Indianapolis News, Indianapolis, Marion County, 9 March 1878 — Page 4

THE INDI W.POLIS NEWS: SATURDAY, MARCH 9, 18T8.

AGAIN We hav* marked STIU. LOWER ike **- m&imlor of our MUSLIN UNDERWEAR It Mut U Cloced Out in TE1 IN-

EXTRA BARGAINS!—BIG LOT OF FINE SIR'S,. CHOICE kmwt DBXsan, ■gfiww. 500 Pieces at

Hand-Made Garments all reduced for Ten Days. . 100 Doaen Gents’ Fine White Shirts, 50c. Greatest bargain ever heard of.

L. S. Ayres & Co., 88,85 and 87 W. Washington St.< Indianapolis, Indiana. Bird Cages. ALL KINDS AT THE Fancy Bazaar, 6 East WasAington street. C. Or. BLITS!C3r.

Just Arrived ONE CAR LOAD CHOICE BRAN, ONE CAR BEST WHITE OATS, ONE CAR ST. LOUIS MILLS. All unloading to-day and selling low. W. N. FORD.

Virginia Mixture A MIXTUJRE OP NOBTH CABOUXA, VIRGIXIA AMD PEKIuUE TOBACCOS. 10 Cents Per Package. CHAS. FTMETER, IX NT or tlx Pozazi..

A NEW BOOK, By the Author of KISMET. FOB SALE BX Merrill, Hubbard & Co. 5 EAST WASHINGTON STREET. 5

CUT NEWS.

7 a. m...

Thermometer. •*»- 30°. 11 p. ni‘.*.. #1°

The epritig < arpet shaking has begun in the Circle. The Western Sportsman devotes a column to the noble game of chess. A lent needed stoae crossing has been put on South Illinois street, between Washington and Miry land streets. Prof. W. A. Bell has gone to Rushville today to address the teachers’ institute at that place on the “Relative responsibility of parent and teacher to the child.” Competition in cancer curing is getting brisk on South Illinois street, there being three different establishments within little more than a square ef the onion depot, all of whom warrant cores without the use of the knife. . The tenth semi-annual temperance convention for this congressional district, will meet at Martinsville on the 20th and 21st of this month under the'anspices of the W. C. T. U. AH temperance organizations, bible schools, Y. M. C. A. churches and reform clubs are requested to send delegates. There is no dissention in the ranks of the Indianapolis light infantry nor any proposal to divide the organization into two companies, throwing the best drilled men into one company and the less expert into the other. The company will be divided for drill purposes the first open air drill of the season, to take place this evening.

Killed by an Engine. , John H. Ross, train man at the Union stock yards, met with an awful -death at 6:30 this morning. He was on his way from his home, No. 331 East Georgia street, to the yards, and to gain time he essayed to get on a passing engine when near the Virginia avenue crossing of the Union tracks. He made a miscalculation and feU in front of the engine, rolling under the foot board, which sometimes takes the place of a cowcatcher. The space between tnia.board and the track is only a few inches, not wide enough to admit of the passage of a mans body and m consequence Ross was frightfully crushed. Both legs were broken, and one of them in two places, and his breast was crushed in causing death in a very few minutes. ' The accident was witnessed by several persons, two or three of whom saw the fall and rushed forward to save the man, but failed to reach him in time. The deceased was 32 years of age and leaves a wife and one child. He was a railroad man of many years’ experience, having formerly been freight conductor on the Vincennes railway. At the beginning of business on the Belt road be entered the service of that company and was one of the most efficient men in their employ. He was wide! ly known among railroad men and very popular. He was a half brother to Morris M. Roes of this paper, and was well knowa in this city. The coroner’s jury returned a verdict of death frcAn accident. The funeral will take place to-morrow, as elsewhere announced.

About a Cheek. An attempt was made to pass a crooked $20 check on Prey, a South Illinois street clothier, this morning, by a customer who had purchased a $4 pair of pantaloons. The goods were not allowed to leave the store until en qniry was made at Woolen, Webb A Co.’s bank, on which the check was drawn, where the information was received that the person whose name was attached to the paper did not then have nor ever bad had any account • at that bank. The person who drew the check is a German who has been in the country bat a short time, and can apeak but little English. Mr- Prey does not want to give him anr trouble, and says u It’s all a mistake, besides I ha nothing out."

A MCI riUH CACOUT. Arrest of Maya, ths KmbaaaUng Lafayette Bank Caakler—He gives llaU and Is Re-

leased.

Charles T. Mayo, the embeasling cashier of the Second National bank of Lafayetts, arrived in the city last evening in the custody of Captain Edward A. Abbott of the secret serv ice. On the 28th of February, J. H. Caldwell, prosecuting attorney of Tippecanoe county came before United States Commissioner Bixbrof this city, with Mrs. lielism L. Barbee of Lafayette. The visitors represented that Mayo was in Michigan close to the border of Canada, prepared to skin over the line at a moment's warning and the lady expressed an ardent desire to prosecute him for the embezzlement of the funds of the bank, her son William, one of Mayo’s bondsmen, having been forced to pay $10,000 by rehson of the defalcation. Realizing the force of the old cook book adage, “first catch your hare,” she proceeded through her counsel to file an affidavit charging Mayo with having embezzled $50,000 of the funds of the Second National bank. On this affidavit Bixby caused two warrants to issue. One of these was put into the hands of the marshal of Indiana and the other, directed to the marshal of the eastern district of Michigan, was forwarded to the secret service bureau at Washington. The latter was placed in the hands of Captain Abbott, who repaired at once to Detroit and quietly gobbled Mr. Mayo, who was visiting his sister. Mrs. Barbee did not deem it necessary to go into a minute explanation of the reason she came to Indianapolis to fila information, but quietly allowed the inference to prevail that Mayo had too many friends in Lafayette, and that it would be time and trouble wasted to begin proceedings in that very singular

city.

This morning Mayo was braught before Commissioner Bixby," and through his attorneys, John M. Butler of this city, and Col. Dellart of Lafayette, waived a preliminary examination, giving bond in the sum of $5,000 for his appearance before the United States court. Thomas P. Emerson, his father-in-law, becoming his surety. A News reporter interviewed Mr. Mayo immediately on his release from costodv. The gentleman was quite talkative. He is a little man with furtive shifty eyes that look at everything else except the person with whom he is conversing. He wears a clean cut, neatly trimmed full beard, is not by any means ill-looking, is quick in his movements and self-possessed in manner. He appeared distressed alout the arrest and said that it was a useless piece of business, as he would have come to Lafayette at any time upon the slightest intimation that he was wanted. “Indeed.” said he, “I had made arrangements with several parties to notify me in the event of proceedings being instituted against me. Judge Vinton promised that nothing should be done before apprising me.” Judge Vinton, Mr. Mayo explained, was judge of the circuit court of Lafavette This admission on the part of Mr. Mayo substantiates the suspicion formed by Mr. Caldwell and others interested in his prosecution that he would know what was going on if proceedings were brought in Lafayette. Mr. Mayo further added that every body knew he was in Detroit, and nobodyjof sense dreamed that he intended to flee the country. He was deeply outraged that such a suspicion should have been entertained, and seemed to regard himself in the light of a much persecuted individual. Of Mr. Abbott, the secret service officer, he had no words save of commendation. The arrest was made in a very gentlemanly manner, and he was allowed the largest liberties after arrest, being permitted to sleep at his sister’s house Thursday night, given full liberty in Lafayette yesterday afternoon, aud accorded the privilege of sleeping at the Hotel Bates last

evening.

Toucning his “financial embarrassments,” Mr. Mayo had considerable to say. His troubles are not due, he said, to speculation, but simply to an attempt to carry too much stock in the bank, of which he was cashier. He held $60,000 of the stock acquired in the settlement of his father’s estate. The management of the banlt was left entirely in his hands, ho being virtually cashier, president and directory. The president, did not visit the bank once in two weeks, according to his statement. The narrator went on to state that the worst that could be said against him was that he used the credit of the bank to carry on his own business. This business, he explained,was to loan money to parties the bank did not care to accommodate. Such loans were made on his own responsibility, but with the money of the

l»ank.

The bank is not discounting to-day, but the cashier knows of a man who might accomi odate a friend,” put in the reporter. “ThiA’s about it,” admitted Mr. Mayo coloring up. He endeavored to more clearly define the line dividing a breach of trust from

mply ea to

embezzlement, making one only slightoverstepping the law a little and remark the reporter that a large amount of this outside paper being thrown back on his hands brought things to a crises and caused a suspension of the bank and led to subsequent developments. The bills receivable,'held by him were turned over to the bank and taken in full settlement. Among them were the notes of Breckinridge and Warrick for $5,000; Owen, Ball & uo. for $5,000; Samuel Hill for $5,000; and Levi Warehouse for $15,000. Private property to the amount of $30,000 was also turned over to the bondsmen, Messrs. Emerson and Barbee, to indemnify them. Mr. P. Emerson paid $15,000 on the bond and Mr v Barbee $10,000, the property being equally divided between them. Mr. Mayo attributed hio arrest to Barbee’s failure to induce his father-in-law to pay the entire amount. In conclusion Mr. Mayo spoke of the failure of the Lafayette grand jury to return an indictment against him, as an evjdence of his innocence, and said that no one would lose anything by reason of his irregularities except himself.

POLITICAL. Ur, WUhartf Formally Declines the Coronlal Nomination. The following manly letter was read to the republican county central committee, at its session this afternoon. It needs no explanation further than the statement that u was written several days ago and has been withheld by the doctor, at the solicitation of friends who wished him to remain on the

ticket

Ini>iak APOI.TS, Xml , March 4, 1878. To the Republican central committee of Marlon

county:

Gentlemen—I feel it to be my duty to dec 11 m the nomination for coroner so generously tendered me by the republican county convention held Saturday last. Permit me to briefly gtre you some uf my reasons for so doing. I was not s candidate for coroner before the pople. but for auditor. In making the canvass for auditor I earnestly urged my friends and the friends of the other aspirants for the genae office, to send to the convention from every ward and township men who would represent the wishes of n majority of the voters of their respective districts, for It would be a gross violation of the righu of the people to disregard the great cardinal principle that underlies our republican institutions, via., the right of the majority to rule. Having made the canvass for auditor on that broad and just platform, and

having been defeated before the convention, it hav-

ing selected one whom it thought mor be the standard bearer in the comin

m, ttti

worthy to g campaign,

esce in its decision, others to have done

then it was my duty to acquit just as I should have expected

If I had been the snccesaful aspirant. There was

eorthe

not

from oner.

delegate In the convention sent there the people to vote for me for The matter was sprung upon

those gentlemen who had made the can rasa for

iffioe? N<

it regard tor, and would hare wilUnglr supported hatf he received the nomination. 1 hold

that oi kindest

isde the can vass for

lot one of whom but that 1 had the

uld hai

that men should tie as fair, honest, just and generous in political as in private li'e. And holding these views as a part of my political ersed, I fed that true manhood and self-respect, and respect for the rights of others, compel me to decline the nomination. I appeal to the generous judgment of all just men of every political jhade as to the cor-

anlinees of my course. Very respectfully yours, William H. Wishabd.

Hospital for the Insane. The annual report of the Indiana hospital for the insane managed to escape from the governor’s office yestsrday, where it has been detained since last November, and late in the afternoon crawled into the office of the secretary of state. The fallowing figures have been secured from among the thumb-marks: Number of patients remaining November 1, 1876, men 300. women 300—totsl 600; ad-_ mitted during the year, men 258, women 219;* discharged and dead men 246, women 217; remaining October 31, 1877, men 312, women 302—total 614. The resources of the year were as follows: On hand November 1, 1876, $56;419.41; seven months’ appropriation, $75,000; clothing, account to April 1, 1867, $17,227.35, total $148,641.66, all of which was expended with the exception of $765.86. The aggregate value of productions from the farm was $3,635.25, of which there was a net profit of $1,235.25. The incidental fund had on hand October 31, 1876, $2,620.82; balances received from superintendent $2,035.37; received from sales of hides, tallow, etc., $6,143.94; total $10,800.13; expanded from same fund, $11,2•0.67; leaving $400.54 due the steward, The percentage of recovery of the number of patients treated during the year was 20.89. For the 29 years the institution has been running the percentage 49.90; the total number treated being 7,178. The I. • Bt. L. Office. The office to be opened by the I. A St. L. road near the Spencer house, on South Illi■ois street, is not to be a ticket office, but the headquarters of J. 8. Lazarus, the recently appointed general eastern passenger agent, who will locate at this point, the road never having had any representative here in the passenger line. The union depot office wiU attend to the ticket business as hitherto, while Mr. Lazarus will pay attention to the passenger interests of the road, which will be on an equal footing with other roads from this point to the west.

Grace Episcopal Church. Bishop Talbott has made arrangements to keep Grace Episcopal Church, ope a. Rev. Charles A. Cary, of Mississippi, will officiate to-morrow, and the pulpit will be fiHed each Sunday hereafter. The bishop has purchased the property to relieve the vestry, and intends to establish a church school In connection with the parish.

Amusements. THE MINSTRSLS. The verdict of the large audience at the Grand Opera house last night, on the performance of Billy Emerson s minstrels, can be stated in five words: “The best that ever was.” It is all that was promised and more. The “biff 4” were the greatest attraction of -the evening, but all the other features were first class. To-night ends their engagement. If they ever come back again they would do well to lease the ball park to accommodate all comers. MAUPB GRUBBS. Late arrivals at Meridian street church, last night, met scores coming away unable to gain admittance. The performance merited the audience it drew. The musical part of the entertainment was sustained bv Miss Clara Reinmann, Mrs. Spades, Miss Josie Landis piano), Mr. Ora Pearson and Mr. Spades violin), and it was of course very excellent, and was received with great favor and applause. Mrs. Colemftn Pope recited in her usually correct and impressive manner, Dicken’s “Child’s dream of a star.” Miss Maude Grubbs is a little lady scarcely more than a child, of unusual promise. ‘She has a beauty of her^wn which is more in expression than form, and a native grace which need but little cultivation. If she is not spoiled she will become famous before she is twenty. COMltKl KVENT8. On Monday evening Shook A Palmer’s great Union Square company will open at the Grand Opera house in “A Celebrated Case;” which rivals the two orphans in beauty and dramatic interest. It will doubtless be one of the finest theatrical events of the season. On Tuesday evening Hermann Linde, the great Shakesperean reader will recite Julius LVsar from memory at Masonic hall. MTs. Mary A. Livermore will lecture on “The comingman”at the Third Presbyterian church on Monday evening next. This is said to be the best lecture this earnest and talented la^iias'produced. Prof. Rearden will give a series of art exhibitions in this city,, beginning next week. The first of the series will be held at Central avenue tabernacle on the evenings of Monday, Wednesday and Friday. The entertainments are well recommended.

Dr. Andrus's Lecture. Rev. Dr. Andrus, pastor of the Central avenue tabernacle, lectured last night at Fletcher Place M. E. church, on “The ideal woman.” The first part of the lecture was devoted to a consideration of what society claims as ndeessary traits, and qualifications in female character. Good looks and personal attractiveness were not to be underestimated. There is nothing comes nearer fanaticism than condemnation of piste* in dress. Woman is unable to stand in defiance of social manners. One may as well be out of the world as out of the fashion. She is held to an observance of the manners.and customs of society more inflexibly than man, and she shows" herself wise by gracefully yielding toils requirements: Woman must know something of the.popular American poets to be appreciated. I wish I could add as a requirement an acquaintance with some of the older English poets, who have lived so long that they gave assurance of living many years more, ^hakespeare is not read half as much as formerly, and John Bunyan has passed out of knowledge of the young women bf to-day. Hundreds of them know Dickens from" beginning to end who have not read five pages of John Bunyan, when Bunyan is worth 40,000 Dickenses. The ideal woman must have thought and judgment and be able to act for herself. She must be a good housekeeper. Good dinners and a well kept house are big items in th« world's affairs. Men have a weakness for that sort of thing. Let woman also set herself against Demorest and Butterick. She may dress well without becoming the slave of the professional fashionmonger. He concluded by urging as requisites of female character more self-sacrificing charity, more heart and more earnest devoted

piety.

Newsboys ami Bootblacks. The newsboys and bootblacks met at the rooms af the Y. M. C, A. hall last night and took the initial stejis in the reorganization, of the newsboys’ and bootblacks' association. About 30 boys were in attendance, Frank Burns being’clected as chairman. The initiation fee was fixed at 20 cents and dues at 10 cents a month. Alexander Wilson, Jesse

Garland and Henry Furgason were appointed a committee to draft bv-laws. Tlte next meeting will be held on Wednesday evening, March 13th, at which time the organization will elect officers. It is contemplated to giBte an exhibition at an early day, the proceeds to go to procuring uniforms for the members.

School Matters. The school board held a short and particularly important session last night. The committee on buildings and grounds asked aud was granted further time to select a location for the proposed new school building"in the extreme east end near the Washington street line. Pleasant Bond’s resignation as a teacher was announced. A note from Samuel Miller, the most recent owner of the Sentinel building, announcing that he had ordered the removal of the offending restaurant on the first floor, was received. Several complaints in regard to Brown’s too ponderous grammar course were referred to the proper committee.

The National pump manufacturing company, with a capital stock of $300,00Q, filed articles of association with the secretary of state yesterday afternoon. The directory of the company which proposes to establish works in the city, is composed of H. M. Wyeth, Charles A. White, J. T. Cox, H. B. Kendal, H. Wray, Nathan Doan, J. C. Day, J. P. Woodward and W. E. Mick.

Letter from the Old Poet.

[Correspndenoe o( The Indianapolis News.]

Vincimhs, March 8, 1878.

Vincennes furnishes a rich lead to the seeker of Hoosier antiquities. Here are still vestiges of the early French settlement, here the old mansion of Genen' ~

Id mansion oi General Harrison,

firi-t territorial governor, it being the first brick dwelling built in Indiana, and here the traditions of Indian diplomacy and war. It

is now a good town of high social standing, progressive in education beyond the average, and really more promising as a business point than most other towns of it* size. I am told* on good authority that real estate commands twenty-five per ceht. better prices than one year ago, a fact that cau hardly be duplicated elsewhere. Educational affairs have a staunch leader and friend in Dr. Patton, president of the school board, and the public schools are first-claw. The high school has now 190 members, all pursuing the higher branches of study. Dr. Patton is also a trustee of the Vincennes university, which is a good school, managed by Prof. Prugh. This institution, once the Indiana universitv, owns a good property in real estate and has $44,000 cash funds on interest at 10 per cent. A fine new building will be erected immediately this season, and then the institution will be heard from. I find here one of the best reading rooms of the Y. M. C. A., in which religious services are held daily antf the place seems to meet its design more fully ana usefully than I have observed anywhere else. ■ Mi

to the Sun, Times and Reporter, all good newspapers; the Sun, a weeklv and semiweekly, will make this a well and handsomely papered town. The Murphy movement is under good headway just now, adding to the organization about 100 new members each night. There is a noble society of the ladies here, actively aiding this work; among whom, Mrs. W. M. Denny, wife of the postmaster ; Col. Denny is a bold worker and an able speaker in public. Mrs. Bebarrell, Mrs. Nabb, Miss Pollock, Miss Branham and many other are conspicuously zealous and efficient in this temperance work. Local politics are made lively by a faithful and large army of democratic candidates. Qthsr parties have no show. The democratic nominations will be made in primary elections on the first Monday of Apnl, when township elections are held. The Grand hotel, lately opened by the Cox brothers, formerly of the La Plante house, is a grand success. Of the comfort, cleanliness, courtesies and general excellencies of this new and fine house, too much in praise can not be said. It is the great attraction of the city for all men who “follow the road,” aud the traveling public. H. Supreme Court. The following are abstracts of the decisions made March 8:

PLEADING.

Lucinda Saunders, administratrix of Beniamin Saunders, deceased, vs Cornelius Lay—Hendricks Lay. Hendricks C. C. Reversed; Biddle, C. J. buit against Lay to recover money which he had received and appropriated to his own -use, but which belonged to the estate of Benjamin baunders. Judgment on demurrer in favor of Lay be-

.low.

* The third paragraph of the answer purported to answer the whole complaint, but in fact answered only a part of it. Held bad for this reason. The sixth paragraph of answer avers that a final settlement of the estate was made and confirmed by the court, and that this suit was not commenced within three years after said settlement was so

y<

made and confirmed.

Held, On demurrer, that this paragraph was

good

n.J\l ■ •

The third paragraph of the reply to the sixth paragraph of the answer avers that Lay concealed the fraud until one month before the commence-

ment of the action.

Held, That this was a good reply, and the cot irred in sustaining a demurrer to it. Theouul

err< ble

Kg i

doctrine that the statute

per i of 1

eoqo

nitatiou does

versed.

JURISDICTION.

James Mayors. Marcus Dooley; Parke C. C. Reversed. Niblack J. Where a suit Is instituied before a justice af the peace on a claim beyond his jurisdiction, and the justice renders judgment apon it for plaintilf, and on appeal to the circuit court judgment is again rendered for the plaintiff. Held, That, as the justice had no jurisdiction of thecauseon account of the amount involved, the circuit court acquired no jurisdiction, aud the cause should have been dismissed. Judgment reversed. PRACTICE—STATUTE OP LIMITATION. Allen 8. Anderson, administrator, etc.’, vs* James M. Mitchell etal. Morgan C. C. Appeal dismissed. Howk. J. In this case the judgment was rendered on the 8th day of March, 1872, but the clerk of the court

then m nieut.

, .u,*, uu. me uei* oi mo court

then made no written entry of recced of the judgment. Afterwards, on the 7th day of September, 1875, the following entry waa made In the cause: “Come the parties by their attorneys, and on

motion aud by agreement of the parties, it la ordered by the court that the following entry of judgment in said cause, be made at this timo as of the date of March 8, 1872, that being the time when said judgment should have been, and was intended aud understood by the court aud parties to

have been entered.”

Then followed the entry of the judgment which the court had “rendered” three years and six months before, but which the clerk had failed to

make any entry of.

ny entry t

Held, That the failure of the clerk to ei judgment in the judgment deckel at the was rendered can not extend the time within which to appeal, and the record itself In this cause shows very conclusively that the appeal was not taken within three years from the time the judgment was rendered. (28Qd.,416; 31 Cal., 20i;32CaL,

159.)

Appeal dismissed.

• MARRIED WOMEN—ESTOPPEL—EVIDENCE. Margaret Behler et al. vs. George Wayburn. Elk-

hart C. C. Reversed. Worden, J. .

Action to recover certain real estate by Margaret, wife of Peter Behler. Issue, trial by jury, verdict and judgment for defendant. The court gave to

the jrfry the following instruction:

“If you find that the plaintilf knew that the strip of land in dispute belonged to her, and she also knew that the defendant was ignorant of nis

clerk to enter the

timo it

the

right or title to the same, and that she stood by and knew that the defendant was erecting valuable improvements upon said promises in good faith aud under the belief that the same belonged to him, and she did not disclose her claims to him, then she is estopped now to claim the land, although she

was a married woman at the time.”

Held. That fn view of some statutory provisions this was erroneous. (IRS 1876, 363, sec 6, and same 55*, sec 5.) This latter section contains the following provision: ‘‘Provided, that such wife shall have no power to encumber or convey such lands, except by deed, in such her husband shall

join.”

Held, That a married woman can not convey by estoppel what she can not convey by deed. On the trial of the cause the defendant offered in evidence a written instrument executed by Behler and his wife and Joseph H. Defrees, the latter of whom then owned the north third of lot 133, by which Behler and wife granted or let to Detrees seven inches off a part of the north side of the middle third of said lot 138, to l>e used for a party wall. The plaintiff objected to the introduction of this instrument in evidence on the ground, amongst others, that it was irrelevant, incompetent and immaterial. but the court overruled the objection aud

admitted it in evidence

Held, That the court erred In admitting the written article in evidence. The defendant was no

illM

t wa that

patty to the instrument executed between plaintiff and Defrees, aud could not be bound b nor do we see hofr he could take any advan

of it.

Judgment reversed. ACTION OP AGENT OI TSIDB OF HIS POWER VOID. Henry Drover vs. 8. Carey Evans et ah Huntington C. C. Reversed. Perkins, J.

Tenry Dro on to the company,

tion that the depot and machine shops of the road were located anil built at Ft. Wayne. Drover replied:

Huntington, Ind , March 10,1869.

Messrs. Evans aud Prentiss:

Gentlemen—In reply to your favor, would sty that you fin i me at present very much embarrassed as to financial matters, having started a spoke and bending factory, involving myself more than expectid However, I will try and raise vou Snwbv the time needed, and you may set me down for that amount, provided you get the improvemeut you

speak of. Yours, with respect,

Henry Drover.

Under that letter Carey made the subscription of $400, in consideration that said company locate the depot and such “machine shops as may be required by them at Fort Wayne, on the north aide

of St. Mary street.”

Held, That the subscription was not authorized by the letter of Drover, and that he was not liable

upon it.

Judgment reversed.

UN N ECE8HAB Y RELATOR—BURFLUSSApK—CONFES-

SION OF ERRORS.

Joseph Black and David Harris vs. the state of Indiana. Madison C. C. Reversed. Perkins, J. Suit by the state on the relation of Augustus S. McAllister, prosecuting attorney, etc., on a forfeited progeniture. The demurrer to the complaint for want of • proper party-plaintiff and for want of facts was overruled. Answer, general denial.

tent for plaintiff It la claimed that have been brought by the state

without a relator. The relator's name may be

Trial, iudi

the suit

lament should

SPRING OPENING. If Mm. day com pl< MltellK Which la announced for Monday’ the 11th in•font. In addition to their usual exhibit of the spring styles, both as to out and kind of goods that are to be worn, they will also make it a feature of this opening to show what the stringency of the times and their increased facilities in the business have done v to reduce prices. The display will be one of unusual attraction in every way. Adams, Mansur A Co. sent out Marcb 7 the largest day's shipping ever done by them. - w — Auction sale of central retidbnee property, May 20th. •After the absence of several months, on account of ill health, Dr. J. E. Cravens, dentist, has returned to Indianapolis, and has resumed practice at No. 106 N. Meridian st. usua 7

LOCAL ITEMS.

To get the best soaps. To get the best oils, To get the best drugs. To get the best brushes, To get the best combs. To get the best prescriptions, Go to Browning A Sloan’s.

ssj

Milt Poudrr's place is scrupulously neat. And just the place to buy your butcher’s meat. A painted bullock’s bead outside tha door

; lamb;

Points us unarringly to Ponder’s store, Where he himself with satisfaction points To more than fifty splendid, juicy joints, In mutton, beef and veal, and best spring All kinds of saasmte and best sugared bam, For roasts or stews or fries or boils or bakes; Best roasting beef and tender, juicy steaks. Milton Pouder’s first-class butcher store

Is Washington, East—two hundred thirty-four.

Fresh eggs only 10 cents per dozen, at Geo. J. Hammers. v o

Real shell combs, eellnlold, rubber, horn, onyx, and roll plate jewelry, constantly on hand at Chas. Mayer A Co.’s.

Bird cages, feather dusters and hampers at Chas. Mayer A Co.’S. Bfst sugar cured hams, 10 cents per lb., at Geo. J. Hammers. v o

Pi'rim Masquerade, Wednesday evening, MarcK 20, 1878. Tickets for above are now ready, and can only be had of Leon Kahn, 20 E, Wash. st. H. Bamberger, 16 E. Wash. st. s uo Sol Mossle^, 47 E. Wash st.

Mail service overalls at Stont’s 76 E.Wash.sL tez

Children’s carriages, the latest styles and prices, very low, at Chas. Mayer A Co.’s. Elmer Cady, 42 No. th 111. st., is just in receipt of the new English toe, the handsomest shoe out, n n

Fora lbs dried apples for 25 cents, at Geo. J. Ham-

. mel's.

Majolica and- antique stoneware at Chas. Mayor A ■ • - Dr. C. W. Benson’s Celery and Chamomile Pills

case. Price 56 cents, postage free. Sold by druggists. Manufact’d st 106 N. Eutaw st., Balt.. Md. ue tu,th,s • * . Premature Loss op the Haib, which Is so common nowadays, may be entirely prevented by tlte use of Burnett’s Coooalne. It has been used in thousands of cases where the hair waa coming, out

thousands ot cases where the hair was coming, out in handsful, and has never failed to arrest its decay and to promote a healthy and vigordua growth. It is at the same time unrivalled as a dressing for the hair. A single application will render It soft and glossy for several days. (1)

We HMcbes. RECEIVED, lO O ASTESJS KEMP, DAY & CO.’S White Heath Peaches, PRICE, 85c; $4.00 Doz. SO Gstisest McMURRY'S WHITE HEATH PEACHES, Price, 40c; $4.75 Doz.

H. H. LEE.

MONEY To Loan on-First Mortgage. JOS. A. MOORE, 84 EAST MARKET ST.

Mr. W00DBRIDGE, of the Millinery House, 10 East Washington street, is in the East, and invoices of his late purchases are already arriving. LADIES who make selections without seeing our stock will miss something. W00DBRIDGE & PIERSON.

IN A FEW DAY'S

WE WILL OPEN OUB

struck out as surpluimage. [24 Ind.. 288.[ It Is claimed that the indictment and recognizance were Invalid, and, hence, Improperly admitted in evidence. The recognizance was valid. It could hardly be otherwise under section 90. 2. R. 8. 1876, 31), touching defective bonds, etc. We

see no objection to the Indictment.

Upon the appellee's can fearing that the court erred in overruling appellant’s motion far a new

trial Uie judgment la reversed.

Judgment reversed.

Joseph D. Sidlner vs. Thomas May. Bartholomew C. C. Dlsmiaaed under rule 14.

New Tea Store, No. 97 E. Washington St. Witlk m fine and complete stock of TEAS, COFFEES, SHUARS, SPICES t CANNED FRUITS, Domestle and European; FANCY GROCERIES. These goods are flrst-elass, and we offer them at LOW PRICES. SCHMIDT &DCENGES, 465 S. Meridian &L

ALDEN Dried Fruits PEACHES, APPLES, ■Dim 13 AQ'D'OTP'D'DTTi'Sl ■rt a rnr x? a crDniro'BnFQ iDJULCAL/iS. JlWssC#Jl JpiaI|aaJswJLJT-lCjf CALIFORNIA APRICOTS, hat nrnpwra prAmran * v/aa iwili Jr vyXVDl XJSL MT EijnXJlJLEiO) PITTED CHERRIES. ’ Also, the California CANNED FRUITS. • a H. SCHWINGE, 31 N. Pennsylvania St and 259 Massachusetts A vs.

Iral Agency. R. G. Dun & Co., 88 South Meridian Street. CONDIT-P STONE BLOCK. A. a TROWBRIDGE, Manager.

WHAT IS THE USE OF ALWAYS WETTING About “hard limes?” Thtngi are not half as bad aa we make out. Try to make matters pleasant: be cheerful. Buy your Perfumes, Pills, Soaps and Medicines at PERRY’S, Opp. P. O., And you’ll be happy.

EVERT DAT AT NOOK. Central Bakery, Cor. mam. Ave. and Delaware 8«. •W Parties and Weddings supplied with Cakes and Ice Cream on short notice.

STEWART Paper Company, BROOKVTT.LE, IND. Fine Book, Newspapers. The Indianapolis Dally and Week!/ News la printed on paper manufactured by this company.

R. R. MILES, Merchant Tailor, NOW OPEN, 32 North Pennsylvania street. New York Styles and Prices duplicated.

GOOD SWEET BREAD AND

— A Vienna Bakery, 75 Massachusetts Ave. Fine Cakes and first-class Ice Cream a specialty.

Iron Fronts, FJEICTOIEIS, GATES, VERANDAHS AND EVERT FORM OF ORNAMENTAL IRON WORK. HAUGH & CO., OFFICE—»4 South Pennsylvania st.

The Best Work And most life-like Photographs are those gotten upby HARRY FOWLER, 24j< East Washington ft

DAWES & McGETTIGAN, Dealers In and Manufacturers of OXXjS, COAL MINE and R. It. SUPPLIES, 67 W. Maryland st., Indianapolis, Ind. 1

Y0HN BROS., Booksellers,

Anne Louise Carey—35 cents each; 3 for $1. ? 11 and 13 North Meridian sL

HEWAHTm HI GrTZIJL.A.TSri^ GEM TOBACCO WORKS, No. 44 West Washington Street

The Franklin LIFE INSURANCE CO. QF INDIANAPOLIS, IND. THEONLY HOME COMPANY

ra thi nan.

SECURE! MUTUAL! LIBERAL! It/beri friends are among the principal burinem men of Indianapolis—men who know It beat. Its

funds loaned only to policy haldars. Admitted Assets

•377,073.8* i; A. G. Petti-

wm, t jc . v. ... j, ^ecretary; Boggs, Treasurer; Wm. E. Harvey, Acteary.

D. Lynch, Fn

bone, Vkst Prealdent; L. G. Hay, Secretary; Fred.

Medical Adviasm-F. & Newomaar, M. D. j J. H.

Woodbant, M. D.

General Office tn Company's Building, oornst Ksatachy avanao and Dllaria street. to f

SAMUEL BECK A SON, Gus, Pistols and Sporting Goods.

54 Brnth Meridian St.

“WHEN?” m A FEW DAYS. “WHAT?” The Latest Spring Styles. “iifucDm WnSilHEi

AT THE

WEEK Clothing Stores, 5 and 6 Bates Block and 10 West Washington St

INSURE Uf THE HOME OF NEW YORK. M. K_ BARNARD A CO., Ageota.

$8.50

H ill boy • barrel ofUibnon’s Mow Process Flour. W«r guarantee 1$ in every respect to be tlte BEST FLOUR offered In ibis market. Consumers, leave. year orders aitlt as andsave fromoaetotwo profits. 69 K. Illinois, tu.tb.a NOEL BROS., Sole Agents. Mistrial in ScM, No. 265 N. Tennessee St Mrs. C. B. INGRAHAM. The course of instruction includes Free Hand and Perspective Drawing, Landscape and Portrait Painting in Oil and Water Colore. PasteUe and Ceramics. (f)tu T*

WHY NOT Buy your SILK HATS at the INDIANAPOLIS HAT FACTORY? Best Silk Hats, $5, formerly $7; next quality $4, formerly $6; next quality $3, formerly $5. Hats made to order and warranted to fit. Hats blocked while you wait. Cleaning and Coloring Soft Hats. SPRlMd STYLES MOW BEADY. No. 65 South Moridian street. JOHN RYDER, T PnAcncAX. Hattkr.

LOOK! Shirts 50c, 75c and $1. Warranted 2100 Linen, New York Mllla Muslin. A GOOD LINEN-LINED COLLAR, Sixes 12 to.18, at 6 cents per box.v IGT TROY LAUNDRY AGENCY, 76 East Washington street. 3 - D. E. STOUT.

Wm. Henderson, ATTORNEY AT LAW. . Office In AStna Building, INDIANAPOLIS, IND., will practice la the Federal and State Court, at Indianapolis. Refer to bnrineaa men of Indianapolia generally. ,

JOHN KNIGHT. 110 & 112 S. Delaware St Wronffilatfirmn Pipe. Iron mud Bra.ee Fitting* for Water, Steam aadCiM. Steam Fitting in all its hraadam promptly attended to. Pipe cut to order and fitted with valve cocks, «Ut. REPAIRING ■elicited.

EGAN & TREAT, THE m A IT OT? Q JL jtLlJ-j UxviO. Stylish Business Suits from $10 to $35.

C. ZIMMERMAN, President.

H. A. M00RK, Secretary and Traas.

INDIANAPOLIS Iron Works, Corner St. Clair St. and Canal. Manufacturers of best quality of Air Furnace Malleable Castings, and also of Gray Iron. School Furniture and Agricultural Work a specialty.

8. DAVIS, Tinner, No. 681 North Illinois Street. Job Work and Repairing promptly attended to.

JEST RECEIVED A lot of VERMONT MAPLE SYRUP,

LOW DOWN. LEE & SHEETS, 78 tn ta

SHIRTS

90c.

EXTRA BARGAINS.

90c.

Three-Ply Linen Bosoms, Three-Ply Neck 1 and finished complete. SHIRTS MADE TO ORDI WALLACE SO NORTH PENNSYLVANIA ST.

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