Indiana State Sentinel, Volume 27, Number 27, Indianapolis, Marion County, 20 February 1878 — Page 5

THE ESTOIAKA 1878.

THE SUSPECTED FELON AC!".

Judge Busklrk, of the Criminal Court, Declares It. to be Unconstitutional. Tha Full Text of the Decision Th Objections Urged to the Validity of taa Act -An Able and Cogent Opinion. Judge Buskirk of the criminal court yesterday afternoon madethefol.owingdeclaion in regard to t!w constitutionality of the so-called 'susptcted felon act" in the case cited: Thomas Lockhart vs. John Tressler, sheriff of Marlon county. ' The plaintiff bai filed in thi court a petition allen that be is illegally and wrongfully Held ii the jiil of the county of Marion and slate of Iniima On the tiling of such petition a writ or habeas corpus was issutd, and the body of the petitioner was produced before me. The sheriff lias made a return, in which he states, ii substance, that he is the sheriff of tbJ county, and ex officio the keeper of th jail of such county; that the petitioner was arrest d under an act (ap proved March 15. lS77.)l-finin,' tue crime of vagrancy and providing pnn"shm-nt therefor, and upon an examination had before the mayor of mid city had been 1 j udfjd guilty of the crime of vaurai.cy. and sentenced to imprisonment in the county jail for 30 days, and to pay a fine of5Jani costs of suit; that the petitioner listTailed and neglected to pay the said fin an 1 coit or replevin the same, and that he ht-ld the petitioner in the jail under and by virtue of tue commitment made out by the mayor of aaid ciiy of Indianapolis. The petitioner has demurred to the return of the sheriff. The demurrer admits the truth of ih matters a'hged in the return. No formal or technical objection is urged ugin the return, hut it is vry earnestly contended that the act of the legislature under which the petitioner was arrested and convicted is unconstitutional, and there'ore void. This present for my consi deration aud dVcis'on a question of jrreat importance. It is always embrra-sing for a nisi prins judge to be called upon to pass upon the c ns'itntionaltty of an act of , the legislature, but the duty has been ini posed upon me and wait be performed. I have the consolation of knowii g that if I err in my judgement such error may be corrected in a few days by the supreme court, whoe decision will be final and conclusively binding, not only on this, but all other courts in the Btate. In determining whether the act in question is in conflict with the constitution of the state I shall entirely disregard the consideration of whether the act i wise or unwise, beneficial or injurious to s ciety. Toes are questions which exclusively belong to the law making power. Nor shall I lake into consideration, the question of whether he petitioner is a good or bad man. The so'e question is whether he has been legally convicted, for if he has I have no power tv discbarf him from the cut dy of the sheriff who holds him Ufidt-r a warrant mnde ont in due form of law by a judicial officer, who notSMed power to adjudge the petitioner guilty and to isu such commitment, if the act in qutlon is not repugnant to J-ome provision of the fundamental law of this kvih-: ami I concede that before a court is jtwifi-d in declaring a law uncon stitutional it should plainly, clearly and. palpably appear to b- in coi.ftict with some other clause of tlie constitution. This is well fettled by authority. (R'ce vs. state, 7 Ind , 332; riatki!gVH state, 7 Ind., 3f!i; Miss vs. state, 4 Intl.. 32; Powers vs. Browne!, 24 Ind.. 174; L'lcas vs llond, 4 4 Ind , 524.) and numerous nthr Indiana ca-is The petitioner was a judged ituilty of the crime of va g'ancy, wtrich crime is defined and the punishment fixi-.i hy the hrt SfcMonof the act in question, Leuce the constitutionality only of the fir.-t section is involved. That section is as follow.-: AN ACT defining vjrjncv nnd other offenses therein specified, providing pensiti?, an horlzlnz nrresla o'" sup-cicd persons, without warrant, pmrl'lin a jneUnvit of examination euth..rizii)x saircti o places wln-re u n lawful practices are carried ou, and arrest of i mate-i. without warrant, and coy. furring certain pown.-H aud J'u i-.ciict.ioii on pnl!cemn and fhrp co oiHccr.'. mayors and J lstlcf'H, declrlug it a cumuialve statute and cmertfeney, and 'containing other provisions pertinent to the subject matter of th act. Approve ? March 15. 1S77.J Section i. ht it enc!ed by the general assembly of the s'Ht" of Imtiuns, That any person, male or female, who sliull have ai rived at years of rMcreiin, who shll be found without any fixeil residence, and without any visible rm-ans cf Kuptit, and tilling nwav their tlm , and making no etlon to procure employment, or who, being rI k bodied and without means of turvrt. and living Mly, shall fail or rfu to labor for compel). ion, when labor li oflVied; or who shall bn wanderin? about from pi ice to place, with no certain plact) or ntr xi.-, hdiI u Kuili -int meam t Mipport, and shall be. Iivim. wt lion labor or employment: or who snail be f.iu.d loitering or idling about tippling h uses or beer t.ou es, or ouibui:1iig, or r;twIy iou--s, or houses of bid rep-ite, or loUclng or idling around the Is or Mables, or market hou-es. or lumber yards, or othT utinul ji.I improi-r plsire for ortlerly and l'lduNtnoa pen-ons to b', without b -lug ngngd In some useful employment there. Such persons, hnvlnsr no visJhlo employment, may be intw: rHtd by any pollen or poaee oRieer, an.l if snc! H-rson Khai' fail or rruts to eive MtlKiactory account of ihemselves. stinicifUt to telieve tiim of reasoikab'e suspirloa of bt-lng axrant, eaclr rerson in-iv ! taken Info cu-touy, and by such otflrer taken before any mayor or Ju-tiee of the pfc forexminHtiou;aTid if, on examination, it ! provei that such pt-n-on is mbjct to any of the etiarves abovo xpccluVd, or shall fall to satisfactorily show, on oath or otherwise, thai Ji or sh Un iii-hiim of hii, Krt, or in go-xl faith wan seeking ernt.Io nirnt. and ia entl led to pursue such elToi t for labor, such person shall he adju-Jgud a vagrant by such mayor or Jusice. Several objections are urged againEt the validity of said sc'ion. The first is that the crime of vaerancy is not embraced by the title. We thiuk there is nothing in this objection. See the ioi lowing nthori ties: Bright vs. McCuliough, 27 Ind , 22.1; Shoemaker vs Smith, 37 Ind., 133; state vs. Young, 47 Ind., The second objection is that it authorizes an arrest without warrant. It does not appear whether tr.c i cdtioner was arrested with or iihout'warraot, bat in my opinion no' such question arises in this case, as tbe .petitioner might have been legaMv convicted although illegally arrested, buch question will have to be raised in some other form. Tfae third objection is that it confers jndicial powers on. ministerial officers. This objection relates to the arrest and not the conviction of the petiiioner, and must be presented in some tr-er manner. The fourth objiion is that the act in question denies to a p- rson accused thereunder of the riht of trial by jury. This right is secured by the.convitu'i m in all criminal cases. Article 1, sec'ion 13, of tb -co uau ration decarts th'tt "the accud shall have the right to a public trial by an impartial Jury." Ii Li not u-crx-fj that tbe right fhoulJ be eipressly conferred by tbe act an ier eiarninaiion. The real question Is whether the larigm;;e uie-d in said section takes away the riht of trial by jury. We think it does. The stction doe not provide for a trial, but for an examination. Tne word examination dos not iupurt a trial. (8ee Rnvif 'a dictionary ) Decide, it expressly declares that r.:ch person shall "be

adjudged a vagrant by the mayor or justice. The corumitnieut shows that the petitioner was adjudged a vsgrent by the mayor. As the language .used in such section very clearly takes away a right of trial by jury, I can not presume that the petitioner waived his rigl.t. If tbe act denies the right of trial by jury it is void, and can not be rendered va'id by permitting a' trial by jury. The present statute is very sim l ir to the original statute passed in the .state of Illinois, and which was held to be unconstitutional. (Sbankey vs. Wells, 71 III., p. 78) The 8'atute in that state was amended, and - does provide for a trial; and such amended statute has recently been held unconstitutional by Judge McAllister, an eminent judge of Chicago. See January's number, 1877, of Wes'eru Jurist. Several of the circuit and superior judges in this state have held the section in question void, on tbe ground that it deserves a right of trial by jury. Lastly, it is observed that section is unconstitutional, becau.se it requires the accused to disprove the charge of vagrancy,' or in othor words, that if be fails to testify and show his innocence be shall be adjudged guilty. This provi.i- n is against natural rights. Tbe legislature pos-ws-es no power to require any oue accused of crime to disprove tbe accusation. Every man is presumed to be innocent, and such presuinptiqn continues until bis gui;t is established beyond a reasonable doubt. 'Tne state muit affirmatively prove the guilt of every one accused of any crime. Tue accused has a right to remain silent. He can not be compelled to testiry. He has that privilege, but he. may not it. It vio ates every principle of natural right and j-is'ic to provide that a man shall be adjudged guilty if he fails to prove himoelf innocent of the charge preferred against him. Under such law no person, no matter how innocent he may be, would be safe. In my opinion the section of the statute under which the accused was convic ted not only conflicts witu the constitution of this state, but is against natural right. I therefore hold tuatthe petitioner is entitled to bis discharge.

Klz- Cinna Had Hla? tttaipa. New York Sun. Beyond question tbe English have already made themselves, by Admiral Hornby's prompt act, the masters of tbe Meuiterrantao, the Euxine, and the sea and straits between, whatever the subsequent attitude of Russia or Turkey. Tne British Mediterranean fiset is probably the most powerful ever assembled. Its ironclads alone are a dozen -in number, and carry 111 guns. They include tbe turret ship Divaa'ation, the well known Achilles, the Alexandria (flag ship), the Pal las. the Temeraire, the two turret rams Hotspur and llupert, the Agincourt (flag ship of K-ar Admiral Sir J. E. Citnmerell, second in command ), the Stannon, Sultan, S if tsur-, and Ilesearcu. of which the latter alone can be called a comparatively small ship. All the Aihers rans from 3,787 up to 10,027 tons, and from 3,500 to 8,000 horse power. The mere number of guns, of course, gives no idea of their power, as nearly all aie of tbe heaviest calibres. Besides this array, the fl-et includes ten faat una'mored ships the Antelope, Bittern, Condor, Flamingo, etc ith57guos. Oiily a portion have gone into the sea of Marmora, but as many can follow as are needed. B.-yond question the Kng'i.-di have nothing to fear from Turkish torpedoes; but, even if tby had, British naval supremacy in tbe straits and in the Black sea would be none the less surely established. A A iv ttii4iMi t ruwf i IPou.hkecpsle Pj-ess.1 Some weeks ego a well apiarirg man, rat tbe middle age. suddenly turned up at Loiiir 1'oint, a promontory on this side of the river, a short distance b-low the cemetery. No one knew from whence he came, his name or his'ory. 1I was accompanied by a young girl, and a cat and dog. L nd-rneaih the cliff, in a cave like f irmation, he reared ahutot Hone and of board, and made a door without hinges. Tnere he has con tinuedtolive with the child and animal pet.H. Hi his a small stove for heating and cooking purposes, tut where he tea Lis provisions we have not ascertained. He ha been viaited by a number of curious people, whom he receive-, but towards whom he exerci.ed a positive retic-nce. His strange manner and mod of life has secured to him the cognomen of "KoWnson Ouoe." The poet Dry den was a silver man. Some enterp'iing look worm, rumaging among the poet 'a leiWa to his publisher, has come across the following: '"Therefore, I giv you noi ice that I have done tbe seveuth 'Eaid' in the country, and intend In some days hence to pro jupon tbe eighth; when that is d ne. I expect .50 in good silver, not such as I have had f trim rly. I am not obliged1 to take g.ld, nmher will I." The wise man makes equity- and justice the basis of all his conduct: the right forms tbernleof his behavior; deference and mod esty mark his exterior, sincerity and fidelity SL-rve him for accomplishments. A telephone has already been placed in the house of commons to enable ta e Jitors of one of the principal London newspapers to htar by word of mouth the latest news of the parliamen'ary dibtte. Roe Eylince was complimented at Xe.w Haven iccnM by the presence of the entire fatuity cf Yale Co'lcgc to witness her ioipersonat.on of Cleopatra. Mr. Cannon, drlegat to congrcs from Utah, con lenses that Mormonisra is sniTcring from cr.ntact with the Gentiles, with their free schoolp, railroad?, etc. The Sun will it-sue an aft, "noon paper, beginning on the first of March, to be called the National Ind-txndent. An Alftlo Avafaaehe. In tbe summer of LSGl a partv of tourists. while veiling the Alps, climbed with great d tliculty to an elevated and snow covered plateau, in order to ohuin a- better view of Swiss tcenery aud contrast the beauty and richness of midsummer below with the b'.eakmps and sterility of .midwinter around ar.d above them. In play they rolled the moit sco into large balls, tbey crowded it over the edge ot the plateau. In falling it struck softer snow, which immediately gave way, and toon an avalanche was tearing down the mountain tide, burying and destroying everything in its. course. As the haniful of snow became the irn-sisMble aval anche, so tbe hacking coug i. with sore throat and Catarrh, if negl. cted, speedily devel ps in'o that dread destroyer. Con sumption. In the esrly stages Dr. Sign's Catarrh Remedy will tlTVct a cure, tbongh if the blood be aflected or impoverish d it must De purified and enriched by Dr. Fierce'a Golden Mfdlcal I) covery, and the liver and bowels kept active by hii Pleasant Purgative Pellets. Many who despaired of life and had been given up to die by pbysi oaua and friends owe their restoration to the above remedies. Elt. Lii.n Co., Iowa, Hay 8, 1877. Da, riEarK BuiTjIo, N. Y Dear Sir I was prostrated some three years since with pleuro pneumonia, which lett me with a troublesome couvh, that grad ually grew worse until pbyaicians pave me up to die with consumptijn. I tried several

remedies that are advertised to cure con

sumption, but without obtaining any relief or benefit. Seeing your Oilden Medical Discovery and Pleasant Purgative Pellets advertised, I concluded to try them, and 1 found them to be all that you claim for them. Mv restoration has remained com plete for over two years. Inclosed find $1 50 for a copy of your Common Sense Medical Adviser. Ever gratefully yours, Jason C. Bartholomew. Gregory's Meed Catalog ne. Oor readers will find the catalogue of J. J. II. Gregory's well known seed bouse advertised in our columns. To handle seed with such conscientious care as to dare to warrant their freshness and purity, is of that class of hold, brave acts wbicti the public appreciate. Though the warranting is of necessity lim ited to refunding the value of tbe seed pur chased, still, under it. Mr. Gregory must sell good seed or make a dead loss. Familiar In Kvery llonaebold. Dr. R. V. Pierce, the great "medicineman" of Buffalo, is runniig for the ofliaa of senator from that city. He seems to be the most popular man on the track, and well he may be, for bis name is familiar in every household in the land, and people will vote for him regardless of hia politics. Wilkesbarre ew8. Correct, as the News si ways Is. The doctor was elected by about 3,000 majority. BuOalo 2ews. Delightful Perfumes. Dr. Price has prepared a rich variety of perfumes, from which the most fastidious can select an odor with agreeable satisfac tion. Dr. Price s Pet Kose, Alista Bouquet and other perfumes are great favorites, as their 8 weetness and freshpess are so decided. SPECIAL NOTICES. A severe lDjury to my right arm caused an enlargem ent of i he bone'abovc the writ ; gave me great pain and 'trouble. Giles' Liniment Iodide of Ammonia effected a cure. Philip Enole, Ojater House, 4i Sixth avenue, Kew York. . . Mothers, "Individually and collectively. without a single exception, pronounce Mad ame Porter's Cough Balsam" the moat pleasant and efficacious remed'v for the cure of combs, colds croup, tore throat etc., etc., in children that has yet been given to the public. They say it always acts like a charm. Children actually like it. Price 23, 50 and 75 cents per bottle. 0 The Teettt an AdvertUlnff tf edlnm. Every time a lady who naea fragrant Sozodont opens her month she advertises the article. The state of her teeth la a certificate of lta excellence. . No spot darkens tltelr suiface, no Impurity clings to tnem, the cushions In which t' ey are set a'e rosy, and the breath that swells through them is sweet aa the breeze of June. o gpaldlng'g.Llquid Glue, always ready to use. If you need a harmless stimulant, take Sanford's Jamaica Ginger. O The Centaur Liniments are of two kind The White Is for the human family; the Yel low Is for hoists, sheep aud other animals. Testimonials of the effecta produced by these remaikable preparations arc wrapped around every bottle, aud may bs procured of any druggist, or by mail from the oiiice of the Ceutaur Company, 4iJ Dcy street, New York city. Two Chromos Free. A pa'r of beautiful 6x5 chromos, worthy to adorn any home, and a three mooths' subscription to Leisure Hours, a han 'some 18 page literary paper, filled with the choicest stories, sketches, poetry, etc., sent free to all sendicg 15 cents (stamps takcu) to pay mailing expenses. The publishers, J. L. Patten & Co., 10J William street. New York guarantee every one double va'ue of the money sent. Fifteen huudred dollars in prizes, and big pay given to all agents. Qaem'nrod IJver Oil Jelly. Approved by toe Academy of Medicine. For coughs, colds, bonchlal and tubercular cou sumption, scrofula aud general debility. The most mild, bland and nutrlt'ous f rm la Which Cod Liver OU can be used, and with more benefit secured to the patient by a single teaspooufuP if this Jelly than by double the quantity of the clear or unjellied oil. For sale by druicglsts and E. II. Tkuex, New York. The vicissitude aud chances of fortune are shown clearly In the result of the February Drawing ot the famous Louisiana State Lottery company. A lucky ut Ctrl n in Kan Antonlo, Texan, ctip ured fifteen thousand dollars by spending a dollar. Such la luck. Why not let the reader write to M. A. Iacihij", P. O. Bnx 6112, New Orleans, La., for the full inform atiou about the neat drawing? MISCELLANEOUS. Q C Crds,3.1styles, 10c. or 2) Ch omo Cards. 20c, wl'h namti. J. B. ITUl'Kl. N-'hui. . Y. Kf LVP.GE MIXKD CAllLM, with name, JU for Lie. i lu case i-io. 25 styles Acquaintance Cards, luc. Agents' outfit l-c. DOWD & CO., Bristol, Conu. S25Q0 rear. A cents wanted eTrywhra. BolDCMat lc'ly l'iriire.rHrtirulartrr Audresa J. Woarn Co.. bt- Louis. Mo. $31 GOLD PLATED IV ATCIl r. Th t th known world. Sampi watch tr to Agent. Address, A. Coultxs a CowCalcagq 8100 aSJk fffl ?wn Worth mod f ir CADI V I E!rniaaallmulrrml CMllLI fi B ffl . u.,Tii.wl.! a. Cnntnrt FI4LIN. C. A. UiKU - $45 now tiru xv irrt itn rmn nr. -t. ,fm.,jB ...... -... ,Heni-winder.Fro wiiheveryonier. Outfit free. J. li. Oaylrd t t-o . Chli ?o 111 KifW V COK lO.XCK. St. J , tieaU, Ua. PEVOLVER FKl-K. Heven-shot revolver. . w th boxof cartrldKea. Addrenn J. BuWN. &. SOX, l. and lH WorH st-t. Plrtr.ur,, Pa. KaKhlonablo CardH, uo '2 Mltltf.wl h naiu, lOc. 20 bcroll, I" postpaid. UrA. J EKD & CO., Nassau. . N. Y. DIIinA ma MORPIItVE VMt k NMiUi liT. Sena M tins I tiw.lrvll Tlt'-" A sure cure or money refunded for noctornal embislons, as tne result of sir abuse iu youth. A outside apphaure. the latent invention of the age. No medicine rqulred oiiIt In .verv ve-e rav For artlcu a - address Dr.O. W. BAILKY, NoblfsvlHe. Ind. VANT AT LwVST rtUPPIJElx Mrs. ' Vn nelly's Redemption resto'es Kray or blonded hair In iwodaya io tta original eolor, It hout lead, silver, sulohnr, or staining the scalp. Red U.dr ehaniied brown without detection. Tbe ingredients to n aWe W tmncea, poat paid, on rviit of $1. No trouble onexpense In mining. Hend stamp lorciifu w to MhVS. CONNKLLY.Z7 Bond ntrn t N w York. ForsaUby Browning A Hlo in. dnili.. 1 S-n OYKCS'BCrARO ELIXIR M c. sua wt 1 4w ii am ib Biitat' nie. I ISM . fmm, m- H t! JOll VIU ..wt fx men., asm ii-Ato. km w A :ilTM 4 CX. r.fM. r l.n i. . r-i

Foreclosure of Mortgages On Loasa of the 'Common Kcbool Fund of llariu County.

In default of payment of principal and Inter est due to the. school lund of Marion county. Indiana, on the loans ot said fuud, hereinafter mentioned, 1 will oner for sie at the court house door, In th city of Ind anapolis, on Monday, the 26th day ot March, 1878, between the hours of It) o'clock: u. m. and 4 o'clock p. iu., to the highest bidder, for cash, so much of the mortgage! pretn ses as will satisfy the amount due thereon rep-ctlvely lor principal. Interest, damages ana costs, to-wit: No. 1.717. All ol I t No. tw (2), In Henry C. Oulllu's re sub 'lvlslon of a part of lot or block No. twenty-seven (27), lu Johnaou'a ' heirs' addition to the city at Indianapolis, as shon bv plat book No b, on puge dn, in recorder a otnee of Marion county, Indian v. MongHged by Harriet lioyt: principal, Interest, damages and cost-,J.z.vi. Nor. 1.71 and 111. Ail the following de scribed tract of laud, beginning at the est line of the east half of the southeast uuarter of section two('2),townshlpfourieen(l4), north, ranue three (3) east, twenty-fourand forty two hundredths ( 4 4J-1UU) pjl- a south of the northeast corner of said halt-quarter section ; thence south twenty-four and foity-two hundredths (U 42 1(W) poies; thence west eighty (Hi)) pole , more or les, to the west line of said half quarter; thence north twenty-four and forty Mx hundredths (24 4-lu0) poles; thence east eighty (Sti) poles, aiore or less, to tbe place of beginuiug, containing 12 22-1U0 acres, moe or less, except one (1) acre lu norviieact corner of aaid tract. All lu Marion county, stae of iudlaua. Mortgsged hy Thomas J. bristow and tliza J. Urisiow. Principal. Interest, damazs and costs, :JI!1 70. ro. i,7ai. ah or lot six m square tn-ee In the ioith Park addition to Inulanapolia, as the same is of ecord lu put book No. 8, 4age l!i :, record of Marion county. MoriKaed by Margaret U. McUinnta. I'riBCipjJ, liileiejl, damages aud costs 81,010.7. No. 1,7 lit All the lotlowlng tract of land In the county of v arlou and siau of Iudlaua, towit: Coinuieuciuij on the nonh slte fit Muker street, Ally -seven and oue halt feet west ot the s uthest corner of lot seventeen (17) In Merrill's subdivision of out lot o e huudred aud four (01), I -dlanapolis; thence running west thir y-Ove (i) fed, thence north along Henderson's east Hue oue hundred nnd twenty-seven (127) feet, more or less, to south line of lot fifteen (1 ); thence east thirty five (.") fet; thence, south to the place of beginning. Mortgaged uy James Brodeu and Catherine Broileii. Principal, interest, damages and costs, Sj.41 40. No. 1.7G. All tbe following lot in the county cf Marion and btate of Indiana, to-wt: La number nlueleen (19) In J. 11. Kappes' subdivision of tots thirteen, fourteen, rtfteen and sixteen (13, 14, 15 and 16) cf li. F. Morris' addition, Indianapolis, in south end ot the east half of the northwest quarter, section 13, township 13, range 3. Mortgaged by James Frank a id Julia M. Frank. Principal, interest, damages and costs, $331.10. N . l,7t. All the following lot In the county of Marion and state of intiiana, to-wit: Lot number twenty one (21) In J. II. Kappes' subdivision of lota thirteen, lourteen, til Lee u and sixteen (13, 14. 15 and it.) of li. K. Morris' addition, Indianapolis, in south end of theea t half of the northwest quarter, sect Ion 13, t wnship l'i, range S. Mortgsged by James Frank auu Julia M. Frank. Piiuiipal, Interest, damages and costs, :ii45. fo. I,7r7. IOt number fourteen ('4) m J. II. Kapp s'subdivlsi jo of lota thirteen, lourteen, fifteen and sixteen i3, 1 -, & and lt of B. F. Morris' sudltloii to Inaiauapolis, in the south end f the east, hall of the northwest qua ter of section thirteen (13), township fifteen ( 5( north, range three (3 east, in the county ot Mariou aud state of Indiana. Mortgaged by James Frank and Julia AI. Frank Principal, interes , damages aud costs, flhl.n0. No. l,77K. Lot number fourteen (11) in Samnl It. Binklev's tubdi vision of outlot one hundred aud t wenty-four (lit) In tn city of Indianapolis, M irlou county, stateoi jnuiana. Mortgaged by Mary Avels Principal, iutre.st. damages and costs. 3 "iiM. Nos. 1,783 sud l,M. The northwest half or lot fifty (")) in Flet"hei, Witt, Taylor, Stone and lloyt .ssurxllvlsion or outlots 91, 85, w, 97, iw, and the south half of 91, of the city ol In lianapolls, Indiana. iuor-i particularly described as lollowx: onimoncing at tiie uorthacst crner of said lot titty ( . runni c thence southeast wardly twenty feet on the Hue of Forest Home avenue, thence southwest oa a line twenty (J) fe-t from the northwest slda of aid lot nfty (') one hundred and seven-y (17v) feet. theiH'n rthwest to the noithwest line t said lot fifty (VH, thence n-Ttheast to the place of b ginning, ijiorigagl by Loui.-a liaison. Principal, interest, damae8 and cost", J73.07. Nos. l.7f and 1.7 4. Lj number twenty (J i) in Kmll's sob Ji vision ot outlot one bund red and twenty three ISU in thecity of Ind an -polls, Marion county, Indiana, mortgaged by John W. Hneli. Principal, interest, uamagea aud eost, th(til.3l. No. 1.79-5. All of lot one (t) In James M. Myers' mlxllvWio.j of part of lot number three (3,i, in Muyhew heirs' addition to the city of Indianapolls, inortgiZ'-o by James M. Myers aud Mary O. Myers. Principal, interest, damages aud cost... J.fiti.13. No.l.MI. The following tract or parcel of lan I, situatH-in Marlon county and state of Indiana to-wit: All of lots numbered thirtyelifht (3S aud thirty-nine (41). in square ninety-three (93), ctty of Indianapolis, mor g:u;ett by itobett C McGlll. Principal, Interest damages and costs tl,luu 4. No. l,hl(i All the following tracts cr parcels of land situate lu Marion county and st ile of Indiana to-wit: Lot number four (4) iu Yandes'subdi vision of the east part ofoutl. t number 0114 llTmJrtd Ud thirty (li) in the cltv of Indianapolis; also lot number forty )) iu Ifendricks' subdivision of outlot number ninety-nine (!W) in the city or indlanapoiH Mortgaged by Fannie lloliywwxl aud Richard II. Hollywood. Principal, interest, dam ges and cost, tl.iiU3.9l. No. IU. The following tract or parcel f 1 nd sltuite in the county ot Marion and state of Indiana, to-wit : Ix)t number twenty-seven (27) in J K hharp"'a Woodsld' addition to IndUnaH)lls. Mortgaged by Francis M. Christy and Martha V. I iiiisty. Principal, lnteiest, d images Hi.d cots, (itv',.44. No. l,r-U The following tract or parcel of Imd situate in Marlon county, staie of Indlaua, to-wt : Lot nun"er forty-two U) in Ncho as McC'.irtv'a a .txllvl-lon of ou lots number se euteen (17) and tweuty lour (-4) m the city of Indianapolis. Mortgaged by Jonn Ityan and Johanna ilysn. Principal, interest, damages aud costs, VJI5.17. No. i.NJU. Ijot numlr two (2) In J. M. Myers' sulsiivislon of part of lot thrte (3) in Mayhew'i I. eirs' addition to the city ot IndianaiioliK, Marion county and sttte of Indiana. Mortgaged by James M. ycr and Mary O. Myers, principal. Interest, damages and costs, J.7i. Is"os. I liSaud 1,474 Thirty ncresoff'he north end of the west half of tne southwest qua, ter of section twenty-one (21 , township sixteen (HI) north. raijg live (5) east. Mor.gngcd by Leander Cwx and Delila Oox. Principal, luteres ,dautes and costs, ai7.)J. No 1.51. All or the following land: Regit -nlnK at the middle of the eat line of i lie noilh east quaiir of aet on tweuty-flve (2 ), township seventeen (17) north, range lour (') cast, and running west to the we-tliue of said quarter sect Ion. and thence soul It on said line liftythrce rods ami thirietn links, tbeucetast io i h ext line of said quarter section, i hence north with tbe line fiity-three rods and ten links to the place of begiunin, containing nfiy-four acres more or less. Mortgaged y mh rah L. McKibb u Priuclpal, intest, damages and costs, lt"i 74. No. 1.414. C'imiiiei cine at a point on the west line of Viru nla avenue, iwo hundred and ninety six feel and three Inches CHi'4 ft ) from the nori hwot point or eoruer ol out ot No. ohe hundn-d and two 02). in the cl of Indianaiio is: thence nuitheasterly along ssid wt line of said kv. nue flftV (HI) feet, thence in a southwesterly i recilou at right angles with said a venue one hundred and fitly (I iu) f et to an al ey fifteen (l-S)feetln wddttt runnlr.g paiadelto said avenue; thence northwestwardly with said alley fifty ( 0) feet, thence in a no th-asterly direction one huudrd and fifty (ii) feet to the place of beginning, being 'Ai bv I.") feet ot said ouilot No. 1U2. Morursged by John (' gill and Cla luU J. I 'ogill. Princp.d interest, damages us cota, r.io. No. 1,431. The south half or the aooth ball of the wea ballot the southeast quarter of tec tlon No. nfiewu (l"). township evenleei (17) nori h. range III ree (3 east, containing twenty acres more or le -a. Mortgaged by William 11. Stipp and Polly 811pp. Principal, .interest, liugea aud oota, $ili'2U No. l.Vni. Ml ot the tnllowlng land to-wit: Coinm; clng at the aouthwvst corner of mhj lion twenty-one (21), township tixteen (id), north of rng four (4), ea. and running thence north wl'h said section line four tl) r bains slxtv and one third CUi link, thenc east twenty UOi o lains aud twenty five (25) I nks, tnenoe 'outh four chains, sixty and lthlrd (0ji) lluks, thence west twenty. 20)

cha'ns and twenty-five (2S) links to tbe place of beginning, being a part of the westhaltof the southwest qu rierof said section twenty-one (2i), township sixteen (It!) north, rarifte fouf (4) east, anu being the same tract of lanu set off to Fraoc-a C. Greenlear .n tile partition o tbe realtstate belonging to the heirs of John B. Phlpps, deceased.by order of the Marlon t ourt of Common fleas (seeoraer book No. 17, page 617, said ttact containing nine nd one-third (W acres, except one and one-hall of an acie off the west end of the pmtuises dexciibed, and aiso except lota 1 to 2u i elusive in F. C. Greenbars nrst addition to Brlghtwod. Mortgnged by .Samuel Esp.. a d Frai ces E. Yp . Pi mci- ' pal. interes , damages and costs. tZU.-A. No. 1,473. Commencing at the northwest corner of the southwest quarter of the northWest quarter of section No. twenty-eight (2), township flf een (Io) north of r-inge four (1) east, thence east thirty-seven (37) rods.thi ncesouih parallel with the west lin-ofsald sett on tl tyslx Ion) rods, thence west thirty seven l in rods

aud tuenct north along tbe west line or aaii section fifty -six (-50) rods io the pla e of beginning, contaiuiug twelve acres aud one bund ed and fifty-two rods Mortgaged by Oeorge F. Mciiiu nia and Josephine Mcliinms. Principal, interest, damages and costs, . 02. Lot No. one (I) in ouilot No. one hundred and fifty-five (1,55), of Bright Powell county and state ol Indiana. Moitgag. d by Trt-essa A. Meredith aud WMIam M. Mere dllh. Priuclpal, interest, damages and costs. No. 1,714 and 1.831. All of the northeas quarter of tue southeast quarter, of section No. twenty-two (22), township seventeen (17) north, range three (3, east, containing forty acres more or less, situate In Marion county, and state of Indiana. Mortgaged by George V. Stipp and luisa Stlpp. Prin.lpal, interest, dam iges aud cost- S774.W). No. 1,724. All of the following described real estate, situtte lu Marton county ana state of Indiana oommenclug at the northeiv-t corner of section twentyfour (21), township sixteen ( 1C) oiorih, range tour (4) east, thece south, vith section line fifteen (1) chains, thence west twenty-six and i7-Kx) ch.ina, thence north fifteen (1$ chains, thence east twenty-six and ti'-luO chaiu-i to place of beginning, containing forty ac es. Mortgaged by John Lyuch aud Martha I yneh. Principal, interest, damagts and costs, J.5JS30. No. 1,792. Fifteen (15) acres of ih southeast quarter of section fourteen (14), township sixteen (1G) north, lange four (4) eas described a follows, to-wP: Beginning at the southwest corner of the southeast quarter of said sectiou, runuing north to the ceuterof tho Indianapolis, Pittsburg tf i d Cleveland Railroad one and til-loo chains, thence north fifry-aeven degreea, east eighteen and 33-100 chains, thence south 24 degrees, east fifteen and &MO0 chains to the center of the 6taterosd, thence south 58 degrees, west thireand :7-10U chains, th-nee north three and l-loochaini, thence north tWV$ degrees, west, twenty and 07- oo chains to tht. place of leglnting. situate lu Marlon county aud slate of Indiana. MorlP'M by Thomas w. Wright and Laura A. Wright. Principal, Interest, damages and c as, 7R8. No. l,tw. All of the west half of the southwest qmrUrof the southeast quarter of sectiou twenty-six ('), in township fl I teen (I ) north, range two (c east, con aluing twenty (20) acres, In the countv Marton and state of Indiana Mortgaged by Henry B Wtigbtand Martha Wright. Principal, interest, damages and costs, I ;rj0 .71. In wltnesa'whereof I hereunto unbRerlne my name and Affix my oflicial seal this 15th day of February 1878. Wm. IC. Spkoolk, Auditor of Marion County. 50,000 The Second Royal Dominion GIFT CONCERT Will positively take place at 8t. Stephens, N.B, February cSttr, 1878. TICKETS, SI OO EACH, Or H Tickets for 5.0?. 1 cash 4-ift, $iu.ooo . 1 'AS.U CilFI', 50. OOO 1 V4NII ao.Mo i i imi ;if. jo.ooo I '..ll ilT, 5,00'J ' i c tsu iirr, 4,000 1 'AH till't, H..VIO 1 (?4ill ;1FI. 2.5IMI 1 ClNll GUT, 2,000 K CASH JIFTN of Hl.OOO fsr'ti, AS.OOO. 50,33 Gli-'I.S A not All Sii l Si.0,000. An oflicial list of the drawing will be t-cnt io .all who hold tickets and are not piesent. Reference: NT. MrElMIC.V, Y. R.. DAVID MAIN. Justice of lh Peace; I A. MILLS, Attorney at U: ilUiill McKAY, Chief t.f Police; H. F. NK'SBITT, Sheritt. Mr. Andrews, the manager, a native of Kt. Su-phen, and belongs to one of our o dest aul best taiiiiliea. The enterprise in sneh bands, being legally conducted, la sure of sneevss. St. tttephen News. Imiortat. MW have yet to learn of an 'instance when Girt Concerts were not conMicled honestly and fairly .n the dominion of Cuua :n." Jourral AGF.NTH WA.NTKD. No money required uuiil the tickets aire aulU. AltlKSS F. 17. Andrews & Co., Bt. Stephen, New Brunswlfk. O ?t LAKGK MIXED CARDS 6c, Water Prn tmdfj cc, Card tise ."j. All for Pc. Stamps lakeu. Trym. WISE DKO-t., Uuiler, Ohio. (LIVER'S gHlLLED $500,000 INVESTED IN TBEia Manufacture.

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The Great Discovery I - Dr. Joscpli Haas' Celebrated - HOG- CURB. The only Cure and Preventive known for IIOG CHOLER4. LUNG DISF.IKF, DIPrUCRU, Til I'M PA, and CATARRH Used by leading Rwlne Breeders in Ohio, Indiana, Illinois, Iowa and Missouri. Indiana lost over thee mi. lion dollar- by Hog Cholera last year, and hlo over one mil on dollars. (-See Ktatis leal Report of U. K. Agricultural 1 eparttnent.) One box will cure twenty hogs, and will keep Mxtv hogs frt-e from disease a whole year. The only thing known bv which. Uwine Breeding can b made a safe business. T Tl 1 T What prominent hog breeders of K K 11 II Ohio. Indiana aud Illinois say of AkUUV it in a few leu era among huuareda received within a few weeks.

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