Jasper County Democrat, Volume 6, Number 31, Rensselaer, Jasper County, 7 November 1903 — Page 1

Jasper County Democrat.

SI.OO Per Year.

ABOUT THE COURT HOUSE.

I teal ol Interest (tethered lie Mm OMces end Corridors of the County Capitol. Marriage licenses issued: Nov. 2, Cbarles E. Bartee to Mabelle S. Hamilton. —o — There were no unloaned school funds on hand Nov. 1, but several applications for funds were on file. —o — Thirteen marriage licenses were issued last month, against 14 for the month previous, and 14 for October, 1902. —o— The November term of tbeJasper circuit. court will convene next Monday. There will be no grand jury. The petit jury is called for the second Monday of the term at II a. m. Following are the names and places of residence of the petit jurors: Muob Kenton. -Clarion Geo. H. May Carpenter William K. Bull Barkley Charles A. Walker Barkley William H. Shirer Walker W. H. Berry Morion James Kennedy ...Jordan Willard Shields Marion John P. Payne Barkley Charles H011e... Walker Thomas C. Red grate Marion Edward P. Lane Newton Geo. Hensler Carpenter A.J. Blpes Marion Perry Marlatt*. Merlon Elmer E Rollins 1. GiUam New suits filed: No. 6566. The State of Indiana ou relation of Mary E. E. Deveraux vs. Conrad Kellner, John Kellner and Henry Hildebrand; action for damages. No. 6567. Susannah Casey vs. John Casey; petition for guardianship. No. 6568. N. F. Thomas vs. Cbarles Myers and Isabel Myers; action for damages. The complaint alleges that defendants conduct a general merchandise business at Wheatfield. That on or about the 17th day of Dec., 1902, defendants by their agents or servants caused a cement step to be constructed at the side entrance to their place of business, and that until same should become "‘set” aud hardened, a wooden brace was placed against said step, extending across a certain pnblic sidewalk; that Ola Thomas, wife of plaintiff, on the evening of Dec. 18,1902, went to said store and purchased a gallon of oil and passed out of the store at said side entrance as she was accustomed to

do; tbat it was dark, and said Ola Thomas cangbt ber foot in said ■ brace and was thrown violently upon said sidewalk, dislocating and breaking ber ankle and braising ber arms and face to such an extent that she was confined to ber bed for many days and was per- - manently injured and crippled; that by reason of said injuries plaintiff has incurred an expense of SSOO for medical and surgical attendance and nursing, etc., and for the deprivation of her services and society, past and future, he has been damaged SI,OOO, wherefore he asks judgment for $1,500. “Honest Abe” and John Grave are plaintiff's attorneys. No. 6569. William B. Austin vs. Edgar J. Hurley, etal; action on note and mortgage. Demand SI,OOO. No. 6570. Everett Halstead vs. George W. Tanner et al; action on note. Demand $l3O. No. 6571. Levi 8. Renicker et al vs. Isaac Brubaker et al; action on note. Demand S6OO. —o —

In the commissioners’ court this week the following business has been transacted: Liquor licenses granted to Ed Cull, Parr; Willie F. Granger, Kersey; Wm. Ballinger, Kniman. Levi! Hawkins et al filed remonstrance signed by a majority of the legal voters of Carpenter tp., and copy of notice of application published by James A. Bilile for liqnor license' at Remington. Application was dismissed. By this action, although Bilile filed np application with the commississioners, he will be barred from again applying for license for two years. Matters continued: All bridge petitions; Iroquois ditob; Hanging Grove gravel road; Moffitt ditch; Kent ditch; J.P. Ryan et al petition for highway in Jasper ana Pulaski counties; Garrison ditch; erection of cottage at soldiers' home. Highways ordered established: Francis W. Powers et al highway, ft) feet wide; James A. Keister et al highway, 40 feet wide; ' 1 * ’.r '

Henry Herath et el petition for highway; auditor directed to give trustee notioe to open said highway. Final report approved in Moffitt ditch, except the two amounts of SIOO each to Jesse £. Wilson and William Darroch, which are ordered stricken out, and the item of $156 to John E. Alter, which is reduced to $lO5. Theodore Phillips et al petition for ditch; Robert 8. Drake, Joseph Stewart, and Washington Cook appointed viewers, to meet Nov. 16. Geo. Gowland et al petition for highway; Wm. P. Baker files remonstrance and bond; Robert S. Drake, Joseph Stewart and James McDonald appointed re-viewers, to meet Nov. I 4 *. B. F. Comer et al ditch ordered established. Final report ordered on or before Nov. 16. Robert Parker et al petition for ditch; permission given to construct upper portion of ditoh with tile, as set out in application. B. F. Hazlett et al ditch; continued for consideration in joint session. James G. Francis et al petition for ditch; by agreement of parties the report is referred back to the reviewers for snch correction and amendment as may to them seem proper. A few poor farm grafts were got in. The requisition for supplies for poor farm was approved and contract will be let first day of Dec. term.

DEATH OF LIZZIE BORNTRAGER.

Miss Lizzie Borntrager, daughter of the late Charles J. Borntrager of Marion tp , died quite suddenly at the home of her mother, four miles south of Rensselaer at 2 p.m., Wednesday from diabetis, aged 31 years. Deceased had been in rather poor health for several years, and has spent some time in the South, being there at the time of her father’s death a few months ago. She was taken suddenly worse Tuesday night and passed away the following afternoon. Deceased leaves a mother, one sister, four brothers aud a large circle of friends to monrn her death. The funeral was held yesterday at 10 a. m., from St. Augustine’s Catholic church and interment made in Mt. Calvary cemetery. The pall bearers were Misses Tillie Ramp, Cinda Mecklenberg, Candace Brown, Mary Meyer, Sophia Schurick and Rosa Beck, young lady friends of deceased.

EMORY MILLS IS IMPROVING.

C. E. Mills was called to Indianapolis last Saturday by the injuries received by bis son in the Purdue special wreck on the Big4, an extended account of which appears on the inside pages of The Democrat. Young Mills was a substitute player in the Purdue football team, and was in the illfated front coach, where so many lost their lives. Emory had his left leg broken above the knee and a bone was broken in the ankle of the same limf). He also had a severe blood rupture on the broken limb, besides numerous other bruises. His seatmate and most of those surrounding him were killed. He is now in a hospital at Indianapolis and is said to be getting along all right. Another young man of this vicinity who was slightly injured in the wreck was Clark Meyers of Monticello.

POYER GETS JUDGMENT.

Court item in Kentland Democrat: The case of Lewis Foyer vs. Warren Springer, a suit for damages for loss of one of plaintiff’s Hands while operating a oornsbredder on defendant’s farm up in Jasper county about a year ago, held the attention of the oourt and jury from about four o’clock Wednesday afternoon until about six o’clock last night when it went to the jury who were out until four o’clock this morning when they brought in a sealed verdict, giving plaintiff damages in the sum of $1,250.00.

5 PER CENT LOANS. We can positively make you a loan on better terms than you can procure elsewhere. No “red tape.” Commission lowest. No extras. Funds unlimited. See us before borrowing or renewing an old loan and we will save you money. IRWIN & IRWIN. J. O. O, F. Building.

Rensselaer, Jasper County, Indiana, Saturday, November 7, 1903.

NEWS OF THE GRIDIRON.

Clippings From the Dally Prsss On "Higher Education." Football has been prohibited in nine of the schools and colleges of the country. Three deaths have been reported. It is not the professors leg that is being broken, is it? —Fowler Leader. t t South Bend, Ind., Ootober 30:— John Haughton, Jr., a high school football player, recently bad a toe amputated, the result of injuries in a football game. Blood-poison-ing set in and he died to-day. t t Newcastle, Ind., October 30. Glen Paddock, thirteen years old, broke his arm while playing football. In a tackle he fell to the ground with the ball and a number of playmates fell upon him. t t Fowler, Ind., Oct. 31.—The football club is no more for the season. The breaking of “Monk” Eller’s collar bone last Saturday and the sure thing that the'y could not win a single game were the causes of the dissolution.

Hanover, Ind., October 29: N. W. Voorhies, Hanover’s star half-back, had his leg broken last evening in practice while endeavoring to stop a mass play. This is the second player crippled at Hanover this year. Frank Shanklin, who was internally injured three weeks ago, successfully underwent an operation yesterday. t t New York, October 29. Thomas McCauley, sixteen years of age, lies at the point of death in a Brooklyn hospital from injuries received in a football game. His neck is broken and his lower limbs are paralyzed, but the lad retains full possession of bis faculties. McCauley, who is the son of a police sergeant, was playing on a training school eleven. He got the ball and started to run when he was downed with the entire' team on top of him. t t Monticello, Ind., November 2. Monticello high school football team played the Logansport high school organization at Mack’s grove, Saturday. When time was called the score was oto 0. The local team was handicapped by the absence of Gardner,. quarterback who was injured at Delphi, October 24, and Dean Meyers, left half-back, who was out of the game on account of the injury of his brother Clark Meyers, in the Big Four wreck. t t Trenton, N. J., November I. Two divinity students are lying ir. this city suffering from serious injuries received while playing football. They are Howard Twadelle, of New York, and Morgan Van Tassell, of Brooklyn. Twadelle undertook to carry the ball down the field to the goal. He was going at a terrific pace and plunged into a player of the opposing team. He was knocked senseless. Physicians say he is liable to become violently insane at any moment. He was brought here to the State Hospital for the insane in the hope that under scientific treatment, he might recover. Van Tassell was injured in the same way that Twadelle was hurt, and his condition is critical.

Ann Arbor, Mich., Nov. 2 Never has a team oome home to Ann Arbor in such condition as the Michigan eleven reached it last night, and the nature of marks is evidence that cannot be contradicted that they were not sustained in any manner legal, according to football rules. At a consultation after the game Redden, Heston, Hammond and Maddock all stated that they would never play against Minnesota again. There is scarcely a member of the team who has not a bruise on his face, and may have black eyes. Heston, whom Minnesota announced in advance they were “laying for,” is simply a sight. One eye is closed and the other can barely be opened, and his lips are split and puffed. Maddock is little better- and Gooding’s back is so lame that he walks with difficulty. Furthermore, Coach Tost and Dr. Williams are at outs, chiefly on account of the persistency with which Williams insisted on Clark *" ‘ ** ’ ” ’-'I- ‘

for umpire. Inexcusable conditions which necessitated the stopping of play before the limit had expired and: profanity and obsenity which the Minnesota players heaped on the Wolverines, according to universal statements, all through the game, are other conditions contributory to the same end. t t Rushville, Ind., Nov. 3. —Randall, a colored player on the Carthage football team, was quite seriously injured in the game with Richmond Saturday. He was kicked in the back of the head by one of the players during the progress of the game, and while not noticed at first, he is now thought to be quite seriously injured. It is likely that this will stop football at Carthage this year. ft Indianapolis item regarding the Purdue football train wreck victims.—While the physicians were examining Long (one of the injured players) they found’ that he bad a badly dislocated ankle which he had sustained in the Oberlin game and was hiding from the team physician so that he would not be barred from the great game scheduled for last Saturday. t t Indianapolis, Ind., Nov. s: Frank Shanklin, captain and right end of the Hanover College- football team is critically ill at the Deaconess hospital. Five weeks ago he was injured in a practice game, missing his man in a tackle and falling heavily on his left side. His condition grew rapidly worse, and he was brought here a few days ago in a dying condition. It | is not believed he will live the! week out He is a son of J. C. Shanklin of Franklin, and was one of the most popular students at college.

BIRTHDAY SURPRISE.

Last Friday night about eighty neighbors and friends of Mr. George Ketohem Sr., residing just east of town, s_wooped down upon him and for a short time Mr. Ketchum thought he was going to be taken for sure, but the invaders toon quieted his fears and reminded him that they had come to celebrate his 83 birthday anniversary. The event had been planned for Oct. 5, the date of his birthday, but Mr. and Mrs. Ketchum were gone At that time, visiting tneir daughter at Chatsworth, 111., so it was necessary to postpone the jollification until their return. Among those present were a number of his old Illinois neighbors, which made the occasion all the more enjoyable. Baskets loaded with good things were produced and an elegant repast was served. There was icecream, cake and other edibles galore. A very pleasant evening was spent and as a reminder of their esteem for Mr. Ketchum the visitors left a handsome Morris chair. At a late hour all departed, having had a most enjoyable time and wishing Mr. Ketchum and his good wife many more years of happiness.

NEW EQUIPMENT ON MONON.

The new trains on the C. H. & D. and Monon roads between Cincinnati and Chicago were put into service Thursday. All the equipment is new. One of the innovations is the placing in the middle of the train of an extra long coach, one end of whioh is used as a diuer. By this arrangement passengers in the day coaches do not have to go through the parlor cars to reach the diner.

BAZAAR HOLIDAY WEEK.

The young people of the Presbyterian Church will hold a bazaar at the K. of P. building holiday week for the sale of everything desirable for presents, and will serve good things to EAT.

BOX SOCIALS.

Peanut and Candy Social, at James sohool, four miles south of town. Also a fish pond. Saturday, Nov. 7. All invited. Miss Leah Knox, Teacher. A box social will be given at the Osborn School house, Hanging Grove tp., on the evening of Nov. 13,1903. An entertainment will bo given. Ladies, please bring boxes. Miss Meiser, Teacher. McKay’s laundry is open until 9p. m.; will take your laundry work Saturday a. m., and give it to you the same day.

WANTS $2,000 DAMAGES.

Wife Sues Conrad Kellner for Husband’s Injuries. Mary E. E. Deveraux, 'through her attorneys, C. E. Miller of this city, and E. B. Sellers of Monticello, has brought suit in the Jasper oircuit court against Conrad Kellner and his bondsmen, John Kellner and Henry Hildebrand, for $2,000 damages for injuries sustained by her husband, Joseph Deveraux, a farmer residing near Kniman, who was struck by the Monon mail train early Sunday morning, October 12, 1902, a few miles north of Rensselaer. Deveraux was in town the night before, it will be remembered, and loaded np on Rensselaer booze to each an extent that when he left town he is supposed to have been in a very befuddled condition, at least his horse tamed up the track at a crossing north of town, and is snpposed to have stopped on the track about one mile south of Surrey. The mail train came along, running at a high rate of speed, and horse, buggy and man went flying skywara. Joe was thrown about 150 feet over into a field, but strange to related escaped with a broken leg and a few bruises. It was rumored soon afterward that sait might be brought against the saloon keeper who sold him the liquor, but nothing was done and the matter had nearly been forgotten by the public until' the filing of this suit. The complaint alleges that S4OO was spent in doctor bills, etc., and that as a result of said accident Deveraux was laid up some six months and is permanently crippled; that Kellner illegally sold him liqnor his being already intoxicated; that he was a strong, ablebodied man previous to said accident, able to make SI,OOO per year as a farmer, etc., and that by reason of his injuries plaintiff demands judgment for $2,000. The case will probably be taken from this county on change of venae by plaintiff, it is rumored.

HALLOWE’EN ROWDYISM.

Rowdyism run riot in Rensselaer Hallowe’en night. Besides the destruction of property and the overturning of outbuildings, etc., some more brazen lawbreakers placed “Comrade” Fox’s old buggy on the railroad tracks at the northwest side of town and it was struck by the 11:30 p. m., passenger train and demolished. This act is one that will probably land the offenders in the penitentiary if caught, and it is claimed that a Monon detective has been here this week investigating the matter. The engineer of the train is said to have been half scared to death when he saw the buggy on the track, not knowing but it might have been occupied or would cause a disastrous wreck in which many lives might be lost. Another act of vandalism was the running off of Bruner’s telephone repair wagon and chopping several spokes from the wheels. While it is true that the city marshal, night watch and deputies cannot guard the whole city, it does seem that they might make an effort to protect property in the business part of town. We are told that one gang of rowdies with whom the marshal expostulated gave him the “horse laugh,” and he let them go ahead with their lawlessness. The only way to put a stop to such rowdism is to make an example of a few of the rowdies, and if our tin-star police cannot or will not do this they should give up their stars and let this element have full control. There is no use wasting public money in vainless efforts to suppress such work.

TO TRADE.

Good five room house and feed mill, making corn meal, rye and buckwheat flour, with all necessary fixtures, in good, near by town. Will trade clear for clear property in this city. G. F. Meyers, Rensselaer, Ind. Office over Murray's Store,

FIVE PER CENT MONEY

On well improved farm lands in this and adjoining counties. We can loan on two to ten years time, with privelege of partial payments of SIOO or more at any interets paying time. Money ready as soon as abstract is approved. Lerat red tape. No publicity. Baughman & Williams, Attys. and Loan Agents, Rensselaer, Ind.

Vol. VI. No. 31

VERBAL CONTRACT NOT BINDING.

The appellate court last Friday reversed the case of Barney Clark of Goodland vs. Wm. T. Beahler, now of Bloomington, 111., in which Clark recovered judgment in the Jasper Circuit court for $240 for commission for selling Beahler’a 240 acre farm inCarpenter tp. Beahler, it seems, had had some talk with Clark regarding the selling of said farm and told him that he would pay him $1 per acre if he (Clark) brought him a buyer. Later Beahler talked with a prospective purchaser and the man promised to come out 'and look at the farm. Some days later he drove to Goodland and there saw Clark and the latter found he was going out to look at the Beahler farm and told the man that he had it for sale and if he bought he (Clark) would divide the commission with him. Clark rode out to the farm with the man and staid about the house, it is alleged, while the man went to the field where Beahler was and made a deal for the farm. Clark later brought suit for his commission, which Beahler had refused to pay because, as he claimed, he had made the sale without Clark’s services and had talked with the purchaser regarding same before Clark had even seen him at all. While olaiming that he did not owe Clark a dollar legally or morally, Beahler offered to compromise as a matter of economy,and offeredsso to settle the case. This was refused, andfrom the rendition of judgment against him in the lower court Beahler appealed, with the result that he is freed entirely from paying one penny. The court held: Acts 1903, page 104, providing that "no contract for the payment of * * * a commission or reward for finding * ♦ * a purchaser for the real estate of another shall not be valid unless * * * in writing, signed,” forbid the recovery by a real estate agent of the reasonable value of his services, by a suit on the quantum meruit, where he found a purchaser under a verbal contract for compensation. The effect of the statute is to forbid a recovery except upon a written contract such as the statute describes. It will be seen from this that no commission whatever can be collected by an agent who sells real estate or finds a purchaser for same, unless the contract is in writing. This decision is the first to be handed down on the 1901 statute-and is of interest to farmers and others who employ agents to find them a purchaser, as well as to the agents themselves. Under the provisions of the statute cited, no agent can step in and claim a commission on any sale, even though he may bavd been instrumental in or did actually bring about the sale, unles-* he has a written contract showing such agency. Verbal promises are not binding.

Marion I. Adams is agent for the farmer’s Mutual Insurance Co., of Jasper, Benton and White counties. Insurance now in force over $1,000,000. Farmers desiring policies in this company should call upou or address him at Rensselaer, Ind. Bell Phone, No. 5241. ts. PIQS FOR SALE. 70 Poland China Pigs, will weigh about 100 pounds each, will sell one or all. J. W. Stockton, 1 mile west of Rensselaer, on gravel road. FARM FOR SALE. 40 acres, all well located, fair improvements, small cash payment or will take cattle or horses as first payment. G. F. Meyers. Office over Murray’s Store, Rensselaer, Indiana. Don’t Forgot tbo Nov Lunbor Yard Where yon can get all kinds of Lumber, Lime, Hair, Brick, Cement and Plaster; also the celebrated alabastscent Wall Plaster. I solicit a share of your trade at my old stand. Respectfully, Hiram Day. O. H. McKay has one of the neatest and cleanest laundries in the state, right here in Rensselaer. The public ought to be proud of it. V TO OURS A COLO IN ONS DAT Taki Laxative Bromo Quinine Tablet*. All druggists refund the money if it fall* to core. 8. WTOrove'a signature is oa each box. He.