Indianapolis News, Indianapolis, Marion County, 19 December 1899 — Page 9

THE IXDIAXAP0LI5 XEWS, TUESDAY, DECEMBER 19, 1899.

KBIES FOB EILIOTT

TTBST

WAJLD BAUDOTS F.TAMUTED I3T OOITRT.

Candidate.

GAIN OF 16 FOR ELLIOTT

MAVT BEPUELICAH BALLOTS WSBE UNCOUNTED.

n'lU

Democrats Said They Bore Distinguishing Marks, but the Court

Held Otherwise.

The trial of the •lection contest case was resumed In Circuit Court this mornins after tba trunks, full of ballots, had been brought In by the porters from the safety deposit vault The work of examining the ballots of'precinct* went on. The argument between attorneys at this stage of the case, 1* as to whether the ballots In controversy shall be admitted in evidence. If the court admits or excludes a ballot offered by either side. he may later change his ruling, according to the evidence which may be Introduced, or if ht* consultation of legal authorities convinces him that he ought to do so.; But if he does not change his ruling the ballot counts for

• j *

M

i

H*

EXAillKIKO THE BALLOTS IX THE ELECTION CONTEST CASH

vislod ao the jbner^caa jOde areuiJf Ike ' end mt the raptds. at the band of the Niagara rfver. whlah canal would afford

uangakie ehannol than the

preeent one through the rapida The hoard esttmaiaa the ooet oi the imrulattng work at rMJSS, of lock and canal. r_aAMT. The level adopted by the beard for the regulation of Lake Erie Is about BIT- ffre-teoths of a foot below the level of

i extremely high water.

It Is stated that the proposed modifi-

cations of the outflow of Lake Erie will not materially change the total volume of discharge, nor Injure the navigation Interests of the lower waterways. In the

Continue opinion of the board, one result would

be to raise the low-water stage about

Mtmcj Owed to . Hoob^d

Goes to the Wife. H Auction is called to the fact that

j the project would be of an interne-

The Supreme Court to-day heard an tional character, and could only be caroral argument of the case of Charles **ed wit after agreement between the I-.....- ™ . Kl » <*,.♦„ „ 7,—-4 I nlted States and Canadian governFred Kisse.. va the State ex reL, ZUnn tnentx The report Is signed by George C. Lewis. This la the suit in which f B Wlsner chairman: IJeut.-CoL C. W. Judge Christian, of Hamilton county, Raymond, corps of engineers, U. 8. A,

and Alfred C. Noble, the engineers com-

prising the Deep Waterways Board.

‘

X'idM Ml thi

mi mse is mm

QBJBAT DffTF.BEST TS )OL

TEA'S OOJfTEHTTOJfS.

Judges Urged Him to

MM SALOON KEEPERS

WAJLD JETTKDXB BESULTB TS TSDIOTMEHTS. About Sklooag Open Anar Moxzn jLeaas to Action by Grand Jury.

the aide which offers it In evidence. In the case of tlie firat ballot offered yeaterday afternoon, the court may reverse a ruling In accordance with evi-

Introduced to show

ird Councilman But t la believed that the

dence that may 1 that it waa count, voted for except t in the other canes

rulings will stand, j Gentle Rebuke Administered. Mr. Bpciicer waa’late again and the court administered a gentle rebuke, admonishing oil. the attorneys to come on time, especially those that carry the keys to the trunks He said that the trial might take months If dllaiorv tactics were adopted, or it might be tried In a few days, and he meant to got through with It as aoon as possible. The firat ballot was offered by the Republicans, from the Sixth precinct of the First ward. It was a pro tee ltd Republican ballot, not counted The Democrats objected to its Introduction, asserting that It bore distinguishing marks. The mark in question was a double pendl stroke in making one line of the cross under the eagle The Democrats asserted that the mark was exactly the same as one on a Democratic ballot, which the court had thrown out yesterday. Judge Allen over-' ruled the objections, and counted the ballot for Elliott, hit opinion being that the double mark was not intentional. Many More for Elliott. The second ballot was also a protested Republican ballot, not counted. It bore Indistinct dot* of ink -on the Prohibition ticket. Judge Allen counted this ballot

aluo for Elliott.

The third was a protested Republican I.allot, not counted, it was tom In one

and tnen the Dear ocraU would otfer the j Democratic batiot*. the oppoetpg side at- > ways objecting to the Introduction of i

each ballot and stating its reasons. Bay BalloU Were Destroyed. The Court examined each ballot to J turn, and sustained or ovel-ruied the;

objections to Its Introduction. In each '

te»e hls effort was to determlhe whether

i the marks were accidental or were such i as might have beets placed on the ballots | as distinguishing marks Th|-e* of the

Elliott ballots' were found in the Third precinct and the one Oeckier ballot was found in the same precinct No oral evidence will be taken until 411 the bai lots have been ruled on In th|D manner In two precinct*—the Fourth and Fifththere were no ballots preserved, thougn the Republican attorney* assert that there were four uncounted ballots in the Fourth and ten In the Fifth, a 1 of which

for every candidate j Mjfy *■>'• w * r « destroyed by She election

1 officers.

This '•rder of thing* cont the dlxth r»r*H»n't was firti more uncounted ballots be! for Elliott, making a train of together for him in this precT;

rases the murks which the |Democrats_ contended wire distinguishing marks,' were. In the court s opinion, merely Impressions marie by folding the jballots. In some caaes the marks were plainly meant foi crosses, but the ballots 1 had been thrown out because the marking was ir-

v%i .*•* A c* #- K r* I f ■e.sMrs* K M *» cr

PETITI1 IS BEINC SICKED IRE WIEEIHG TO SETTLE

ASKS REINSTATEMENT OF DISMISSED FIREMAN.

tued until

Harry Barbee Accuse* Superintendent Quigley of Conduct Unbecoming an Officer.

regular, as if made with aj trembling hand. There were only fotlneen uncounted ballots preserved In this precinct, and the court gave them all to Elliott.

The Democrat* Gain, Too.

In thf Seventh precinct tWo| uncounted

ballots were offered by the wMch had been counted, u for Oeckier. Both bore rou: Ink In the corner, and these asserted, were disUngulehlng court sustained the Democ tlona to the Introduction of t though he remarked that t he s *splclou*. Another ballot 01 Republicans also had been Gee Her under protest. One

Several hundred cltlzena of the Second ward have signed a petition asking for the reinstatement of Thomas 8 Smith, the long-service colored fireman of the

ed. seven ! Nines, who was dismissed by the Board admitted ) of Public Safety. The petition wa« on file urteen al- Rt Timberlake’s drug store. In College

l,.# .1 fit most , . ' a. x a ' a avenue, last night, and nearly every man

that came In signed It.

Albert Rahrn, who waa one of the callers, waa asked to sign. He declined and paid to the men in charge of the petition that he did not believe Mayor Taggart knew what was being done He is raid to have predicted that when the Mayor returned he would see that Justice was done. Patrolmen and firemen who were dismissed by the Board of Public -Safety are still aroused over the Injustice of tletting them go on the alleged charge j of inefficiency, and are causing the administration no end of trouble by expos- ! ing the inside workings of the depart-

I ments.

Resentment of Saloon-Keepers. Charges are made that saloon-keepers

ubllcuns.

{,. protest, d blots of ots. It was

rks. The

tic objec-

haltota.

lots looked red by the unteo for f the lines

EX-COUNTY OFFICERS WILL NOT FORCE LAWSUITS.

Plan was Agreed Upon To-Day at a Conference in County Attorney Brown’s Office.

corner about an inch. The Republican* except the two that conflicted, The balcontenued that to might have been torn tot *aa therefore credited to Oeckier.

In the Eighth precinct no ballots had been preserved, though the tally sheet showed that there were twenty-four ballots which bore distinguishing marks, or

In the cross at the head of; the ti< ket ha<1 niuch to do with some of the diswtot double, so that the mark might be missals. Some time ago orders were laa distinguishing mark. Tbe court here, sued prohibiting patrolmen from entering ajso. sustained the objections cf the Dem- saloons, and It is said that a number of

them at times entered the saloons to give

thl pr^^ Th^offerS m°evXiie J h ** Proprietors a ••calling down" for vtoa Democratic ballot which had not been latlons of the law. The saloon-keepers counted, for the reason that seven c&udl- resented this Interference and appealed date* for councilman-at-large had been to headquarters. Patrolment say they voted for. The Court said he would hold were obliged to ask permission before an In all such cases that the bstllot sjhoum arrest could ^ mad<i and clte the

County Attorney Brown is rejoicing over the prospect of closing several of the cases against the ex-county officers, which were developed by the'examination of experts Book waiter and McCaslin. j without bringing suit. A conference i was held in hls office to-day, at which It was agreed that a suit shoud be filed against ex-Shertff Robert Emmet, and that Emmet should immediately confess Judgment for 1591, the amount of fees

which it was decided at the conference 1 nuisance,

he had retained illegally. It was discovered that IfjOft of the original amount set by the experts was not illegally retained, but that, by a clerical error, it had been entered on the books as fees for serving court process, when it should have been

granted an injunction forbidding KLsaeil to continue running his place In Capitol | avenue, north of Fall creek, in such a manner aa to constitute an alleged nuis- j a nee. After the Injunction was granted, ;

KiaeeU turned over to his bartender the Florence,

management of the place and waa absent ;

from Indianapolis for some time. But he was cited before Judge Chris-

tian for an alleged violation of tbe Injunction. by permitting the place to be conducted In a disorderly manner by anybody, and was fined by the Judge. A similar suit against the proprietors of FaJrbank, by residents of the neighborhood, was tried a short time ago at Lebanon, but it has not yet been decided. Both the appellant and the appellee were in court this morning to hear the argument. James E. McCullough presented the argument for KisseJl. and Ell F.

Ritter represented the appellee.

In Defense of Kisaell.

The alleged errors relied on by the appellant to secure a reversal of the judgment related to the question whether the conduct of the employes and visitors at Kissell s place had been such as to cause any special damage to Lew-ls, different from that suffered by the general public from alleged violations of the law. Mr. McCullough argued that the only evidence by which it was attempted to show that Lewis suffered special damage was inadmissible. This evidence related chiefly to the probable selling value and rental value of property near Kissell s place. If the latter were removed, as compared with such values when operated by Klssell. He urged that the mere fact that liquor is sold at a saloon in violation of law does not constitute a private nuisance for which an individual can recover damages, unless he suffers some special and particular Injury by reason of such sale, even though it should constitute a public nuisance. He also insisted that the evidence did not show Kissell’s place to be any kind of a

A TOWN BURNING.

s.

C., May Out.

Florence. S. C , December IS.—A disastrous conflagration, which threatens now to destroy the entire town, started here early this morning. The Are started in ths City Hotel, in Evans street. The hotel. city hall. aBnk of Florence and five two-story stores have been burned. Oth-

er buildings are now burning.

Darlington is lending even aid the entire population of this place to at work to save a part of the buslnes sdtotrlct.

In Favor of Annexation.

The directors of the Commercial Club to-day adopted a resolution urging the annexation of Irvington and contiguous territory to the city. A resolution favoring the admission of telegraph com pan ice other than the Western

I'nion into Cuba was also adopted.

Tbe county grand Jury has returned icdlctmertg against sai >on-keepers who, it to alleged, were violating the closing law the night Albert Ward, Jr., was killed by Maurice Dalton. This forenoon warrants for the arrest of several saloonkeepers were placed In the hands of the sheriff, and about noon William Seldenstlcker. who has a place at No. Ol South East, was brought In. He gave bond for *100 and waa released. It to alleged that

be Wiped his salooe to one of tbe number visited

bv Ward the ntght he was killed. Other warrants were neat out this afternoon.

ostod by private teachers,

tow tn the «fBo* of

MarrtoocL He praeuaed la and went to Oklahoma at tbe thai territory. He wrote ae aj terrttortoi government, waa

Btatea Atteraar |J| ^ totraUeo^He^Ta* 0 *aSHIdtor* tt?^ pototment bp Fairbanks and ~ 1

United

FIGHT IN A SALOON.

One

PERSONAL AND SOCIAL.

Miss Lucetta Field, of 8t Louts, is visiting Mrs. J. P. Murray, at 2227 Broad-

way.

Man’s Neck Cut, Another’s

Scalp Laid Open.

W H. Hickman, colored, living at ISM iAfayette street, was slashed across the neck with a knife in the hands of Henry' Brown, also colored, living at 714 Roanoke street, during a fight this noon in a saloon In Weet Ohio street, between tbe canal and Weet street. Brown was struck over the head with a shovel and hls scalp was laid open. Patrolman Hite and bicycle men Lancaster and Strelt arrested both men and took them to Bobb’s free dispensary for treatment Neither is dangerously injured. Brown was in the saloon, drinking, when Hickman came in. The latter, tn a playful manner, tapped Brown on the head with his fist and this started a fight. Brow* drew hls knife and made several vicious lunges at Hickman, but faUed to cut him. Hickman then seiged a shovel and struck

CASE KNOCKED OUT. Moaagtt'g Bribery Charges fail to the Ground. Columbus, O.. December it —Tbe »ui prase Court ha* dismissed tbe bribery case of Attomey-Genend Moanett I against the Standard OU Company. It will be remembered that tbe Attar - , ney-General furnished information to tho effect that be was approached by ^herlra Squire, of Now York, with a bribe of WAO 1 * If he would permit tbe coma pending against tbe Standard OU Company. to go by default. It waa claimed that Mr. gqatoo was the representative of F. R Squire, eecretary of the Standard OU Conmanv Frank Haskell and Frank Rock.fVltor'i •on of tbe president of the company. ', The court dismissed the earn on tbe ground that tbe Information doe* not connect the Standard OU Company with the attempt at bribery stated tberoia. WOMAN ATTORNEY DEAD.

tl

Mr. Ritter’s Argument.

Mr. Ritter urged that a saloon in a residence neighborhood, conducted as he insisted Kissell’s place was proved to have been conducted, is necessarily a nuisance. He maintained that Klssell was shown to

for transferring prisoners. Therefore, he have gathered crowds of disorderly per-

be counted for every candidatj

The ballot

niter u was pul lit the box.

vaa counted fur Elliott.

Still another protested, uncounted Republican ballot waa introduced by the Republicans. It was torn. Ths Republicans asserted that tie evidence waa plain that it had been torn by pushing It into ths ballot-box. The objections of the Democrats were overruled, and the

ballot was counted.for Eiilott.

A Republican protested, uncounted ballot from ths same precinct bore, the Democrats asserted, distinguishing

marks made with blue pencil in

shape of small dot#.

Ths Republicans contended that the dots were made by ink and were the result of the paper coming tn contact with other paper on which the Ink waa fraih The court admitted this ballot, also, for

Elliott

A protested, uncounted Republican ballot that bore a blue mark in the Prohibition circle, whidh ths Republicans asserted was simply an imprssaioti made by contact with the cross in the Republican circle, was then introduced; the court counted the ballot for Elliott. He said there was no question but that the

mark was caused by folding. Got Into an Argument.

The next protested, uncounted Republican ballot caused an argument. Mr. Bell objected to Mr. Noel’s speech describing to the court the marks on the ballot and telling the reasons why, In hls opinion, the ballot was not counted. Mr Belt said the ballot spoke for Itself, and Republican counsel had no right to inject speeches of this kind in the record. The court ruled that counsel might describe the ballots If they wished, ss the court would have to use his own judgment anyway. He said the Supreme Court, If the oas« should go up, would not be Influenced b> speeches of counsel. The ballot was counted for Elliott,

What ths Gams Means.

Republican attorneys In the case, and politicians watching the proceedlnga. expressed surprise «t the gains made In the first ward. This to not the ward, they say. where they expected Elliott would profit moat by the contest, and they are very cheerful. At the ratio of gain shown to-day Elliott will gain 240 votes In the city, while Geckler’s plurality was

only IM.

The preserved ballots from the Second

Hls objec-

holdlng

ilch "other sferred to.

were mutilated. Mr. Bell Objected to the Introduction of this tally sheet as evt dence. for the reason, he said, that the

Republican* had said nothiu precinct In ihelr complaint. Uon was overruled, the that the last paragraph, in precincts and ballots are

covered the case.

. In the Ninth precinct no [ballots had been preserved, though the tally-sheet the i showed that thirteen were mutilated or bore distinguishing marks. Another ob- j Jectlon- by Mr Bell was overruled here, ; he contending that this part of the tallysheet ought not to go in evidence, there being nothing to show theaw destroyed ballots were marked or for whom they

should be counted.

The bag from the Tenth precinct wa* nlso empty, the tally-sheet showing four ballots mutilated, or bearing distinguish-

ing marks.

In the Eleventh precinct the Republic- ; an* ofi'ored two uncounted Republican ballot* In evidence. Both were marked with straight lines Instead of crosses, 1 and the Court sm-tained the objections of j

the Democratic attorneys.

The Democrats offered one ballot from this precinct. It was a straight Democratic ticket, every .candidate being | marked, but no mark being placed at the head of the ticket. The Republican obJectlon* were overruled, and the ballot

j was counted for Geckfer.

The bag from the Twelfth precinct was * empty, the tally-sheet showing four mutilated or illegally marked ballots, whleh should have been preserved. The same was true in the Thirteenth, the tally-sheet showing that three ballot* should have been preserved. There was nothing in the Fourteenth precinct. This ’ completed the First ward, and court adjourned until afternoon. Elliott’s net

arrest could lie made, and cite the case of Henry l/loom. who was brought in. this morning, for selling liquor after 11 o clock Saturday night at his place, 423 West Ohio street. The question arise* why Bloom was not arrested Saturday night instead of by warrant this morning. Dismissed patrolmen also say that orders were issued by Superintendent Quigley

about this not to molest policy-venders. It la a sig-

nificant fact, the men say, that no arrests have been made during the past two or three years, even after the location of headquarters of the different companies have been published, time and

time again, in The News. He Accuses Quigley.

Harry Barbee, one of the dismissed patrolmen. said to-day that he intended to prefer charges against Superintendent Qnlgiey for conduct unbecoming an officer. He said that on Sunday night, after the close of the State Fair, he was called into the captain s room at the police station. After listening to his explanation of an alleged breach of discipline, the superintendent said:

"You are a liar. - ’

This remark was repeated, Barbee said, five different times, and in the presence of all the sergeants on the force.

was legally entitled to the money. Are Willing to Settle. The other two ex-sheriff* who were found to have retained fees unlawfully are Albert A. Womack and Thomas P. i?hufelton. The former to expected to settle the claim against him, which amounts to SS.M0, to-day or to-morrow, and the latter, against whom there is a claim for $2,600. In a few days. Ex-Treas-urer Holt has notified Mr. Brown that as soon as he returns from a trip out of the city he will take steps to settle the claim against him. and Mr. Schmidt, the present holder of that office, declares his willingness to settle as soon as the attorney can prepare the papers. The cases which are causing Mr. Brown the most worry are the two against exRecorders Schilling and Donnelly. The j action against Donnelly has been taken to Morgan county on a change of venue, and is standing in that court awaiting argument. Judge Grubbs, of the Morgan Circuit Court, notified Mr. Brown yesterday that it could not possibly be heard before the February term of court. The case against Schilling is resting In the Circuit Court of this county on a de-

murrer.

CLERK DEHM CONFESSED.

sons at hls saloon, who disturbed everybody In the neighborhood by boisterous conduct and vulgar and profane language. He urged that extraordinary conditions demand extraordinary remedies, and that a saloon which disregards all other restraints should be controlled by

mandamus.

The Judges manifested great interest in the argument, and when Mr. Ritter offered to quit at the expiration of the allotted time, urged him to continue until the argument should be completed. Must Pay to the Wife. Mary Brackett, of Indianapolis, sued her husband, Sidney G. Brackett, and a number of persons who owed him money, alleging that he had deserted her and her child. She asked that w r hat his co-de-fendants owed her husband should be given to her for the support of herself

and child.

Brackett attempted to defend himself by showing that he had raised a family of children that hls wife had when he married her and that she had treated him so badly as to force him to leave home, with the purpose of bringing suit and having his money turned over to her. Judge Carter decided against him and ordered that hls creditors should pay $200 to the wife. He took an appeal to the Appellate Court, which to-day affirmed the judgment.

Mr*. D. B. Sweetaer and her mother. 1 Brown over the head. The bartender Mr*. Field Bweaey, of Marlon, are visit- jumped between them, but Brown sprang

to the

MONEY PAID FOR SWORDS.

Quartennaater Richardson is Unable to Got It

Trusted Employes of Kipp Bros. Are in Trouble. \\ Ullam F Dehm, 127 Hast Ohio street, and (.us Klotz, 1223 South Meridian street, were arrested, last night, on charges preferred by Kipp Brother*. 37 South Meridian street, who en.ployed both men. Dehni ha* been a clerk in the house four years. The firm has, at various times, missed merchandise and articles from the store. Klot*. it U said, helped Dehm dlspoee of the stolen plunder, and a charge of receiving stolen goods was placed against him. The charge against Dehm is grand larceny. It Is said that the losses to the firm through the thefts will aggregate about *1.000, but Dehm. who confessed, said the value would not reach one-third this amount. The case waa continued In the Police Court until Thursday. QUICKER CAR SERVICE.

H. Won Hi. Point. The Supreme Court to-day overruled the petition for rehearing in the caee of the Louisville & Nashville Rairoad Company vs. John M. Kemper. A judgment for $7,000 damages recovered by Kemper waa affirmed last May. He sued to recover for the loss of hls foot, which was crushed while he was trying to couple some freight cars’ in the railroad yards at Evansville. He asserted that hls Injury was due to the sinkin*; of the track on account of the action of water which had leaked from a large tank belonging to the company, and his contention was sustained by the courts.

B. A. Richardson, quartermaster-gener-al of Indiana, asked the Attorney-Gen-eral to-day for an opinion on the Question of how he was to obtain money turned tmo the State treasury by him during the Spanish-American war. When the officers of the Indiana companies left

Shorter Time Between Cars on Several Lines. _

gain In the First ward was sixteen votes, the State, the quartermaster-general i - — charged them for their swords. This f^DCTCTMCriCI n HUTCIIDDAkl amounted to $5(H, which he turned into «**LLnirlCLU 111 I CUnoAll. the State treasury. When he made his • ■ —— — report to the War Department, the deThose Interested Conferred at the j the^wi: t’heTede^authortti^

Bates House To-Day.

Elmer J. Binford, of Greenfield, and O A. Stanley and G. W. York, of Cleveland, O.. held a conference at the Bates House last night with reference to the Greenfield A Indianapolis electricA line, now being built They represent a large part of the stock. J. H. Sherwood, of Cleve-

v J .

should be taken out of the National Guard fund, but the quartermaster was not wlHIng that this should be done. Today he asked the Attorney-General for

ward were examined thto afternoon. The laud, who is chief electrical engineer for ! an opinion on the question. Republicans offered a Republican ballot j the company, ».reived here this morning, I —

from the Flrel precinct. It had been and to making arrangements for the pur- , thrown out because of alleged diatin- chase of material*. He said that the engutohing mark*. The Democrats object- sub-grade for the track had b een

completed, and the laying of the rails

The Indianapolis Street Railway Company to-day Increased the service on six of Its lines. The increase is due to the holiday season, and will probably continue indefinitely. Service on College avenue and Illinois street will be increased

to a four-minute schedule. Pennsylvania — street and Irvington lines six minutes and firmed. Black. J. Blake and West Michigan streets to eight C i 1 ,^ rles c minute*. All the cars on the East Wash- ‘ j ‘ A **

tngton line will run through to Irving- 1 '

holding that. Inasmuch as the swords ton ’ none stopping at Oxford street,

were furnished by the Government, the The company has put ten of it* new quartermaster should turn back the cars into service and others will be add-

money to the Government. . ed from dav to day. The Auditor of State, when the quarter- k

master applied for the money, thought it

Higher Court Record. The Supreme Court to-day handed down the following opinions: IS.642. Lula J. Merrlman et al. vs. Clio Merriman et al. Whitley C. C. Reversed. Baker, J. 16,748. National Home Building and Loan Association vs. William W. Black et al. Madison S. C. Reversed.

Monks. J.

18,564. Louisville & Nashville Railroad Company vs. John M. Kemper. Warrick C. O. Petition for rehearing overruled. _ The Appellate Court decided the fol-

lowing cases:

2,981. Homer Hail vs. State ex rel. Maud L. Hayden. Madison C. C. Af-

Pope vs. William C.- Reversed. Hen-

MR. KERN’S CRITICISM.

SEARCHED HER HOME.

ed to ita introduction. It appeared that the voter had tr^ed to erase one of his mark*. The court held that the mark wa* a distinguishing mark, and the

Democratic objection waa sustained. The next ballot offereu by the Repub-

lican attorney* wo* one of a bunch torn evidently at the same time U had not bwn counted, because of alleged, distinguishing mark*. The Republican emblem was marked with a large cross over the whole surface, and each candidate was volts! for separately. The court

consulted the decision* on thto point, Proceodiugs Late Yesterday. The bags from the first five precincts

in the First ward were opened yisterdny afternoon and the ballot* that were In controversy were either admitted in evt- . dence or excluded by Judge Allen. The admission as evidence doc* not necessarily mean'that the ballot* will be bounteri. ih court reserving the right to change 1, .- rulin. each ease {* ne .'ball think ---*1. A* <1 if*a:.tit of the afternoon’* work, live uncounted Elliot lou.oere admitted and one uncounted Gcckler ballot. No evtdeme was inp-Mlv.ceu to show that theae ballot* had not beea counted, but the fact thnt they were tn the tag* was considered presumptive proof that they

had not beau counted.

In one ease ths ballot in contreverxy waa marked for every Republican cardi’»hc. and also top the Prohibition oat.didn e for ward councilman Judge Alien ‘.ed ■i"* t:,!krt tor the present. In •.hv 'n* brLot* were a:; rtAjM.t (t i !?. greater or le* d*fre* *'«* Rvovh’iran ntwrtiejrs would *fiSs» tie RiTer»-**;»n fe-.toi* as evidence

will bvwln a* *«>wn a* they can be cured. Tic** are now being distributed along the route, and six carloads of poles will be sent out at once The powerhouse and stable* at Greenfield are now nearing completion. He think* vara will be running between here and Greenfield before next June. The company has sixteen mile* of track to lay. that being the distance betweeen Greenfield and the terminal of the Irvington street car line, over which the inter-urban cars will got

la.

Say

CORN MILLERS MEET. No Trust i* Forming—Higher

Prices Desired.

Represent*me* ®f twenty com-mlli* in Indiana and Ilitw.ns met at the 'Bates to-day. j pur-war.t to a coil sent out jecently. None ot the uses like to talk of what they are going to do. but they deny emphatically that they have tn view tbe organisation of a true. U was Mid by one mraulacturer that all of the rat it* fcigre beta running at a low for the !a*i four months TV're bag been a cutting fctd rUoh.ra of prices In order to get business, ».a<l something wit! have to be done to place It on a raying basis a«*m To And this •somethins .wa* the purpose of the raect.&g It war raid that thr manufacturer* hate been Hooking up the law as to Whether they coaid Combine to raise the prices to a profltab’e point. It waa raid to be unlikely that a schedule would b< adopted BOW. but « ts probable that this meeting will result tn another being called at which all of the corn-milts will be represented There are over fifty «ntll*. the majority being tn this State and lUlnoto, but they have no association now

As a Result Mrs. Dillon is Held by

the Police.

Detective* last evening searched the heme of Mrs. Emma Dillon, a nurse, living at 23) Adelaide street, who was arrt sted/ye*terday on a charge of petit larceny. preferred by Mr*. Vina Thompson. 426 F.xat Market street, in whose home Mrs. Dillon was employed. In the room were found dret*s goods, queensware. shawls, fancy bottles, several books, four pairs of gloves, several pairs of shoes ami rubbers, pocket books, fifteen jalrs of hose and all sorts of china and glass ornaments. All the article* were new. and many still had the price-marks attached. Thto morning employe# from sex era! Washington-stteet store* identified many of the articles. The case was continued in the Police Court.

FT. WAYNZ MOURNS.

Where Lawton Belonged to a G. A. R . Post. Ft. Wayne. Ind.. December to -Grief to general in thvs city over General Lawton’s death. General Lawton was fixing In Ft. AVayne with hi? parente and wa* a student at the outbreak of the civil war He enlisted here in tbe Ninth Indiana \ oluateeere. He was a member of Bas Post. G. A. R-, here, and * member of Hertnony I. O O F. Baas Post had raised a fund of nearfy il.'XAi to purchase a testimonial sword which was to be presented to Genera. Lawton on his return from the Philippines.

Saya Council Committee Wants Only

Gas Company Information.

City Attorney Kern **1(5 to-day: ’"The bun-

2,982. Mary Brackett Brackett. Marion S. C.

stock, J.

vs. Sidney G. Affirmed. Com-

WATERWAY ROUTES.

Secretary

Ing in the city.

Mr*. Charles D. Johnson gave? a family luncheon to-day for her niece, Mrs. EUto

Miller, of Chicago.

Mr. Charles F. Smith is in New York, where he will be Joined shortly by Mr*. Smith and Miss Maud Smith. Miss Claire E. Power has issued invitations for a party, December 30. in honor of Miss Florence Smith, of Frankton. Mrs. T. A. Welshans, of Montezuma, has come to spend the holidays with Mr*. E. W. Koehler, in North Pennsylvania

street.

Mrs. George R. Sullivan will give a dancing party December 30 at the Brenneke Academy for her sons, Russell and William. Mrs. Cushing, of Pittsburg, ha* come for the holidays to visit her parents, Mr. and Mrs. John T. Dye. Mr. Cushing will Join her Saturday. Messrs. Kenard Wasson, Frederick Day. Harold Hlbben and Jack Spalding, of Andover, will come Friday for the holiday vacation. Miss Anna and Miss Louise Spann will give a small company to-morrow morning for Mrs. Irving Swan Brown, of Wooster, Mass. Mrs. Brown Will return East Thursday. Dr. and Mrs. E. F. Hodges will give a dancing party at the Propylseum, January 2. for their son. Fletcher, who will be home from the Harvard Medical School for the holidays. The engagement haa been announced In New York of Miss Agnes Sled man and Mr. Ronald Gardner, of Boston. Miss Stedman is well known here in the city, having visited here several times. Mr. and Mrs. Harold B. Hlbben have issued invitations for a party at the Propyleeum December 27 in hono - of Mr. Jack Spalding, of Lawrence, Mass., a college friend of their son, Mr. Harold

Hlbben.

Mrs. Harry J. Milligan will give a house party during the holidays for her daughter. Louise, her guests to be Miss Et,.el Thornberry. 6f Lafayette, and Mbs Helen Osborne, of Crawfordsvllle. They will come next Tuesday. Mr*. Albert J. Beveridge continues 111 at the home of her sister, Mis9 Langsdale. She Is confined to her riom and In charge of a trained nurse, her Illness being the result of exposure In the Philippines last summer. The members of the New England Society have completed arrangements for the annual banquet of the society, to be held at the Denison Hotel, Friday evening. The Rev. N. A. Hyde will be toastmaster, and John L. Griffith*, Jacob P. Dunn, Mrs. George C. Hitt, Edward Daniels and Louis Howland will respond to

toasts.

Mr. D. M. Parry will give dinner December 27. for Mr. Hildreth, the retiring secretary of the Y. M. C. A., entertaining at that time about thirty gentlemen. Miss, Cora Parry will return to-morrow from a visit in St. Louis, and will be at home for a few weeks before going to New York to spend the rest of the winter. Maxwell Parry will return to-morrow from the Culver Military Academy. Mrs. William Scott gave a luncheon today for Mrs. Reid, df Paris, her guests being Mrs. Lockard, Mrs. Samuel Reid, Mrs. W. H. Coburn. Mrs. A. L. Mason, Mrs. W. B. Wheelock, Mrs. S. E. Morss, Mrs. George R. Sullivan. Mrs. Daniel Stewart. Mrs. Ferdinand Mayer and Miss Erwin. The round polished table held a flat basket of maiden hair fern over a laca center piece. The red carnations were in a Bohemian vase and Bohemian glassware was used entirely for the luncheon service.

Irvington.

Miss Mabel Jones is visiting relatives in

Rising Sun.

The U. of I. Glee Club will give a concert in the college chapel to-night. Mr. George W. Brewster will go to Kansas City to spend the holidays. Mrs. J. A. Roberts and daughter Ethel

side and slashed Hickman from

the left ear to the throat.

A DEMOCRATIC CALL

National Committee will Meet at Washington February 22. Washington, D. C„ December 19.—Senator Jones, chairman of the Democratic national committee, has Issued a call for a meeting of the committee, to be hold at the Raleigh Hotel, in this city, on the 22d of February next. The purpose of the meeting ts to flx a time and place for holding the National Democartlc conventlon next summer.

GOVERNOR DECLINES.

win

Not Accept Membership Literary Club.

Governor Mount, In * oourteoun totter to the secretary of the Indianapolis Literary Club, ho* declined membership In the club. Recently the Governor’* friend* In the club proposed his name a second time, and he waa unanimously elected.

U. of L Glee Club’* Tour.

The University of Indianapolis Glee and Mandolin Club will give It* first concert In the Butler College chapel tonight. The club 1* cocmposed of twentyone student* from the different department* of the university. Mo*t of the membe r*have had previous experience in glee club*. For the past three months Edward Nell has had the club under his direction, and speaks very highly

of it* work. F. R. Wishard ha* a local reputation as Manager. The mandolin club has had for it* director Eugene E.

Noel, of the Metropolitan Conservatory be followed by one in Plymouth

Monday

The concert this evening will

in Plymouth church

of Music, followed

on Wednesday evening. Monday morn ing the clubs will start on their holiday tour, which will embrace several towns of weslern Indiana ami eastern Illinois.

Bronze Monument Door*.. The Board of Regent* of the Indiana Soldiers' and Sailors’ Monument, at its meeting late yesterday afternoon, instructed Secretary Morris to adverttoe for bids for tho construction of bronse doors for the six entrances to the monument. Rudolph Schwarts submitted six models in clay for the doors, which the board has under consideration. Tbe board will have about $18,000 left after existing contracts have been cloeed, of the DCj.OOC apropriated by the last General Assembly to complete the monument. The poard also adopted resolutions respecting the death of Gen. Jasper Packard, commandant of the Indiana State Soldiers’ Home at Lafayette, and recalling his admirable qualities.

Roberta Park Christmas Tree. Roberts Park M. E. church 1s making more efforts, thto year, than ever before, for their Christmas celebration. Sunday evening, December 24, the Sunday school, about &00 pupils, the Choral Society of seventy-five members, and the Sunday school orchestra, over twenty musicians, will unite In thto celebration. A Christina* tree, 16 feet high, has been donated to the Choral Society, which will be beautifully decorated, and all friend* are requested to lend or give trimming* and decoration* for the tree. The Cantata, •The Coming*of the King," will be rendered. The Roberts Park Choral Society will sing fpur Cnrtotmas anthem*. Grant Howell Arraigned for Trial. [Special to The Indianapolis New* J S

Kush vide, ind:. December l».-The trial

.S-J;/tK^^Ma^ n w^ U ?etot r iv-7n ! of Grant ‘harged with shooting will spend the holidays with relatlxes in hjj dlvom , d w|fe ^ r(| Ruby PoweU ftnd

William Searcy, cn the evening of Au-

Special Board Reports to

of War.

Detroit. Mich., December 19.—The United States Board of Engineer*, designated by the President, to make sur-

oombe r«#olutii>n of the Council asking myself 1 veys and examination* of deep waterend the mayor to give Information we had j wa y S and route* thereof between the failed to give the gas committee i. not di.- j t lak „ and At , antic tide-waters, has turbine. I appeared before the commlrn, : 9ubnmted a preliminary report by

quest of the Secretary of War, upon the

and aaeured the committee, wholly and Individually. that I would give all the Information at my command The mayor has never been Invited to give Information to the committee I judge that the committee does not seek mmuch Information other than that furnished by gas companies It 1« practicing a 6 eplcable policy of delay, thereby contributing to the plan of the ga» companies to freeze

the people into favoring gas meters.’*

Petition for a Receiver. John L. Moore obtained a restraining order from the United States Court to-day, to proven: Anbury G, Allan and Linton R Alton from disposing of a *tock of groceries at West Newton. It srae stated that A e bury Q. A Urn transferred the stock to Linton R Allen an a pretended indebtedness., when Moore held a claim of $1,11172 against the mere band toe. A receiver was asked for to take pxesesalon of the stock until it con be adjucated in bankruptcy. Margaret A. Bell, of Alexandria, filed a petition In voluntary bankruptcy. Her indebtedness Is given at *!.«».Th and assets at OC* natsuel Smith, of Lyomton. filed * similar petition, his indebtedness being $L123.M. and assets $LS« •.

question of the regulation of the level of Lake Erie and the waterways above. This special report covers only the board's findings and recommendations as to regulation of these lex**!*. The complete report of the board, which will soon be presented, covers the estimates of

Shelbyville.

Miss May and Mis* J. Anne Carpenter will go^o Chicago to spend the holidays with their parents. Mrs. George Crawford, wh® has been visiting her daughter, has returned to her home in Morgantown. Mr. and Mrs. George W. Brown and son John will spend the holiday* at Elkhart and Kendallvllle. Miss Cora Allen will come from Cincinnati to spend the holidays with her sister, Mr*. J. D. Forrest. Mr. A. W. Knepper ha* come from hls , home In Somerset. Pa, to spend a few weeks with hi* *on George. Mrs. J. W. Campbell and daughter, Elizabeth, will go to Cincinnati Friday to make a short visit with relative*. Mis# Katherine Banning will come from Chicago to spend the holiday# with her parents, Mr. and Mrs. James Ban-

ning,

gust 27, was called to-day in the Circuit Court. Mrs. Powell and Searcy were shot from ambush by an unsesm foe. Powell was Jealoua of Searcy, and made threats. Mrs. Powell lost her left eye and Bearcy *, ! s left arm. The evidence against Poweil to purely circumstantial.

the entire cost of a waterway, having a meet Friday night of thi* week, the regroinimum depth of sixteen feet or of ! uiar date. Tbe time has not yet been ar-

Suddea Death at Paris. . [Special to Tbe Indtonapoii# New# ) Paris. XU., December 19.—Mrs. Fanny Thurlow, age thirty-six. residing in Vance avenue, died suddenly thto morning. She had bene In a despondent state for days past, and circumstances point to suicide. The deceased was Married in this city seme years ago to an aged man named Charles Thurlow. Thurlow died shortly after the marriage.

twenty-two feet from upper lake ports to tide water and the results of surveys and estimates of the different routes for artificial channels between the great lake* and the Hudson river, all of which w. be submitted finally to Congress. The preliminary report. In brief, recommends the regulation of the Lake Erie level by controlling the discharge through the Niagara river by a system of fixed weirs, built near the head of the Niagara river and a series of sluices, to be operated tn connection with the weirs, so as to control the discharge of the lakes and reduce the variation of its level to a small amount. The board recommends that the weirs be constructed of concrete blocks, and to have an aggregate length of 2.900 feet: the sluices, thirteen in number, of the stony type, each to have an opening of eighty feet. Piers of masonry are designed to separate the sluice openings. These sluice*, according to the board, can be operated under rules easily formulated. and would amply provide for conditions more unfavorable than any re-

corded.

The report recommend# a canal about a mile In length, with a lock to be pro-

Chose a Name and Adjourned. At the meeting, yesterday, of the suffragists of the city, a name wa# given to the new organization. It will be known a* "The Indianapolis Political Equality 1 Association." The president. Mrs. John ' L. Ketcham, was authorized to appoint a committee to revise the constitution of the General Suffragist#' Association for the use of the Indianapolis association. ] About thirty women attended the meeting, which adjourned to meet the second

Monday In January.

The Arthur Orr In Harbor. Detroit, Mich., December 19.—A dispatch

« ^ from Depot Harbor announce* the steamto the unmarried members of the faculty ! er Arthur Orr, In tow of tugs from Mtdtn honor of Prof. W. E. Garrison Thur*- j land and Owen sound, arrived in safety.

day evening.

Mr. George Craven# will come from Schneetady. X. Y., to spend the hoU

days with hls

Mw. Aiica Harper Ballard Paaaed Away To-Day. Mr*. Afire Harper Balahd, a woman atoroey, died to-day. after aa nine** of five week# of malaria fever. Her office was tn the Law building. She had been admitted to practice in both Federal and State courts.! after graduating from the law department of the State University. She^wUl be buried at Jamestown, lad., on Thursday afternoon. A MURDERER KILLER.

David Pierce

Run Mob.

Down by a

Dunbar, Pa., December lA-HantoiW 1 Yl hits, superintendent of construction of tbe W. J. Rainey Coke Company, wn shot and killed to-day by David Pierce, a colored employe. Pierce then tied to the mountains, followed by aa angry mob. He was discerned In hiding and riddled with bullet*. Death wa* Instantaneous.

A $6,000 TROUING HORSE.

▲ Valuable Racer Dies of Pneumonia at Terre Haute. [Special to Tbe Indlaoapoil* New*.) Terre Haute, Ind., December iff— Kyoto, the seven-year-old trotting horse, with a record of 1:26)4. fit George Starr’s stable, died last night of pneumonia. He waa owned by Mr. Learned, of Omaha, and waa valued at *,M0. He had nof boon raced for two years, amt Starr waa carefully training him for a eoasan of • kiUinge" on the grand circuit. Ha bad worked a mile in 2:00.

JUNTA CHAIRMAN COMING.

Bayg It It on tbe Invitation of Democrats. Hong-Kong, December 19—Sen or Apacible. chairman of the Filipino Junta at Hong-Kong, will soon leave for Washington. He says he to going on the Invitation of prominent Democrats, who wish him to make a personal appeal to the; United States Congress to grant inde-> pend cnee to the Filipinos.

Reported Dissolution Excites Alarm. [Special to Tka 'ndisnspoito New#.) Richmond, Ind., December 19.—The publication In last night’s News relatlvs to the possible dissolution of the Richmond division of the Pan-Handle caused no end of gossip among clerks and other employes in the offices here. Attempt* to. verify the report here have not been euc-j cessful, the officials being reticent when, approached. A Boy Fatally Burned. [Special to The Indianapolis News] Madison, Ind., Decemebr 19.- r » o little children of Bess Wilson, six and two year* old, respectively, were left alone In a room with a grate lire. The clothing, of the younger caught fire, and the little boy was fatally burned. ,ll ‘ t Approaching Nuptials. [Special to The Indianapolis News.) Columbus, Ind., December 19.—Card* have been issued announcing the coming marriage of Miss Hattie Myrtle Davie and Louis W. Heagy. at the home of the bride's parents, Mr. and Mr*. William H., Davis, of this city, on the evening of the 27th inst. Mr. Heagy is ex-oounty surveyor, and the son of the Hon. D. »»*; Heagy. ■ 1 Stationery Bids Awarded. [Special to The Indtonapoii# New#.) Delphi. Ind., December lf,-Blde for books and stationery were opened by the commissioners of Carroll county laaP night, and to-day the contract ./aaj awarded to Burford, of Indian*polto, fori class L $485. A B. Crampton. of Delphi.waa awarded the contract for olaeeea Noe. 2 and 3. at $369 and $122. respectively.

Violated the Revenue Law [Special to The Indianapolis News.) Ft. Wayne, Ind., December 19.—Amos. Pap pert and William Neibergoi were ar % ’ rested by Deputy U. A Marshal Rose here to-day for violation of the spedali war revenue law In the manufacture of cigars. They will be taken to Indianapolis for trial. ,, RuehvtUe, Ind., December i».-Mra. John T. Hlnchman died here this mornlug. She wa* seventy-three ye*™ old. Mr and Mr*. Hlnchman were well-known people, who celebrated their golden wedding three years ego. BRIEF CITY NEWS.

D. H. McAbe., SUM Facwry in.p^ior, I* embarrassed over an opinion of the AM toruey-General, holding that, under tbs’ law, he must Inspect unsafe boiler* when 1

The Sheridan Dramatic Club will not

ranged

Prof W

D Howe will give a dinner

parents. Dr. and Mrs.

Junius Cravens.

Professor Coleman, who will take the position vacated by the resignation of Professor W. E. Garrison Is spending the week at the college residence. The Rev. and Mrs. Jabez Hall have Issued invitations for a reception to be given at their home Wednesday evening in honor of Professor W. E. Garrison. Mis* Ivy Smith will come from Midway. Ky., to spend the holidays with her parents. On her return to Midway she will be accompanied by her brother Walter. Mrs J. F. Sherfee, with her slater. Mis* Margaret Dickey, after a visit with Mrs George W. Brown, at the college residence, returned to ..er home in Fair-

land to-day,

Mrs. Gertrude Blaney, who has been the guest of her cousin, Mrs. George W. Brown, at the college residence, for several weeks, will return to her home In Kendallvllle Saturday.

The crew and cargo of the boat are reported safe. The after cabins,.the propeller wheel, and the steering gear wheel were swept away before the steamer *ucceeded in coming to anchor under Cov* Island. t

Murder Leads to Bad Feeling. [Special to The TndiakapoU# New*.] Bouth fiend. Ind., December 19.—John F. Kuespert, who killed Kajetln Majeweki, neat the ruins of Kuespert’* lc*-boufia, while supposedly stealing lumber some months ago. wa# sentenced to-day to th* prison north. No killing in years has caused the bad feeling that resulted from this. It bring between nationalities.

Concerning Horace Speed. Washington, D. C.. December 19.—Horace Speed, who was to-day appointed United States District Attorney to sueceed Overstreet, deceased. In Oklahoma, was born on a farm In Kentucky, edu*

D. H. Me A bee. Bt*t* Factery Inspector^ d over 1 il. hold ■ i they are reported to him. He finds that no mousy ha# been set aside for this. Governor Mount to-day received word that the meeting of tbe committee <d which be Is a member, that was to a*1 semble in Washington, thi* week, amt arrange for tbe anniversary of the open-* ing of tho District of Columbia, had beeff indefinitely postponed. Gen. Will J. McKee, of the Indiana National Guard, bas appointed as an aid-dev camp on bis staff Harry K ffcott, wb‘f was adjutant of tbe One-hundred-anu* fifty-seventh Indiana Regiment fi* tho, Spanish-American war. He will have tba /rank of first lieutenant. - The colored professional and business men of the city will meet to-night, at 5A> Indiana avenue, to consider the business interests of tbe race ia Indianapolis.* It Is proposed to establish a psrmansnt organization, with the view to promoting the genera! welfare of the race. The Missionary Society of First Pie*bytertan church wM meet to-morrow afternoon, It bring the annual solf-donlai day. The arsenal poets ere still In tbe sidewalk of Michigan street, and the controversy remains to statu quo. City Attorney Kern has not yot held a consultation with the United States district attorney. Late thto afternoon, the physician attending Webb Robertson, the fireman recently Injured In Lewis street, said h« could not live through the <fky. Miss Minnie Merlne, daughter sf the late artist, John C. Merlne. of Kansas City, to the guest of Mrs. Henry altsL