Indianapolis Journal, Volume 54, Number 98, Indianapolis, Marion County, 7 April 1904 — Page 6

THE INDIANAPOLIS JOURNAL, THURSDAY, APRIL 7, 1901. G SWISS HEIRS FIGHT STATE AND CONTEST FOR PROPERTY Felix Mc Whirter Named for Governor by Prohibitionists

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Arguments of Plaintiff Are Said to Be Controverted by an International Treaty.

COURT IS CONSIDERING Argumen was heard yesterday before Judge Allen, of the Circuit Court, in the case of the State of Indiana brought by Attorney Oneral Miller against the heirs to the estate of John Tphman. The suit, whicl was filed a few days ago, sets forth that under the provisions of the state statutes of 15 property on East Ohio street and in Hall place to the value cf about 1.V" and which formerly belonged to Mr. Lehman, but at hl3 death went to his heirs in Switzerland, has now in the eyes of the law reverted to the State of Indiana. The statutes referred to provide that no alien shall hold property in the United States except by will or inheritance, and in 'such case the property can only be his for a term of live years, and if not sold in that time It must revert to the State. On these grounds the State Is making Its prosecution, and so argued before the court yesterday through its attorney, Charles Martindale. 1 The Swiss heirs are represented by Frank EJenharttr, who argued that the state statutes of 1SS3 are null because of their conflict with an International treaty made by representatives of this country and Switzerland in liM. which Ave years later was ratified by the United States Senate. This treaty, It was argued, contains pro visions giving to the citizens of either country the broadest possible powers reflecting personal property belonging to thtm situated in the other country, and provides that these provisions "shall be applicable to real estate within the States" of the American Union or within cantons cf the Swhs confederation in which foreigners shal; be entitled to hold or exhibit real estate." It was said that this treaty, which was confirmed by a number of supreme courts of the country, had precedence over any state statute that may have been passed to the contrary. The question was then under advisement by the court. Man Asks for Divorce and Wife Partial Separation Whether or not a husband can secure an absolute divorce when the wife 13 asking for a limited separation 13 the question that Judge Carter, of the Superior Court, must determine. Some time ago Kate Harrington brought suit for a limited separation from James Harrington, and the defendant Tiled ' a cross petition to the petition, asking for an absolute divorce. Yesterday L. C. Cox riled a motion with the court to strike the cross complaint from the riles on the grounds hat the new law of February, 1903. does not provide for an absolute divorce. In her oiiginal complaint Mrs. Harrington claims cruel and inhuman treatment and aaktd Jl.ouO alimony. .Union Traction Company Is Sued for Breach of Contract The Cincinnati Traction Company of Ohio filed an amended bill of complaint against the Union Traction Company of Indiana in Federal Court yesterday. The plaintiff alleges that the Union Traction Company railed to carry out its contract relative to the disposition of the Mill Creek Valley Street-railway Company and demand's Jw.ouo for the breach of contract. Tili: COIUT RECORD. SUPERIOR COURT. Room 2 James M. Leathers, Judge. L. R. Smith vs. W. R. Ryan; account. Evidence heard. Taken under advisement. John Beezley vs. Minnie B. Beezley; divorce. Dismissed at plaintiff's cost. Room 3 Vinson Carter, Judge. Walter J. Hubbard vs. Jesse J. Pruitt et al.; foreclosure. Finding and judgment against Jesse J. Pruitt for $133.17 and costs. iJecree foreclosure. Emilie Scholl vs. Susan Dennis et al.; damages. Judgment on verdict for 5-)0 and costs. CIRCUIT COURT. Henry Clay Allen, Judge. Lawrence Hanlon vs. Sabain HanIon. Submitted to court. Evidence .heard. ' Finding for defendant. Judgement against plaintiff for costs. Pearl L. Swineford vs. Harry F. Swineford. Submitted to court. Finding for plaintiff decree of divorce. Plaintiff given custody of minor child. Earl O. Swineford. Judgment against defendant for costs. Lottie Stanley vs. Clinton W. Stanley. Submitted to court. Finding for plaintiff decree of divorce. Maiden name of Lottie L. Chambers restored. Judgment against defendant for costs. Lottie McCoy vs. William McCoy. Submitted to court. Findingand decree of divorce for plaintiff. Judgment against defendant for costs. Mary 1 "Wadlington vs. James D. WadHngton. Submitted to court. Finding for plaintiff decree of . divorce. Judgment a&ainst defendant .for costs. Alma Ennis vs. Stanley Ennls. Submitted to court. Finding for plaintiff. Decree of divorce. Judgment against defendant for J300 alimony and costs. City of Indianapolis vs. William Itodockr. Dismissed. Costa paid. Louisa Mitchell vs. Harry Mitchell. Submitted to court. Evidence heard. Taken under advisement. Margarete Cockerham vs. Samuel Cockerham. Dismissed by plaintiff. Judgment against plaintiff for costs. ilmiline Jenkins vs. William Carpenter. Dismissed by plaintiff. Judgment against piaintirr ror costs. tlray & Orlbben vs. Allen Sawyers. Submitted to court. Finding for plaintiff. Judg ment against aeienciant lor costs. Smith &-Gray vs. Anton Kaufman. Submitted to court. Finding for plaintiff. Judgment against deiendant for costs. Michael Smith vs. Stella Ward. Submit ted to court. Finding for plaintiff. Judg iiiCiiW a i, a mat utituuam iui luala. T1IK HH.HIIIl COIHT.V 1IKCORD. SUPREME COURT. 2024. Farmers Insurance Association vs. Iteavij et al. Delaware C. C. Affirmed. 'Hadley. J. 1. Section um Rums does not authorize an interrogatory ns to which paragraph of the complaint the verdict Is based upon, and an answer thereto must be CLsregarded. 2. A tire insurance company cannot escape payment of a loss on the ground that natural gas was burned without the regulator which its by-laws required should be used, where its general agent (director), who wrote the policy had notice from the first of the manner in which the gas was burned, and informed the company, and the comrany levied and collected fines and assessrx ents for two year and a half before the property burned. 3)153. yuinn. administrator, vs. C. & E. Railroad Company. Jay C. C. Alarmed. Dowlinsr, . J. It is contributory negligence for one who comes to a crossing, which is Mocked by a passing train on the main track, to station himself on a sidetrack, where the sidewalk intersects it, and stand ' there until a train on such track. 250 feet away, in plain view, has been nut in morion and slowly and noiselessly backed down I ui'vn unit, i iiv um ii"T-ii it warning that dare is necessary to avoid possible in-Jury-3j173. Myers et al. vs. Manlove et al. Fayette C. C. Leave to file brief granted. 2n'l7. Rartholomew vs. Town of Lowell. I.ake C. C. Thirty days granted to tile brief. Minutes. 303-jy. (47SOA. O Knickerbocker Ice Company vs. George Jrey. Importe S. C. Appellant's brief. (S. aC4"L Hoard "of Commissioners of Howard county vs. Milton (Jarrlgus. Hamilton C. C. Appellant' additional authorities S.) Moses Fowler Chase vs. . Frederick S. Chase. Denton C. C. Appellant's motion to extend rule to show cause. Rulings. 'J0153. It. W. Quinn. administrator, vs. C. & E. It. R. Company. Jay C. C. Affirmed. Dowllng. J. Farmers Insurance Association of Madison county vs. J. F. Reavis et al. Unaware C. C. Affirmed. Ifadley, J. CJi. C. S. Allen vs. J. W. White tt ' al.

(CONCLUDED FROM FIRST PACK.)

Realize that you deserve the election and fight to th" finish, and victory will come." MAX GIVES IN "SINEWS." The first business taken up was the call for subscriptions for a campaign fund. The Rev. W. P. MeK'nsey, of I'lalnTMd. who took charge of the work, declared that the party needed $.V),0 to elect its ticket in Indiana this year, and expressed his confidence that the Prohibitionists of the State would put up the amount. Subscriptions of l.0 were first called for, but there was no response. When the amount was finally lowered to $2T Charles Eckert, of Auburn, form r candidate for Governor, he-ided the list, and numerous smaller subscriptions followed, the total of which reached a considerable sum. A wave of enthusiasm passed over the convention when it was announced that ight schoolboys of Grecncastle had contributed their mite of 53. The report of the committee on resolutions was received with cheers, but its adoption, which was taken up plank by plank, was prolonged into the afternoon session, there being a wrangle over almost eery plank. The sentence, "The repeal o? all liquor tax and liquor license laws would give us the natural condition of -prohibition," was stricken out of the second plank after a lengthy debate, it being finally decided that the repeal of all such laws would not bring about absolute prohibition, but that with no tax and license laws liquor could be "given away" and the consumption would not be reduced. Tho Rev. Mr. Allen attacked the woman's suffrage plank vigorously, contending that woman's suffrage would not materially benefit the Prohibition party because comparatively few women would vote the Prohibition ticket. He quoted Prohibition State Chairman Hipp of Colorado to the effect that the women in that State vote the Democratic or Republican ticket and that the cause of Prohibition had not been furthered by woman's suffrage there. He concluded by sayiug that the South did j not want woman's suffrage. WOMAN VOICES FIERY PLEA. Mrs. Stanley, who formerly lived in the South, came to the defense of the plank with an eloquent and licry speech that set the delegates wild with enthusiasm. She declared that the greatest wrong the people of the North had ever done the people of the South was when they disfranchised Jefferson Davis and put him on the same plane with women. Again she said that the American Loy has to wait twenty-one years to be permitted to vote, while the foreigner has to wait but five years. "We women," she added, "have to wait 501 years and then we don't get to vote." The plauk was finally adopted by a viva voce vote. An hour of the afternoon session had been consumed before the platform was at last adopted as a whole. Early in the afternoon National Chairman Stewart was called upon to greet the convention, but he said he would save his message until the evening meeting. He made a brief speech, however, at the close of which he saia there was every evidence that the Prohibition party is alive, awake and ready for an aggressive campaign. "The Democratic party is dead." he declared, "the Republican party is dying and it is time for us to get busy. In addition to selecting the state ticket, the convention named Felix T. McWhirter, of Indianapolis, and Charles Eckert, of Auburn, as members of the national com mittee from this State; selected Robert 11. Clarke, of Fort Wayne, and Preston Rider, f Columbus, as presidential electors at large, and chose State Chairman C. 12 Newlin, A. L. Crim, of Ladoga; L. C. Mas ters, of Muncie, and Dr. Homer J. Wall, of Franklin, as delegate.s-at-large to the na tlcnal convention, with Harvey Ratliff, of Marion; J. R. Henry, of Indianapolis; Hen ry Thompson, of Greensburg, and John Zahn, of Gantsburg, as alternate delegates at-large. DELEGATE ELECTION IS TEDIOUS. The selection of the presidential electors and delegates-at-large was a long and tiresome piece of work, as almost every district had a "favorite son" whose friends sought honors for him in this connection In accepting the nomination for Gov ernor, Mr. McWhirter made a brief speech that stirred the convention to frequent and prolonged applause. Mr. McWhirter has been frequently mentioned in connection with the nomination for Vice President on the Prohibition ticket, but the party lead ers- in the State decided that they could not spare him to the national ticket, and that he could do more good for the party by heading the ticket in Indiana. The convention adopted the rising sun as the party emblem, and on motion of one enthusiastic .delegate it was decided that the emblem this year should "show that the sun had risen a little higher up." PLANKS IN PLATFORM SCORE EVIL OP LIQUOR Woman Suffrage Is Approved in Declaration of Party's Principles. : The platform adopted by the Prohibitionists of Indiana is as follows: "Holding that the legalised liquor traffic is the most fruitful source of waste, poverty, crime and misery, we. the Prohibitionists of the State of Indiana, in convention assembled in the city of Indianapolis, thisth d:iy of April, li04, acknowledging almighty God as the source of all power In government, moved by the spirit of patriotism and relying upon the honesty and integrity of the masses of the people, do hereby declare the following platform of principles: "Since the Supreme Court of the United States has decided so justly that 'there is no inherent right in a citizen to sell intoxicating liquors' (Crowley vs. Christensen, 137 IT. S., Sö). we, therefore, hold to the logical . truth that this right cannot be acquired except by legal enactment. ' All Allen C. C. Petition to transfer to lower court denied. APPELLATE COURT. 5J8. State vs. Peterman, Montgomery C. C. Appeal not sustained. Heuly, C. J. Section "i"3. A. Burns, requiring a parent or guardian to send his child to a "public, private or parochial school" under penalty of a tine, is sufficiently complied with by having the child instructed at a private residence in the branches tausht in the public schools, during the days and hours that said schools are in session, by a competent tutor, who has no other pupils and does "hold herself out as conducting a school." 4h!3. E. & T. II. Railway Co. vs. Clements. Knox C. C. Reversed. Comstock J. 1. A complaint sufficiently charges negligence to withstand a demurrer, by alleging that defendant ran its train at high spied over a dangerous crossing without giving any signals. 2. A traveler is bound to take reasonable precautions to avoid danger in crossing a railroad on a highway, and the fact that obstructions of which he knows prevent him from seeing down the track until he is fairly upon the railroad right-of-way does not. In case he falls to see or hear any trains after looking and listening, "justify him in presuming that there Is no train approaching and that he can pass over the crossing in safety," nor permit him to relax his vigilance to guard against injury until he is fairly across the track. 4M1T. C, I & U Railway Company vs. Southern Railway Company. Lawrence C. C. Affirmed. Roby, J. Dissenting opinion by Wiley. 1. J. 1. A railroad cannot legally contract with another railroad that it will not run any sidetracks Into any stone quarries connected by tracks with the other railroad, nor demand the use of such tracks for the shipment of stone, but will preserve a?I the other railroad's "rights and benefits in the business of such quarries," and will charge and collect for Mich road a certain sum on all stone shipped over Its own track, such a contract being in restraint of trade as tending to create and perpetuate a monopoly. 2. A corporation cannot be estopped to deny the binding force of a contract that Is illegal and void as In violation of law and public policy. 3. Where some legal and some illegal acts are to be done for a single consideration, the contract being indivisible, the courts will not enforce any of the stipulations. 4Xi. Hitchcock vs. Casper. Noble C. C. Appellant's ietitlon for rehearing overruled. 47S:i. City of Auburn vs. Jones. De Kalb C. C. Appeal dismissed. 42iS. Alden vs. White et al. Allen C. C. Petition to transfer to Supreme Court overru'ed. 4n.7. Indianapolis Street Railway Com

such laws when enacted are contrary to the

voice of the Supreme Court of the Lnited States, which further says: 'No Legisla ture can bargain away the public health or the public morals' (löl U. S., M6); therefore, we ask is patriotic citizens, for the repeal of all such laws which now make the Stater a party to the crime of liquor selling. ARE CITIZENS INSULTED? "For the honor of our State, the safety and pi Jtection of the people, the financial and moral benefit to all, for the health, comfort and happiness of homes, we de clare for a constitutional and legislative enactment forever prohibiting the manufac ture, sale, importation, exportation and transportation of intoxicating liquors for beverage purposes within the State and within the Nation and our foreign posses sions. "We call attention to the fact that the remonstrance feature of the Nicholson law is against the individual applicant for license, and not against the existence of the saloon, in any ward or township; notwith standing a majority may sign a remon strance, other applicants may apply, unreasonable burden is entailed upon the peo ple by this law, which has failed to securo a general decrease in the number or saloons. Since its enactment saloons in Indiana havo Increased on an average of 2u0 a -year, be ing in a ratio of double the increase of population. Moreover, such a law does not sever the complicity of the Stato with the liquor business. It Insults every honest citizen by assuming that until he has signed a remonstrance he shall be counted by the State and the saloon as favoring the infamous traffic. EQUAL SUFFRAGE FAVORED. "Believing in equal rights for all and special privileges to none, we favor equal suffrage regardless of sex. "We declare ourselves in favor of legis lation which will place labor and capital upon an equal footing before the law, both with regard to the rights of property and of individuals. To this end we recommend boards of arbitration, constituted with due authority and guaranty of strict impartiality in their decisions. We insist upon more rigid inspection of the condition of mines and all places where labor is employed. "We recognize with greatest apprehension for our public welfare the growing disre spect for law observance. We fear for the perpetuity of our government and trace the cause of law violation, for the most part. to the licensed liquor traffic. Larger cities are under metropolitan riolice boards, determined by politicians who are influenced by the saloon element. We believe that the only safety to the people rests In the elec tion of candidates of the Prohibition party who are free from the complicity and domi nation of the saloon power. We favor the impartial enforcement of all laws. We ear nestly urge all voters of Indiana to join with us in this patriotic and unselfish endeavor." "DEMOCRATIC PARTY IS DEAD" SAYS CHAIRMAN Oliver W. Stewart Declares that Only Fragmentary Principles Remain as Issues. Oliver Wendell Stewart in his address to the Prohibitionists of the State at Tomlinson Hall last night delivered ft funeral oration over the Democratic party and labeled it "a party of the past and without an issue'." After a review of the two histories of the political parties, he said: "The Democratic party had but one issue in its life, and that wan settled during the civil war. It has never had any since. It has never elected a President since Buchanan and my pre dictions are that it never will. You may say 'What about Cleveland?' I say that Cleveland never was a Democrat, but a Republican of the first type. This was proved during the great Chicago strike riot, when, in spite of the refusal of the Governor of that State, who was a Demo erat, to call out the militia, he sent government troops and quelled the riot. "That was no act of a Thomas Jefferson Democrat, but of an Abraham Lincoln Re publican. "As a matter of fact, the Democratic party is sadly disintegrating. It has no issues whatever, and is merely existing; At no time In the last ten years has it car ried a single State except on some local Is.?ue. The national Democratic party i3 without an Issue. "Now, some who do not understand me. may think that I am abusing the party which once was. I am not. I can't. Over the corpse of a person is no time to abuse I am only preaching the funeral of the par ty, and can only speak of it in the best terms. With apparent dissatisfaction that exists among both the big political parties, the speaker thought that time was never more opportune for Prohibition success than now. ana admonished ins hearers to greater en thusiasm in the work of the day. He was optimistic of the results and believed that his prty, with its present name and plat form, could win the battle. Tho one fundamental principle of the party Mr. Stewart held was the lixed nolicv to ward those things that were harming the country. "The statement made concerning the Prohibition party, that should it secure control of the reins of the government would obliterate all crime," he said were erroneous. "Such. as. you all know, would be one or the impossibilities; we would only try to reduce the crime. "The hour is past." the orator concluded. "when the Republican or the Democratic party can win the tight for the Prohibi tionists. It is a party of itself now and will prosper. Let me plead with you to stand by it and work for its success.. We arc going to iook ror great tnings irom Indiana. You have a good platform and the ticket couidn t be better. pany vs. Donnell. Morgan C. C. Petition to transier to supreme Court denied. Minutes. 4540. Hoosier Construction Company vs. National Rank of Commerce of Seattle Marion S. C. Reply brief (S.) Union Centra! Life Insurance Com pany vs. E. P. Loughmiller. Floyd C. C. Appellee's , petition to remove to Supreme couri. TIIC JOURNAL'S SHOPPING DEPART31 EXT; 17& r-e.v. a ir', Ts fjsr viz For the Use of Journal Subscribers. The Journal has established a free shopping department for the use of its readers All Journal subscribers are invited to use the department freely at all times. Experts have been engaged as Journal shopping commissioners who will personally execute any orders readers whsh to send. When you sec an attraction in the Journal advertising columns and Und it inconvenient to visit the stores yourself, communicate with the Journal's Shopping Department by telephone, or mail, and the purchase will be made immediately and the goods sent to you C. O. D. Your purchase will be made within an hour of the time the order is received, and it will be made by an expert shopper one who knows how to luv and buy well. All merchants advertising' in the Journal are thoroughly reliable and purchases made by tho Journal's staff will be at the lowest figures obtainable by anybodv. The shopping will be dono absolutely without expense to you or to the merchant The one r'uuiitmvui ia mm you oe a Journal subscriber. All correspondence relating to purchases or prospective purchases will be answered uromptly and fully. Any class of Durchasr yuu wish will be made. If you want anything from a pair of gloves to an automobile, you can give your order through the Journal s snopping department. Address Journal Shoeing Department.

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through and through.

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The Missing Man

A THrillinrf Tale of Mystery.

Hypnotic Influence and Double Personality

Synopsis of Preceding1 Chapters. Arthur Hamilton, of Grovedale. N. H.. takes lave of his wife and two little children one May day to ko away for an absence of two weeks on a mission which he does not explain and to a place which ho does not name. A like mysterious trip has been taken during every May of their married life and has formed the only cloud between them. The wife is loyal, but doubts arlso in siite of her. Fhe watches her husband on this occasion from an upper window and eees a etranee woman emerge from the villaRe inn and greet him on his way to the railroad station. A week after his departure a clerk from the bank In which Hamilton Is employed as cashier comes to her residence to pee him and tells Mrs. Hamilton that he saw her hus band at the bank at S o'clock the nisrht before. She has not seen him and is greatly alarmed. Investigation develops that no one has seen him but the clerk. Xo suspicion of dishonesty is felt by the other bank. officers at ttrst. so preat is their tru.t in Hamilton, but they begin to fear foul play. Mrs. Hamilton employs a detective' and also advertises for the missing man. The president of the bank receives a mysterious letter, without postmark, signed by Hamilton, saylntr he cannot return at present and testifying to the perfect honesty of Osborn, a clerk, who has been under some suspicion. A bank expert finds that certain notes have been fraudulently raised from the amounts originally written. The wife refuses to believe In his gjllt. though the time is long past when he should have returned. Chapter VI., Continued from Testerday.J This was her heart's cry, but outwardly she was calm until Mr. Hastings went away. Then she Fat down overwhelmed with a nameless dread. What misery, what misery was hers! If the newspapers spoke true, what was she but a deserted wife, the wife of a bank defaulter, who had forsaken her for another woman! If It was not as was be lieved, then Vane was detained somewhere against his will, either by force or by severe illness, or ne was aeaa. ueaa: witn the elods of opprobrium on his confined form! They might never be lifted, never while she lived, while her children lived, and they would have to suffer the shame, unmerited, cf having a father who abused the confidence of a trusting- community. Could she bear it to know that this was really true of him? could she bear It to know he were dead? 'Oh, I don't know, I don't know!" moaned Constance. "People live through so much, and I am so strong!" She held up her hand to the llg-ht and saw a glimmer through it. "But I don't want to die. I hope God will let me live for the children's sake, and if I might know years from now, Fay when I am quite an old woman, that Vane was good and true, even though he died far away, 1 would not murmer. I could bear separation, death, anything but to know Vane was a bad man." CHAPTER VII. TONY'S DISCOVERT. Mr. Bruce was nearly convinced of truth of his theory when he received the Mr. Hastings's letter. "Something more than a coincidence." he muttered, onrcading that Mr. Hamilton left Grovedale on the 9th Instant. Accordingly he racked his inventive gen ius for some scheme, not too tenuous, by which he might discover the hiding place of Ashley. Tempting advertisements were nut into the newspapers, letters were sent to various parts of Canada with of an unscrupulous nature, some proposals addressed Dut not these, not to Hamilton, others to Ashley, a word was received in reply to even when a plausible scheme to start a bank in a growing town in the new State of Washington was laid before the soidistant defaulter. Indeed, it was evident by this time that he was too shrewd to be caught by such means. Bruce, as a last resort, again went to Canada himself, got detectives there to aid him. and as thorough a search through the province was made as could be effected in the time he gave himself for it. Several times he fancied himself to be on the right trail, but subsequent Investigations proved the fallacy of first suppositions. Stifl he could never quite rid himself of the belief that he saw Hamilton, or Ashley, on one of the streets in Montreal a day or two after he reached the city. But the man vanished so quickly that Bruce was amazed. In full view, on a not too-crowded street. then gone! It was like magic. The entered a store nor Th?re was no reason man couia not nae vanished In a cellar. a 1

The perfect baking of the National Biscuit Company begins with right material and eery step thereafter through the whole process of baking is rigit. There is not one point of quality that care, skill- and modern bakeries could make better. It is per- v fection itself

By MARY R. P. HATCH Copyright by Lee & Sheparfl.

Dealing witH a Startling

PH ase why he need think himself under surveillance. Bruce spfnt the day in the immediate neighborhood of the mysterious disappearance, but to no purpose, and at last he reluctantly owned to himself that he might have been mistaken. Anxious as he was to succeed In his undertaking and earn the reward offered for Unding Hamilton, or rather being the means of returning him to Grovedale. Bruce was at last compelled to desist from his task. Much time and money had already been spent, and other business was pressing. Even when Mrs. Hamilton wrote to him with her own hand, promising the same reward, and all expenses paid if he would find her husband or produce certain evidence of his whereabouts, Bruce, in justice to himself and her, felt compelled to reply that he could not find the least trace of him which promised a satisfactory ending. At present the matter seemed veiled in mystery. Her husband seemed to be effectually hidden; but, he added, if any clew was discovered, either through his own offices or any one's else, he would resume tlft; search as speedily as possible. And with this Mrs. Hamilton was constrained to be satisfied. Satisfied! What a word to express the tortured, uncertain strain that rent her heart and soul night and day! But there seemed nothing more to be done at present. Constance still continued to live in her own home with her uncle and two children. The latter went to school, and their mother put on their hats and kissed them g-ood-bye, sometimes with a smile on her face, to spare their young hearts too much knowledge of sorrow. Mr. Carter, who was really a man of excellent business qualities, though somewhat obscured by middleage inertia, attended .well to the business at the mill with the help of Mr. Henderson and a clerk recently added to the office. At the bank an excellent cashier filled Hamilton's place for the present; but it was uncertain how long he could be retained, as his health was delicate and his means such as placed him above the neces sity of doing any business. Tony was still there, but his position seemed at times most irksome. The strain on his nerves and temper during the inves tigations left an unpleasant impression. lor he was sensible that for several days ne naa Deen looKea upon witn suspicion. inis iact placed him in sympathy with Hamilton, and he mid more than once been heard to say that he believed the missing casiuer to De an innocent man. He had been informed by President Hast imrs or liruce s discoveries in the West, ana was particularly Impressed with the fact of Ashley's having hypnotized the Jailer and so effected his escape from prison. Hamilton, he felt convinced, possessed no such power. The possibilities of such a ii;rn s acts, a man sard to resemble Ham luon, inougn it might be ever so slightly. i j'vuitu iurtiuiy to tne mina or young Osborn. and set his mind careering into fields of imagination far removed from the columns or ngures before him. He had not. cauea to see Mrs. Hamilton since he carrrea ner the ominous statement of her nusDanas return to the bank. Somehow ne snranK irom going there, but when he cnanceu to meet ner he bowed with scrupu lous gravity and respect. ine summer was wearing away. August had come with its wilting days, and bathers often sought the shaded river for a plunge in us cuoiing waters. It was near the village; one coming from the savings bank lowara Mrs. Hamiltons residence would ue wanting siraignt toward it for half the distance. Then to go there one would be compeiiea to swerve to the right. On the other side a new railroad had recently been built. The hilly portions had been leveled noiiows nnea up, and Immense rocks oiastea. Hundreds of men were employed. anu tnc ainerent gangs were located about five miles apart. It had been a period or vexation to tne townspeople on both sides of the river, but happily the undertaKing was now complete, and as remind ers mere were tne trains running regu lany ana tne ooat left by the workmen in tne river. Many of them were Italians, and tour or tnem were drowned in crossing it m quesa m intoxicants, and it Is said they were buried In the dump, uncofflned. and without service of any sort, by their companions. Iow and degraded they must have been, and it is no wonder the people were afraid of what they might do, and were giaa wnen tney left. All this occurred to Osborn one day in August, when, changing his bathing suit for his ordinary clothes, he saw in the bushes, not two feet from the place where be had dexxslted his own suit, a silk cap with a weather-stained satin lining ana an emDroiuerea monogram. The letters certainly were V. C. H., how ever tney migni stana in oraer. me U. or the H. was as likely to stand first, per haps, nut iony ieit convmcea mat the cap he held in his hand was once the property of Vane Hamilton. It was just such a one as wives, sweet

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when it reaches your table untouched by strange hands, untainted by odors. The quality, oven flavor and freshness are preserved in an air tight package, distinguished by the trade mark here shown. It always appears in red and white on each end of the package and warrants the perfect condition of the contents. For example try packages of Butter Thin Biscuit and Graham Crackers national biscuit company:

hearts and daughters make for their masculine dependents to travel in. and Tony thought he recollected that Mr. Hamilton carried one la his overcoat pocket. His wife would know, and whether he took it on his last trip. If so, it proved his presence afterwards in Grovedale as conclu sively as tne gold shirt-stud bad. It was a peculiar coincidence that in both instances he should be the tinder. But was not there an ominous significance in its being found on the bank of the river so near the spot where the Italians were wont to land on their excursions after liquor? Easily excited, malicious and revengeful, ready to brandish their knives at any provocation, it was not impossible that they had set upon Hamilton when intoxicated, killed him and sunk his body in the river. The cap might be the sole relic of a terrible tragedy happening at this very spot. The Italians went in numbers of four or five ususally; the plaoe was se questered; in their ignorance, knowing he came from the bank, they might have fancied that he had a large sum of money in his possession. It was Just the time when disturbances had been most frequent; and it was strange the possibility had been overlooked. If his surmises should be proved true, then it would not be asked why Hamilton should do so strange a thing as to go to the bank, and yet not to his own house afterwards. It would be seen that he was on the way there when some thing happened to prevent, something dreadful, or he would have been heard from. While acknowledging to himself the tenuous nature of his surmises, he yet felt that there was sufficient weight to them, in veiw of Hamilton's sudden disappearance and the finding of the cap. to sot on foot inquiries in this new direction. Osborn, after some deliberation as to what would be the wisest course, called after banking hours at the house of the president. Mr. Hastings was present and re ceived him pleasantly. As soon as the young man was alone with the president in the latter s room, he broached the subject of his call and produced the cap as confirmatory of a portion of his state ment. "You found it by the river bank?" "Yes, sir; lodged in the busnes. it may have been washed ashore, but I think, as the Water has been low since May, it was more likely tossed there by some one." 'We had a small freshet the very last of May. you recollect." 'Yes, so we did! Well, it may have been washed there by the rise of the water, Any way, it looks ominous; ao not you think so, Mr. Hastings? "Perhaps so." said the president. "Let's see. ).ou saw Hamilton enter tne bank at about 7 o'clock oo the 22d of May. Why do you thlnK he returned; I thinK it migni nave reen xo get some negotiaDie papers wnicn ne naa round a chance to place satisfactorily." "What! Without consulting any of the bank officers r "That he could have done afterwards. "After he had taken the notes. I think you win nave to try again, iooy. Tony bit ms ups. - wen. sir. it may have been something of hi own he was after. He kept his own papers and money in the Fare. 1 know that." "Still. Tony, we have reason to believe it was the notes ne aia come alter, uut snippose your premises are right, do you think Hamilton started to go nome irom the bank, went as far as the river, encountered the Italians, presumably intoxicated, and was finally set upon by them?" "I do," said Tony, firmly. "I know that he was in town the twenty-second, and from what I know of him I'rm convinced he would not go away again without letting his wife know or his presence. "It does seem so, said Mr. Hastings. reflectively. "iiut tne trouoie is we are reasoning from a standpoint which exists no longer, if Hamilton is not the honorable man we thought him. Y e believed him to be a Christian, a man of probity, singularly kind and considerate. Now, if he was not all this he was a hypocrite. If he would go to the bank, secretly, after notes to use dishonestly, he would be capable of worse acts than failing to let his wife know of his presence in town. Indeed, he would wish her to be in ignorance, for he would -know what we all know, that she Is above reproach, if tie is not." Osborn could not deny the truth of this reasoning. "But a man like Hamilton, universally respected! nucn men ao not an at once become dishonest, he urged. "Ah, Tony! said Mr. Hastings, gravely shaking his head. . "The forces of his nature, his motives, were an unknown to us. and perhaps to himself. Habits keep many a man walking ine siraignt path. shen. had he been differently placed, he might have been a thief from the outset Look at Spauldlug of the Ayershire Bank in Massachusetts. Look at Caldwell of the Bhenlx. Were they not universally trusted? They had to be to fill the positions they did. Now, wnere are tney: uom in can ada. where I suspect Hamilton Is. Bruce thinks so too." "I don t think so mucn or uruce as you do. sir." said Osborn. with the easy candor characteristic of him. "Whv. sir. Uruce has done an mat a man could do." "Strange, wasn't it, about the man Ash-

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V a tr 0 o 3 o 3 D 3 S 0 2 v 5 o 3 0 0 5f H ? v 3 at O 7 2 W Z o o S 3,2 5s! o o 2- rT G 3 a 0 W N p "J 0 3 C o 3 C I ley hypnotizing the jailer?" said Tony. "Yes, it was. A man HKe mat is a uiugerous man. . 'Hut Hamilton had no such power mat we know of," said Osborn. He would not be likely to let it na known, if he had. If Ashley and Hamilton are identical, this business at the bauK here isn't his first piece of dishonesty." "I don't believe they are identical. I belicve that Ashley is another sort of a man, who may or may not resemble Hamilton. and who, by hypnotism or the milder form of rascinatlon, compels poopie to uu m bidding. You recoIkt reading me what Bruce said about the Valparaiso people distrusting the other two men, but immediate ly succumbing .to the influence oi asmo. And that letter of Simon Low s. wouia you mind reading again that passage wnere the man presented the uowics note?" "Xo. here it Is. "naid him on tne spot. no, thit isu't the sentence. Oh, this U how it reads: 'When he entered I tnougnt he was a stranger, but as soon as n grasped mr hand and lool;ed into my faco 1 saw that it was Hamilton. " "There it is, sir. I thought so. as s oii as the man grasped his hand and looked into his face Low knew that it was Ham ilton, though at first he thought mm a. stranger." . n "Nothing fitrance about that. iony. i co. pie are frequently deceived in the same way. "Hut If It was -Uhler, nnd he W.1S 5UCn ?l man as he is claimed to be. it would have been an easy matter to hypnotize jf0 and make him believe what he wihed. "Why. Tony, you frighten me! Where might we not all be if there is such power atioat as that?" said Mr. Hastings, ashast. "Wa know thrre is Fir I have wen It manifested right here in Grovedale. and if 1 am not mistaken, you were present, too, when Dr. Major exhibited hist influence over the minds of his subjects." "Yes. I recollect, and, bless me: you eni forward, didn't you? "I did. sir. and they told me I made a fool of mvself; went around the audlenc ottering flowers to the ladies, though I had nothing in my hand but my hat. I evea climbed over the seats to offer a roe to a lady in the back seat whom, accoruin to the doctor's statement. I had slighted. "1 recollect it. and how Mrs. rry i T hlnlr it u-na llnn-UCnt dOWn OH til flOOr and through all the motions of swimming when Major told him his broth r had fallen into the water and ne must m - mm. ji was pitiful to see the ioor uoy s anxious expression. though he lookI comical enough scrambling about on th floor as if he were In the water, r. -Major man passes over his subjects." "Yes: but the lat-t thing I recollect was of his holding my hand and looking into my eyes There are different methods, they saw' Now. if Ashley possessed this iwr. it would have been an easy matter, having come into the xosses?lrn of those notes, to hypnotize Low. making him telifve that he wa Hamilton himself." . "Tonv, this is a ttrangc theory of yours, not very probable, but still not to be dismissed without some attention. Clearly, whether Ashley or Hamilton, if po. m, of uch power. Low misht potslbly have been influenced as ou suggest. I wonder if he would be a good subject." Low strikes me. sir. as being an actlv. energetic man, but very tractable. Boldlers and sailors, and those in the habit of strict obedience, are the btst subjects. It is tald." "Well, well, Tony, you must own that this Is all purest conjecture; but if by any strange conjunction of circumstances vour idea should prove to be not without founda. tlon. how did Ashley come ty the notes; why did Hamilton go away with Mrs, Aihley; and where is Hamilton now?" XTa Ü CuntlaueJ To-uorrow f