Indianapolis News, Indianapolis, Marion County, 2 January 1894 — Page 2

THE INDIANAPOLIS NEWS, TUESDAY, 3j

m

w

THE EYSTERCASEREVERSED

PARSER AND M*APXN WILL NOT mm HAJNOKD FRIDAY*

Criminal Court R»truet®d To SuhUIu » Motiou For m Now Trial—Decision By Jutfco Coffey, Giving Reasons For the Action.

The Supreme Coort to-day granted are* hearinc to John Parker aad Edvard McAfee nov onder sentence to be banged, next Friday at the State prieoa Borth. The deoiaioB waa written by Judge Cofty. He the appellants assign aa error the action of the court in overruling their motion for a new isL The aacontradleted teeMmeairjB Ue Me eeUbllahee the Ihct that between and ie o’clock on the evening of April 14. UK. two boy. entered the drug .tore o? Charles E. Ey.ter, at Miaaiasippi and Third itreeU, aad purchased a

should hu. thelr tadfvirtual

In

, _ _ „ aa „to

iponslbDity. Many Other rulings of the trial court are complained of aa orreta, bat as they may aotaMauoon another trial of this cause we deem It nnnecewary to

•namlne them. For the errors abo“the judgment in this case murThe Criminal Court U instruct*

motion tot a new trial,

Parker and McAfee are in prison at Michigan City where they were taken after

sentence had boen passed i

bn ban R

of the them.

1 unnecessary to stove indicated, mst be reverted ted to sustain a

r that they should _ on November 8. The deoision preme Court wae telegraphed to

! ' I-' MM -.-y ■

-

get of dice. Almost immediately after stepwas to identify these appellants as the *S!» ’. 1 “ > Ejite* ™ ntrodne

•liecial or Hrencrair it ia only necessary to ahow that the A person injured Is within the scope of the threaU uttered, lower coart did not err in permitting

_jlgL Uk&ts, their

ie appclitified in

P

.'

& -»■! ?• ’ ‘ '

m

I i

..

he drug

, on the trial of the cause, tee

own behslf. The state was per* miUed to sak them ea to certain urreste for the purpose of discrediting their testimony. R ia not agreed with the appelInnta that the trial court erred in permitting this testimony. The testimony of an accused person who testifies in tala own behalf should be subject to the tests applied to the testimony of any other witness. It is not to be supposed that the testimony of a witness who is morally depraved and an habitual lawbreaker will, as a rule, receive the same credit as a witness who is Of known mbvai character

ansa. rriTan’s ms»t».oi»Y.

The appellants contend that the lower court erred In admitting the testimony of Mrs. Byster In whith she stated that her husband had said thJ two colored men who had been in the 'Vt-re bad done the shooting. It is a lobular ,'ifle that whatever constitutes a part of he rea Justs-the act undsr immediate investigation—(e admissible as oi Kinal evidence. There is in this State no uncertainly or confusion aa to the rule itself. It bae been settled in this State that an act can not be varied, qualified o# explained either by a declaration which amounts to no mors than a mere narration of an occurrence, or by an isolatec conversation hald, or an isolated act dona at a later period, it may now be regarded as settled law in this State that

XDWARD X’AVn.

that a declaration which amounts to no more than a narrative of a past occurrence Is not ». Had theassailants of

m; . '

n

* vft* ’

defense, it is \ clear that they eouid not have given shod declaration in evidence as the trial oi this cause. Yet such a declnration would have been as much a part of the ree jueta aa the declarations ef Byster at to how the shooting occurred. The declaration of Eyater, when he mot his wife, that he was shot wae admlsaabto because it was explanatory of his condition, but hi# other declarations as to who shot him aad the manner ia which the shooting occurred was a mere narrative of a past event. In admitting this evidence the judge providing at the trial or this cause erred. TU* JWKv’fl mSTRt'OTIOMS. The Court, of its own motion, gave the j ury the following instructions: Evidence has been Introduced on behalf of the defendants tending to prove an alibi, and If you should find, upon considering this evidence, that it ia sufficient to raise a reasonable doubt in your minds as to Whether the accused, or either of them, were at the p'ace where the allseed crime was committed, then the accused. or the one aa to whom such doubt rises. If it arises to any, ia entitled to acquittal; * to account

la not of itsalfaeircuRisunc-.: fending to prove his guilt; but a failure of this character may be properly considered by you tn connection with any other evidence in the oasa tending to prove guilt, if you find that there Is such. . So much of this instruction as informed the Jury that a failure of the appellant* to account for their whereabouts during all the t me which the alleged crime might have been committed waa a fact which might he properly considered by thorn in connection with any other evidence in the case tending to prove guilt, was erroneous. The defense of the alibi stands upon the same tooting aa any other and evidence tending to eupport such (Cnee,is sufficient to secure an acquittal if It raises a reasonable doubt of the guilt of

the penono charged.

atraaa* or rmoor on vnn statk.

In criminal canoe the entire burden ie upon the State from the beginning, and the accused Is not bound to explain anything. His fiaifcSI* to do SO oan not be considered asm elrcum-

‘ L Thf

xsr

to prove hie guilt.

tor a .much, stronger

or inabilitv of an

ing true, __

accused Vo* iullv establish by his evidence a defense which he. attempU to prove, should

not bo stance

'

considered by the jury aa tending to show his guilt, i ef the court, that t should hate instruct

of rt

open the

have

subject

S3

as s circum-

It is the

the lower

ed the reasonable It is true

dge of both

Mwartha*,

Court to instruct It as

quit the accused, there ie no

error, for he can

upon trial tor the i if the Jury, in the exercise

law. erroneously con-

ourt to Ihg

i accused, there is no

THE CRIME COMMITTED. Charles Eyater Shot Down la HU Drug Store Circumstantial Evidence. The crime with which John Parker and Edward McAfee are charged was committed on the niebt of Friday, April 15, 1893. The prUoners are colored men. Their victim wai Charles E. Epater, a druggist, who bad a store at Third and Mississippi streets. The story of the murder ae developed at the trial was that the two negroee hid a grudge against Charles Eyater and the people in his store. The murder occurred oq the tweflty-eiglith birthday of Charles Kyster. Two negroes came into the store and asked to be shown some playinp-carda After “fooling around” for a while, they said they wanted eome dice. They bought one pair of dice, paying 10 cents for them. Mrs. Eyater was present at this time. Then she went np-staira. The negroes went out Charles Eyster was closing the store as the negroes returned. They asked for some matches. As he reached under the counter to get Some for thorn one of them remarked, “You’ll be ao ancel soon.” Eyster looked up and saw that a revolver was pointed at him. He thought that the negroes were in fnn, and tie laughed. Then he looked in their faces, and he saw that it was not fun. He attempted to dodge and at that instant a shot was fired and the negroes ran away. The shot was from & thirty-eight caliber revolver and took effect in Eyster’s abdomen. He ran op-stairs and fell into the untie of his wife at the head of the stairs. He gasped out, “My God. those negroes came back and killed me. The next day he died. Suspicion at once pointed to Parker and McAfee as the men. On the same day that Eyster died they were arrested. A week later, under dramatic circumstances, they were identified by Mrs. Eyster an the nu n who were in the store on the night ot the murder. They were seen running from the store by two witnesses, John Venable and Thomas Colvin. The trial began in the Criminal Court room on Wednesday, May 31. It ended on Saturday evening, June 10. The£ jury was out three hours. It returned with a verdict of “guilty,” and sentenced the prisoners to death. John Parker is twenty-three years old, and Edward McAfee is twenty years old. Higher Court Itecord. The decisions of the Supreme Court today were; 16,440. State ex rel. Miles Starry vs. commissioners of Warren county. Warren C. C, Reversed. Howard, C. J. 16,484. James Craig et al. vs. Noah J. Major exr. Morgan O. C. Reversed. Hackney, J. 10,510. Emory E. Horen vs. Stephen A. D. Oillman. sherlfl et al. Jay *0. O. Affirmed. Dailey, J. 17,0i»« John Parker et al. vs. State of Indiana. Marion O. C. Reversed. Coffey, J. »16,517. Mary A. Werler, et a!, vs. Huntington Water-works Company. Huntington C. C. Certiorari granted. 14,116. Pennsylvania Company vs Margaret Mycrn, administratrix. Alien C. C. Reversed. McCabe J. concurring opinio n, Howard. J. —- •The Appellate Court decisions Were. TM. Isaac P. Hopewell, administrator, vs. John Kerr. Monroe: C. C. Reversed. Davis,

C. J.

1,011. E. & T. H. Railroad Company vsf. Tillman H. Holcomb. Posey C. C. Affirmed.

Gavin, J.

1,061. Charles Decker et al. vs. Chari Washburn. Pulaski C. C. Reversed,

hard, J.

1,063. Celestlan E. Thornburg, administrator, vs. Mayer Allman.. Marshall C. C. Re-

versed. Lot/, J.

haries Rem-

commercial club election. Eight Director* To Be Chowon ^Naxs Mouth—The Method.

The election of eight directors for the Commercial Club will take place on the second Monday in February. There are fifteen director's, and they arc chosen to serve for two years alternately, seven at one election and eight at another, annually. The directore whose terms expire in February are Edward Hawkins, Albert Lieber, Charles E. Coffin, Nathan Morris. W. B. Burford, W. H. Eastman, Justus C. Adams, A. L. Mason; the holdover directors are D. P, Erwin, A. C. Ayers, Albert E. Meteger. T. E. Griffith, Samuel E. Rauh and Charles F. Robbins. The directore will appoint a nominating committee of five on January 15, and this committee will report nominations for eight dlrecton by the 20th of the month. Any twelve members of the club can nominate and put in the field an opposing ticket The new board will elect officers for the ensuing year. The present officers are Eli Lfly, president; M. A. Downing, first vice-president; C. C. Foeter, second vice-president; Wm. Fortuue, secretary; A. B. Gated, treasurer. AMERICAN STONE

Favored By the Indiana Marble and Granite Dealers.

Thirty or forty firms were represented at to-day’s session of the Indiana Marble and Granite Dealers’ Association, at the Grand Hotel. The members of the association are in favor of standing by American marble and granite. Ex-Secretary Ranek. editor of Stone, in his address, suggested that the importation of Italian marble ought to be stopped. Were this done, he said, American marble and granite would take the place of Italian marble in the arts and industries. He said that no country had finer granite or marble than America. The jobbing trade was discussed at length by J. F. Townsend, of Columbus, O.; D. E. Hoffman, of Winchester ; Jas. H. Croziw. of Madison; Chas. Batchelder,Toledo, O. jC.V.Inks, of Goshen, Ind., and N. P. Doty, ot Elk-

the retailer and the jobbqr. Other subjects discussed during the day wore: “Courtesy That Should Exist Between Competitors,’’ “Individual Fights to Territory,’’ and “Advantages of National, State and Local Organizations.” . THE SNYDER MURDER CASE.

Continued Unttl Friday — A Disappointed Throng- at tha Jail.

A throng of people gathered in front of the jail this morning to ratcb sight of Lewis Snyder, the murderer of Mrs. Cloud; but he was not taken over to the Police Court. John W. Kealing appeared for him and had the oase continued until Friday. He is held without bond on a charge of murder. Rotten Rubber Roads. The deputy collectors of the United States revenue office think Uncle Sam has been badly dealt with iu tha supply of rubber bands. Many are used in the office, and the aupply was uniformly good until a brand known as No. 17 was received. These are stiff and rotten. Whole boxes are worthless. The bands come tn boxes stamped “J., ’92,” and labeled Goodyear Rubber Company. Other goods, supplied by the same company, are good. The robbers are supplied from the main office by Collector

Bracken. .

Illegal Sales of Liquor.

Patrolmen Thompson aad Tiebea discovered Charles Miller, bartender at the Imperial, serving drinks ia an upstairs room last night. This morning Miller was fined

.'ll

m ! no aad coctu and ••nttnoed to ton daft court, too error i# at . . Ti*.**«%** 1**1 4h*

the every-day prae- . the jury may be the law *ppltc«h> to atenss,

the court 1 on all >!e them

court

f

in the work-house. Hs-appealed to the Criminal Court. A. Jacob# was arrested yesterday, charged with wiling liquor on a

legal holidky.

The Bell-Street newer.

This afternoon the Beard of Public Works heard argument designed to show the necessity of building the Belirttrest wwer. Nkw chine closets at Wx. L. Elpbx’a

DELEGATE STATE BOARD.

THE

FORTY - SECOND ANNUAL MEETING IN SESSION.

Members of the State Boerd To Be Elected - Opposing CandidatesSentiments of Delegate*—The Secretary’s Report.

The forty-second .annual meeting of the delegate State Board of Agriculture convened this morning at the agricultural rooms in the State House. Ths meeting will be important ia several respects, the principal of which will be the retirement of several old members and the election of men to their places who are expected to infuse new life into the onranixation. The State Board of Agriculture was organized in May, 1851, under a special charter from the State, and has been maintained largely by the publiu fund since. Its specific purpose was the advancement of agriculture and incidental industries, but the efforts of the board soon became concentrated in the annual State fairs. The organization ran on thus for years and many of its members believed its sole purpose and duty to He in the State Fair management and the printing of the annual report, which included county and district reports aad papers on agricultural topics. In the last tew yean there have been repeated attempts to reorganize the board, and some to rejuvenate it, but these efforts have only been partially successful. At the last meeting several new members were elected and at the present one it is

probable others will be.

One of the oldest members of the board

is Robert Mitchell, of Princeton, Gibson county. He has served about twenty years. He wanted to move the State Fair from this city to Teire Haute two years ago. when it was found that there was hostility to the board as then constituted, and that on effort would be made to oust some of the older members. He stands for re-election this year, and so far no one has appeared in the field against him. James S. McCoy, of the

Second district, is also unopposed.

OPPOSING CANDIDATES.

In the Third district J. Q. A. Bcig, who has been a member for teu years, will be opposed by M, M. Stephens, of No. ih Salem. S. W. Dungan, of the Fourth district, will be opposed by Edward Tollison, of Franklin. In this district, the Seventh, which is exclusively Marion county^ Hiram B. Howland is opposed by W. B. Holton, of Bradley, Holton & Co., Aid C. F. Darnell. Howland says his re-election is assured, but Air. Holtofi’s friends, are equally confident. During his term as a member Air. Howland has been superintendent of the race track, on which the fastest trotting record for the year was made, and has been superintendent of the speed department. C. B. Harris, member from the Fourteenth district. is opposed by his predecssbr, J. A. AicClung, who had long membership on the board before retirement. W. A. Banks, of the Fifteenth district, who has served twelve years, will not be a candidate for re-election, and the contest for this district will be between D. W. Place and Aaron Jones, of South Bend. Mr. Jonet was the candidate on the Republican ticket for Secretary of State at the last election. The most intense campaign of the year has been between J. E. AicDonald, of Ligonier, and ft. M. Lockhart, of Waterloo. Mr. Lockhart has been a member of the board for about twenty years. Mr. McDonald was Senator from his county in

the last Legislature.

DELEGATE BOARD SENTIMENTS. Outside of the contests for office there is a sentiment among the members of the delegate board to have more to do with the management of things in the futnre than in the past It has been customary for the delegate board to meet and instruct the State board how to act, and the State board has ignored the instructions, so delegates say. The members and many exhibito-s charge that the board has been little else than a series of combinations and that many of the members were exhibitors and. received prizes at the fairs to which they were not entitled. This is said to Have worked- r a» much injury to the last State Fair as the business depression, World’s Fair, or any other cause. It is charged that one member won prizes in a department of which he was superintendent over entries that were snperior to his. The holdover members of the hoard are unanimous in saying that a rule will be adopted that no member of the board may become an exhib-

itor for a premium.

MISTAKES IN THE BOOKS. A special committee composed of Messrs. Downing, Claypool and iSankey was to have reported on an investigation of ex-Secre-tary Bagley’i accounts at a meeting of the board held lost night, but the committee did not have its report. This committee investigated a report that Bagley made in which he said that it ths additional 240 acres were paid for, the board would then have |20,000 left. The committee found that this was a miscalculation. The books and accounts were investigated and mistakes were found that required explanation. The committee prepared its report and Bagley asked to see it. lie took it and has not returned it. Chairman Downing agys that the errors were all clerical. The board held a short meeting last night at the Denison House to ratify the sale of the bonds recently issued to riiise money to pay the State Fair premium b. THE BOARD IN 8ES8IOS. It was 9:30 o’olock when President Officer called the meeting to order. The roll-calt of counties, districts and associations showed a small attendance. This is usual on the first day of the annual meetiugs, the delegates attending the second day, as that is the one on which the officers are elected. The address of President Officer dealt with the last State Fair. He said he had written to secretaries of fair associations in other States, and the invariable answer was that their fairs had been failures. The failure of the fair was a surprise, as it was almost unanimous opinion of the State Board th&t it would be at least no loss to hold one. Upon this the board had been sanguine in all its preliminary meetings. The cause he attributed to the depression general throughout the country, the World’s Fair and the Encampment. He compared the loss with that of the fair of 187«. The loss that year wac 57 per cent, of the total expense, and for 1893 it was 33 percent The board had survived a much greater loss before, and could survive the misfortune of 1893 with the same results. President Officer suggested a change in the rules and classification of the premium lists. The change should be radical, he said, and a committee should be appointed to examine the present rules and classification, investigate thoM of other fair associations, and receive the suggestions of exhibitors. This committee should report earlier than March 15. Upon motion this committes was appointed. It cousists of C. A. Downing. of Greenfield; M. S. Claypool, of Muncie, and Robert Cnrnck, of Clinton Thc^ president appointed \V\ A. Batiks and J. Al. Sim key, of the board, John Childs and W. W. Morgan, delegates, and Alexander Oliphant, of Pike county, as ths committee on credentials. SECRETARY KENNEDY’S REPORT. In beginning his annual report, Secretary Kennedy deplored the board’s inability “to tonch the masses of that alass of farmers who have learned to read and to benefit themselves by the information thus obtained.” Continuing, the report says: Matty of the States publish their quarterly or bi-monthly, aad sometimes monthly reports, that treat of every branch of onr now varied industries. The information thusdes-

SoS art these publications thak the public has learned to depend upon the agrlcultural boards of the States as tha source ot all statistical mattor on agriculture, and I can Imagine the amazement of my correspondents when I

say to them that the Agriculture hoe no i

statistics, aad respectfully refer them to our Bureau of Statistics or to our Professor Huston, of the Experiment Station oi Lafayette. 1 am tolly aware that we have not the iaedities for conducting this work and that ft cannot be accomplished without aid end without special previsions, but I know Oi no better place and no better time to disease this matter than at the meeting ot the representative agriculturists oi Indiana. It you shall aak me how this con be accomplished, I have views aad plana that to me seem plausible, end which are aa free as air; 1 wiugladly bear the burden ff the work attended thereto, but if you want it, if you want the Indiana State Board of Agriculture to grow in usefulness, you must let yourselves and your neighbors become interested and let us see If some of the greet sums of money that are expanded by the Start every vear, can not be need in the interest of the farmer, the stockmen, the mechanic and the “ittotore I shall atrtmpta financial statement of the affairs of the State Imard tor the year 1899, It becomes my duty to take you back to the statements made to the Delegate State board last year. Before doing thie, however, I desire to say that the year then

»d h ,‘S

ment of the grounds, a liquidation ofa vast indebtedness and a great variety oi duties and labors, doubtless hod a tendency to confuse one and cause him to lose sight of some matters that should have been stated at that time. But the statement that I desire to direct your attention to ia this: Those that were in attendance last year will remember th:A it was stated the State board had purchased thirty acres, improved and equlped it for a Fair ground, had paid a stated amount on old claims, etc., and that the board •till hod sufficient funds to purchase the remaining 134 acres, be out of debt, and have a comi or table balance in the treasury. It did not take many days to develop the iact that this was an error, and that if the board bod paid all outstanding claims and purchased the 134 acres mentioned, they would have had a debt of approximately 190,000. This then explains why we are stlllleosora and prepares you for the statement of the finances of.tbe beard

for 1898.

DETAILED STATEMENT OP RECEIPTS.

Amount on hand at last report g 10,646 47 Amount received from tbe 8urte 10,000 00

fetsS MM FOR OTIPLOim S-M

Amount received from tbe State.... Amount received from sale of notesAmount received from sale of bonds Amount received as interest on bonds............... Amount received as cash payment on tunnel......... Receipts from all sources a| Fair Receipts from rent of grounds and buildings in vacation Receipts lor advertising in premium list - Receipts from sale of hay and grain.. Collected from old claims

Total „.4119.009 85 DETAILED STATEMENT OF EXPENSES.

Members per diem 12,596 70

Salaries

Postage, telegraph and erpresa Printing and stationery Advertising .......... Construction and repairs Notes and interest

Insurance..

Furniture and tools Claims of past years

Miscellaneous ..A .......... Expenses offexhibition Premiums

Balance —

Total $119,009 86

STATEMENT OF FAIR RECEIPTS.

Fifty-cent admissions .$ 4,930 50 Twenty-flve-cent admissions 816 26 Grand stand admissions 1,069 00

Railroad admission Exhibitors’ admissions Special admissions - Speed entries Privileges Advertising in premium iist...

3,884 23

280 96

1,208 OS

760 87

2,325 88 77,672 77

258 63 146 92

6,771 88 1,225 G8 2,967 71 17,768 00

860 52

Total receipts...

FAIR EXPENSES.

Premiums Expenses of fair Postage, telegrams and express.. Printing

Advertising

....$13,170 81 ...*17,768.00 ... 2,967 71 .... 280 96 600 00 760 67

$22,877 34 UNPAID EXPENSES. Premium list 4 817 60 Premiums unpaid 689 60—$ 1,007 00

Total

Amount

ertiai

• vSTco tmncollet

$23,584 34

NCOLLNCTED CREDITS.

ncollected on ad-

sing $ 220 00 nt stall rent due 142 00

Am|p!!

Total T~362 00

Total receipts 13,170 00— 18,682 81

LOss on Fair PROPERTY SCHEDULE. [Taken January 1,1894. J Value of eighty acres and

improvements. $146,000 00

Value of improvements

on leased land....... 10,000 00

Twenty - four bonds of

face value 12,000 00

Value of furniture, tools and agricultural imple-

ments ; 2,656 00

Notes taken in settle-

ment for tunnel. 600 00

Amount from advertising in list Stall rent not reported... Balance in treasury j. Interest uncollected..

$ .1,861 58

220 00 142 CO 964 32

360 00—$171,831 00

2,198 75

Accounts and claims unpaidNet property value $169,687 25

The report of Treasurer Wildman showed total receipts of $47,907.65, and expenditures, $44,517.55, leaving a cosh balance of $3,390.10, against which there are outstanding orders amounting to $2,440.25. This left a net balance of $949.85. The treasurer also has on hands twenty-four Alorton Place

bonds, valued at $12,000.

The reports of Superintendent Peed and of the superintendents ot the sixteen departments of the Fair were read. They all suggested changes in the different departments. Superintendent Howland, of the ’speed department, suggested that no conditional entries to race classes be accepted in the future. These reports were by motion referred to the new hoard for consideration

when it organizes.

ELECTION OF OFFICERS.

The election of the new board will occur to-morrow, when it is expected there will be two hundred delegates present President Officer tfill retire and will, it is believed, be succeeded by J. M. Sankey, of Vigo county. Mr. Sankey has been a member for eight years. Charles F. Kennedy is without opoosition at secretary. Treasurer Wildman will not stand for reelection, and Edward J. Robinson, treasurer of the Driving Club, is the only candidate for this office. Frank Johnson, of this county, whose farm adjoins the State Fair grounds, wants to be superintendent of the Fair. He is opposed by E. H. Peed, the

present superinttMidenk

At the session this afternoon Governor Matthews made a brief speech. He urged the members of the delegate board to select good men who would advance in every respect the agricultural interests of the State. Mayor Denny then delivered a short address of welcome. He advised co-operation between the city organizations and the board to make every day of the State Fair

a success. The Engineering Society.

The Indiana Engineering Society met in room 93 this afternoon. About thirty members were in attendance. The meeting was largely a business one. W. M. Whitten, city engineer of South Bend made an address. Mr. Whitten urged careful inspection of plumbing in cities. He devoted some attention to droughts, holding that drainage was not the canse of dronghts. Tbe Elkerton methods of drainage engineering were discussed.Mr. Whitten was the engineer ia charge of the removal of the Momence rock and he gave la some theories about the rock and its relation to a pre-

historic outlet for Lake Michigan.

The committee on annual report and the

executive committee reported. Breeders of Short-Horn Cattle.

The Indiana Short-horn Breeders’ Association n}et at the Capitol this afternoon. The attendance was small J. M. Sankey, of Terre Hauto, was down for an address and a business session was held. J. D. Williams, of Bond Creek Mills, was asked to discuss “Our Interests at Fairs,” and Mrs. V. C. Meridith, of Cambridge Citv, had a paper on “What Our Favorites Did at the World's Fair.” P. F. Nye, of Goshen, was on the program with this sub-

ject: “What Constitutes

arrangements made for city STREET WORK.

Conference With the City Authorities —Applicant* Eor Relief at the Food Market—Tbe KationeThe Subscriptions.

10,600 00 66,857 72 16,800 00 1,022 70

801 75

13,125 81

647 00 194 00 116 CO 298 SO

93 60 288 00 29 25

3,861 00 1,320 21 1,079 00-

1*4 00

6 00 25 00 10 00 10 00 6 00

. 100 00

10 00 1 DO 10 00 500

. 10 TO

2 » 76 00 10 00

. 100 00 .12,046 48

$13,366 66

ERRORS IN THE INDICTMENTS.

Grand Jury Can Reindict, But Not Correct—Tbe Dividend.

a Model Short-

lorn Dairy CowT”

The Indiana Wool-Growers. The annual meeting of the Indiana WoolGrowers’ Association occurred at the State House this afternoon. President J. F. Tomlinson, of Fatriand, made an address, and reporta ot the ofoers were presented. C. E. Carroll, ot Hartford City, discussed “Wool Hand-

ling,” and C. A. Phelj

State Board of for gathering

try Tending” wa of Shannondale.

was the topio of

OQBtS,

Judge Baker, of the United States district Court, was at the Union station for half an hoqfr yesterday atternoon en route from Goehen to New Albany. He said he had received ne deAMte information as the errors discovsrsppfbthe indictments against Robert B. F. Petri* and E. E. Rexford. “It is the duty of the judge to look over the indictments and see that they are properly signed,”9d he. “I did that, bat hate not made a careful examination of the indictments. A clerical error is sometimes a serious error in an indictment. I can not understand how they could have been made.” “Can the grand jury be called together to correct these errors?” “Not to correct the errors, but to re-indlc* “Will you likely call the jury together for this purpose r . •‘Until the subject has been presented to rae I can not say what I shall do. I do not know anything about the errors at thie time.” The term of tbe United State# Court for New Albany began to-day. Judge Baker, the district attorney, the clerk of the court, and tbe United States marshal are all there, and none of them will likely return to Indianapolis before Friday. Tbe undemanding is that Judge Baker will not be in Indianapolis until Monday. It waa stated at the office of the district attorney that Assistant District Attorney Corr will not be here until next week. Check* For the Dividend. “Hie checks for the distribution of the 25 per oent dividend ought to be in Washington this morning,” said Receiver Hawkins, of the Indianapolis National Bank, to-day. “The cheeke were sent by expreaa Sunday night. After they hare been verified and signed they, will be returned to

Eli Lilly and William Fortune, representing the Commercial Club, bed a conference with Mayor Denny, the Board of Pnblio Works and Street Commiesioner Fisher in regard to famishing work to unemployed men. Mr. Lilly said the object was to give men work and thus have them pay for the rations furnished them by the relief committee. Tbe men would be sent to the street commissioner and he would use his beet knowledge as to where they should work. The city ie to furnish the foremen and what teams are needed and pay for them only; the oity to furnish time checks to the laborers on which committee would pay the men ia rations. Mr. Lilly Urged that a redaction of wages would give a chance to employ more men. The idea ie to have each man work one day or eight hours a week. The street commissioner thought the* to have a new set of men each day would complicate matters. This could be done with the work in Garfield Park, but would hardly do for street work. Mr. Lilly said he did not care where the work was done 10 it was beneficial to the city. He would be pleased to have a large amount of labor performed on Garfield Park. It was finalfv decided that the Question Garfield Park will be considered later. The street commissioner this afternoon ascertained where the men can be used. The committee will send fifty men to him in the morning. In ’f® Mr. Kramer’s question, Mr. Lilly said that the Commercial Club committee was the authorized one, and that Mr. Holliday’s committee was auxiliary to and worked in conjunction with it. AT THS FOOD MARKET. Business Done With Less Delay—The Applicants—Coat of Rations. The patrons of the Food Market in Pearl street, in the rear of the Commercial Club building, were not os many in number as on yesterday. Everything is now in shape and systematized so that those who come are waited upon more promptly than heretofore. The dispensing and investigating force, which has numbered fourteen, was to-day reduced to ten, and may be further

reduced.

' The greater number of applicants for food supplies came from the far northeast part of the city; those from the northwest and soutbweft are next in number. There are thus far few applicants from the southeast part of the city and it is noticeable that thus far there have been no J ewe. This is accounted for bv the fact that though there are many Jews who are in need they are being cared for by people of their own faith. The proportion of colored people though large, is not as great as it was expected to be, and there are comparatively few Germans, the applicants of American birth predominating. The rations now issued cost a few cents more than those issued last week. This is due to the fact that larger potatoes are furnished, the present supply being the best that can b€ found in the market. In moat cases the wholesalers and commission men furnish these supplies to the committer «t cost. The cost of rations is now as follows, in each case the issue to be one ration a week: For three persons, 41 cents; five persons, 82 cents; seven persons, $1.28: nine persons, $1.64. There are now 800 names, beads of families, on the books. The usual ration issued is for 82 cents’ worth The*Tnvestis ators of applications find an occasional fraud. An applicant who registered on Saturday was found to be keeping a boarding-house. When asked why he applied, he answered with great cheerfulness, and not at all abashed at the discovery of his knavery, “Oh, I thought it waa about the cheapest place we could get gro* ^Mr^Hanna is greatly encohraged by tbe success of the venture, which ia the only one of tbe Kind in the United States, He holds that the persons who obtain this relief under the imposed conditions saoritice ho self-respect, and that unlike other so-called charity work, it does not encourage or develop begging.

Ths Subscriptions.

The following additional aubscriptions hare been reported to Treasurer Hollweg of

the Citizens’ Relief Committee:

Jacob Metzger & Co 148 20 I. C. Faries - *.... 12 00 Indianapolis Foundry Company. $126 per month, total.— - - 441 00 Charles Sayles — - » <-0 McKee & Go. *•*-*• •»••.»*•»»,• ..*« 50 00 W. J. Holliday A Co - - SO 00 8. N. Gold A Co - 10 CO John A. Brown * 10 CO Cat heart A Cleland 20 00 Julius C. Walk A Son — 26 00 John Norris 6 00 George J. Marott 90 00 H. Bamberger. - - - 5 00 L. A. Huisman.. - - - * W Harry M. Wood 6 00 H. C. Pomeroy — WOO D.W. Smith — J00 Cincinnati dye house J 00 Horace F. ^’ood 4*** W 00 George FUte t 00 Egan & Treat 25 00 Marie Rbodius... - - <*> Augustus Murphy WOO Canon & Hollenbeck - 2a 00 PoWell F. Smith 5 00 LaUey Bros -— J 00 B. H. Herman A Co 2 00 Kibble A Fisher. 2 00

J. T. Power George C. Pearson F. W7 Hays Tuttle A Segulu .... Herman E. Martens... Journal Newspaper Company Dyer & Rasemann - M. Matt Fred Riebold James Conniar Fred M. Herron. A. Setlg When employes—..,. George P. Marott When Clothing Company Previously reported Total to date

to believe,

at the office of the i

when he i to sign a >

checke will be ! first of next week.

Receiver Hawkins still

the certificate of trout the street John < . Wright,

honor the certificate I proved by tbe preen the brotherhood. Mr.

there art several

which the street-car]

In every case he

certificate signed by organisation onl*.

I

What District Attorney {•pedal to The Indians nods II New Albany, January t, Attorney Frank Burko was seen ing regarding the chargee that tile meats against Peirce and Rexford in the Indianapolis National Bank failure bad been altered. He aaid: “While I have not sees the indiettaents since they were returned, if there is any evidence of any alteration^ <«“ erasures ia any of tbe indictments, invest!gatioa will disclose that they were made ia the office of the diatrtot attorney before they were presented to the grand jury for the purpose of making the indieuneuts conform to the foots in the case. If the name of any other person than the one sought to be indicted appears m any of the moictiuents, it ie c*used by the miaplaoemeat ot eome of toe typewritten page* ef the indiotinent ft there is any necessity for recalling the grand jury that body will be recalled/^ THE GARFIELD PARK DAME. City Fnglnowr Brown's Heport On the Proposed Improvement. The Board of Public Works announces that it is desirous of beginning Work on the 'proposed lake in Garfield Park os soon os possible. City Engineer Brown this morning filed his report as follows ia the beard’*

office:

Th* survey of Garfield Pork Is oomoleted, (ervinff an assess and we are prepared to lay out any desired Lcsuon houses amount of work la making a lake at the t i 0 n nousee were

Amount

juncUon cd the riro streams flowing through to Dnild 1 K* dUU, Whljk should***!^ raise the present water level at low water more than five feet, and should have an ovarian ot about the eame width as the present ohannel. 1 propose to locate this dam about fltty leet above the bridge across Pleasant run. It should be of stone, with stone Welle connecting the ends of the dam with the bridge abutments, an apron at the loot of ths tall, and stone paving on the bottom from the dam through the bridge. The cost of this construction I have roughly eetimeted at fs.coo, not including the earth embankment necessary, as that con be mode in large port from the material

excavated irom tbe stream.

Any amount ot material deair ed oan be excavated to enlarge the lake formed by tbe dam. A lake of a uniform depth of five leet oan be formed by excavating about twenty tbousand cubic yards of material which will cost about 16,000. This lake will have a nearly constant water line, floods Increasing thr area of tbs laks but little. It will be aoout { 800 feet square at the lower end with two branches, each about 100 feet wide and 700 to 800 leet long. Any increase In sice will require materially greater amounts of excavation for

yard of area added. Th

thsTe^Tt? I murder: th.t be deuiled on toe vase tion to the ense. went to a Court <

leg dressed. He had been shot and the ballet remained in toe wound making a bad S& ££. MS

» b-lnn tk>t Um »m « rtlumn.

SEW YORK STOCK The Y.ap U«s»n With

, Eaeaverj ffiffia

Ntw Yona, January 1—The opening of l ness on the Stook Exchange for toe year

and prices gen-

t&A ^lofting

cent la iba

pressure to sell was fl down '.At per cent.

Gas and Sv

lie ^ im;

marked

•rally H#lX P«r «■»*• pries* of Batorday per cent, higher, bnt

.usqueha

Louisville A Nashville lost the improvemen Shortly after the o

took place in the general Tbs improvement waa of bear raid was made on the first-named broke per cent. Cotton Oil and advanced iJi per oe The publication of the sation did not cause tbe iu the securities of the «J sion in th# stock market

near noon. Central Pacino change in the terms of the. lease. Missouri Pacific dropped IJt Shortly nslore 12 o’clock 1 speculation underwent A change i airly strong buying Movement

vauccd SffiiS-

pboAVtna nrronKartow.

topper

:

each square

room near by

40,000 cubic can probafil

for the deposit yards of mat be excavated for

can probably be excavated for al The lake formed by excavating will be sligbtly’iargsr in all its

than the i tge lying

park can be utilized to car;

>ere is

at least

which

t $10.C0). 000 yards ensions,

which was bought on eeturaaoe that a illation plan oan be neneoted witnons

assessment on tbs stock.

tousos sold St. Paul andeuMitS-

sion nouses were also seiMra. Catnmaok bought a lew scattering lota and < mered at the extreme decline.

houses told Chicago Gat and stop orders were

reached.

Tbe Keene brokere bought at the drop.

Sugar was one of weak leaturera, owing to

absence of inside support- , . Crowd at The opening were in L. A N. St. P. London and Rigney wore tho pi sellers ot L. & N.. although tbe market

wiCiK'li

"fhe slump in Sugar is dan to the fket that too price of refined has been reduced this morning He, hi addition to the. reduction of kc on Saturday, making a reduction of %o lino*

Friday.

The annual meeting of stockholders of the American Sugar Company will be held tn Jersey City January 10, tor election of lour direct-

ors, and other businees.

A house with good Washington in'ormstion save: The decline in sugar this morning baa not been wholly dbe to the reduction of tbe price W refined. We hear that the ways end committee discussion last niaht was • igethsr harmonious, and the objection

- G Yn

except depth, than the one above described.

‘‘ ' on the gropnd in the

_/vUs V

The old' brid,

- rr 7 north side oi the lake over tbi

the

e arm. Abutm#

on ths

f ths lake ts will be

_ Abe to

price T

means HHH

not altogether harmonious, and the objection on tbe part of some members to any steps looking to bond Issue is turning attention toward th# matter of restoring the duty on sugar with n view of meeting the deficit that way. An impression prevails that if an attempt is made to restore the duty on sugar there will be an effort to have the same amount placed on both

raw and refined.

KAKB.

running up Pleasant run. required tor this bridge.

It is possible that the soil is'so porous that toe water will run out through the bottom of the lake unless it is covered with stiff loam or clay. If so it will cost, perhaps, $5,C0Q to so

cover the bottom.

Tbe first thing to do ia the excavation for th# bottom, and that can be proceeded with in such manner as to leave a proper lake basin should the work be stopped at any time, additional excavation simp.y increasing the size of the lake. But little of the excavation will be under water as above laid out, tbe soil

being token out to the low-water level, andJ «- : bicago uos n the depth of water produced by the dam. Am. Sugar Ref The depth can be increased at any time to National Lead,

any desired extent by, excavating below the water level by dredging or otherwise, but no such excavation is included in the above plan. The above estimates are rough, but are, I

Kcprefentativ^Springer expresses^thf optnbounty? and that a duty of lo a pound will be put on both raw and refined sugars.

ran QUOTATIONS on STOCKS.

[Reported by J. K. Berry. Board ot Trade.]

think, fully large enough.

The Owens-Biggs Murder Case. IBpoctal to The Indianapolis riSwa.i Brazil, January 2.—The famous OwensBiggs murder oase was called for trial in £he Superior Court this morning. Tbe courtroom was crowded to suffocation ]vith spectators. The murderer, Owens, has been imprisoned in the Greencastle jail for safety, and he was brought here to-day. He is a little, shriveled-up man, with a villainous countenance. Tha murder was one of the most brutal that ever occurred in the county. Several months ago he met James Biggs, a most estimable old gentleman, on the streets of Clay City, and without the slightest provocation drew a revolver and shot him through the heart, causing instant death. The feeling in the neighborhood is very bitter against the accused. DAILY CITY STATISTICS-

Am. Cotton Oil Co...., Chicago Gas Trust.....

Refinery, ad, com...

National Lead, pld... Atchison .......i C„ B. A Q -J........ Northwestern, com...

Rook Island..

120'

9«H f

Ifi

122 7 *

19 88

82k 20 k

Birth Returns. James aad Bettie Lauderbaoh, . .uglasa at,

boy.

Y. E. and Myrtle Daugherty, 879 N. Missis-

sippi, girl.

Harry F. and Mary P. German, boy, John W. and Sophia Sims, 168 Davidson,

K Howard and Florence Bardin. 866 Virginia,

* Ira M. aad Jessie Heath, 208 Fletcher, boy. Harry and Daisy Goldman, Brookside and

RuftU, girl.

'A. and M. Duckworth, 175 Huron, boy. A. J. and Louisa Schmidt, Dorman si, girl.

Death Returns.

Edna Boynton, 21 years. New York and New Jersey, eon sumption. C E. Momson, 28 yean, 474 Bellefontaine,

cardiac dilation.

Rose Gordon, 72 years, 6 Woodruff, gastric

catarrh.

Ed Green, « years, Noble and Washington,

tuberculosis.

Florence A Luts, 8 months, «B7 Dorman,

meningitis.

Raymond L. Gordon, 4 months, 114 Brook-

side, diphtheria.

Samuel 8. Matte, 88 years, 66 Sheldon, cancer

end old age.

Isaac Rop, 48 years, 48 Lock, chronic bron-

chitis. Marrlage Licenses.

Joseph N. Morgan and Alice M. Britton. William M. Elkins and Laelln Brickerd. Frederick Boon end Ida F. Mver». John Snyder and Margaret Hill. Charles Schimmel and Gertruds Watts. James E. Watson and Neill# Riley. Elmer L. Corhsn and Laura Belle Locke.

~

Oliver R.

Real Estate Xroustore.

Francis M. Berry to Georgs W. Lancaster, lot 22, Lancaster's Belmontavenue addition Alice V. Hatton to saase, lot 08, Floral pgf][» _ , u Conrad Jennings to Alii* V. Hat tool

same lot

Thomas A. Morris to Selenia J. Morgan, lot 57, Morris’s second addition 2,600 00 Eunitable B. and L. Association to William W. Knapp, lot 17. b’ockS. Cavea A Rock wood’s East Wood-

lawn subdivision.

Harmon J. Everett, administrator,

to same, lot 11, senas block Wirt W. Hal lam to Clint lot 80. “Highland Place Alexander Avritt to Bnori lot 07. Ruddell Af^

Place addition — • William A. Collamors to James L Barntt, tort 12nnd 18, Hamlin’s subdivision of part ef Drake A Mag* hew’s addition 100 00 Albert Eilig to Ern4 Kottlowski, tot

E^fc5SSSF!te"«A. ““

hard EUi*. lot I, same block 1T» 00

St. Paul, com.... Missouri Pacific

Union Pacific Western Union North American CD... C., C.,C. & 8t. Louis.. Louisville A Nosh Erie — Canada Southern Lake Shore New York Central New York* New E....

Manhattan

North. Pacific,com.... North. Pacific, pret.... Hocking Valley Del., Lack. & West

Beading..... O.. St. P., M. A O.. Edison Gen. Elec.

Die. & 0. F. Co Wabash, pref. Tennessee Coal Delaware & Hudson... Money 1(181% per cent ’

Sales to noon 78,610 shares.

The Money Market,

New Yonx, January 2.-Money on call easy

Prime mercantile panel

, with Uctuid

mand and at 488V»r9483% for sixty day i. J Posted rates 484%$i4»7. Commercial bills 482M0482V,. Silver certificates 00% last bid; no sales. Bar silver 67%. M exlcan dollars nominally 56. The Canadian Pacific Dividend.

The directors of too

„ _ _ daoltrifl semi-annual dividend of 2% per cent, on their

svr’kmmsvn Af irnlr. *

08

68

%

i

18 IfH 12V, W.\

U}i I4W Uii

8i& 180H 12i‘, 129#

SI 1

New Yokk. January

Canadian Pacific railroad have

common stock.

The T. H. A I- Dividend. New York, January A—The Terre Haute A Indianapolis Railway Company has declared n semi-annual dividend of 3 per cent Bonds in New York* New Yonx, January 2,—United State# 4a reg., 113; do 4s coupon, ex. Interest, 112; do 2a, 95bid; Pacific Mof’96, 102. stocks in Loudon. London, January 1 — Consols

1. n market for both short and three months’ ills Is IXQIX Per cent.

The Liverpool Market.

Livbefool, January X—Wheat—D mand poor; No. 2 red winter Is 2d. __ .Steady, demand lair; new mixed 4s 2d; futures steady; demand moderate; January 8s UHd,

all*, doCorn -

lark and Georgia A. Williams. Shaw and Susannah D. Onion.

urea no demand.

Indianapolis Clearings.

January t

imber 20..

* 3S0 00 Deoemfi

500 00

600 00 Toledo

Balances, $65,694 61 62,654 01

Toledo Market.

January 2.—Wheat—LOwdt;

.•"“lES&'SSSpi.iSfS

2,400 00

064 81 760 00

Dull; cosh 29‘to, Mnv 8IH0. 51c. Clover Seed—Higher, and January $6.70. February $6.' The Cincinnati Market.

Cincinnati, January t —Flour Wheat—Nominal si 6O0. Corn-Steady

ris^osn^ Steady.

barrels- . . New York Colton Mseket.

ye—Firm at ft#. Whisky—Quiet;

—Quiet.

sales SOS

lot 100,

tion

John Button to southwest ship 14, ■ quarter, —■ S.sseWsj

BEWARE™ GRIP

in Sutton,

, section 21. tot infisssL.

176 00

2,100 00

Dr. Ednon fmro another epidemic, and no undo the alarm. In htng and chest pains, coughs, colds, hoarseness and pneumonia, no other ex-