Indianapolis Journal, Volume 52, Number 336, Indianapolis, Marion County, 2 December 1902 — Page 7

THE INDIANAPOLIS JOURNAL, TUESDAY, DECE3IBER 2, 1902.

I

SALEM'S COHORTS TO-DAY

THAT DIANA TOWN WILL. BE AL3I0ST dhpopilatud. Vrlal of D. A. Jrnnlng'a $200,000 Danin' Suit Many Cases In the Local Courts. The trial of the suit of D. A. Jennings against Ell Vv Menaugh, of Salem, and many others of that city for W0 damages will begin before Judge Baker In the Federal Court to-day. It is expected that the case will occupy much time, as depositions of " over fifty witnesses will be read and over one hundred witnesses will take the stand. Jennings in h's complaint, filed eighteen months ago, alleged that he had been the victim of organized persecution and ostracism In Salem and had ben driven from the community. He was the publisher of the Salem Democrat and later of the Searchlight, and for nine years was In more! or less strife. In 1D00 he moved to Ohio end bgan the suit. Among the defendants ure the sheriff of the county, the Judge of the Circuit Court, the prosecuting attorney, the postmaster and others. The trial of the case will take out of Salem for many days all of the most prominent business and professional men. All left Salem this morning on an early train to appear in court. Jn his complaint Jennings alleged that he was In fear of assassination if he returned to Salem, but dispatches from there say he has been in Salem for several tiays talking to his witnesses. ' m "WOMAN SIK COMPANY. Tressa Martin Sayn She was Humiliated and Suffered Shock. The refusal of a conductor of a Brightwood car to accept a transfer from the North West-street line has caused a suit for damages to be filed by Tressa Martin, colored, against the street-railway company. Mrs. Martin avers In her complaint that she boarded a North West-street car on Nov. 17 and received a transfer to the lirightwood line. She boarded the second car at. Illinois and Washington streets and tendered the transfer ticket in payment for her fare. The conductor refused to accept it and demanded another nickel. She refused to pay the additional fare and alleges that the conductor then called her a liar a "nigger" and a "dead beat," after she had explained to him the cause of the delay. lie threatened to eject her if she did not pay the fare and when she told him he would have to do so he "dragFed her from the car." She charges that his assault on her in putting her from the car was unwarranted. When ehe found that he would push ' her off the car she Said him 5 cents for a fare. The shock to er nervous system and the humiliation and shame of the conductor's treatment have damaged her in the sum of $1.000, she claims, and she asks this amount from' the street car company, ST. JOSEPH IMVER NAVIGATION'. Federal Court Asked to Knjolu the Building of a Dam. A bill was filed In the Federal Court yesterday by the St. Joseph River Navigation Company, of Elkhart,, for an injunction against the building of a dam near Elkhart, In the St. Joseph river, by the St. Joseph & Elkhart Power Company. The suit opens all the questions of riparian rights and 1 ntfrsf a t TIM vi sr t Inn anH t ra r a f v ä Ks federal Court a tight that has been long wagea against me uammjng or the St. Joseph river. The bill alleres that th nlalntlfT !x nr. ganized under the Indiana laws to navigate me river, ana mat it could do so but for the dams and other obstructions in It. The bill also alleges that the river is classed, listed and claimed for navigation hv the fedriai fcovernmeni irom us moutn at St. Joseph. Mich., to Mlshawaka. ten miles south of Elkhart. Clear of obstructions, the river i3 navigable for boats carrying one hundred tons, and it is now navigated by the May üraham, u teamer, as far as Berrien's Springs, at the northern Indiana State line. It is alleged that the construction of the dam will prevent the plaintiff from enjoying cheap water transportation. It is also alleged that the defendant has not gained the consent of Congress to build the dam. Judge Baker fixed the hearing lor a restraining order on Dec. 9. Master's Finding Criticised. In the suit of the Chicago Board of Trade against the L. A. Kinsey Company to enJoin the use of the market quotations of the plaintiff, the defendant yesterday filed a bill of exceptions, contained in sixty-five pages of typewritten manuscript, to the report of Special Master in Chancery Edward Daniels. The master held for the plaintiff in his finding of facts. The brief of the counsel for the Kinsey company criticised the master for indulging in "suspicions," and argued that Incontrovertible facts, not suspicions, should guide a court. Levy's Complaint Defective. Judge Baker yesterday held that the complaint of Jules Levy, who sued C. G. Conn, the Elkhart band instrument. manufacturer, for $100,000 damages for libel, was defective, because it did not allege that Levy had given the three days' notice of libel required by the Indiana statute. Judge Baker held that a journal was not a daily newspaper, but one which was published at regular intervals. . The plaintiff was given leave to amend his complaint. airs. .Minturn Secures n Divorce. A decree of divorce has been granted to Mrs.- Leona! Minturn from her husband Joseph A. Minturn by Judge Carter in the Superior Court. Mrs. Minturn was granted the custody of the four children and J10 a month for the maintenance of each from her husband's income. Minturn was formerly a member of the Indiana State Senate. A Suit for Damages. The suit of the Indiana Manufacturing Company against the I.. D. & W. Railroad Company for damages was on trial yesterday before Judge Allen in the Circuit Court. The manufacturing company is seeking to recover damages because of the alleged failure of the railroad to deliver machinery. i . Judge Baker Appoints Ilecelver. In the suit of I T. Dickason against W. H. White and Gustave A. Conzman, his partners, for a receivership for their business. Judge Baker yesterday appointed Fred I'iepenbruck receiver, and fixed his bond at $-V.P00. The court also rcferree! the case to Kdward Daniels, master in chancery for hearing. Arrases Ills Wife. In John Davis's complaint for a divorce from Bessie Davis, filed yesterday, he charges his wife with infidelity, lie alleges that she deserted him in 1SVQ and has since that time lived in Anderson. Charles A. Dryer Judge Pro Tem. During Judge Vinson Carter's absence from Indianapolis attending the funeral of a relative in Bloomlngton, Charles A. Dryer is acting as Judge pro tem. in Boom 3 of the Superior Court. Petition In Ilnnkraptry. Augustus Ryse, a farmer of Liberty township, Shelby county, filed a petition in bankruptcy yesterday in the Federal Court. He gives his liabilities at $3,506 and his assets at im. -A. m . Lena MnmmenhofT Sues. - Lena Mummenhoff yesterday filed suit against Franz Mummenhoff for divorce. Mrs. Mummenhoff accuses her husband of cruelty and neglectful treatment. the cotm ncconn. 8UPERIOR COURT. Room 1 John L. McMaster, Judge. Joseph Parent vs. Jennie Parent; divorce. Plaintiff dismisses at his cost. The Crown Hill Cemetery vs. Patrick J. Hjran; foreclosure. Judgment against de

fendant, Patrick J. Ryan, for I1.903.Z1 and

costs. Foreclosure and sale ordered. W. W. Dye vs. Ievi II. Fessler; suit on account. Judgment for plaintiff against defendant for i"0 and costs. George II. Carter et al. vs. Elizabeth Nunn et al.; mechanic's lien. Judgment asainst defendant, Elizabeth Nunn, for J 12. 85 and costs. Foreclosure and sale ordered. Room 2 James M. Leathers, Judge. Christina Rhodes vs. John M. Rhodes; divorce. On trial by court. Room 3 Charles A. Myer, Judge Iro Tem. Blair-Baker Horse Company vs. Frederick Weilburg; on account. Judgment against defendant for $351.15. Leona A. Minturn vs. Joeph A. Minturn; divorce. Decree granted; custody of children to plaintiff and allowance for support of $40 for each month. CIRCUIT COURT. Henry Clay Allen, Judge. Marion Trust Company vs. John Lovett. administrator of Craig's estate. Submitted to court. Evidence heard. Finding for claimant. Allowed 2.Uu8.K). Costs against estate. Daisy B. Wilkins vs. J. Miller, administrator of Wilkins estate. Allowed agreement of parties for $50 at cost of estate. The Mod;l Life Insurance Company vs. F. J. Frier, administrator of Frier's estate. Submitted to court and claim allowed for at cost of estate. Dr. II. S. Leonard os. Grinstelner, administrator of Rathsam's estate. Allowed by administrator for 113, at cost of estate, preferred. Grinstelner Bros. vs. Grinstelner, administrator of Rathsam's estate. Submitted to court and claim allowed for Jill at cost of estate. Frammer vs. Grinstelner, administrator of Rathsam's estate. Allowed by administrator for $11.75 at cost of estate. Grinstelner &. Bro. vs. Mahoney. administrator of Robinson's estate. Allowed by administrator for $101 at cost of estate. R. Meeks & Sons vs. G. W. Shelby, administrator of Shepp's estate. Submitted to court and claim allowed for $71.50, preferred, at cost of estate. Collier & Reynolds vs. Reynolds, administrator of Klein's estate. Submitted to court and claim allowed for $221.75, at cost of estate, preferred. N. F. Daytton et al. vs. Albert E. Jones et al. Cause settled. Parties respectively discontinue complaint and cross complaint. Costs paid. NEW SUITS. Charles Mitchell vs. Louisa Mitchell; divorce. Superior Court, Room 2. John Brill, jr., vs. Isaac P. Russell et al.; complaint to foreclose mechanics' lien. Superior Court, Room 2. John Brill, Jr., vs. Isaac Russell et al.; complaint to foreclose mechanic's lien. Superior Court, Room 1. Hub Manufacturing Company vs. San-born-Marsh Electric; complaint to quiet title. Superior Court. Room 2. John Davis vs. Bessie Davis; complaint for divorce. Superior Court, Room 3. Lena Mummenhoff vs. Franz Memmenhoff ; divorce. Superior Court. Room 3. Tressa Murtin vs. IwManapolia Streetrailway Company. Superior Court. Room 3. William F. Gibbs vs. Mary E. Glbbs; divorce. Circuit Court. City Bond Company vs. Henry Colvin ct al.; complaint on improvement lien. Superior Court, Room 1. Amelia Frederick vs. George M. Frederick. Superior Court. Rcom 3. Susan Tucker vs. Oliver Tucker; divorce. Superior Court, Room 1. HIGIIEIl COURTS' RECORD. SUPREME COURT. Minutes. 10m Henry W. Mordhurst vs. Fort Wayne & Southwestern Traction Company. Allen C. O. Appellant's brief S. Appel lant's petition for oral argument. 1D933. The Wabash R. R. Co. vs. The Fort Wayne & Southwestern Traction Company. Appellant's brief (8. Appellee's brief APPELLATE COURT. Minutes. 45!. James H. McGregor vs. State of Indiana ex re I. John F. Ballard. Gibson C. C. Appellee's brief C. C. 4402. City of Michigan City vs. Agnes M. rhilllps, minor. St. Joseph C. C. Appellee's brief (S). 4533. David Chaney vs. The Ohio & Indiana Oil Co. Wells C. C. Appellant's brief (.$). Appellant's petition for oral argument. 4143. Ellery C. Webster vs. Sylvanus Major. Putnam C. C. Appellee's motion and notice to dismiss. f.MTED STATES SIPHE31E COURT. Decisions in a Number of Cases Col orado Quarantine Law L'pUeld. WASHINGTON, Dec. l.-The United States Supreme Court to-day sustained the constitutionality of the stock quarantine law of Colorado. The decision was announced by Justice Harlan, and was based upon the case of S. H. Reed vs. The People of Colorado. The law prohibits the importation of cattle or other live stock into the State from points south of the thirtysixth parallel of latitude between April and November, unless they bear bills of health. The law was attacked as unconstitutional, and also as antagonistic to the interstatecommerce law and the animal Industry law, but the court held the law to be in accord with the right of the State to protect its own citizens. An application for a writ of errer in the habeas corpus proceeding instituted by Reed also was overruled. In an opinion delivered by Justice Brown, the court affirmed the opinion of the California Circuit Court in the case of Simeon I. Grin, a subject of Russia, now In San Francisco, who is charged with the embezzlement of 25,000 roubles in his own country, and who seeks to evade extradition. The effect of the decision is unfavorable to Grin, and the warrant of extradition issued by the United States commissioner will take its course. Justice White, of the United States Supreme Court, to-day delivered the opinion of that court in the case of the Northern Central Railway Company vs. the State of Maryland, involving the right of exemption of that road from taxation under old charters. The opinion cf the Maryland Court of Appeals, which was favorable to the State, was affirmed. The case of the United States against E. A. Mosely, secretary of the Interstate-commerce Commission, involving the right of the commission to withhold from the auditing officers of the government copies of telegrams sent by it, was to-day decided in Mr. Mosely's favor. The opinion was handed down by Justice McKcnna, and he held that in showing that the elegrams in question were of a confidential character the requirements of the Treasury Department had been substantially complied with. The Supreme Court delivered the first opinion ever rendered by it in a case com ing up from a Hawaiian court. The case was that of the Equitable Life Assurance Societv of the United States against Cecil Brown, administrator of the estate of Thomas H. Smith, air. bmitn was domiciled In Hawaii, and while there took out a life insurance policy. He afterwards died in San Francisco. Administrators were appointed in both Hawaii and in New York. the latter appointment being made at the Instance of relatives in this country. The insurance company refused to pay the pol icy to the Hawaiian administrator, on the cround that Dy its terms tnc policy is pay able at its New York office. The territorial court's decision was opposed to this contention, and to-day's opinion did not disturb the case as thus left, the court dismissing the writ on the ground that no federal ques tion was involved. The court, in an opinion by Justice White. sustained the power of the secretary of the interior, under direction of Congress, to lease mineral-lands held by Indians. nECEM LEGAL OI'I.MOSS. Criminals Employment of Counsel. In closing his argument in the trial of a criminal case, the prosecuting attorney stated in reference to the prisoner's coun sei: "He is one of the shrewdest lawyers In criminal cases you ever saw, and Is em ployed to defend every one who has a bad case, provided they pay. He never works without pay." Held that, although such remarks arc improper, standing alone, with out further error in the case, they are not ground for reversal of a Judgment of con vlction. A prisoner has a perfect right to employ such counsel as he sees fit. and that they are able lawyers is not to prejudice his case. 0 Southwestern Rep. (Kentucky, judge White), 41. Fire Insurance Adjustment of Loss. After a loss by fire an insurance com pany sent its adjuster to investigate the loss. During the time within which the owner of the property destroyed was en titled to furnish proofs of loss required by the policy, negotiations were conducted which authorized the owner to believe rroofs of loss would not be required. In an action based upon the company's refusal to pay the loss it was held that such conduct upon the part of the adjuster operated as a waiver of the provision of the policy requiring proofs to Ik? furnished within a specified time. 64 Northeastern ep., Partnerships Indorsement of Notes. Where a partner constantly used the firm name for the accommodation of others by Indorsing notes In the came of the firm

for purposes entirely foreign to the partnership, his co-partner, who did not stop such practice and published no notice of the dissolution of the partnership to the public or to parties who were given credit to the firm name, was estopped from questioning the validity of a note bearing such indorsement, though made after the dissolution of the tirm. Northeastern Rep. (New York, Judge O'Brien), 916. J Street Improvements Removal of Trees. A tree twenty-four Inches in diameter standing two feet within the sidewalk and forming an obstruction by reason of Its location to travel thereon is subject to removal by a city in the course of proposed improvements within the proper street limits. The sidewalk for the use of pedestrians is a part of the public street. The proper authorities of incorporated towns and cities have complete control of the streets and their sidewalks for all lawful purposes. 61 Northeastern Rep., 042. Illegitimate Child Presence at Trial. In a prosecution for adultery it is not a ground for a new trial that the prosecutrix's father was present in court carrying the baby claimed to be the offspring of

ine anunerous relations, and that he held it in view of the jury, where its likeness to the defendant might be noted, no objection having been made by the defendant at the time to such conduct. 70 Southwestern Rep. (Texas, Judge Brooks), 22. Kicking Horses Liability of Owner. ' The Supreme Court of Massachusetts has decided that a horse that has given but one kick, and that in its stable, under circumstances from which to say the kick was vicious, cannot be held to have established a reputation for vlciou.mess, so as to make the owner of the horse liable to one who has received the full force and effect of a second kick. ELKS MEMORIAL SERVICE. It Will lie Held nt English's on Next Sunday Afternoon. The annual memorial services of Indian apolis Lodge, B. P. o. Elks, will be held next Sunday afternoon at 2 o'clock, at Eng lish's Opera House. It is the custom of the Elks ledges throughout the country to observe the llrst Monday in December as the day of commemorating their dead members. Judge M. A. Chipman, of An derson, will be the principal orator of the services. The programme is: Processional hymn, "Onward Christian Soldiers" Christ Church Vested Choir. Opening ceremonies of memorial serviceBy In-iianjpolis Lodce. No. 13. Anthem by choir, "Praise the Lord".... Randegger Prayer Bro. H. H. Lee, jr.. chaplain. Tenor solo and chorus, "Seek Ye the Lord" Roberts Mr. J. Raymond Lynn. Introductory address Bro. Joseph E. Bell, chairman memorial Committee, Violin solo, "Romanza" Sarasate Miss Margaret Lockwood. Soprano solo, "O Divine Redeemer".Gounod Mrs. Harry Francis Kimber, Galesburg, 111. Memorial address Bro. M. A. Chipman, Anderson Lodge, No. 200. Soprano solo and chorus, "Et Inflammatus" ....Rossini Miss Lulu Fisher. Christ Church Vested Choir (55 voices.) Quartet Miss Lulu Fisher, Miss Eva Jeffries. Mr. J. Raymond Lynn, Mr. Edwin Feller. Closing ceremonies By the lodge. Mr. Joseph Joiner, accompanist and choirmaster. PAINTINGS OF J. 0TTIS ADAMS. Exhibition at the II. Lieber Company Comprises Twenty Canvnses. J. Ottis Adams has a notable exhibit of oil paintings at the H. Lieber Company art store this week. The exhibition comprises twenty canvases, many of them portraying scenes near Brookville, Ind., where Mr. Adams's studio, "The Hermitage," is located. "The "Whitewater Valley," the largest canvas cf the collection, is admired by all visitors to Lieber's. It gives a view across the northern end of Brookville on a hazy November morning. The old mills in the foreground and the distant hills across the valley, with a stretch of river in the middle distance, are effective and charming. In this picture, as In a number of others, Mr. Adams has made use of two mills which are decaying and nearly ready to fall, but which, so long as they endure, will be a delight and an inspiration to the painter. Other beautiful canvases in the exhibition are "A Cloudy Hay," in which the artist has faithfully given the spirit of the earth, stfeam and sky; "Twilight," a charming view of Whitewater itself; "A Hillside," a scene in late October, with a wooded hill gleaming in red and gold under the afternoon sun; "Mornlnjj After Rain," with a bright sky turning the dripping trees into shimmering jewels; "On the Edgo of the Stream," in which Whitewater is acrain pictured; "Our Village," "Spring," "Late Afternoon," "FourLeaf Clover," "A Wet Day." "Riffles of the Whitewater," the last a delightful portrayal of the peaceful Whitewater on a bricht day, and other landscapes. The exhibition shown by Mr. Adams is praised by artists as well as by art lovers that visit the store. INVESTMENTS OF CAPITAL East Chicago Company Increases Stock nnl Others Incorporate. The East Chicago Company has Increased its capital stock from $100.000 to $2,500,000. Albert D. W. Ersklnc is president of the concern. The Little Hoosier Lead and Zinc Mining Company, of Indianapolis, has incorporated. The capital stock is $10,000, and the directors are George Young, F. M. Clark and E. Ilillard Weer. The Dunkirk News Company filed articles of incorporation yesterday. A daily and weekly newspaper will be published by the company. The capital stock is $000. and the directors are W. J. Lineback. W. G. Teague. Charles W. Smalley. J. C. Sullivan, J. C. Fudge.. George T. Whittaker, J. T. Sutton. John Hersh and J. D. Stule. The People's Coal Company, of LawrenceburK, Incorporated. The capital stock is $10.(h) and the directors are William Kunz, William Ritzman and Julius Schneider. The IVoosier Mica Company, of Indianapolis, filed articles of incorporation. The directors are Robert I McOuat. W. W. Campbell and J. Howard Campbell. The capital stock is $23,0i). The Civic Savings Association, of New Albany, a company organized by colored men to promote regular saving of money on the oart of stockholders, incorporated. The directors are S. C. Manuel. W. C. Vance. J. H. Michem, E. E. Gregory, William Wrisht. Henry Gantes, J. L. Warr, Charles Martin and others. The capital stock is $100.000. The Muncie and Jackson Coal Company, with a capital stock of $W,000. filed articles of Incorporation. The directors are Li ban T. Loar, Charles L Bender. Lincoln Lesh, Ora J. Young and R. C. White. The office of the company is in Muncie. FANCIERS' ASSOCIATION. The Annnal Exhibition at Germania Hall Feb. J to I I. The annual exhibition of the Fanciers Association will be held at Germania Hall Feb. 0 to 14. The prizes announced by Secretary Frank F. Johnson, of Howlands, Ind., are as follows: On twelve or more entries in any class the prize money will be, $5 for first on cocks, hens, cockerels and pullets; $3 for second: $1.5 for third; $1 for fourth; ribbon for fifth. On eight entries, $1 for first; J2.50 for second; $1 for third; 50 cents for fourth; ribbon for fifth. On four entries. $2 for first; $1 for second; 50 cents for third; ribbon for fourth. On two entries, $1 for first; 50 cents for second. On breeding pens of six entries, $6. first; $3. second: $15. third. On four entries. $H. first; $2, second; $1.50, third: ribbon, fourth. On two entries. $2. first: $1. second, and many hundred dobar? in cash specials. The entry foe will be $1 each specimen. Mrs. W. A. Grove, Sterling Centre. Maine, writes: "I was taken with a harsh, dry cough, and grew steadily worse. My neighbors thought I was going into consumption. Jayne's Expectorant cured me la less than ten days."

RESIGNATION OF COLLINS

POLICE COURT rnOSECUTOH GIVES IP HIS OFFICE. Ira M. Holmes Talked of ns II!v rrobaule Succemor Iteuon Given for the Resignation. James A. Collins, deputy prosecutor In the Foiice Court, tendered his resignation yesterday to Prosecutor Ruckelshaus to take effect Dec. 15. The resignation of Collins Is not a surprise, as it was rumored several days ago that his relations with Prosecutor Ruckelshaus were somewhat strained. The resignation was asked in a letter from Ruckelshaus which was found by Collins yesterday when he returned from Boston, where he had gone to eat his Thanksgiving dinner with his mother. The successor to the deputyship in the Foiice Court Is to be Ira M. Holmes. Holmes is well known among the lawyers of the city and has been identified with Marion county politics in recent years. He was at one time employed in the business office of the Journal. Last Tuesday the report was circulated that Collins would be forced to resign by Mr. Buckclrhaus, but this was denied by the latter. He declared then that he had not" asked Collins to resign, did not intend to as far as he knew and knew of no reason why he should ask for the resignation. He stated that he and Collins were the best of friends, and that no changes expected In his office would occur before January, the beginning of his new term. He said he did not know whether he would retain Collins or not and had given the matter no thought. The report was current at that time that Collins and Ruckelshaus had been unfriendly toward each other since the Republican county primaries. Collins, it was asserted by friends of Ruckelshaus. was lukewarm in his support of his chief and did not materially aid him to the nomination. Another part of the trouble is said to arise from the fact that Collins and Charles Benedict, now Prosecutor Ruckelshaus's assistant in the Criminal Court, are both avowed candidates to succeed Ruckelshaus. Collins by his work in the Police Court and his conduct of cases there has become widely known. It has been suggested that his continuance in the office would serve to increase his following and might aid him In the future tight against Benedict. Ruckelshaus has kept out of the canvass, it is said by his friends, but others insist that he is supporting Benedict. When Prosecutor Ruckelshaus was asked last night if he had anything to say of Collins's resignation or If he sent the letter demanding it he refused to discuss the matter. HALF-HEARTED DENIAL. Bryan Replies In the Commoner to a Story Recently Published. Mr. Bryan has replied this week in his paper, the Commoner, to the story originally published In the Journal, charging that he had sent out letters to Democrats in Indiana during the recent campaign urging them to defeat the Democratic ticket. The Nebraskan denies that he sent out letters to that purpose, but he makes the denial in a half-hearted way and follows it up by a virtual admission that the Indiana silverites must have knifed the Democratic ticket. In conclusion he gloats over the tesult in this State by saying that It showed that the attempted harmony among Indiana Democrats was a one-sided affair and that It proved "the folly of attempting to strengthen the Democratic party by compromise with the Republicans or by evasion of issues." Mr. Bryan says in detail: "The St. Louis Globe-Democrat of Nov. 13 contains a rpecial dispatch from Indianapolis which states that Mr. Bryan sent out ten or fifteen thousand personal letters to Democrats in Indiana Just before the late election (urging them to do all in their power to Insure the defeat of the Democratic ticket, State, county and township.) It is not true that Mr. Bryan sent letters to Democrats In Indiana urging them to defeat the ticket. The Commoner criticised the action of the Democratic State convention in ignoring the Kansas City platform and pointed out that it was bad politics, not to speak of the principle involved, to alienate faithful Democrats for the purpose of conciliating the men w?ho are opposed to the party's national platform. Just before the election the Commoner took occasion to criticise Democrats in New York who attempted to use Mr. Bryan's name for the defeat of the State ticket, and stated that he did not presume to advise the Democrats what to do In case the State organization repudiated the national platform. He considered it a question which each voter should decide for himself after duly considering the relative importance of State and national issues. The result in Indiana shows that the attempted harmony was a one-sided affair, and proves anew the folly of attempting to strengthen the Democratic party by compromise with the Republicans or by evasion of issues." It is to be noted that Mr. Bryan does not deny sending out the letter which was quoted In the Journal. He merely denies that it was a letter urging the silver Democrats to defeat the Democratic ticket. That is a question of interpretation. The quotation from the letter did not say in so many words that Mr. Bryan wanted his followers to vote the Republican ticket, but it put the case to them in such a way that they could construe it only as meaning that he desired them to take even that radical step as a measure of rebuking the "reorganizes" fo emphatically that they would not presume to attempt to control the national Democratic organization in the next presidential campaign. In another place in this week's Commoner Mr. Brj-an takes another editorial shot at the "reorganizes," saying: "According to the New York World the Democratic vote in Indiana this year was 46,000 behind the Democratic vote in that State in 190), and the Republican majority was greater than it has been in anv year since 1S02, with the exception of 1894, and the reorganlzers were in control that year also." Enchantment. With fall on fall, from wood to wood. The brook roii" mossy music down Or is it. In the folltu.Je, The murmur of a Faerie town? Some town of Elfland filled with bells, Or holiday of hu-rylng feet: Or traffic now whose mall tound swells. Now ginks from busy street to street? And oft Its folk I recognize In winged things that hover round. Who for men's eyes assume disguise When on some fairy errand bound. The bee, that haunts the touch-me-not, Bifr-bodied. makin braggart din. Is elfln brother to that ot. Jack Falstaff. of the Boar's Head Inn. The dragonfly, whoe wings of black Are mantle for his jrarb of green. Is Ancient to this other Jack. Another Fistol, long and lean. The butterfly, in royal tints. Is Hal. mad Hal, In cloth of gold. Who passes thee as once that prince Tassed his companions boon of old. Madison Cawela, in Llppincotfs Magazine. AFTER THANKSGIVING DAY'S GAME. Football riayer Doctor, they ay If you hold your breath when you're tackled in a football game It won't hurt you. Dr. Collier Dor. ns It rrobably won't If you hold your breath long enough.

I made biscuits and popover9 from Presto. We all liked them. It certainly Is excellent. It Is the best I ever used. There's a delicate taste to them that you can't get by the ordinary way, Wauhingtoa, D. C October 4th, 190a. (Signed) Bottie Brown, la employ of Gea. Nelson A. Miles, Wfeat does yotar cook say?

p. s n

THE IRON BRIGADE

A STORY OF THE ARMY OF THE CHAPTER XXIII. GETTYSBURG. The spring had come and gone, the flowera were in blossom and bloom, but the voice of the turtle had not yet been heard in the land. The eword of Lee led again to the border. The spirit of Jackson had fled to the skies. Grimmer than ever, old Ewell now ruled at the head of the famous "Foot Cavalry" corps, foremost In the dash for the Susquehanna. All Washington, as so frequently happened, was In turmoil, all Richmond in transports of joy. Under the same, tried and trusted leaders, save that Jackson was gone, the arms of the South swept on to invasion. Under the new, eore-tried and little-trusted leaders the arms of the North were reversed in pursuit. Hooker had quit, as he said, In disgust, declaring; no man could plan and fight with a string to his shirt-tail and Stanton and Ilalleck a-pull at the string. Reynolds, calm and sagacious, soldier and fighter, had been tendered command, and politely declined. Meade, his subordinate, stepped over his head, since Reynolds would none of it, and with prayer and misgiving picked up the reins dropped by Hooker in sight of the Maryland shore. And the same hard fighting, hard marching, hard swearing, hard used old army hove In sight of the stream that had given it its name, and one corps, at least, had lost nothing by the change. The First Corps, the fellows now wearing the ball on their caps, were well content with their leaders. With Reynolds to command them, and the men they best knew at the head of divisions and brigades, they asked no favor beyond a fair fight, and none were more eager, hopeful, urgent than they of the First Brigade of the First Division they who wore the red disk and of these were our impudent friends of the Black Hats, still topped by the feathered felt and breeched with the dark blue, and ready as ever to pick a fight with the foe or flaws in the armor of less favored battalions. A shout had gone up one day on the Rappahannock when the word went the rounds that Fred Benton was back. Suddenly had he appeared in their midst just before Chancellorsville, and royal was the welcome they gave him. Sad, pale, careworn, aged as he looked, he was theYe, "on deck" again, and they hailed him as one who had stood their friend and defender, who had suffered much on their account, and most magnanimously did they agree to forget that they had ever maligned him not so easy a thing to do as it may appear at first sight, it being a frailty of the average postadamite to feel bound to make good a calumny. But Benton had changed, said they, as a result of the first week of watching. He had grown silent and stern, if not sour. He seemed filled with restless, feverish energy, and no sooner was the main army back from Hooker's first essay as chief in command, than he sought and obtained permission to go scouting with a small force of cavalry among the by-roads and lanes of the down-?tream counties. More than the limit of the law, the prescribed forty days, had the orders of the war secretary held him in limbo, all the time clamoring for a hearing, a trial by court-martial anything to enable him to face his accusers and put an end to that military lettre de cachet busines then, and sometimes thereafter, the resort of the powers martial when witnesses weakened. Released and ordered to resume duty with that military modification of the Scotch verdict, "Not guilty, but don't do it again." Benton came back to the front, burning with wrath at the foe at the rear a foe personal, official and professional, whom he felt must be McKinnon. He was not allowed to know at the time, nor to see until long after, the extent of McKinnon's intrigue against him or of its reaction on McKinnon himself. Only one officer witnessed the scene, a week after the Chilton3, father and daughter, had been returned to the Southern lines, when Stanton demanded of the major that he prove his case or thereafter hold his peace. He had "fooled away a whole month," said the secretary, "filled it with vague charges and failed on the specifications." They sent him away, ostensibly to straighten out a legal tangle in Kentucky, not yet blessed with the benefits of martial law; then, when McKinnon was beyond reach, sent for Benton. Of course he did not see the secretary. A placid, baa-lamb, soft-spoken staff officer had been told what to say. Benton's associates had been ah unfortunately compromising, and, while his conduct on duty had not been called into question, at a time of such public peril the Department held that its officers should

says of

Presto

The H-0 XSSI Company CLNERALCHARLES KING. Coiv right. 1STJ2, by (J. W. Plllingliam Company POTOMAC be ah be above suspicion, or at least show a disposition to relieve themselves from blame, and Captain Benton's a refusal to surrender papers confessedly given him by a Confederate officer had added much to the gravity of the case against him. "What case?" demanded Benton, fiercely. "Well, perhaps that was putting it rather ah strenuously," said the officer. "What is meant " Oh. damn it!" burst in Benton, most Improperly, "what is meant is that you know I've been accused without rhyme and reason that you dare not let me meet my accusers, and you won't give-me fair hearing," and for this inappropriate outburst he declined to apologize. For another week, therefore, it looked as though, after ail, he might get a trial; but it ended in his being ordered to quit Washington forthwith, and to report for duty to his old general at Yorktown, where he fumed and fretted till April, r wnen sent to Annapolis with prisoners. Then, a battle being imminent, he was permitted to report to the general commanding the Army of the Potomac, and thither he went, and, so far as the battle was concerned, might better have stayed and fought it out in the rear, for his corps was held In leash, had little to do, and that left Benton more savage than ever. In heart. In pride. In spirit he had been sorely hurt. In heart by Rosalie Chilton's astounding accusation and the impossibility of getting the faintest explanation. After her impetuous outburst she had whirled about and rushed to the waiting carriage, demanding of the astonished major that he take her at once to the boat and, even in captivity, it seems, her imperial highness was wont to be obeyed. From that day to this no word had come from her, even through Elinor, now mournfully writing that poor Mr. Ladue seemed lapsing int passive imbecility, happily indifferent to any fate that might befall his ton, and Elinor was grieving her heart out, though she would not say it, at thought of Paul ttlll mured in military prison. In pride, professionally, Benton had been stung to the quick, for in spite of tho fact that so much of his heart had gone to the South, his duty, his sword, his spirit, mind and will were all sworn to the service of the Union, and most faithfully, even brilliantly at times, had he discharged himself of every detail entrusted to him. It was his old general at Yorktown who strove to set him right, who had urgently written In his behalf to office! 8 at court, and, when there seemed no prospect of stirring service In that neighborhood, had suggested his transfer to the staff of a righting division at the front. In this way had the order been obtained; and then, on his joining at army headquarters, Benton, at his own request, had been sent to duty with the latest commander of the old division, which was how he again got in touch with the Black Hats, and came to be with the grand old brigade the day they "had the time of their lives" in almost desperate battle over their beloved boomers, the guns of Battery "H." Then and there, most heartily, was the right to full fellowship with their veteran comrades accorded the Michigan men. Most gloriously was it won. From this time on Badger and Wolverine stood on the same plane. O what a day was that first of Julywarm, soft, sunshiny, the roads still puddly in places as from recent rains no dust to choke the hurrying columns, no thick clay mud to clog the whrelä or load the worn brogans. Through the radiant, smiling, peaceful Pennsylvania countryside, so deep a contrast to battle-scarred Virginia, along graded roads, past pretty cottage homesteads and wide slopes of ripened grain and tempting orchards and cattle-dotted field and fallows; past running brooks and rot:-beddcd streams, whence the canteens were lifted brimming and sparkling with fluid seldom seen in the runs and branches that gully the "Sacred Soil," past cool tpringhouscs and darksome wells where the one black feature of the stirring march thrifty, Dutch farmers stood scowling, exacting tribute of a dime a d'pper from the thirsting men, and so fattening on th need of their defenders. Halting now only for catnaps by the roadside, with their brave, brilliant Reynolds evtr spurring on in the lead, they of the First Corps swept northward In the wake of the cavalry, listening eagerly for tho distant booming that should tell that Buford hsd fanged the quarry and was holding on till they, the buntcis, should come to give the coup de grace. Even before the t-arllest sunbeams came glinting through the eastward wod Reynolds had called, on his men; and. rousing from their bivouacs along the Emmlttsburg pike, they rolled tr.rir blankets, swallowed their steaming soldier conee. formed ranks along the roadside, and presently went tramping away northward bctv.e-in moist, smiling fields and orchards, heading for the distant towers and steeples of the ejuaint, placid little Pennsylvania town, nestling between 1 the wooded hills mat seemed to h m it In. Somewhere up that charming valley their leaders knew John Buford to b, for he and his sun-tanned troopers had been thrown ahead to cover the advance and find the army of Lee. w?ll known by this ti:ne to be concentrating to meet them. Years and experience have taught the leaders of the Army of the Potomac something of the true use of cavalry, and there is no more of the blind groping of the old days. They know that Longst reefs whole corps Is camping about Chambert burg, across the South mountain rant,e to the west. They know that Hill is between him and Cashtown, the first village of imjiortance to the west of Gettysburg. .They know that Kwell's foremoc-t divisions have struck the line of the Susquehanna, only to be recalled to meet the spirited northward sweep of Meade's far-spreading corps. They know that these men of Reynolds lead the van of the main' army, and will doubtleFS be the first to reach nnd back the cavalry when those searching horsemen nnd and tackle the loe. Wiat tney do not know is. that from west, northwest, north and northeast these converging columns are all headed for that same little Pennsylvania town, marching to concentrate on Gettysburg, and that this, the

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First Corps of the Army of the Potomac. Is destined within three hours to be thrust square In between those swift-closing Jaws, and eomrell. as Buford says to his own men, to ' light like the devil" until the rest of the army can reach It in support. The Eleventh Corps Is not far behind them; the Twelfth is away, over a doien miles to the eastward, along the Baltimore pike; the Fifth and Sixth still farther to the southeast, a long day's march at least; the Third is down by Taney town, ten miles behind. It is to be a First Corps ripht, then, unless the Eleventh can help, if they happen to run foul of Johnny Keb this July morning, and that Johnny -is near they learn from Buford'a couriers, galloping back with news for Meade. A whoie swarm of shoe-hunting Confederates had come through Cashtown the day before, bound for a raid on the Gettysburg shops, bu: fell back at sight of an apparition in th valley to the south strong squadrons cf Union horse trotting up the Emndttsburg pike, bent, on being first at the fair. Pettigrew, Confederate commander, knows his fcllm ranks are no match In point of numbers for Buford's sturdy dragoons, backed by their batteries of horse artillery, tho pride of the cavalry corps, and wisely lie waits for morning and tne support of Heth's whole division. Then they'll give the troopers a whirl that will remind them of a year back in Virginia. In far better fettle and discipline is Lee's brave army than when it tried the conversion of Maryland ten months before. Only in two points is it less to be feared-Stone-wali Jackson is dead and Stuart's cavalry is as good, or bad, as lost. For once in his life that brilliant and daring leader of horse is of no use to his commander. Through some error of Judgment he has gone Jar to the east and has been cut off from communication. When he reaches the Susquehanna he finds Ewell has lied, so pushes on to Carlisle In the Cumberland valley, and thus for two long days, the first two days of the great and decisive battle cf the war, he and his hard-riding troopers are lost to Lee. For once the Army of ths Potomac has Its eyes and its wits at the front when the eyes, at least, of the Army of Virginia are away to the rear. At breakfast time In Gettysburg, this morn of the 1st of July, Heth's division of A. P. Hill's corps of the Army of the South comes "bulging" ahead, without the accustomed screen of cavalry skirmishers, and is brought up standing by the challenge of Calefs light guns, planted squarely In tho middle of the Cathtown pike, and the simultaneous uprising of squadron on, trjuadron north and south of the road Devin's and Gamble's gallant brigades of famous John Buford' division and there, like a bull dog. Buford holds them two mortal hours, until Reynolds, with his foremost men, comes spurring up the eastward face of the ridge. Joins Buford at the old Lutheran Seminary, and notes that tha main lines of Heth's division, north and south of the rike, are Just forming for advance to tho attack In force all that preceded having been the work of strong Ekirmish lines and now begins In grim earnest the greatest and most momentous battle of American history. First to reach the field In support of Buford's hard-fighting horte Is the First Division of the First Corps of the old Army of the Potomac, and the first brigade to come swarming up the slope Is led by old graybeard Cutler, whom we saw at the head of the Sixth Wisconsin in Its maiden battle em the Warrenton pike, while, following close at the heels of the foremost, and. obedient to Reynolds's orders, breasting the height to the south of the seminary, strike the five battalions of the Iron Brigade, the biggest not quite five hundred, tho others barely three hundred strong. Whitehaired Wadsworth rides at the bead of tho little division. That's all there is of It these two brigades, led by those two far Western brigadiers, barring the batteries that ever go with them but the blue-blooded old Gothamite in command swears he wouldn't swap it, small as it is, for the strongest division in the whole army and ho means it. It is a sight never to be forgotten, that which greets their eyes as the Blick Hats come popping over the ridge. The seminary grounds and the farm inclosures along the line of heights are quite thickly wooded, but, to the west of them, the fields are cleared and cultivated. Another ridge, not quite o distinct, rises in front of them, perhaps five hundred yards away, and th two ridges seem to converge at a wooded eor.e to the north Oak Hill they call itwhile beyond that low rise to the wc?t th ground falls away rapidly into th valley of a swift little stream, Willoughby run, bordered on the east, squarely in iront of the Iron BrUade. by a grove of sturdy young trees, the only screen Ietween their swift advance and the long line of fore?t half a mile away to the west, stretching north, almost to the Cashtown pike, und south of the Hagerstown road, and that westward forest is all olive with flashing bayonets aligned on the little rel battle flas. the division of Inth in battle array, re-aching almost from pike to pike, witn one brigade thrown out "in the air" t the north, and pushing daringly forward to sweep the stubborn troopers. t'.ghtir.K demounted, out of the way. It Is b3rciy quarter-past 10. as Reynolds for the Jjt time looks at his watch; blis Doubleday. who has galloped forward for orders. 10 "back" Wadsworth at the seminary and extend his line to the right; then, calling on Meredith, Joints to that forward grove i the brookstde. "Seize it." h says, -lfor the rebels can reach It!" Tien. with the Sixth in reserve, with a full-lunged phout in its throat and fire in Its eye. the o!d brigade breaks into a run. Fairchi'.a the Black Hats in the van a five-fc:: irciyard race for the goal field, staff a:-ü tor.;manders cheering them on, and Icvyueida noble Reynold purring swift iu tt lead, riding down to hi soldier fate. To Be Continued To-morrow.J Laxative Brcmo-Quinlno