Indianapolis News, Indianapolis, Marion County, 18 May 1882 — Page 3

THE INDIANAPOLIS NEWS: THURSDAY, MAY 18.1882.

WE RETAIL at Wholesale Prices all kinds of Ltnen Handkerchief^ all kinds of Linen Collars and Cliffs, also Prints, Percales and Lawns, Shirtings, Bedquilts and Domestics. M. H. Spades, BOSTON STORK

Hew Gloves. ‘-B*Yiih*rdt" Undremed Kid. B’fcck, "Mode*.” “OllTe*,” Tab. Ejrn, Brown and White, nude to our order, elegant and cheap. Tucker’s Glove Depot, 10 BAST WASHINGTON ST. Orders hjr mall not ntUfactory can be returned. HjXLUS VEGETABLE SICILIAN HAIR ’ RJENEWER

la a arlratiflr combination of some of the moat powerful remora tire asenta In the rege table kingdom. It reatorea gray hair to Ita original color. It makes the scalp white and clean. It curea dandruff and humora, and falling oat of the hair. It fnrnishea the nutritive principle by which the hair is nourished and supported. It makes the hair molat, soft and gloasy, and la utsurpassed as a hair dressing. It is the most economical preparation aver offered to the public, as Us effects remain a long time, making only an occasional application necemary. It is recommended and used by eminent medical men, and officially Indorsed by the State Asaayer of Massachusetts. The popularity of Hall’s Hair Benewer has increased with the test ol many years, both in this country and in forign lands, and it is now known and used in all civilised countries of the world. 1» For late by all dealers.

0U1B8 1HE WORST Blood Disease IN ANT STAGS.

CATARRH, ECZEMA,

OLD BOKESr^

PIMPLES,

BOILS or any BRIN DISEASE.

s s

Cares When All (Other Bemedlee FaO. pon

$1,000 Raw* an will be paid to any Chemist Who will find, <j>n analydsof 100 bottleaof 9.8.8,, one particle ol Mercury, Iodide Potassium, or ..any other mineral substance. I TO THE SKEPTICAL, If yon doubt, omne to see ua, and we will cubs you or charge nothing. Write for particulars and a copy of the little book. Ask any prominent Druggist as to I our standing. Swift Specific Co., I Sold by all draggiata. Atlanta, Qa I Price, small slse,$l; large, S1.7&. (1)

Freezers

500 for Sa'e at $2 Each.

ffvery one warranted to give satisfaction •r money refunded.

■Wheeler Variety Co. 64 Worth llitoois Stmts Lumber. Hew la the Urns to buy LBMBKR, LATH and SHINOUM before furtiwr advance. Large stock of DBYLTJMBK& on baud. Wemike a specialty of sixteen and eighteen Utah clear shingles and long and heavy Timber. C. 0. FOSTER & CKX

Boner Pint sad L, 0. A L. 1. B.

THE ■KBCAHTHJt AtfEHCI. JLL.80AKLRT, I B. S. DTJN A0N W ■anamb, | nonmnoHi

No. • ■lackford’s Blook.

fbaolisst, Mm best, the tmosi progremlvs and themust reliable establishment of the kind Is the world, having over M branch offloos fnlij equipped and In good running order, or three tc oaa osam than any etimr sgsnqy haaaiaotaally Uve offices. Per over i3 years we have emoyed

t tor honesty, retiafiLty we have unlimited re-

luefngonr burl ness tnoeoaful

CITY NEWS. Emil Martin is off for a visit to Ger-

many.

Eddie Craae, the Nebrsaka boy, has bee*

claimed by his father.

The Center township schools will close

the spring term on to-mo new.

The Bain Zouaves, of 8t Liuis, hare egtered for (be iater-etate militia eonteet Judge Howe has divorced Mrs. Reaie Brooks from George C. Brooks, on proof of

failure to provide.

Mrs. India C. Harris has withdrawn from her candidacy for school commissioner la

the eleventh district.

M. Sytoa, of Boeedale, a small-pox convalesceat, stampeded the frequenters of the police station last night by applying

for shelter.

Who shall aay that the age doesn't grow better, when a tramp on the soath side yesterday begged for "old newspapers to read?*’ It is a fact, and he got'em. Absalom Thomas, of Madison, arrested for violating the pension law, has been brought to the city and oommitted. John G. Beering, same place, also indicted, gave

bond.

Wm H. Cromriae, a C., H. and L brakesman, has filed suit against the C., H. and I>. railway employes’ mutual benefit association, to reader $500 om an accident policy. Dr. W. H. D. Haner, the genial editor of the Lawrenceburg Register, is in the city attending the meeting of the democratic state central committee, of which he is a member. George Bash and James Turner, arrested for the Whites town robbery, had an examination before the mayor, yesterday afternoon, and were oommitted for grand jury action. J. H. Fenton, a commercial traveler, reports that while purchasing a ticket at the Union depot, yesterday, a thief escaped with his pocketbook, containing |50, valuable papers aad railway passes. The Vincennes road has finally completed its culvert in the bed of the bayou under its bridge, and filled iu solidly round the pile work, so that what for a dozen years was a bridge is now a bank. The street commissioner, while paying no attention to anonymous complaints, will look after street repairs at once, if the citizen sending notice of same will give hia own name and address as evidence of good

faith.

The fioor of the cemetery bridge ia undergoing repairs again. This time the sills nave been fofind so cut up by the nails of former floor repairs <hat new sills have been laid beside them and nailed to them

to fasten the new flooring on.

A delegation of First ward republicans called upon John T. Pressley, last night, with a request that he accept the chairmanship of the republican county central committee. Mr. Pressley is coyly averse, but the probabilities are that he will accept. Although the river is still high and muddy, fishermen were thick yesterday, with long lines tied to stakes in the bank, weighted with stones a few feet below a pair of hooks, and thrown a hundred feet out into the muddy current "rolling

rapidly." *

Frog fishing would not seem to be a very remunerative engagement close to a considerable city, but the reporter yesterday encountered a group of a half dozen boys with a “catch” of frogs that would fill a peck measure. They were mostly picked

up along the old bayou.

The Marion County Medical society, last evening, resumed the discussion or proprietory medicineu, and a resolution was introduced by Dr. Eastman discouraging the use of the same, and encouraging legitimate pharmacy. The resolution was referred, and further discusaion was post-

poned for six months.

A southside gentleman who saved his peaches from the frost, says he has never seen so large a number of twin and triplicate peaches before in his life. He thinks that one-fifth of all are doublets, two grown perfectly together, yet distinctly two, with ;wo seeds, and occasionally there are three grown “solid." Nature has her compensations. If she won't give many peaches she

will make them very odd ones. The Methodist Semi-Centennial.

Tbo committee of arrangements for the semi-centennial celebration of Indiana Methodism met yesterday afternoon, and postponed the proposed convention from June 27, as heretofore announced, to October 17, the exact date of the first session of the Indiana conference at New Albany, in 18J2, when the convention will be held at the Meridian street church. The committee also expressed itself in favor of prohibition, and submitting the prohibition amendment

to the people.

The Female Classical Sehoo 1

The principal asiistant in the Classical School for girls to be opened in the fall, will be Miss Susan S. Dennison, of Portland, Maine. The selection has been made with great care, after extensive correspondence, having in view the special requirements of the work. Miss Dennison was recommended for the position by Superintendent Hill, of Harvard college, by Mr. Arthur Gilman, secretary of the Harvard “Annex,” and by Professors White, Dyer and Grosswell, of Harvard, under whom ahe has been making a special study of the classics. Miss Dennison has also had three years’ experience in teach-

ing.

The Triennial Knight Templar Conclave. A circular baa been issued by the triennial committee of California grand com, ntAndery relative to tha trianaial conclave of Knights Templar which will be held in Sen Fraaoieco in August, 1883. The circular states the railroad rate will be one fare for the round trip on all railroads and that visitors can select their route. In order to prevent an overcrowding of the railroads, lay-over tickets, good for three months, will be iasned on sad after July 15 and extending into October. The grand parade will take place August 20, ana the conclave will open the next day. The same evening a promenade conoert and hall will be given in the Meehaaioa indas-

nng

»e giv

exposition

drill will take place August 25.

trial ej

ion and the competitive prize

Y. M. C. A. College Convention. Theo, P. Haughey, W. C. Smith, Ebenezer Sharpe, Chartea Haynes, Samuel Merrill, W. C. DePauw, J. P. D. John, J. K. Jamison, J. W. Cromwell, H. W. Johneon, Lewis Falley, W. W. Byers, W. F. Neebit and Jacob Norris, the state execu-

Notice of Copartnership. «

nonneing the meeting of the Young Men’s Christian associations of the educational institutions of Indiana in convention in the Second Presbyterian chnrch in this city, Thursday, May 2fi, at 7:30 p. m. An address of welcome wiit be delivered by E. W. Halford, which will be followed by a response from President Fisher, of Hanover college, and an address on “The genealogy of Christian influence ns illnatrated in college life," by President Tuttle, of Wabash; brief reports from the associations and eoaga by the atndenta. The forenoon session Saturday will ba held in Y. )L C. A. building, the afternoon session at Butler university and the evening eeesion at the Second Presbyterian chnrch, where addressee will be delivered by President Everest, of Butler University, Professor Gobin, of Asbury University, and L. D. WJshard, college secretary of tha international Y. M. C. A. executive committee. Sunday morning and afternoon aervioea will be held in Meridian street Methodist church, and a farewell meeting in the evening at ike First Baptist Delegates

a nil itu a an unnn an ^ visiting brethren, who will attend, are

MHIHIHB

and persons from institutions where there are no associations will be provided with entertainment Prrofeasors and etadents of

The nndenfgned, doing business as L. C. Hop ktns A Co. and Bennett, Moore A Co.. h*ve formed a copartnership, to be conducted under the Ann style ot L. C. Hopkins A Co., (dr the purpose ot transacting a brokerage badness tn Stocks, Grain, Provisions and Investment decurities. M. H. BENNETT,

A. T. MGORE. K. F. MORE. L. 0. HOPKINS.

BOTTCK.

Messrs. Bennett Moore A Co will, as hereto fore, continue thetr separate and distinct business of receiving and shipping Grain. ui o

J. E. HARYJX,

WHOLESALE MAIUPACTU1EE OF

EiMsn Tablns,

S3 B Eestk Bt, ladiaaepolis lad.

tu,th,s

nTwRrvmi

Earlham sad Franklin coll

Udoca aad Mitchell aorn Spioelaad academy are cordially

penally invited to be present

loollegeo, Valparaiso, normal schools, aad re cordially aad es-

THE BHELBYVILLK PLATFORM. Who Draw It Cp—Who Approved it aad Why It Represents Democratic Sentiment. There has been considerable guessing relative to the anthorship of the platform adopted by the Shelbyrtlle convention, which gave Will E. English the democratic pominatioa for congress ia this district. The facts in the ease are these: Hon. Wit-

he took it to Hon. Thomas A. Hendricks when it was again carefully reviewed by both gentlemen, and, after a few verbs! changes, was apf roved by Mr. Hendricks. It was then taken saceeasiTely| to John C. Shoemaker, proprietor of the rientinel. Adolph Soidenstioaer, editor of the German Telegraph, Hon. David Tudpie, James M. Cropsey, .Capt Dodd and other representative democrats, by each of whom it was approved aad was ultimately adopted by the ShelbyvlUe convention eubetantialJy in the same manner in which it came from the pen of |^r. English. It is explained that the reason of its explicitness and the frequent iteration of anti-prohibition stntimenu was doe to the necessity, ss conceived by the gentlemen mentioned, of a clear, nomiatakable and emphatic enunciation of democratic — 1 — k ^— 'n the party

, cue to the

principles at a critical time in the party history, and in order to give a cue to the action the democrats of the state would expect from the state convention on the subject. These facts The News has from

a source of authority.

Death of Wm. H. Churchman. Wm. B. Churchman formerly superintendent of the blind asylum, died suddenly of heart disease last evening about 10 o’clock at the residence of his brother Francis Churchman, at Beech Grove farm. Mr. Churchman was born in Baltimore in 1818. He beesme blind when sixteen years old from the efiect of bard study. He afterwards entered the Pennsylvania institution for the blind as a student and became proficient in all the branches there taught. In 1840 he became an assistant teacher in the Ohio institution for the blind at Columbus, and four years later was chosen principal of the Tennessee institution, resigning at the end of two years on account of ilL health. In 1847 he was elected superia tendent of the Indiana asylum, ana held the office until 1853, when he become superintendent of the Wisconsin iastitate at Janesville, where he remained until 1863, when he was again elected to the superintendence of the Indiana asylum. He retained the office until three years ago when a change in the state administration caused his removal. Since that time he has lived with his brother. He leaves a widow and one son, Jewett, and a daughter. As an instructor of the blind he held a leading position among American instructors, and his life, notwithstanding his affliction, was of rare usefulness. The funeral will take place 'to-morrow morning at ten o’clock, and by the request of the officers, teachers aad pupils of the institute for the blind, the exercises will be held at that place. The services will be conducted by Revs. McCulloch, Reed and Hyde.

An Unusual Bight.

The Arcadian process of sheep shearing is not often seen about this city within easy walking distance, bat there is a chance to see it now at the foot of the Belmont bluff on Morris street. A large pasture contains the general flock, a small section cut off in the corner next the street is appropriated to the painlesk victims of the shears, and a small pen in the corner of that is the place of shearing. Four or five hands were employed yesterday. The sheep were laid upon a rough bench along the fence, and the fleece clipped loose in an unbroken “wad,” the shearers stripping it back as they cut, much as they would the pelt if they were skinning it. Some of the larger fleeces looked as if they would weigh twenty pounds, for they made masses as large as would fill an ordinary barrel. The animals seemed to like it, and allowed themselves to be turned about as quietly as a child getting its hair cut. Probably it was pleasxnt this warm weather to have this heavy c'othing taken off and be left their light, clean, white spring styles. “As a sheep before her shearers is dumb," says Isaiah, and it shows the accuracy of biblical allusions, that not a sheep uttered a sound.

Shearers say they never do. The r>«J!jr Mystery Solved.

Thomas Daily, the victim of the Seventh street mystery, was fined in the city court yesterday for carrying concealed weapons, be was then transferred to ’Squire Seibert, who assessed a penally for drawing a deadly weapon upon Lon ' Killian. With this trial came a solution of the so-called “mystery.” The Killian woman lives on the corner of New York and Misaonri streets, and it cropped out in the evidence that it was while trying to enter this house that Daily was pounded within an inch of his life. He claimed that a fellow with an immense moustache had done the cruel work, and as soon as he was able to get about Daily went back there to get the name of his asssilant, and he attempted to glean his information by presenting a revolver. Yesterday the woman asserted that she it was who hit Daily over the head, he at the time trying to force an entrance into the house. Daily testified that the inmatea of the house had flirted with him while he was running back and forth, on the 0..I., St L. A C- and for this reason he felt lieensed to pay the ladiea a visit In default of payment of fine, he was recom-

mitted to jail.

Astronomical Intormatjon. To the Editor of Toe Indianapolis News: The planet Mars will pass through Praesipe, a fine cluster of stars often called

the bright red star about half way from meridian to the western horizon. It is some distance from the twin stars Castor and Pollux, The new comet is following very nearly the coarse marked out for it more than a month ago. It is very nearly north, and is half way from the horizon to the North Bear. Last night it was close to the star “f" in Camelopard. It moves to the left or westward. Hardly visible yet to the naked eye, bnt will be in a week or so. It is already grand in the telescope. The tail is nearly 1° long. I count 150 sun ipota to-day. One visible to the naked eye. Spiceland, May 17. W. Dawson.

A Valuable guggestlon.

Po the Editor of The Indianapolis N-ws: For the benefit of the Women Suffrage convention,wbich meets in thit city to-morrow, I would rail their attention to the following important

suggestion:

a grand reform which may becommenle! to the women who are anxious to Improve the condition oi their sex, and which would be vastly more popular and practical than womau suffrage, would be a movement of some sort to make bouse service so respectable that young women who must work for a living will gladly accept it as their means of livelihood.—[SpringIt is a noteworthy fact that it is nearly Impos'ioletovet good female help in this city. Nor i - this the case here alone; go where yon will, ast or west. div or country town, the same difficulty Is experienced In obtaining house servants. Here would be in deeds grand opportnnitv for the women of Indiana to inaugurate a movement which would bring upon them the blessings of many households. The happiness of the marriage state would be greatly enhanced if good girls could be obtained as cooks and housemaids. It can not be denied that there are thousands of girls, whose parents have hard work to support them who will not live out. What Is the cause of all this? It has been often stated that woman tyrannises over woman to such a decree that few girls will stand the abuse heaped upon them by the more favored sisters. The amertlon It made that were men to Tueat their employes In the same manner in which many girls are treated no bustnese could prosper. This is a subject for women to discuss sod should a movement be inaugurated, sue a sals suggested in the quotation above, toonsands of dollars would be contributed by men who would not give a cent f jr the promotion ot

Patzs Famiuab.

daeldad

female suff.-age.

Tbs following oat Wednesday, May 17:

jrsTicss—xrruAi. bonds—AmovAi. 9619. anson B Miller vs. Michael O Be’ley. rkhartttC Affirmed. Elliott, C. J. Ibe sppeHce was anestedon s cha-ge of vi >1a-

ting a town ordinance, and srat convicted After conviction be tendered to the justice an appeal bond which waa accepted, but wa« not loimaiivenduratti approved. The justice in eutertng the judgment stated the amoapt or the con* at 122 6V whereas they in fact amounted to the mi in of VS 95 and should have teen entered for that, amount The bond given contained ■he amount of coat taxed as V2.65. The fusticafter dtenovering the mistak-corrected the record, demanded a new bond which the appellee failing to have executed, be was taken into custody »n a mittimus, and was released from cus-

tody on a writ of habeas corpns.

(l l The bond filed with the justice was a valid one and its force was not impaired by the error in the statement of the amount of costs. Under the statute the bond was enforceable araimt both principal and surety to the extent of the law not exceeding the penalty. (£6 Ind , 886, Z.B. 8., til.) The statute applies to such bonds, and cures all defects of the character alleged to exist In this one (62 lad., 6u; 63 Ind.. 72.) The fact that the justice did not endorse a formal approval exerts no controlling Influence. The material fact is the acceptance of it. not the

trv of the fact. (11 Ind.. 280; 18 Barb, te nond filed by the appellee secured k peal. After this right wm fixed the jutti e had no jurisdiction to issue a mittimus. If the

d no jurisdiction to Issue a mittimus. If the bond is insufficient the remedy U to be furnished by the coon to which the appeal is taken on motion to dismiss the appeal. (2 R. 8.. 624; ?>1 Ind.. 81. Wood*. J. concurs In thecoaclurion, but dissents from the propo iti-jn that the surety on such a bond is liable for any greater amount

of costs than Is recited therein. ASSIGNMENT—IX BCCTIONS—PLlADINO.

8436. 1 he State ex rel. vs. William J. Krug et at Montgomery C. C- Affirmed. Bickueli, 0. Action against a sheriff and his sureties for Hvylngai) execution and selling goo la which it was averred had been assigned to the relator for the benefit of the creditors of the execution

defendant

[1.] Where the complaint fail* to show a canse of action, and thete Is a jadgment against the hiaintiflV. they can not complain of the judgment. although ‘ “

ings < HfC)

[2.] The complaint in this case Is insuf fldent It gives no description of the property. It does not state whether the property was real or personal. It ^etsout and relies on a written Instrument as the foundation of the claim, and no copy of the alleged writing 1* annexed to or filed with the complaint. It does not give the date of ttfe alleged writing nor the time of It* execution, and it does not show that the assignment was

merit, although there may be error in the rulings on their demurrers to the answer. (65 lad ,

t d, nor that ft was recorded before tne levy the execution, or before the issuing of the execution. (86 Ind , 118-12U; 58 Ind., 561; 66 Ind.,234;60Ind.. 285:66 Ind., 410:71 lad., 22.)

FI NDING—EVIDUCS.

9228. Francis Smith et al. vs. George P. Bissell. MarlonS. C. Affirmed. Franklin, G. This was au action by the appellee to obtain judgment for the possession of real estate There w as a trial by the court and a finding and judgment for appellee. The evidence sustained

the finding.

LOST NOTES—rjuBAEING—BURDEN OF PROOF - 8614. Coleman B. Pattison et aL vs. John T. Shaw. Delaware C. C. Reversed. Morris, C. [1] A motion to dismiss an apoeal tor the failure of theappellants to prosecute the same with proper diligence, can only be made on call

in open court.

[ZJ Wnen on an action in a note which the complaint avers has been lost, the defendant files a general denial n >t verified, the execution of the note sued on is admitted by him. (70 Ind , 818.) The burden of proving payment of the note in such a case, Is on the defendant, and the plaintiff, on proof of the existence of the note, its contents and low would be entitled to recover unless payment wm proved by the

defendant.

MORTGAGE—WIFE'S INCHOATE INTEREST. 8921. John McG ohlln et al. vs. Cnarlet R. Pollard. Qarroll 0 C. Affirmed. Wood*, J The appellee obtained a judgment against the appellants for the recovery of the possession of cenain real estate, subject to a right of rederap-

brietly,

owner of

question, executed to one Kipp a

mortgage lor unpaid purchase money, a previous mortgage, in which H&rri’s w.fe had joined, t eing that day satisfied of reoo d, and the new mortgage given Instead, the wife not joining in its execution. This mortgage was ior<.closea in 1877 against Harris alone, his wife not being

decree the

made a party, and by virtue of the decree the property was fold to the appellee In 1878 for the full amount of the decree,aud there haying b .-en no redemption appel ee received a deed at the end of the year. Within the year allowed for redemption, the appellant McGlothin, with no tice of these facts procured a deed for toe laud

d wife and

from Harris and

and was holding the

1876, (Act* 76, Mrs. Harris

6, p 178,) the Inchoate Interest became a vested right on the sale This position is not tenable. ]

,e by

the sheriff. This position is not tenable. The mortgage was made in 1871, and the wife's iuchoate Interest, as then defined by law, could only become a vested right on the death of the husband, sod subject only to this conting-'n' interest the moitgage of the husband opertted on the entire estate. The rlehts of the mortgagee, in this case, were of thaicuaracter becoming vested at once on the execution of the mortgtge ccntract, the obligation and effect of which could not he imo tired or (ilmiblsbed by subsequent legislation. During the life of the husband Mrs. Harris would have no right of possession, and could not, of course,

convey such right to another. COUNTY AUDITOR—CAPACITY TO SUE

9229. Reuel J. Gaunt vs. the state ex rel.

Grant C. 0. Affirmed. Franklin, C.

The appellee, as auditor of Grant county, on his relation, in the name of the state, brought ibis suit against the appellant as former treasurer of the county. The complaint charges that the appellant, as such treasurer, collected and •lid not account for certain named taxes, fines,

mug 1 f-tatutes and decisions of this state, that

by the if this fuit had been brought on the bond of appellant m such treasurer, it should have been brought in the name of the state on relation of the auditor. (65 Ind., 176; 58 Ind , 75; 51 Ind., 52; 49 Ind., 51.) This suit wm not brought on the bond but against the ex-treasurer Individually. A part of the claims sued on was for trust funds, on which the auditor was expressly authorized to sue in the name of the state on Ids relation, and the complaint avers he wm directed by the board of commissioners to sue oa the wholeclaim. Thesuit was properly brought. The cause was referred to a referee for a finding of facts. There was no uncertainty, ambiguity or Inconsistency In the facts found, that would prevent the court from renderlog the proper judgment. If there exist* any such deficiencie* the remedy is by a motion for a new trial, and not for a venire de novo. (73 Ini,, 96.) CONTRACT—EVIDENCE 9200. Samuel G. Highflll vs. Malachi Monk. Crawford C. C. Affirmed. Morris, C. This suit was brought by the appellant sgainst the appellee. The complaint declared on account of money had dice for the use of the appellant, on account of a eon tract entered Into by ihe appellant a* county toasurer and the appellee wherein the appellee agreed to pay the amount of certain checks in county orders. The cause wm submitted to the court for trial, -nd resulted in a finding for the appellee. Objection wasmade to the Introduction, la evdence, of two county orders Issuea by Crawford county and payable to the appellee. The ob jections to the introduction of the orders in evidence were that they were Immaterial, irrelevant and incompetent These oidera were material evidence Tne appellee claimed in answer that he had pursuant to an agreement between him and the appel-

.<1 pav > used

ae appe ed orde

be used by the latter as redeemed orders in settlement with the county, and for which the appellant was to account to him. The appellee testified that he had dep *Utd the orders with

in set-

r which t

The ap

p eitcd the orders wuii proved by the auditor of the pellant had used them in his e county as treasurer, and re-

ceived credit for them in such settlement as orders redeemed by him. The court committed no error In permitting the order to be read In evidence. There is some testimony to prove tb&t these disputed orders were deposited with the appellant by the appelle. and that the latter had not received cr< dit for the same. Th« finding of the court below can not be distuibei (65

Ind.. 78.)

PARTNERSHIP PROPERTY—MORTGAGE-LIENS. 7407. James A. Lewis et al. v*. Wm. B Harrison et al. Morgan C. C. Ret earing denied. Niblack, J. Wood*. J. dissenting. It is not necessary that the contract or agreement of a partnership should be even in writing, much let* that It should be recorded. (Collyer on partnership, 8*>c. 3:51 Ind., 8t<8 ) Thegeneral rule is that the purchaser, or assignee, of personal property acquires no better or greater title to it than the vendor or assignee had tu It. and riting is necessary for the sale

r writing is nece«»ery. But that statute contain* no provision a» applicable to article* of partnershlp. Persons acquiring or attempting to acquire property held in partnership muat take notue of the tenure by which such prope» ty 1* held, and must necessarily incur all the risks incident to the acquisition of that class of property from whomsoever obtained. The fact* found by the court la this cmj show that at the time appellant* obtained their mortgages on the property, It wm held by, and in the actual pomession of Sims and Rinehart, under an agreement with Rinehart that none of it (•hould be sold by him. sr otherwise dlsp wed of without the consent ot Slms.and that 8 ms was to continue to hold a lien for ad vanoea. Under these facts Rinehart w^uld not have had any claim

Woods J. disen ting holds that the Hen asMrted In this ossc was not one of which third parties were bound to take notice, when It Is undertaken, by special agreement. Incorporated in the articles of oo-partnership, to stipulate for alien In favor of one of the copartner*, which would not arias, by implication of law from the fact and nature of the partnership, without a stipulation therefor, the law ought to be. and in, that such lien should net affict ihe r ghts of a bona fide third purchaser

for value, unless he has notice to the contrary, be haa the right to presume that each partner’s in’i reatfaMibj-ei to no liens except fortbedl*chaigt g. p-rtuereMp liabilities, and that, whin here have tees, disc::urged his share of the net surplus is hu own, as absolutely as any othw f< rm of properly, and mbject to the Impautiaa oi iiicumhranoes in the same way, and only in the same way

MARK NT KKPOBT.

Indiana polls

Review.

The dsy opened with a moderate demand for groceries. Price* on the staple* are firmly adhered to and no change* in quotation* are noted. Continuanceof a good trade hinges altogether upon the weather. In miscellaneous produce receipt* are extremely light Price* are stiff, potatoes In particular, having reached fabulous figures owing to the heavy demand for seeding purposes. A slow but perceptible improvement In hides is st last taking place and a better feeling iu

developing.

In dry goods price* remain uniform. A fair number of buyers are in the market, and the Indication* are favorable. Prospects for trade improve with the certainty of a good wheat crop. The market shows more life this week

than heretofore.

The drug market is active with an excellent f< eling prevailing. Trade shows a heavy incr< H.-e over the corresponding season last year. Canned goods and foreign fruits present encou raging feature*, ({notations are u ichanged. Drt Uood*.—Prim*—amenoan, *c; Allan, ou: Arnold's, •'tc: Berlin, solid colors, 6c: Oacbsoo, 6>tc; Eddvstone. fancy, *qe: flartel. fancy. Sc; Hamilton, ec; Pacific, fancy.6¥c; WMhtns;ton Turkey red. 9c: Harmony, Sc; Manchester prints 6,s»c Brown sheetings—Atlantic^ A. St^c; Atlan-

D. 7*e; j itinental

Appleton A,

Ltlantic A Stic: AtlanSHe; Boot A L, 8*c; k’s A,Site: Dwight An-

itevUtoKK. 7Jsc;QranItevlile IX, 6Hc; Indian Orchard. SS Inches, 7t<c; Peppered E, 8!*c ;Pepperell R, 7Mo:Saranac R.Sc; PeppereU, 9-4. Sc; Peppered 10-4. 2714c. Bleached sheetings—Androscoggin L.814c

ft aches. 10c; Nope. 8)tc; Knight's cambric. l(

me. 10c.

9c , Whlttii

10c; Nope.8*tc; ]

Lonsdale, loc; Lousoale, 33 luchee. 9c , WTUttios, vilie,asiuchei. 7Hc; Wamsulta, 36 Inches, 13c; Utica. 9-4, SNae; Utica. 10-4, 85c. Corset jeans—

Qidlan Orchard, 7Jic; Keariarge

. .enwa.i wa.TMc; Amoak. -g stripes, U*4c. plaids. 11 tc; Hamilton,Uc; Bates,9c; Uncaavlile,9; “Scotch finish,” ll>4c, Pactttc drees

peas, 75<£88c. . . . . _ ■ b. *L7nai.80: Tomatoes. 3 lbs. fl 333 1.36. Polk's corn, 3 lbs, |1.25*»180; excellent, 11.60; Oolden Rule, 11.50; Yarmouths, UAO Revere, |IA0; Mountain sugar. iL60 Dunn <* Co.,fl 2MMJ0;I Ibe. pumpkin*.|t.2V(ti ss Apples, standard brands, gallon. g! 00913 S); 8 lb«

Iqm ______ L’aroTcla. Cheese, ^obburg ^ at 914913c. Coal Pobkion Fkuits and Nittb.—Bananas 31 .SOrtACOO Cocoanuts,36.50<it6.GL3it hundred. Figs iayersU^tUc Pineapples, (3 CwlSSO oer dozen. Mew raisins. Layer», |2.&iw«00; London layers, p.'aaaJO; Valencia. I23£l3c: Muscatels, double crown, tkOOffi 110; Prunes. 6®8c; French. 1 Raise, currants. 6H@7c. Leghorn c'tron. l&aaoe. dates, 7*67He; In trai .-emons, Messina. H.TEttf .eo: Messina orange* fa.MfcM.TS. Imperial, MwSna, »7-73#7JO; Nap - |6J5<s6.t0. Soft shelled almonds—Ter ego ua, 2l*aXlc iVica, 19@20c ; shelled !.'«; new Brazil nuta. ittb.+c: new filberts. 130 W>4c; German walnut*. 13cj Naples do., ITAUc; pecans, ISOtZKc; raw peanuts—white Ten oestee, S.SgWc; Virginia, lO.teiPMc; handpicked. l*>44bllc: roasted. llffilZ-ae per lb i. B.7T

oarrel. »H04*i

:; alum. 4>»c: chloroform. 8.1*4900; ooppena. . *8.50; cream tartar.pure. 3*CM0c ;oastor oil

'.ne NtetUc: bromide or potaah, sggtec: lard oil T^jl.oo; Ho seed oil, &9g$G3c; optum, 94.68^.90; .vhlte lead 644c; Iodide ofpotash. |2 2&&2J5. TtNNRBe’Bupt-Lixa—Best orann cnarcoal tin. 1C 10x14,14x20 and 12x12, 97,00; XX, 10x14, 14x20 ind 12x12. $0.00; roofing tin, IC, 14x20. $6.50; 51x26, $l3.uotjn 00, Block un in pigs, 28c; In bars toe. Iron—27 B Iron. $4.90; 27 O iron, 7c. Moor--lead* galvanized.80per cent, discount: Sheet

hedt

::uc. 9c. Copper I 19c. Bolder, U&l7c

bottom. Sic. Planished oepper

Hides, Tallow and uruasr.—Green cow nldes, 7c: heavy steers, 8c; green calf. 10c; {reen salted hides, 7>?98c; green salted calf. 12c; dry flint hides, 13c: dry salted hides. 10c; dam-

above

hides, 13c: dry salted hides. 10c;

*ged. grubby or bull, two-thirds of the i prices. 3 allow—Prime, 7@7)4c; No 2, «$*!4c. Grease—Brown, 4j4&4<4c; yeUow,t@6j4c; white.

7®7Hc.

Leather—Oak sole held at SSiTMSc; hemlock: *ole held at UOSSSc; harness, aotr.jOc; skirting 39# '8c; rough harness, Z7#30c; Pittsburg harness, <7fiM0c; bridle, per dozen. ti«if4T2c; city kip, 50c4 *lX>; French kip. 88c@$l 28: city calf-skins, 86c#

oar.^m Horaeam>ee—B'nrden%,$6Mfper Vlas's. 35.24: Walker's. 16 X; mole shoes, 16.8k.

Cut nails, $3go, rates for 10’s

Live Block Market. Indianapolis. Mr; bead; sbi i. - "TO ill 0.4, J ouvoouhc, ipexs. We quotes Heavy packing and shipping f7 50#7 90 Assorted light to medium.. 7 403 7 75 Common to good light ^ 00<§7 35 Heavy roughs. —. 6 25^7 00 Pin.- 6 50 §7 25 Skips ..... 6 OO.tfi 25 Oattle—Receipts, 250 head: shipments, 210 head. The market steady and unchanged. We quote: Good to prime shipping.—9B 75# 7 00 Common to fair shipping....—.. 5 50# 6 50 Good to choice butcher « —. 6 oo<a 6 50 Common to fair butcher’s......— 8 50# 5 25 Heavy feeders — 4 60# 5 50 Stock steeis.....— 8 00# 4 25 Common 00wi. 2 0J# 8 00 Bulls... ....... ..... 2 25# 5 00 Veal calve* 5 50# 6 60 Milch cow* 95 00#55 00 Sheep—Receipts, 200 head; shipments, none; through eleven cars. The market steady at quotations

Good to choice shipping. Common to fslr.

t 4 50#5 00 8 25# 4 00

■ lace]laueons Produce. Green beans, |2.00#2 25 per crate. Peas, $1.50#2.00 per bushel, strawberries, 85.00# 600 per crate; $14.00315 00 per stand, potatoes— per namu. $4 0J#410; new, $6.ob#6.50 per parrel. Burbank’s seedlings, $1.50 per bushel; Eastern rose, $1.50; Imported Champions, |1.20#1 SO— Onions. Bermudas, •2.60#2 75 per crate. New Southern, t5.(0#5,50 per barrel. Cabbage, 14.00 per barrel: |£00#9.00 per crate. Apples, faniw, 85.50 #600 per barrel. Honey, 90#2Ic. H. P. medium beans, 88.75# 8.85: marrow fat. S4.25#4Ja

Gray's npeciflc Meduaue ithe Grant W"gii«iRemedy) 1* a positive and effectual remedy far all Nervous Dlaeaeee in every stage of life—yonni or old. male or female. Bach as Impaired Brail Power. ProetraUon, kwe of Strength and Vitality Defective Memory, and dliesiee from which an unnatural WMteof life springs,al lof whlch’can no; fall In undermine the whole system. Kv*ry or gam ia weakened, every power prostrated, an* many forma of dlaeaae are generated which, 1 not checked, pave the way to an early death. I' rejavlnatea age ana rein vigors tee 700th. Write tor pamphlet which willJ»e sent tree^wlthftU on receipt o jjgjnMgjara aeoUa by'waRD^BROsT GOLD MEDAL, PARIS, 1878. BAKER’S BraUist Con Warranted ■A—fwfefy jnsrt Cocoa, from which the excess el Oil bM been removed. I tha* tkm timet (As ttrtngth of Cocoa mixed with Starch, Arrowroot or Bugmr, and is therefore far more economical. It la deBdons, nourishing, strengthening, easily digested, and admirably adapted for Invalids as weO m for pencils in health. Sold by Greases everywhddu* V. B1IEB S CO, BorMer, laa

‘X'KHB GREAT GERMAN REMEDY FOB BMUTISl, NEURALGIA, SCIATICA LUMBAGO, BACKACHE,

eg [rmimk

SORENESS or nm CHEST, ISORE THROAT, QUINSY, SWELLINGS ▲MB | SPRAINS, FROSTED FEET AM9 EARS, iJBTjzurai AMO [ General Bodflj Palis, TOOTH, EAR an HEADACHE, An ililllEINIK

No FreearaUas os «ezth Meal* Ur. Jaeoae On ae a •Arm, less, starLk and osar External Itemed/. A trial entaOf but the comparatively trifling onUny of fc> Cbstts, and every one enflbriag with pain can have cheap and ponttive feeef M lu ciaisu. pixncnon u turn lamcaszs. SOU If All MM8MSTS AM tlAlttt U WBIOML A. MODELER A CO. Baltimore, Eld., V, 8. A

REFRIGERATORS,

COOK STOVES, Kiirheu Furniture, ADAMS * WEBTLAKB lea Explosive Oil Btrrts. Largest Assortment In the State. McOUAT & WALKER, th,s,tu 61 and 63 W. Washington StWrought Iron Pipe . FOR WATER, STEAM, GAS, HYDRANTS, Hose Boxes, PUMPS, SIKES, Bath Tubs, RUBBER HOBS, Hose Trimmings, LwUrPipe, Sieet Lead aad a'l SuppUaa used la Plumbtag, Gaa aad Steam Fitting. knightXjillson, 7ft and 77 S. FeangjlranU St. .

Wall Paper AND WINDOW

SHADES EVDLE88 VARIETIES jn> Mgs ml Teats,

tihUM

40 South Meridian Strait.

GOLD AND 8ILYER PLATING, Seals, Stencils, Steel Stomps and Robber Stamps E. H STEGMANN, KXGRAVKB, 36 W. Market St, ladlaaapolle, lad. 8.tu,th USE HILL’S Rhueinnic Pills, The GRBAT RRKRDT tor KtMomJMleaa, flfeoraigla. Goat and Nervous Headache. They are Anti-BLUonR and as Baev (TAMILY PUBGATIVK, made from isrmlee* roots. Have been In om more than 8$

-ample uuxrn i urn postage, 'hrooghont Uv 'or saw. and ti

ut the count, aad In this cit

Bend stamp to pay re I refer, you to aH

to prove

-ample boxes sent free. _ _ _ ‘— * efer yon to aQ druwlsti

try by whom these Plus are city by Browning A Sloan

Price. 25c per box.

thAt

Wboleoale Agents. Price, 25c per box. O. A. HLIX, Frop’r, Fort-land, Me.

USINESS MEN

growing Town* ■vesfera Bailway. offer unequal to Mi-hing bnalneae men ail purficulaai ed iiew CH 1 r nd Coaimieeiouer O h

Cleveland Paper Ca XVERT YAMETT 0T PAFEK. WM. a DeYAY, BMident Age*. Ibe pope upon whVti Tn Nxwv is printed t« fnrrdiho-J 5 thfe Oampeny.*'

AMTTKRMAfTS.

DICKSONS’

eiAin orau sotna

Engagement KxlraonUnsjy. Poellively ope night oulv—Monday, May 22—of the fen Al'DRAK OPkRA COXIQUB COMPANY, f the Bijou Opera House, Hew York. Seventy are lists, including MBs Catherine Lewis (first apV«sranee in this city), in her original creation.

the (among

from

i city), in bar original creation.

The Chobi *—Particular attention It asked to the chorus, which bes received the highest postible pi she in every nty the company haa viaIt. d. Eist orate costumes. Beautiful scenery. Pi lees: Bcterved seats. 81; ad m baton. 25. 60 and 75c. Sale ot seats will begin Thursday morning at Ornernn 1 *. ala

ZOO THEATER. 0PEV EVERY HUH.

Tuesday, Thaiefiay aad Saturday i Thirty Flnt-CUas Ferflormera. ADMISSION—10 and 21 euaM.

SUMMER RESORTS.

WARM SPRINGS, BATH COUNTY, VIRGINIA. Open from May 1st to October 15th. The fine# warm sulphur bath in the world; temperature, 96 degrees. Romantic scenery, medicinal wstesu and elegxn t arcoin modatiaDs are alike Sttraottru to Invalids or pleasureeaekesa Bend postal Aw pamphlets. JOHN L. EUBANK,

Gas Stove.

No klnffUnff repaired. Ho coal to earrj. No aahfle to romero. Prlc«o ITom $2 to $16. Om exUWtiOH aad tor aale By tka GAS COMPART, at it Soith PeoB. Bt,

8 Years’ Experience ia the Maanfectare sf AB1IFICIAL LIMBS.

l'|? - . •" V !l '|(' J - ; i || ! f:' $ b 11 J ! t '

- ^ - -

• Sft '

a ‘ A. HAVA 0 0 ,)

JOHNSTON & BENNETT, 62 East WaihiagtoR Bt, SOLE AQE10Y MQ1IT0B OIL STOVE.

nnequaled. Boynton Warm Air Furuaoua Laundry Stoves and Hotel Ranges Centennial

Refrigerator*. Kedzte’B Improved Ffli itoves, Grate* and Mantels, all styles. at all kinds Btovss, Ranges, etc., a specialty.

B. T. EELFEB, A A. HELFKB, 0HAB. HELFEB A. A. Heifer & Sons.

We have a very large stock of the finest work we have ever built, made In doll season trust materials bought low for eaah. Call and luafc before purchssta*. Oorrespondenos Invited. 26 and 28 8. Tennessee St. aar All kbtds ot Repairing on abort notioa, fiatiafactioa gnaranteed.

LG JUMrS&GIh

__ best re flned Cast Bteel sod the cadebrated Stiver Steal Olnre Ur and Cross-Cut SkWS.

all real

warranty e

talogoe and special qootationa.

8M to 818 Bsutk nilaels 8k, InilaaaasttA UL

are All kinds ot Saws repaired.

TJANET’B JOURNAL for Painter*^ _ M tical artielea, naaful reefipea, destyna, o<