Indianapolis Journal, Volume 52, Number 347, Indianapolis, Marion County, 13 December 1902 — Page 7

THE INDIANAPOLIS JOURNAL. SATURDAY, DECEMBER 13, 1902.

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$5,000 FEE INVOLVED

GEORGE YOIXG SEM RED BIO PART OF ESTATE IX SWEDEN. lie Then Retained n Fee In the Sni Katned and Ills Heats Arc Protesting. YOUNGS MONEY IS LOCKED UP HE HAS BEE5I DEFIED ACCESS TO BOX IX SAFETY V A l LT. Two Suits Filed as m Result of These Conditionsother Cases in the Courts. Two suits over the fee of a lawyer were filed in the Marlon county Superior Court yesterday and in one of the cases, that of Oscar E. 8andeborg and Jennie E. Day against George Young, attorney at law. the Indiana National Bank and the Indiana 8afe Deposit Company, a restraining order was issued by Judge Carter late in the afternoon. The other case i? that of George Young against the Indiana National Bank for .',500 damages. The controversy over Young's fee as attorney for Sandeborg and his sister. Jennie E. Day, of Wisconsin, provoked the two suits, which contain many peculiar features. George Young was employed by Sandeborg and Mrs. Day in July. 1901, to secure for them their claim against the estate of 170,600 left by Peter Sandeborg, who died In Leksand, Sweden, intestate. Their claim to the estate lay In the fact that Peter Sandeborg was an uncle, being a brother of their father, Carl Oscar Sandeborg, who died in Indianapolis in 1890. In order to prove their claim of heirship In the estate under the Swedish law it is necessary to have a decree of a court. Young secured this by getting letters of administration on the estate of their father, although he had died many years ago and left a practically valueless estate. The administrator appointed by the probate commissioner did not have any duties other than to certify to the American consul at Stockholm the kinship of Oscar E. Sandeborg and Jennie E. Day to the deceased uncle, Peter Sandeborg. This claim was established there by the American consul through the work of Young, who forwarded the papers making the claim. The claim v.as allowed and. Dec. 8, the money derived from It, $21.194.02, was received by Young and deposited in the Indiana National Bank. He claimed 15.000 as bis fe for legal services and the balance he divided Into two checks of $8,082.01 each, which he sent to Sandeborg, who lives in Indianapolis, and to Mrs. Day. who lives In Wisconsin. lie rented a safety vault in the Indiana National Bank for one year by the payment of $5 rental and was given the key to it and undisputed right of entrance to the box. In this he placed his $5.000 fee, together with other personal property and papers. The box was rented to him on Dec. 11, but when he tried to open it on Dec. 12 he was refused permission to do so. or access to the lock box by the bank officials, he says. Because of this refusal, and averring that the loss to him of the custody of papers needed by him, loss In time in transacting his business and inconvenience because of what he alleges is a breach of contract on the part of the bank, he demands damages in the sum of $2.500. The reason for the bank's refusal to allow Young access to his lock box was because of the protest of Young's clients against his charge for services and their llsinclination to pay the fee. They retained Ferdinand Winter to represent their interests and he served written notice on the bank narrating the circumstances of Young's employment as counsel and demanding that he be not allowed to withdraw the money from the lock box. RECOGNIZED THE NOTICE. The bank recognized the notice and refused Young when he applied under his contract with it to exclusive use of the Jock box during all business hours of business days. The second suit filed during the day, and the one in which a restraining order was asked and a temporary one granted, was filed through another attorney. This suit was by Oscar Sandeborg and Jennie E. Day against George Young and the Indiana National Bank. It asked for an order restraining Young from withdrawing the money from the lock box and also an order restraining the bank officials from permitting him to do so. The complaint averred the facts in the case and questioned Young's claim for a $5.000 fee. The complaint states that a fee of $1,000 is ample and all that should be paid him. The complainants aver that Young was offered $1,500 If he would take It, and they ask that the restraining order grant him this allowance should he care to accept the condition and relinquish his claim. The complaint states that Young is an officer of the county courts, being admitted to the practice of law. and that his charge is exorbitant and a violation of his oath on admission to the bar. This suit was filed after the bank had notified Ferdinand Winter that it would not keep Young out of the box after 11 a. m. Dec. 13. A statement for Young was made by his attorney. John M. Bailey, that the fee is reasonable and was earned by Young in his prosecution of ho claim. Mr. Bailey says that Young worked for more than a year in securing the claim and did clever work when he established the kinship of the Sandeborgs to the Swede by securing the letters of administration on their father's estate, that being a decree of court as demanded by Swedish law. It is said that the damage to Young in being denied access to his private papers will be great and his suit is flied for this reason. s DR. ALEXANDER'S ILLNESS. It May Delay the Trial I'ntil After the Xew Year. It is more than probable that the trial of Dr. Jf-eph C. Alexander will be delayed until after Jan. 1. His indisposition now and his treatment for a severe illness by Dr. Frank A. Morrison will be attested by Dr. Moriison in a ctrtituate which will be submit i ri to the consideration of Special Judge John M. Bailey to-day, together with a motion to continue the case Indefinitely, which will be filed. Alexander is said to be very 111, and his recovery in time to be tried on the date set. Dec. 15. is doubtful. His nervous condition and health will be bad. it is said, until after the New Year. The further delay In the case is becoming exasperating to some of the attorneys for the prosecution, who would like to see the case finished as quickly as possible. The first delay In the case was because of the additional charge made against Alexanderthat of having in his possession a human body for dissection purposes without the consent of the nearest of kin. Attorney says that if that charge had not been placed against Alexander no pretext for a continuance would have been available to the attorneys for the defense, and th case would have been by this time completed. It is almost certain that the case will not bj reached until after New Year's day if the illness of Alexander warrants a postponement and is of long enou&h dura Ion to carr1' its term into the holiday season. Alexander's attorneys say they are ready for trial and the delay vexes them, but It cannot be helped. YOI i WIFE SADDENED. She Complains that Her Husband's ffert Ion. Were Alienated. The adage 'Marry In haste and repent at leisure" Is exemplified In the suit of Nettle B. Walker by her next friend. Walter B. Harris, entered yesterday against Walter F. Walker and J Walker for $10.000 damages. Mrs. Nettie Walker was married CO Chester Walker, son of the defendants,

in May. 1901. Her marriage was secret and the ceremony performed at the home of her aunt. At the time she was fifteen years

old and her husband nineteen. The marriage, according to her statement in the complaint, was brought about by the persistent wooing of Chester Walker, assisted by the efforts of his parents. Her parents, because of her extreme youth and childish mind, opposed the union and courtship. They sought to prevent the two young people from seeing each othr and put many obstacle? in the way of their love-making. Walker's parents, on the contrary. Mrs. Walker alleges, encouraged the plans of the two young people and became matchmakers. They arranged clandestine meetings of the young people, told each of them of the other"s love and succeeded in getting the two "dead in love" with each other. Their love was so much encouraged that In May. 1901. they were married se-. cretly and made hapy. After the marriage Chester took his youthful bride to his parents' home and continued at his work in his fatht-r's grocery store at Ü040 Bellefontaine street. The new Mrs. Walker was considerately treated by her father-in-law and moth-r-in-law. She was loved by them, she says, and everything possible was done to make her fe-l happy. Soon after there came a great change, she complains. Walker's mother found that her son's filial love was lessening, and Instead he seemed to think more of his wife. His wife was given first place in his affections and his mother second. His wife's happiness was looked after to the detriment of some of his mother's pleasures. This knowledge caused the parents to conspire against their daughter-in-law, she alleges, and they began to dislike her and scold her for her faults. Everything seemed to displease them and they showed their displeasure by little act3 which humiliated and grieved her. When she could stand it no longer she induced her husband to establish a home of his own. He did this, but his parents' anger followed him. and shortly afterward his home was disorganized and he and his wife left Indianapolis and went to Beaumont. Tex. The complainant avers that letters from his folks bombarded him there. They had their effect and Induced him to return to Indianapolis with his wife. When they returned to this city they moved into the Walker home again. By insinuations of pulmonary trouble and protestations of love for his welfare and good health. Walker s mother and father Induced him to go to Colorado for his health on Nov 25. Walker left without his wife's knowledge, she alleges, and she does not now know his whereabouts. The wishes of his father and mother have been realized, Mrs. Walker says, and she ends her complaint by saying: 'As a result of the things done by the defendants the plaintiff has lost her husband and his affections, her home has been broken up and ruined, her young life wasted and her happiness blasted forever." The marriage of Nettie Belle Karris and Chester Walker is recorded in the countyclerk's office on May , UM. The license was issued on an affidavit by Charles Harrington that Walker was over twenty-two and Miss Harris more than eighteen. Her complaint states their respective ages as having been nineteen and fifteen, making either the affidavit or the complaint false. If the affidavit for a marriage license was perjury some one may be liable for grand jury investigation. DROP FORGCNCi CASE. Judge Carter Will Hand Down a Written Opinion To-Day. Judge Vinson Carter will to-day decide the injunction case of the Indianapolis Drop Forging Company against White River Lodge of the National Association of Machinists, Edward J. Collins, business agent, and others. The court granted a temporary restraining order to the forging company on Nov. 8 on the representation that the strike of machinists in its plant and the blockade of its property by the strikers interfered with its business interests and constitutional rights. The case, when heard before Judge Carter, brought out all of the facts of the strike and attracted much attention among members of organized labor, who declared that the temporary order granted by the court was the most sweeping ever issued from a court. They declared that the injunction, which enjoins members of the union from going near the factory, interfered with one of their inalienable rights. The decision of Judge Carter to-day will be written and will be based on his opinion after two weeks' consideration. Money for Her Children. Alice Helms asked the courts yesterday to compel her husband. Amos Helms, to devote $7.50 per week of his wages to the support of herself and their three children, Amy, Preston and Roland, aged fourteen, nine and six, respectively. Mrs. Helms named Long & Perce, contractor:-, co-defendants of the suit. They are the employers of Helms and are said to have some of his wages in their possession. Mrs. Helms narrates in her complaint a series of domestic complications that culminated in her husband s desertion of his family on Dec. L They have been married since 1881 and she has worked hard during their married life to keep the family together, she avers. For six months before her husband left her she kept boarders at their y ime to secure morey with which to buy od for her children, she claims. Mrs. Helms says that her husband is competent to earn 12 a week and In addition to this has mother resource, in a pension from the government for services as a soldier. Fell Through a Gräfin. Mrs. Rosa Grossman fell through a grating of the sidewalk at Capitol avenue and McCarty street on March 29 and into the cellar of a building owned by F. J. Meyer and Harry Buddenbaum. She suffered severe injuries to her limbs and body and claims that the accident was caused by the failure of the city to see that the owners of the building had proper walks in front of the building. She entered suit for $,000 damages against Meyer, Buddenbaum and the city, and the trial of the case was begun before a jury in Room 1, Superior Court, yesterday. Part of the testimony was heard during the day, but the case continued until Monday. City Is Defendant. The suit of Mary A. Willits against the city of Indianapolis for $5.om dtaflMftf SM on trial yesterday in Room 3. Superior Court. Mrs. Willlts was injured on April 16 by falling through a fltpwgajon in a crossing on Blake street, north of Washington, and from the accident claims to be pi t -manently disabled. She claims that tM t shoulder was hurt and her spine Injured because of the negligence of the city in not keeping the crossing in proper repair. The defense of the city is being conducted by Linton D. Hay and John YV. Bowlus. Will of an Engineer. The will of George H. Frazier. the J.. M. St I. railroad engineer who was killed at his post while trying to avcr't the wreck on that road south of Indianapolis two weeks ago. was admitted to probate yesterday. The Instrument directs that his widow, Ella Frazier. l pointed executrix, without bond, and that all of his personal property and real estate be given her after his obligations are settled. He excepts IIW of his property, which he leaves to his son. Jarrts A. Frazit r. Lien on a Shirt Factory. Lottie Rosengarten, a seamstress, sued Altus M. Harding esterday to secure a lien on his shirt manufacturing concern at 20 North Meridian street. Miss Rosengarten complains that although she worked during the months- of March and April for Harding for her pay. which was to be $11.45. she was not compensated for her work. She prays the court that she be given a preferred Hen on his property, which consists f sewinK machine:-, needles and tailor's appliances. Supplementary Contracts. In an appeal from the Allen Circuit Court the Supreme Court decided yesterday that a supplementary contract changing the grade of relief may be made with a railroad in the relief department, but that the beneficiary In the first contract continues in the new unless it is otherwise specified. The relief department contracts of railroads are regarded by the Supreme Court as contracts of mutual insurance. Will File a Demurrer To-Day. The suit against County Auditor Harry B. Smith by the County Commissioners has been given a place on the calendar of Room 3. Superior Court, but will probably not be tried until after the holidays. The defendant will tile a demurrer to-day. in which the facts of the allowances will be

admitted, but the law prohibiting them questioned. Fined for an Assault. William Bolen was fined $10 and costs yesterday by Judge Alford In the Criminal

Court for an assault committed on Charles I Stubbs a month ago. Stubbs was cut badly J by Bolen, and the seriousness of the wounds caused Holen to be indictea oy me grand Jury. Mamhke iet a Verdict. Frederh k Marshke was given a verdict for $500 d images against the street-railway company by the Jury in Room 1, Superior Court, yesterday. Marshke's suit for $5,000 damages for personal injuries has been on trial before Judge M Mast r for three days. sUri .et Verdict for AU.SOO. Mac'Kie M. Foster was awarded damages of $3,.rii igainst th Bemis Indianapolis Bag Company by the Jury in Room 3, Superior Court, yesterday. Miss Foster lost her right hand in a machine accident in the bag factory some ti:ne ago. Willlnni II. Fox Acquitted. William II. Fox, a grocer, was acquitted j in the Criminal Court yesterday of the I charge of violating the pure food law. Fox I was accused of selling impure milk in his store and appealed his case from the Police ! Court. The Case Dismissed. The case of James W. King against the ( ntral Union Telephone Company for damages, appealed from Justice I.oekman's ourt, was dismissed at the plaintiff's cost in Room u, Superior Court, yesterday. Wants Manic Changed. Charles Martindale, attorney for the National Vehicle Company, yesterday filed a petition in the Circuit Court praying that the firm name be changed to the National Motor Vehicle Company. I Hi: COIRT RECORD. IUPBRIOB COURT. Room 1 John L. McMaster, Judge. Frederick Marshke vs. The Indianapolis Street-railway Company; damages. Jury returned verdict for plaintiff and assessed his damages at 9500. Rosa Grossman vs. Frederick Meyers et al. ; damages. On trial by jury. Room 2 James M. Leathers, Judge. William Bauar vs. Bridget Conner. Defendant defaulted. Dismissed for want of prosecution. Williker Taylor vs. Traders' Mutual Life Insurance Company; appeal from Shepherd, J. 1'.. on policy. Evidence partly heard. Dismissed at plaintiff's costs. CRIMINAL COURT. Fremont Alford, Judge. William H. Fox; violation pure food law. Pleaded not guilty. .Finding not guilty. William Bolen; Äsault and battery. Pleaded not guilty. Evidence heard. Finding guilty. Fined $10 and costs. CIRCUIT COURT. Henry Clay Allen, Judge. Josephine V. Lather vs. William Lather. Submitted to court and defendant defaulted. Finding for plaintiff. Decree of divorce. Custody of children. John L. and Ruth J. Lather given to plaintiff. Order forbidding marriage for two years. Judgment against plaintiff for costs. Mary M. Creary vs. Henry M. Wing, adm'r of Gottlieb Poppenseaken estate. Allowed by agreement of parties for 1460 at coats of estate. Vinoa Bibbs vs. Albert Bibbs et al. Dismissed by plaintiff. Judgment against plaintiff lor costs. NEW SUITS. Petition to change name of National Venn ie Company to National Motor Vehicle Company. Circuit Court. Nettie B. Walker, by her next friend, vs. Walter F. Walker and Jessie Walker; damages. $10.000. Superior Court, Room 3. LaoM J. Allen re, Gordan W. Allen, divorce. Circuit Court. Lottie Rosengarten vs. Altu M. Harding; lor. closure of mechanic's lien. Superior Court. Room L Alice Helms vs. Amos Helms et al. ; complaint for support. Circuit Court. George Young vs. Indiana National Bank; damages. $2.00. Circuit Court. Anthony Correlli vr. Willard YV. Hubbard et al.; foreclosure of mechanic's lien. Superior Court, Room 3. HIGHER COt'RTs" RECORD. SUPREME COURT. 2005!. lUctr et ux. vs. International Building and Loan Association. Jay C. C. Reversed. Monks. J. 1. A building association which has exacted a monthly premium from a borrower cannot also insist on payment of a gross premium as of the date of the loan in addition to the sum actually received by the borrower. There is no authority for exacting both kinds of premiums on the same loan. 2. Where Interest and premium were charged on PX), whereas only $540 was loaned (the rest being retained as gross premium) the borrower is entitled to have such excess interest and premiums and such gross premium credited on his debt 19870. Russell vs. Bruce et al. Marion C. C. Rehearing denied per curiam. By conveying his real estate by mortgage to secure an indebtedness the debtor exercises his right as a resident householder to an exemption from execution, by voluntarily alienating the same, and where such mortgage is foreclosed and the property sold, and the pr edl of such sale, together with the rents during the year of redemption do not amount to any more than the mortgage debt with costs, sucn rents may be paid over to the mortgage without infringing lUCtl right of exemption. 2005X. Mason et al. vs. Mason. Allen S C. Reversed. Gillett. J. 1. I nder a contrad of mutual insurar.ee the insured may (hange the beneficiary by proper notice to and agreement with the insurance company without consent of the former beneflciarv, where there is nothing in the contract it elf or the charter or by-laws of the Insurance m iation forbidding it. 2. When the contract points out the means of changing the beneficiary, then the insured must proceed in that way if he would displace the original beneficiary. 3. The holder of a certificate in the relief department of the Pennsylvania Company payable to his mother could only transfer the same to his wife by proceeding according to the regulations of the company, and merely telling an agent of the company of his wish at the time he took a new certificate for insurance of a different class in which no beneficiary was named did not have the effect of a transfer. 19863. Qarmanls Fire Insurance Company vs. Pitcher. Vandcrburg C. C. Appellant's petition for rehearing. 19011. Oster vs. Broe. Benton C. C. Appellant's petition for rehearing. New Suit. 21050. Harriett Westfall vs. Joseph A. Wait et al. Marlon C. C. Record. Assinnn.. nt of errors. In term. Bond. Minutes. m. Charles Voss et al. vs. the Waterloo Water Company. De Kalb C. C. p1. ii . p tition for additional time. ISMO. Chicago Southeastern Railway Company vs. Jerome B. "Wood. Delaware C. C. Appellant's reply brief (8.) 19S63. Germania Fire Insurance Company vs. Caroline C. Pitcher. Vandcrburg C. C. Appellant's petition and brief (g) for rehearing 19964. t leorge V. Sheaf vs. Henry C. Dodge. Klkhart C. C. Appellant's brief C I 19911. Antone Oster vs. George W. Broe. Benn C. C. Appellant's petition and brief o for rehearing. aii'i.i.i.ate COURT. 4035. Harlow vs. First National Bank et al. Jackson C. C. Affirmed. Comstock. J. 1. Where a complaint has been held bad on one appeal to the Supreme Court it must be held bad in all subsequent stages of the a,. unl( material amendmert. are made In the particulars in which it was held bad. . Amendments by adding immaterial averments can have no effect to make such com plaint sufficient. 2. A party represented in court by an attorney is charged with the knowledge of such attorney that the other pieties to the suit are tn court possessed of the privilege to assert every legal right afforded them by law. 3. Epithets may property be struck out of a pleading as ns 4. One who flies a cross-com-plainl is under no legal duty to inform the judge of its nature and scope, but the court must take judicial notice of the same. i12. McBride. executor, vs. Clmer. Wells c C. Reversed. Black. P. J 1. Proof that the deceased orally acknowledged himself indebted to claimant is not competent to take claimant's debt out of the statute of limitations. A written acknowledgement signed by the person to be charged is essent t . 1 to have that effect. 2. The release of a smaller debt due from the creditor to the debtor may operate as such part payment as to take the larger debt out of the Statut. :; Mere proof that her father excused her husband from a debt for rent as a partial satisfaction of his own Indebtedness to claimant, without any proof to connect mant with the transaction, was not sufficient proof of part payment. 4. The fact that a part payment did suspend the running jf the statute of Habitations cannot

I ...Topics in the Churches... I

SUNDAY-SCHOOL LESSON AND CHRISTIAN ENDEAVOR WORK.

THE St DAV-S( HOOL LESSON. I Samuel III, 6-14 December 14, lfM)2 The Boy Samuel. Samuel was "a lily on a dunghill " The child, clad in his white tunic, his face turned up in innoc.noe toward Clod, tood In the midst of moral rottenness uniralle led in Israel's history. He reverently opened and closed the doors of a desecrated sanctuary and ministered unto the Lord whom a degraded priesthood had forgotten. He was the wlute flower of a dark epoch. Whence came he? His father was a devout man, punctilious In his attendance upon the appointed services of religion and tn the offering of sacrifices. He and his house worshiped God. His mother, secretly lamenting the foul apostasy of Israel, coveted a son, who. If he should not prove the very Shlloh himself, would at least become the moral renovator of the nation. A woman so self-forgetful In prayer as to excite the suspicion of intoxication; possessing the poetic genius to compose a sacred and praiseful hymn, surpassed, if at all, only by the hymn Of the Virgin Maty; a woman consecrated enough to give her first-born son unreservedly to God from such a parentage came Samuel, last in the line of Judges, first in order of prophets. The boy's memory went not back of the time when his mother, in fulfillment of her word, left him within the curtain walls of the tabernacle. He was the companion and solace of the high priest, so feeble and disgraced. His childish hands began to discharge such services as they were capable of. and hi pure heart was filled with reverent emotions. Here was developed that moral power which was destined to eclipse the physical energy of Samson. That youth, soul of innocence and devotion, was r.o anachronism as he lay there on his little mat. nestling within the sacred precincts of the tabernacle, and under the soft and hallowed light of the golden lampstand. That unsullied heart was more precious furnishing than material altar or censer, though all were of beaten gold. Then, as ever, the prepared heart received the prepared message. From between the cherubim above the ark and through the m vatic veil came the ineflTable voice of the God of Sabaoth. He called the child by name: "Samuel! Samuel!" The excessive wickedness of the people had led to a prolonged silence on the part of God. so that the historian says the word of the Lord was rare in those Uays. No one had any vision from God to publish abroad. The piety of s child led God to break hla silence. Of Samuel's pure heart he could make a sounding-board to send his voice to the outermost boundaries of Israel. There could have been nothing terrible or unnatural in the accents of God's voice as he called the child. It was the voice of a father and friend. Three times he mistook it for the call of the aged high priest, sleeping in his official lodge near by, and within the tabernacle. That night Samuel knew the Lord, and for three-quarters of a 'century His word was revealed to him. and His voice as often heard as that of a familiar friend. A new trait is revealed in this fascinating character. The child was not smart and pert. His heat was not turned by his great and sudden preferment. He was not anxious to pose at once as a prophet. He showed a refined and sensitive spirit in the reluctance with which he revealed the evil tiding? of which he was the bearer. KU hid fairly to extort the sad intelligence from him. Such was the genesis of a glorious career which placed Samuel among the Immortal worthies whose names are engraven upon that tall obelisk, the eleventh chapter of Hebrews. He was the instaurator of prophettsm. His hand effected that bloodless revolution which changed the theocracy of Israel Into a kingdom. THE TEACHER'S LANTERN. No page of the Bible presents the subject of parental responsibility in a more startling and impressive manner. Eli is an example of infidelity in parental duty. He was lenient and disposed to condone. His rebukes were mild and tame as compared with the enormity of his son's offenses. The cataclysm of woe in which the course ended Is a warning to be heeded. In sharp contrast to this is the character and course of Elkanah and Hannah. Their son was devoted to God before his birth and trained a? a total abstaining Nazarite. He was placed in the tabernacle to dwell there forever. But even there he was followed by parental influence. He was visited at regular Intervals, and not merely clothed In the new tunic that loving hands had made, but advised, counseled and prayed with, no doubt. The outcome of this course was the formation of one of the peerless characters of Hebrew history. From such a training cams a second Israel, prevailing with God at Mlxpeh. a nation's emancipator and reformer. The aptitude of the child's heart for religion has hera a remarkable illustration. A beloved pastor told me recently that, after relating the story of Samuel to his little 14ft, he said to be proved by mere evidence o! words spoken by the debtor In the way of admissions that he did make such a paymen' "on what he owed." 4575 City of Hammond vs. Livingston. Lake C. C. Appeal dismissed on appellant's motion. J 4170 Citizens' Street-railroad Company vs. Jolly. Hamilton C. C. Transferred to Simromp Court. t, i luiiic hi hi. 5v ijsnnrn et ai. . , y". 1 - A. 1 : Hendricks C. C. Publication ordered and J issuea. Minutes mm T-i II VcloAn W Mi' lor I et al. Miami C. C. Appellant's petition and brief (8) on motion to dismiss. 4398 Crew. Linck Ac Co. vs. cnaucey a. Sorger. Portr C. C Appellee's motion to dismiss and briei ts on motion. I 46638. The P.. C. C. & St. L. Ry. Co. vs. Joseph A. West. Grant C. C Appellee s i petition for additional time. 4630 Bessie Marsh vs. Fred Marsh. Wells C. C Appellant's brief (8.) WINTER BIRDS. Robert W. McBride Addresses the Aadubon Society. A few faithful members of the Indian- j apolis Audubon Society, organized for the . protection birds and flowers, met last night j with Miss B.hoda Selleck at the Shortridge High School. Although only a small number of the members were present a pleas- j ant evening was spent. Ex-Judge Bobert W. McBride read a i paper on "Our Winter Birds." In which he told interestingly of the manners of birds near this city during the cold months of the year. He said that most of th-3 -nembers of the feathered tribe that remain North in the winter stay all the Beason. j although a few of this kind seek warmer climes as the winter becomes severe. For tl bird-? that remain here during the cold season nature has provided a warm coat, but the birds that go South have no such covering. About thirty species of birds j live in Indiana all winter. Of this number about nine are members of the hawk j family and seven belong to the owl tribe. Quail and owls seldom go South in winter The speaker talked of the characteristics of winter birds and related a number of I personal experiences while studying them, j He spoke of the fact that birds in winter ; rarely sing as they do in the summer and few of the birds that stay here ever sing, i One exception to this is the song sparrow that sings all winter long and entertains j the hunter as he goes through the woods. The next meeting of the Audubon So- j i.v win Ye( on the evening of Jan. 9 I and Miss Elisabeth C. Marmon is on the programme for a paper on "The Pastoral Prose Wrriters." Raekle Post and W. R. C. At a regular meeting of John F. Ruckle Post. No. 166. Department of Indiana, O. A B.. th following officers were elected: Commander. William A. Crane; senior vice commander. William H. Johnson; Junior vii commander. James A. Menefee; surgeon, Nathaniel Browning; officer of the j day. Willis G. Sale, chaplain. Robert B. Armstrong; quartermaster. Edward J. 8av- ! erage; O. of O.. Charles Goodwin. Buckle W. R. C. elected officers for th. ensuing year as follows: President. Sarah Browning; S. V. P., Laura Merriott; J. V. P.. Lvdia Parchel; chaplain, Mary Btone; treasurer, Sarah Obom; guard, Mrs. Smith.

at I

him: "If God should call you would you answer " The little fellow responded: "O yes. papa, I mould if He only Whispered!" A distinguished minister Faid to me lately that he had preached a good deal about giving liberally and cheerfully to the Lord; but when he was asked to give his daughter to the foreign Held it taxed him to the uttermost to put his pieaching into practice. Hannah vowed and paid her vow. Smiles in his "Self-help" gives a list of ministers' sons who have distinguished themselves in the annals of England among naval heroes, lrake and Nelson; In science, Wollaston. Young. Flay fair and Bell; in art. Wren, Wilson and Wilkie; in law. Thurlow and Campbell; in literature. Addison, Thomson. Goldsmith, Coleridge and Tennyson. Quote this list to any who may be inclined to hold up Eli's sons as samples of ministers' sons of to-day. Elt's uncomplaining submission to the severe correction of God commands our admiration. As Bishop Hall says: "Every man can open his hand to God while He blesses; but to expeas ourselves willingly to the afflicting hand of our Maker and kneel to Him when He scourges us is peculiar to the faithful." There are periods in the- history of churches, communities rmd nations when, as in the days of Samuel. It must be said: "The word of the Lord is rare! No one has a vision to publish abroad." No one seems in touch with God. Materialism holds sway. Things spiritual havelost their charm. Degeneracy in morals characterises such times. The presence of a Samuel here and there, with a hear; like a watered garden, Is all that saves us from a universal religious drought CHRISTIAN ENDEAVOR. Our Fellowship Psalm exxxlli, 1-31 Cor. xil, 12-27. Julian Hawthorne, the distinguished novelist, wrote not long ago: "If the Christian Endeavor Society had done nothing else than abate bectarian prejudice It would have deserved to exist." A favorite among Christian Endeavor texts, repeated over and over in our conventions, is this from the words of our Lord: "One Is your Master, even Christ, and all ye are brethren." In thousands of cases our soclety is the only visible bond uniting the Christians of the community. For the last decade, certainly, the leading force conducting the denominations toward Christian union has been our society. Christian union. I say, meaning by it just the kind of organic union that I'aul outlined in his masterly comparison, we study this week the symbol of the many organs in the one body. Just as those organs eye. hand, heart, feet are In organic union with one another, so the churches must get into organic union with one another. A hand or a foot, cut off from the body, would gain no advantage from the fact that both are made of flesh and blood. There is ample diversity in the body. No two denominations are so different as the eye and the foot. A compact, workable, visible union of the denominations would not mean remodeling them all on the same pattern. That would be to form a body all eye or all foot. Neither would It mean dare it mean the surrender of a single conscientious ccnvlction. That would be to sew on to the body a dead member. What Christian Endeavor pleads for is a union of denominations just as close and just as speedy as is consistent with full adherence to conscientious conviction on essential points; no closer, no faster. It is hard to see how any Christian could oppose this purpose or fail to give it his eager benediction and active assistance. John R. Molt, head of the Student Volunteer movement, quotes from the eminent missionary. Griffith John, the statement that "the want of unity among different branches of the church at home, as a result of denominational pride. Jealousy and misunderstandings, is a serious hindrance to the work on the mission field. It lesults in overlapping, friction and waste of force." Heathen nations, indeed, are made well acquainted, by their own multiform creeds, with the phenomenon of diversified sects; but it is a pity that Protestantism cannot set them in this point a better exair.ple. Christian Er.deavor tends to bring the denominations together by the common name, common principle:;. eoMMM methods of work, common prayer meeting topics, by practical fellowship in the local union meetings and the meetings of the state and national conventions. More than forty evangelical denominations have entered Into the movement, and their pastors testify that the young people are no less loyal to their own denominations now that they are learning to know and respect their brothers in other churches. May the time speedily come, as Christian Endeavorers work and pray, when we may sing, with fullness of truth: W'ft are not divided, All one body we. One in hope and doctrine. One in charity. AMOS R. WELLS. o More: Something is drad The grace of sunset solitudes, the march Of the solitary moon, the pomp ami power Of round on round of shining soldier stars Patrolling space, the bounties of the sun Sovran, tremendous, unimaginable The multitudinour friendliness of the sea, Possers us no more no more. Something is dead The autumn rain-rot deeper and wider soaks And spreads, the burden of winter heavier weighs. His melancholy close and closer yet Cleaves, and those incantations of the spring That made the heart a center of miracles Orow formal, and the wonder-working hours Arise no more no more. Something is dead 'Tis time to crep In close about the fire And tell gray tales of what we were, and dream Old dreams and faded, and as we may rejoice In the young life that round us leap. and laughs, A fountain in the sunshine, in the pride Of Ocd's best gift that to us twain returns. Dear Heart, no more no more. W. E. Henley. Delicious Drinff and DcLtnfjr Dishes ARE MADE FROM BAKER'S BREAKFAST COCOA ABSOLUTELY PURE Unequaled for Sraoottnets, Delicacy ,Md Plaror Examine the package you receive and make sure that it bears our trade-mark. Under the decisions of t'.io U. S. Courts no other Cocoa is entitled to be labeled or sold as "BAKER'S COCOA." Walter Baker & Co. Ltd. Established 17S0 DORCHESTER, MASS.

FAMOUS

TlfrlTi HP a I DK. JOHN W. BC1.L, Oiscorerer of Dr. Ball's Cotton Syrup.

IT HAS CURED THOUSANDS.

My little boy had a touch of bronchial pneur.ionia and Dr. Hull's Cough Sytup saved nirn. after I had gWen hlm but a few du-e-. M y other boy and my husband had brd colds also, bot thanks to the wonderful lr. Ball's Cough 8vrupth7 were cured to " Mrs. Annie Winkle, '26 Diamond St., Brooklyn, N. T. "I have naed Dr. Bull's Conph Syrup for mr cold and obtained great re Icf. 1 have a cold every winter and always take Dr. Bull" Cough Syrup, w: i h helps me more than anything eine and always cures me." Miss Barbara C. Williamson, Audover, Mass. "I have used Dr. Bull's Cough Fyrup for years in my family and find It inv&lnaMe when any of my children are hoarse or oroopy. Mrs. O. T. Wynkoop, STth and Bast G.ison Streets, Port and, Oregon. "I bare used Dr. Pull's Cough Syrup for the last Heven years and hare always derived rreat benefit from it. I also recommended it to mant of mr friend and theyare Tery well neaed "rifh tlM result that followed its use." Andrew Zililg. lf Hickory La., Buffalo, N.T.

Avoid Substitutes. Do not accept tome cheap Imitation ; It may contain harmful drugs. Noither take the poor substitute offered by the dealer ; he is after large profit and you will endanger your health or that of your family If you fool with a substitute. Insist on PR. BULL'S COUGH SYRUP. It is the best; It la the one that will cure you and no other remedy equals It. See that our Trade Mark the Bull's Head la on the wrapper. Large bottles, only 25 cents, at all druggists. A. C MEYER ft CO.. Sole Proprietors. Baltimore, Wd

THE JOURNAL'S

Art Calendars for 1905

(I ' Ve' ' . $ K 1383 x ' L- ': ' K:'-":S L ; ,

Two three-sheet Calendars, each sheet specially pa'nted by Mist Maud Stumm, THE FAMOUS WATER-COLOR 1ST. of New York City.

Calendar No. I ALICE SEILSOM ADELE RITCHIE EDM J MJiY Each sheet devoted to an actress pleasing style.

The Calendars are beautifully lithographed, from the original watercolor paintings, in twelve colors, on heavy pebble plate paper 12 lnchea high by 10 inches wide. Each three-pheet is tied with a silk ribbon.

You could not buy this Calendar at an art or book store for less than 60 cents. We bo l crht 6,000 and can sell them at IB rents each mailed to any address. When ordering state which Calendar you want and how many of each. A more beautiful CHRISTMAS or NEW YEAR GREET I NO would be hard to find. This is not a gaudy Calendar, but is an unusually beautiful work of art. When you see one you will want several.

For the convenience of INDIANAPOLIS SUBSCRIBERS who have not 15 cents In change or stamps to send us. or who cannot call at the office, we will fill telephone or mail orders and add the amount to the regular subscription bill. Ready for delivery Monday, Dec. 22. Send In your order now.

Address CALENDAR CLERK,

1 1 e. Both Phones. Ask for the Journal. THE WONDEii OF THE AGE The "Omega" Odorless Oas 5tove Marks a revoluton in gas heating and ! household sanitation. Perfect combustion Is secured by the generation or intense heat and the thorough mixing progressively of the gas supply with air. by which It la possible to use at leant forty-five cubic feet of air to every cubic foot of gas. Its operation combines three Important and indespensable factors economy in fuel, perfect combustion, sterilisation. In the "OMEGA"' they are the result of mechanical combinations produced as the result of extensive s-'lentilW- :irh. On exhibition and for aale by The Indianapolis Gas Company 49 South Pennsylvania Street Sunday Journal by Hail, $2.51 psr Year.

DR. BULL

Inventor of

Dr. Bull's ough Syrup

Dr. John W. Bull, wfco discovered Dr Ball CYmrh Srrun flftT tpm xjto wn the bmjsI SQCoe!ful doctor for all throat and lung diseases the world has Ter known. No other doctor baa ever been able to deTiee a better forarals. There I no esse of throat or lnng trouble wfcftea Dr. Hull s Cough Syrup will not cure. It to today the only absolutely tare snd safe en re for oupli, cld. h rsene, bronclittu. tnaai eronn. wli plne cough, bleeding lungs or orrbages and consumption. "Mr family has used Dr Bell's Coagh Synm for the last twelve years ruccessfnlly snd would umj no other. ' Kirk Feid, 511 D L-reet, S. E , Washington. D. C. "I use r.ono other but Dr. flail's Ooajra Syrup. It has been ased in our family for many years and would not be without it ia the house " Ernest B. Curry, B. J. Stat Hospital, Morris Plains, N. J. 'I used Dr Bull's Conch Syrnp with beneficial results. It worked like a charm sod cared a cough in one night. It is tn nicest and best cough srmp I ever ued " William Campbell. Barnhurst P. O., Sewcaatle OoDelaware. "I wnt to tell vou how delighted we all 1 with Dr Bull's Cough brmp I am not saving too much when I say It Is the very beat oongh syrup, not only for grown people but I never found anything to equal It for children. Dr. Bull's Cough Syrup deserves the entire credit for my children's g od health. I 1 .uomme a4 It to everybody ' Geo. Gabriel, 10 Second Ave., New York City. IrlP if i Calendar Mo. 2 AMMJf HELD LULU CLMER VIRGINIA EARLB and executed in Maud Stumm' moat Indianapolis Journal. I A It U made from the pure juice of grapas. natural fy fermented. Boexjmt m:i.s. stem ils n mMI'S. STÖiCI U5 STAKPi pfrTtt-Uga. tSSJOsSlOIANSU

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