles llnhhard Guilty of Mnrrler in the Seronil Defjree. Charles Hubbard, who shot and killed Gus Monroe at the corner of Indiana avenue and New York street, on April 1, was yesterday found guilty of murder In the second degree by the Criminal Court jury, and his punishment will be Imprisonment for life in the Michigan City Prison. The case went to the jury at 6 o'clock Tuesday evening and the latter returned its verdict at f o'clock yesterday morning. The verdict was a surprise to the attorneys on both si.les. as they expected nothing more than manslaughter. Hubbard's character was against him. His name was mentioned In connection with two murders, and the Police Court records show that h had been arrested a number of times and heavily fined. Although he was frequently In trouble, he was a valuable assistant to the police department in "turning up" criminals. A motion will be made for a new trial. Tnn IIrI Court Decisions. In the suit of Jeremiah H. Ridgeway against Edward Hannum the Appellate Court held yesterday that If one enters Into possession of land under a contract, and after the time of the contract has expired continues in possession of the land as tenant from year to year, he continues as tenant under contract. The suit was to recover the value of wheat raised by Hannum upon Ridgeway's land. In sustaining a decision of the Wabash Circuit Court the Supreme Court vesterdav held that the adoption of the code in Indiana had not abolished the writ of assistance to put a purchaser at a foreclosure sale in possession by providing a special remedy for obtaining possession of real estate wrongfully withheld and by abolishing the distinctions at pleading and practice betwen legal and equitable causes. One hn buys from the purchaser may. by the court's decision, invoke this summary writ. Defendants in Duninxr Suit. Rosa Grossman yesterday filed suit against Frederick J Meyer. Iler.ry C. Buddenbaum and the city of Indianapolis for fö.OfV) damages for injuries sh hays she received by falling through a cllur grate. She says Meyer and Buddenbaum own a building at Capitol avenue and McCarty street and negligently allowed the cratt on the sidvwa'k" to be loose, .so that when the stepped on It it tipped and she fll Into the hole. The city i made defendant tor allowing the sidewalk to be in a dangerous condition. Final Report in Receivership. Charles W. Richards, receiver of the Electrical Appliance Company, yesterday made hi.s final report in Room 2 of the Superior Court, lie showed that outstanding claims areate and thtre is no mon y to make a distribution aftr the rectlver is i lid. He taya he has acted as attorney for himself, defended two suits.

and after the costs of the receivership were settkd there remained but 537.52. which he asks b allowed him for his services.

Walts Injured 111 Knee. Edward C. Vait3 yesterday filed suit against Henry C. Vehling for S3v) damages. He avers that Vehling allowed a pU'ce of iron to remain about three Inches above th sidewalk in front of his premises at No. 708-710 Virginia avenue, and when he attempted to step off the sidewalk his foot caught and he fell. He says hi? knee was Injured and that he will be crippled fur life. In the Probate Court. Julia Goodheart was yesterday appointed exerutrlx of the estate of Hannah E. JIo?fs and gave a bond of $13.000. Charles V. Kuetemeier was appointed administrator of the estate of Thomas Brown and gave a bond of $-ft. the toiiiT HEf onn. Sl'PERIOR COURT. Room 1 James P. Baker, Special Judge. John Williams vs. The Columbia Club; rtamagfs. On trill by Jury. Room 2 James M. Leathers. Judge. Martin A. Gross vs. Van Carr.o Burial Vault Co.; contract. Jury returns verdict of for plaintiff. Alton Terminal Railway Co. vs. Chicago & Southeastern Railway Co.; damages. Finding and judgment against defendant for Sl'M.tt). Chicago. Peoria & St. Louis Railway Co. vs. Chicago & Southeastern Railway Co.; damages. On trial by court. Ioom 3 Vinson Carter, Judge. Frederick Stahlhut vs. Caroline Freund et al.; foreclosure. Dismissed and costs paid. Wm. Blizzard vs. Samuel V. Patterson; on Judgment. Plaintiff dismisses cause; judgment against plaintiff for eo?ts. David W. Barnett vs. The Union Traction Co. of Indiana. On trial by jury. CIRCUIT COURT. Henry Clay Allen, Judge. Susie James vs. Joseph James; divorce. Dismissed by plaintiff. Judgment against plaintiff for costs. Mattle Wilson vs. Verney Wilson et al.;

HARBOR OF FORT DE FRANCE.

stone from the Mont Pelee volcano fell In tho partition. Commissioner's report of sale approved. Deed approved. Distribution ordered. Allen Jennings vs. Wilson S. McMillan et al. ; malicioui- persecutions. Cause dismissed for want of prosecution. Judgment against plaintiff for costs. Mary C. Insh vs. Elenore Kuhlmann; on account. Trial by jury resumed. Evidence concluded. NEW SUITS FILED. Rosa Grossman vs. Frederick J. Meyer et al.; damages. Demand $5,0)0. Superior Court. Room 1. Ruey Rubush vs. Theodore Koehring et al. ; mortgage foreclosure. Circuit Court. Ida Osgood Stanley vs. Charles W. Osgood et äl.; to quiet title. Superior Court, Room 3. Elizabeth Jane Karkrader vs. John H. Karkrader; divorce. Superior Court, Room 2. Edward C. Walts vs. Henry C. Vehling; damages. Demand $5,o. Superior Court, Room 1. HIGHER COIRTS' RECORD. SUPREME COURT. 1IK4I. Emerick vs. Miller. Wabash C. C. Affirmed. Hadley, J. 1. When a purchaser at sheriff's sale in a foreclosure proceeding is denied possesssion by the judgment defendant after the deed by the sheriff is executed, upon notice and motion such purchaser may procure a redocketlng of the case In foreclosure proceeding and file a petition for and procure a writ of assistance to put him in possession of the premises purchased. 2. A writ of assistance issues only when the right to possession by the petitioner Is clear, and presupposes that the rights of the parties and nrivie3 with respect to the property remain the same as upon the original decree and such as follow the decree and the sale had thereunder. Such writ may be procured by the grantee of the original purchaser. 4. Although a judgment may have been procured by fraud, it Is conclusive until assailed and relief granted therefrom. Hoover vs. Pat ton. Montgomery C. C. AfHrmed. Dowling. J.To question the ruling of the trial court in excluding offered testimony, the offer to prove must be made after the objection is made and before the court rules thereon. 1MS3. P.. C. C. Q St. L. Ry. Co. vs. Fish. Pulaski C. C. Petition for rehearing" and motion to modify denied. Minutes. Pittsburg. Cincinnati. Chicago & St. Louis Ry. Co. vs. John W. Flh. Pulaski C. C. Printed copies (S) of petition, motion and brief (S.) Motion to modify and petition for rehearin? denied. ll'l. Thomas Wright vs. Firman Bertlaux. Madison C. C. Appellant's brief (S.) Appellant's petiton for oral argument APPELLATE COURT. Z7. Ridgewav vs. Hanr.um. LaporteC. C. Affirmed. Robinson. P. J. 1. Where a tenancy Is definitely stated as to time, in writing, and the tenant goes into possession under such agreement and continues to hold over alter the close of the term without a new contract, the rights of the parties are controlled by the terms and conditions of the contract under which the entry was made. 2. When a tenant holds over at the expiration of his lease for years he becomes a tenant from year to year. 34'.S. Mount vs. Haven. Fayette C. C. Petition for rehearing overruled. Minutes. 43T1. Henry C. Dodge vs. Ruel M. Johnson. Elkhart C. C. Appellant's brief (S.) 431'. Ohio Farmers' Insurance Co. vs. Henry Vogel. Jackson C. C. Appellee's brief (S.) 4311. Marv E. Small vs. Walter Finch. St. Joseph C. C. Appellee' brief (.) . 4r0C. Chicago & Southwestern Ry. Co. vs. Augustus C Wood. Administrator. Appellee's brief (S ) 35C2. The Prussian National Insurance Company vs. Isaac reterson. Jay C. C. Appellant's addltonal authority. INDIANA STATE BANKS. Condition ni Shown in Reports to the Mate Auditor. As given in the reports to the auditor of state, the total resources of Indiana State banks on April r were $2.015.32 o?. compared with $2$.074.S37.$0 on Feb. 25. 1W2. and 524,23?. 6.14 on April 10, l!d. The report shows an Increase of more than J4.0v.YjO In a year's time. There were 17 banks that made a report to the auditor of state, as against 10 reporting in February and 102 one year ago. At the present time there are 111 State banks. In three months loans and discounts have Increased over $'UI0; the surplu- over $10n.iV). Individual deposits on demand show a slight decrease, while Individual deposits on time show a slight increase. '

IN AID OF MONUMENT FUND

SPECIAL COMMITTEE ON A II RANG E3IENTS HOLDS A 3IEETING. Rendlns y Indiana Authors at English's Will Be a Notable Event Booth Tarkington. The special committee composed of W. C. Bobbs. Harry S. New, S. E. Morss. H. U. Brown, Evans Woollen and H. H. Howland, which was appointed by John G. Williams, vice president of the Harrison Monument Association, to arrange for the Indiana authors" readings at English's Opera House. May 31. met at the office of Mr. Bobbs yesterday afternoon. The readings will be given for the benefit of the Harrison memorial fund. Boxes will be sold at auction next Monday at noon. The regular sale of seats will open next Tuesday and the prices will be $1.30 for lower floor. $1 reserved In balcony and 75 cents for seats not reserved and 50 cents in the gallery. Mr. Morss was appointed chairman of the committee to arrange for the entertainment of the visiting authors who will take part in the programme. Mr. Brown will have charge of the theater and decorations and Mr. Woollen will arrange the souvenir programme, which will contain half-tone cuts of the authors. The committee received a telegram yesterday from Senator Fairbanks, stating that he will make a special trip to Indianapolis and will be present at the readings. As president of the Indiana Harrison Memorial Association he will preside at the readings. In speaking of the programme last evening Mr. Howland said: "I do not believe city. there is a State in the Union that could gather together such a notable array of literary talent as will give readings at English's May 31. Many cities could possibly secure a number of noied authors, but they would not represent the same State as the authors who will appear here will represent Indiana. In the list are Gen. Lew Wallace, James Whltcomb Riley. Charles Major, Newton Booth Tarklngton. George B. McCutcheon. George Ade. Mrs. Catherwood and Meredith Nicholson. These authors could never have been brought together at the same time had It not been for the worthy cause for which the entertainment is being arranged. They have all notified us that they will be present and have entered into the matter with a commendable spirit. Great interest Is being manifested In this entertainment and a handsome sum should be realized for the Harrison monument fund." TAR KINGTON WILL READ. Brilliant Indiana Author AVho Will Appear for .Monument Fund. Booth Tarkington, who is one of the eight Indiana authors who are to give a programme of readings at English's Opera House a week from Saturday night, in aid of the Harrison memorial fund, is a native of Indianapolis and nephew of the late Senator Newton Booth. He went to the public schools here, to college at Purdue, and took a special course at Princeton University, where,' as one of the editors of "The Prlncetonian," he displayed marked ability as a short story writer. Returning to Indianapolis he began at once serious literary work. He did not make an immediate attempt to rind a publisher for his work, but set himself to the task of perfecting himself in his chosen calling. The result of these years of labor was shown at once when "The Gentleman from Indiana" made Its first appearance in McClure's magazine. As a serial it was widely read and highly praised. The book following the magazine publication was a distinct success and made Mr. Tarkington prominent at once and placed him in the front rank of the younger authors. "Monsieur Beaucalre" followed this very shortly, and. as everybody knows, was an immediate success. Mr. Mansfield's triumph in its dramatization is known to every one. Mr. Tarkington is a versatile young man, having a taste for music, drawing and acting. He devotes, however, all of his serious thought to his chosen profession, literature. His new novel, the name of which has just been announced, "The Vanrevells." is to begin serially in the June number of McClure's Magazine. It Is a story of Indiana, the scene being about the time of the Mexican war. No definite announcement of Mr. Tarkington's selections for the Harrison readings can be made until he returns from New York. In that city Mr. Tarkington is a great favorite among the literary and theatrical people. He is stopping while there at the Players' Club, where he is always welcomed by the group of brilliant men who make that club their home. CHIN HEE'S ARRAIGNMENT. A Continuance 1VHI Ir Asked In Police Court To.l)aj. Chin Hee, the accused murderer of Doc Lung, will be arraigned in Police Court this morning. On account of some important evidence the detectives have procured in the last few days a continuance cf the case will be asked. The State has procured the services of Taylor Gronr.inger to aseist Prosecutor Collins. There is a large mass of evidence to be arranged, and the attorneys have not yet completed it. Gee Gong, a Chinese doctor from Chicago, who is a graduate of Harvard, has bee-n obtained by friends of Chin Hee to act as Interpreter dunnj the trial. The detective department has secured the services ot Moy Kte. RECEIVES HIGHEST AWARD.

Commendation for Factory Inspector .McAhee's Paris Display. State Factory Inspector McAbee has received from the officials of the Paris world's exposition the notification that his display of papers and reports, showing how the department of factory Inspection is conducted In Indiana, received the highest award of the judges. A medal will be sent to Mr. McAbee later.

NONE BUT THE BRAVE By HAMBLEN SEARS.

i Synopsis of Preceding Chapter. Merten P-alfort. of Putnam's division of the Continental Army, starts on an Important mission to General Waihington, along the Hudson river road, when he encounters a coach which has been overturned. He nnda a lovely girl la distress and e-aeorti her to an Inn.

CHAPTCR II. IN WHICH THE WORLD ENDS FOR ONE MAN AND BEGINS FOR ANOTHER. The scene that met our gaze as we got through the door was anything but consoling. In fact, my companion drew back against me as she entered, and instinctively grasped my arm. For the room, which at best was about what might have been expected from the exterior of the house, was now filled with the fumes of foul tobacco: and the long, low ceiling was black with the smoke of lamps that spluttered and smelt till the atmosphere turned the gorge. At one end burned a fire in a huge fireplace. Two or three common tables were in the room, and around one of these half a dozen men stood holding their mugs high in the air as they reeled about and sang in drunken discord: "For he's a cho-l-l-y good fel-lo-o-wl F'r he's a cho-l-l-y good fel-lo-o-w! F'r he's a cho-l-l-y good fel-elo-o-o-o-w. As no-body ca-an de-e-ny-y-y !" It was clear enough that the jolly good fellow on this occasion was a wretched lump of clay lying In a most Inhuman posture under the table. At the farther end of the room stood a bench, which, from the bottles upon 't, was evidently the bar, and behind this leaned the tavern keeper, thumping out the time with a pewter mug. As the company appeared to take not the slightest notice of us, but continued to celebrate the virtues of their for the time departed friend, I led my companion over to the fireplace, drew up a stool for her and bade her sit quietly for the double purpose of drying her clothing and avoiding any unnecessary attention from the other occupants of the room. Then, still moving quietly, I approached the landlord, and. with many a misgiving, asked him for some sort of food and drink. "Aye, food there is none," cried he; "but you can drink yourself to death, an you will, my friend." And forthwith he pointed to a row of ale kegs. "Listen to me, landlord," said I sternly. "I have a lady here, and she must have food and lodging this night" I got no further, for he began thumping upon his bar and shouted to the revellers: "HI, boys, look here! What in hell's name do ye now! Stop yer screaming and howling! Do yer not see there's gentry present?" The noise ceased In a moment, and the company stood looking at the tavern keeper, and then, following the line of his finjer, all turned like automatons to where the girl sat bending over the fire. I had an instant to study them closer, and became aware, as one will In the twinkling of ah eye. that one of the company appeared to be of a better sort. He wore top boots and riding breeks and a swallow-tail coat, befouled with mud. and by his side hung a long sword. Another was a somber, longfaced countryman, while the rest appeared to be clowns, that are alike whether in town or country the world over. The silence lasted but an Instant, and then he of the riding boots straightened himself and cried out: "Why, you whelps of Satan, do you not know a lady has graced our board?" And. as I sidled over to the fireplace, he rolled this way and that, and finally came close to her as she turned to look at him. "Madam." said he, as he started to make a profound bow with a sweep of his pewter mug. sending a thin line of ale In a circle over the floor, "mad'm, I s'lut'e ye" But the bow was too much for him, and he stumbled over his own feet, and fell at hers. The quick turn of her head, as she stepped back from him. threw her hood back on her hair, and then I saw her face for the first time. What a face It was! I shall never forget it, never! I could not describe it; for it seemed then all eyes and wavy brown hair, and a small mouth, that had more of scorn m It than I could have believed possible in any human feature. Beautiful? Aye, that it was. white now as snow, in its frame of dark hair and darker hood. But I know not what devilish Influence the face had on me, for, as the man struggled to his feet, she gave him a slow look, and then, turning to me, said quietly, with contempt In her voice: "Will you not prtotect me, sir?" And I. without hesitation, struck the fool in his face with my closed fist and sent him rolling over himself against the wall. 'Twas a foolhardy thing to do. and I knew It before I had finished. For, no sooner was he down, than a howl set up from the others, as they made for us. There was but time to push one of the long tables between us and to draw my rapier, when the crew was at the other side of the low barrier. Yet then I felt more tranquil than I had since entering the tavern; for the affair was taking on the look of a fight, and I had been In so many, large and small, of late, that there was a certain familiarity to it. and it- put me more at my ease. I turned the ristol out of the nearest man's hand with my point, and got the girl behind me. when the leader (for so he was) got upon his feet, purple with rage, and roared: "Stop there! The man has Insulted me! Stop! This Is not for you. clowns! Clear away here!" And with a soberness I had little expected, he scattered them to either side. and. leaning his hands on the table, spluttered in my teeth: "You, sir! You have struck me in the face! Are ye a coward, or will ye settle this here now?" "Nothing could he better." I answered. Indeed, nothing at that moment could have been better, for it quieted the others, or else in a moment we had both been dead, or one of us worse. "Nothing could be better." I repeated: "but I will not stir from here, unless you make it a fair fight and give me fair play." "Never fear, my fine gentleman! I'll give ye fair play enough, and a foot of good steel to the bargain! Here. you. Gowan." he added, turning to the tavern keeper, who seemed to be surprisingly sober, of a sudden, too, "push away these tables, and you. my friends. If one of you does aught to Interfere. I'll blow out his brains!" And he tapped a brace of ph'tols in his belt. They obeyed him like lambs and set to work, pushing the chairs and tables against the walls of the room, while two dragged the "Jolly good fellow" by the shoulders under the bar. So much will a serious fight do to cool the wine-heated brains of men in such riotous times as these. For my part. I turned to the girl, to find her looking up at me with undisguised fright in her eyes. "Keep close by the fire," said I quickly; "there Is naught to fear" though there was enough and to spare. For what might happen when I had settled this one, I could not tell. A strange little smile passed over her face at what I had said, and then she answered: "1 will. But can you nzht?"

Now, I do not know why it should, but it did, cut me to have such a question fl-ung at me as I was on the point of going into a struggle that she alone had brought upon me. It might have seemed that she could think of some one but herself at such a moment; but. as I have said. I do not understand the working of a woman's mind. So that, whatever I may have thought, I only said: ' "We shall soon see, mistress, and for your sake, at least. I can but try." She looked straight into my face again for a moment, and then moved over to the fireplace without a word. "Now, then, sir, are you ready?" asked my man, and I answered by moving into the middle of the now cleared room. I liked it not in any way. The lights were bad. At best 'twas but a fog, and a man cannot be blamed for wishing a good light to watch his enemy's eye. To one side of the room I could see five thievish-looking knaves

standing together, and what I might expect of them at any moment could not be guessed. Then, too, good swordsman as I was and 'tis no conceit that makes me say so, for I had had three years of work by day and night, and half a dozen before them of constant practice with my father. Captain Balfort, of the Indian wars but, good swordsman as I might be, no fight is a surety, and I knew nothing of my antagonist, excepting that he was partly under the influence of liquor. If I fell, what might not become of the girl, what might not the papers in my boot mean to him, and those to whom he belonged. And it soon appeared to whom he belonged, for he crossed my sword at once, saying: "And now for myself and for the king! Watch out, you bastard, for I am the best of men to play with this tool!" And, indeed, he was a master hand. I could tell at the first thrust that he was better than I, and had he been empty of liquor, this tale and my Own life had ended there and then in that dirty room. He was inside my guard a dozen times in the first two minutes, as we circled round each other, playing constantly for the light of a single lantern that hung over the outer door. Still. I was growing calmer, and had begun to gauge him better when he slipped over my thrust and ripped the shoulder of my oat with a sudden and a true stroke. Then, on the instant, I heard a stifled cry; and, glancing by his head, I saw the girl standing by the fire, leaning forward, her hands nervously clasped together at her throat, her hood down upon her shoulders, and a look of terror in her eyes. "Ah," said the wretch, "my lady whimpers, does she? Fear not, I'll give her comfort when thou hast gone to hell." 'Twas a spur that made me mad to think on, realizing as I did that he had all but done for me that moment, and I went at him with every thrust and stroke I knew, beating his rapier till the room sang with the blows. But I could not touch him. He was-a marvelous good hand, and no mistake; for he gave ground till I had him with his foot at the other wall, but not once did I get Inside his guard. "Keep your hounds in their place," I cried, between my fast-coming breath; for the men. whether from interest or with some foul design, had gathered closer to us. "Stand off, you fools!" he cried in answer. "Do ye not see I have him pinked already? Look ye at that and that and that!" And he broke away from the wall, and pressed me as I had never been pressed before, nor wish to be again. Once he touched me above the wrist, and I could feel the warm blood running down into my sword hand. This was no country lout. In good earnest, and I knew then that I had to do with some British officer without his uniform. Another stifled cry came from the direction of the fireplace, sounding clear in the silent room, and a smile played over the man's mouth as he muttered: "Now one for the king!" And he drew a little away from me. I stood my ground and let him go. And as I took a breath or two to catch my wind, and brushed my left hand across my eyes to wipe away the sweat, I cried at him out of the bitterness of my heart: "Damn you and your King, for villainous knaves! Come, are ye afraid, that ye draw away?" Before I had well finished a look came into his eyes as he stooped, and then, with only the thought of saving myself from a thrust I did not know, I Jumped to the right and thrust my suord straight out at him. He had not counted on the quarts he bad drunk, and the stooping posture must have affected his balance; for he lunged beyond his power to recover, and, as he half fell, half thrust by me, his blade, went through the tail of my coat, and my own passed clean through the top of his left shoulder. Down he went, carrying my sword with him, and a howl set up from the men. "A foul blow! A foul blow!" they cried, and I had but time to rull my rapier away when they were upon me. The first to come caught my fist on his nose and rolled away with a groan of pain, but in an instant the others had me down. 'Twas a wTetched scramble of a fight, one against four, and I kicked and struck out and cursed them all for cowards, when on a sudden the officer's voice sounded, high above the others, and with his one good arm and the tavern keeper's assistance, he pulled the crowd off. I jumped to my feet, dazed and nearly mad with anger, to receive a tap on my shoulder from the flat of his sword. "Ye've not finished with me, my friend! Have ye had enough?" "I? You BrKlsh spy! I had enough? Ill send your poor soul to hell before I've had enough!" "Good!" said he. "Good! 'Tis a proper spirit. But hell waits for others than me to-night;" and he was at me again with the blood running down the soaked sleeve of his left arm, that swung aimlessly at his side. The man was game beyond a doubt, and a strange respect for him crept over me, cooling my brain and giving me a sight of what I roust do to save my own life. Again he beat into my guard. Again he pushed me to the wall. But I wa3 cooling down, and he could not stand the' terrible strain. If I could but hold him off, his heavy drinking would san his strength before mine began to fail, and with that new heart came to me, and I smiled on him as he worked to touch me. That and the knowledge of his falling strength, goaded him in a tender spot, and he lost his temper and his easy air. I could hear him mutter a soft curse now and then, and the cool smile was gone. Then I tried again a dodging thrust that had met a wail of cold steel earlier In the fight. Waiting till he prepared a thrust of his own, I parried with a too waving motion, and swung my blade far out to the right. He saw the lost guard at once, but saw too This 'Ui

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AWNINGS 9TWASHINGT5?5ll r - 3 rs FURNITURE, CARPETS, STOVES and STEEL RANGES n f if j Complete Chas. L Hartmann sax.,. 315-319 E. Washington St. We now cover 20,000 feet of floor pnee. THE HARTFORD TYPEWRITER A Standard Machine Price $60. SENTINEL PRINTING COMPANY bole Agents for Indiana. 123-125-127 West Market Street, 'PHONis 503. INDIANAPOLIS. NATIONAL The Best Wheel in the Town. WATSON & CO., ÄVSS'st. SOLE AGENCY tor tbe la in fa i CT And other high-grade Pianoa. Low Price: Easy Term. PEARSON'S PIANO HOUSE, lMUIAMAi'ULlS, 12 D. late how I drew In my arm and turned the point at his breast. I dropped on both knee as his rapier parsed close by my head, and he literally spitted himself on mine, falling heavily on me without a sound. Knowing what would come, I rolled him over, and. jumping up, drew both pistols, and stood looking about the room, which, through my blurred eyes, showed me what seemed to be a hundred faces. "The next will die sooner," I cried. "Which shall it be? Which hall It be? Will ye not come, none of you? Ah!" And then, seeing some one rushing towards me, I leveled the pistol straight at his head, raising my eyebrows to get a clearer look, when. God help me, I had like to have shot the girl! "You are hurt," said she softly. "Where? Where Is it?" and. looking up at me with eyes that were filled with tears, she took my right wrist and turned back the sleeve. 'Twas but a scratch, but his point had touched a vein and let out a deal of blood, and I saw her sway at the sight. "Have a care," I said quickly; "they are coming;" but she stirred not a stp. and proceeded to wipe away the blood from my arm. And then, growing cooler. I saw the tavern keeper warily stepping forward, bowing and apologizing and keeping a sharp watch on my two pistols. "'Tis over, sir. The men here will ret break their word" a fine thing was their word, to be sure "but the gentleman is dying, sir." For the first time I looked at him. lie lay just as I had rolled him over, but any one could see that be breathed heavily still. "Here. you. Jim," said Gowan. "You know some'at of such things. Is he dead?" The sallow-faced countryman stepped over and straightened out the body, keeping a careful eye the while on my pistol, as my companion swiftly and gently bound her handkerchief above the cut and stopped a part of the flow. Then she as gently pushed me on to a stool by the table and stood with her hand unconsciously resting on my shoulder as the countryman ripped up the officer's jackefand bared the wound. " 'Tis beyond me." said he finally. "Ye can do naught but wash it with clean water and wait." "Take him Into the other room here." said Gowan. and three of them picked him up and carried him Into the inner part of the tavern. ITo Be Continued To-morrow.) Copyright. 1X1. by Frank A. Muny "In th Shadow of War." Copyright. by Oo44. Mead & Co. Signatare Is oa every box of tb genuine

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Ranges will be shown in full operation. Come and see bow quickly the oven can be heated, how easily the burners can be cleaned. Over 1,000 already in me in Indianapolis. Made with high broilers burners that lift out can le adjusted in a minute so as to burn either natural or artificial gas They save the gas. Economy, Durability and Convenience Combined. ft Flannels Crashes Homespuns k03 Almost limitless ss lection. Th ee we make to order (and we have all colorings, vrcaves and finishes), at Coat and Trousers $16 Suits : : : : $20 No trouble to show these goods. We're ready to tell you about them. All garments mads by us kept in repair one year free of charge. Kahn Tailoring Company Makers of the Kind of Clothes Gentlemen Wear. for anybody! jAil Havana.Fjller ' FL0R0D0RA BANDS are of 3am e value as tags from 'star: 'horse shoe: 'spearhead: 'standard navy: 'OLD PEACH & HON Er and O. T: 'Tobacco. 8 CA LS, ITi:.Clt.S AM) kTAMI's.

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