Jasper County Democrat, Volume 8, Number 28, Rensselaer, Jasper County, 14 October 1905 — Page 1

Jasper County Democrat.

SI.OO Per Year.

TWENTY PER GENT

Dividend In Sight For i*lcCoy Bank Creditors. PROBABLY BE DECLARED OCT. 23eighteen Months After the Failure the First Dividend Is Likely To Be Declared. .. Trustee Chapman and Judge Thompson were in Indianapolis Tuesday on matters connected with the McCoy cases. s Judge Anderson announced his decisions as previously mentioned in these columns, holding the over-draft of A. McCoy for $61,290, the overdraft of T. J. McCoy for $134,980 and the T. J. McCoy mortgage for $37,620 were due the bank and should go to the bank’s creditors instead of the individual creditors. The statue of limitation had expired against a part of the amounts, but those given above are the amounts allowed. It is now expected that a dividend of 20 per cent will be declared in favor of the bank creditors on Oct. 23, and a 40 per cent dividend to A. McCoy creditors. As before stated, this action depends on whether the Lafayette creditors appeal their cases. They have until October 20 to appeal. This will be welcome news to the bank creditors surely, as it will be eighteen months next Wednesday since the bank closed its doors and this is the first dividend for the creditors that has been or is about to be, rather, declared. A 20 per cent dividend will mean the turning loose of about $90,000 in cash, and the good effect of this money being put in circulation —the greater part of it right in this immediate vicinity—will no doubt be apparent to everyone. No action was taken regarding the discharge of the McCoys from bankruptcy, but Judge Anderson stated that notice would be given objectors so that they may be heard in the matter.

NO “PATRIOTS" IN EVIDENCE.

Here is an unheard of condition of affairs, especially in Rensselaer, where every republican over the age of twenty-one years usually wants an office: The city election is only three weeks from next Tuesday, and yet not a word has been said about candidates. No patriots hasve announced themselves willing to serve their country for the salary provided—and the perquisites. Nothing is said about an election, although those elected Nov. 7 will serve for four long years. Surely the millenium is about to come.

STEWARTS WANT THAT $2,500

Sue W. L. Lewis To Recover Forfeit Put Up On August Sale of the Iroquois Ditch. H. H. Stewart & Son filed auit in the circuit court Thursday against W. L. Lewis, engineer of the first sale of the Iroquois ditch and his bond, to recover the $2,500 forfiet which they put np to enter into a contract and make their bid good on the first sale of the Iroquois ditoh, which was struck off to them. The complaint alleges that they gave a certified oneok for the amonnt, which has been cashed by Mr. Lewis and put to his credit in the State Bank of Rensselaer; that they have made frequent demands upon Lewis for the return of the money, etc., but that the demands have been refused. The demand is for $3,000. The State Bank of Rensselaer is made a party to the Buit by reason of the money being deposited there.

AN ENJOYABLE ENTERTAINMENT.

The home talent entertainment which was given on last Friday night was a complete success. The talent that furnished the program proved genuine entertainers. Miss Mary Michaels, the reader, delighted the audience with a number of well chosen selections. Nature has richly endowed Miss Miohaels for her chosen profession. To her natural gifts she has add-

ed* careful elocutionary training, which has given to voice, gesture and expression a grace that is rarely excelled. The violin solos by Mr. White and the piano solos by Miss Moody were rendered in a masterful manner and thoroughly enjoyed by the audience. The cornet duet by Messrs. Jacks and Horner, and the vocal solo by Mbs. English received hearty encores, which they deserved. The receipts for the evening were almost twenty-five dollars.

WILLIAM H. BABB DEAD.

“Dr.” W. H. Babb who for many years was a familiar figure in Rensselaer, died Wednesday morning at the State Soldiers home at Lafayette, where he has been for some time. His health had been very poor for the past few years and he was taken to the home that he might have better care and treatment. He was about 65 years of age. The funeral was held at the Home yesterday afternoon and burial made there.

“PI,” BUT NOT THE KIND “DUNNVILLE” IS SO FOND OF.

The Democrat wants to apologize to its correspondents last week whose items were neceesarly omitted after they had been pat in type and placed on the press ready —as we thought—to be printed. In the hurry of getting to press, being a little late —and each accidents invariably happen when late in getting to press—the forms were not locked on the press bed, as they should have been, and when the press was started the ink rollers palled the correspondence page from the press and tnrned it bottom up on the floor, and three columns of correspondence and a half column of real estate transfers, and many other items were damped in a heap. It was a sight such as we have never seen before and don’t care to see again, although we occasionally hear of brother publishers having Buch an experience. The form was hurriedly made up with other matter and the paper was out on time, as usual. It is a fact—though it will not be generally believed—that not a “cuss” word was ottered — everyone in the office was too overcome for utterance. It took the entire force all of Saturday forenoon to gather up the “fragments” and place the “pi” in the proper “cases.”

DEDICATION OF JASPER COUNTY COTTAGE.

The dedication of Jasper county cottage will take place at Soldiers’ Home, Lafayette, Ind., October 18. Special train will leave Rensselaer at 7:30 a. m.; fare for the round trip 11. Parties from Remington and vicinity desiring to attend can go to Reynolds on the morning train on the Panhandle line and make connection with the special train on the Monon. The fare from Reynolds will be 70c. A special train will be run on the Panhandle in the evening from Reynolds west for the round trip. The Rensselaer band and the Male Quartet have consented to furnish music for this occasion. Governor J. Frank Hanly, Department Commander Taggart and Past Department Commander D. R. Lucas have been invited to be present and assist in these exercises. Following is the program: Selection * Band Selection Male Quartet Invocation. Rev. Kindle Address of Welcome R. M. Smock, Cpm'andant Soldiers’ Home Selection L Band Preeentatlon Address A. Halleok, Pres. Bd. of Com. Jasper Co, Addreaeof Acceptance Oov. Hanly Selection Band Recitation Miss Michaels Selection—“ Tenting on the Old Camp '■ Ground Male Quartet Remarks Mrs. Dr. Wells Benediction Rev. Postil Col. B. P. Hammond, Master of Ceremonies. The public is urgently requested to attend and assist in these dedicatory exercises. Parties desiring to take their dinners can secure hot coffee on the grounds and be offered the privilege of the dining hall, Committee. Spectacles or eye glass-frames straightened free of charge by A. G. Catt, Eye-Sight Specialist. Office over Warner’s hardware storeOnly a little more time to get chanoes on that fine rubber tire boggy at Parker’s. Remember, a chance on every 15.00 on anything you buy.

Rensselaer, Jasper County, Indiana, Saturday, October 14, 1905.

FIFTY AHEAD.

Mt. Hope Still Leads the Remington K. of P's IN THE DEMOCRAT’S PIANO CONTEST Both Organizations Make Considerable Gains This Week—Others Also Show Gains. Mt. Hope still holds her lead in The Democrat’s Popularity Contest this week and has made a net gain of thirty votes for the week over the Remington K. of P. lodge. The vote at the hour of going to press stood as follows: Mt. Hope Church, Jordan tp................ 515 Remington k. of .P. Lodge 465 Parr Baptist Church....' 225 Rensselaer Christian Church 170 Wheatfield E. of P. Lodge 160 Rensselaer Court, C. O. P 110 Gifford United Brethren Church 100 St. John's Court, C. O. F., Remington.... 90 Milroy Baptist Church 90 Barkley M. E. Church 90 Gtllam Christian S. S.. 70 McCoysburg Sunday School 45 Gillam M. £. Church 40 Barkley Christian Church 40 Remington Christian Church 40 West Barkley Sunday School 30 Rose Bud Church 30 Vlrgie Sunday School 30 Kniman M. E. Church 20 Shoshone Tribe, 1.0. R. M. (Gifford) 20 If you are not already a subscriber to The Democrat it behooves you to get in line and become one, and thus help the organization of your choice to secure this valuable instrument. All votes are being carefully filed away and will.be counted at the end of the contest by a disinterested committee of three who will award the piano to the contestant securing the greatest number of voteß. In case of a tie vote the piano will go to the two tieing contestants, and they can settle the tie between themselves.

THE COURT HOUSE

Items Picked Up About The County Capitol. The Newton county court house injunction case is set for hearing at Kentland next Monday. AXhe ladies waiting room is to hdve a fine new brushels carpet and is to be fitted up with couches, easy chairs, etc. AThe counter and railing in the auditor’s office has been moved ontward about five feet this week, making much more room in the office proper. —o — Marriage licenses issued. Oct. 4, Thomas Elam Hufty of Mt. Ayr, aged 27, to Ada Harriet Saylerof Rensselaer, aged 29. .First marriage for each. —o—- - M. M. Hathaway of Winamac has now sued the Monon for $lO,000 damages for slandering his title and for profits daring the years he has been kept ont of possession of the real estate, at Francesville that has so long been in controversy, growing ont of the old Pat Maguire judgment. The transcripts in the eleven old criminal oases against Alfred and T. J. McCoy, for embezzlement, were taken to Monticello by Sheriff O’Connor Wednesday, for filing. Each transcript contains about forty type-written pages. It is to be hoped that some results will be obtained from these indictments. —o— The Democrat wants to again call attention to the fact that it is a misdemeanor to tear dpwn bills that have been posted np, such-as Bale bills, etc., unless it be by the owner of the property on which they are so posted. Sale and other bills posted np in Rensselaer are frequently totn down wilfully after they have been up but a few moments, Most of this kind of work is generally dons by boys and sohool children, who do not realize that they are doing an unlawful act and are liable to ar-

rest and prosecution. Parents should post their children in this matter before someone decides to make an example of a few of these boys and they have a fine and costs to pay for their “fun.” County Recorder Tilton will move next month from the Harris or Roberts property on South Division street, into the D. S. Makeever property, just east of the Catholic church, now occupied by J. F. Bruner, who will move into the property in the northwest part of town which he purchased of D. M. Worland, who will move onto his recently purchased farm in Newton tp. —o—v New suits filed: No. 6938. David fi. Yeoman vs. William H. Babb; petition to have defendant declared of nnsound mind. No. 6939. Samuel Mitchell et al vs. Frank M. Mitchell and William Mitchell; action in partition. No. 6940. State of Indiana on relation of Belle Dickinson; transcript from Squire Irwin’s court. No. 6941. Michigan Leather Co., vs. John Coen; suit on account, demand S2OO. No. 6942. Hugh Brosnan vs. Johanna Brosnan; petition to have defendant declared of unsound mind. No. 6943. Albert E. Brand et al vs. George A. Strickfaden; appeal from commissioners’ court. No. 6944. State of Indiana ex rel, Jacob Francis, vs. Albert Vandoozer; action in mandate. No. 6945. Stewart & Son vs. Wm. L. Lewis, the United States Fidelity and Guaranty Co., and the State Bank of Rensselaer; action to recover that $2,500 forfeit put up by the Stewarts to make good their bid at the first sale of the Iroquois ditch. Demand $3,000.

THE COMMON COUNCIL.

The regular meeting of the Common Council of the city of Rensselaer was held Monday evening with all members present. Following is a report of the proceedings: The treasurer’s report for the month shows funds on hand as follows: Corporation $ 400 00 Water. a 852 89 Electric Light 513 94 Public Park 32 15 Road 1224 97 The resolution for the Franklin and Plum street sewer was passed and a special meeting will be held Oct. 30 to let the contract. The sewer is to be of 10-incb sewer pipe. All members voted in favor of the proposition except Councilman Carmichael, who voted in the negative. The water committee was instructed to ascertain the cost of extending the water main west on Clark street to Madison. The light superintendent was instructed to purchase a wheelbarrow for the use of the plant. J. C. Gwin et al petitioned for a sidewalk on the north side of Cherry street. Referred to committee. Elias Hammerton petitioned for an arc light put in near his property in the vicinity of the stock yards. Referred to light committee. The following bills were allowed: CORPORATION FUND. P M Abbott, marshal, salary 3 22 50 Lyman Zea, night watch, same . 22 50 ROAD FUND. J W Childers, street oom 22 50 Leroy Thomas, street work ...» 13 35 O S Baker, same 6 75 Ed Randle, same... - 8 25 Art Bailey, same 4 50 John Sger, same.. 2 25 J P Simons, same. 1 50 Fred Stocksick, tame „ 60 Wm Garllng, same 75 C M Blue, same 1 95 John Albertson, same.., 2 10 Chat Parker, same. 5 50 Geo Smith, same 6 10 Geo McCarthy, same 6 35 Win Simons, same 32 45 Thot Parker, same. .. 19 20 Al Fletcher, same.— 20 20 Edward Healy, crushed stone. 46 80 J H Chapman, freight 68 40 Warner Bros,, merchandise 7 80 KLBCTKIC LIGHT FUND. C StChamberlain, salary 50 00 Lem Huston, same 30 00 C LThornton, same 30 00 J H Chapman, freight 170 87 Tom Hoyee, work on line. 17 21 Bari Sayler, same 29 59 Standard Oil Co., oil 40 37 Central El Co., supplies _ 56 06 General Electric Co., tame 25 80 Victoria Coal Mining Co., coal 80 30 Rogers A Co., light record 5 80 A. L. Branch, hauling coal - 26 20 Warner Bros., merchandise— 6 70 WATBR FUND. Conrad Hildebrand, salary 80 00 John Hordeman, work on main Gome to The Democrat office for all kinds of job printing.

RIGHT, BUT WRONG

Such Was Decision In the Strickfaden Case, AND APPLIES TO BOTH PARTIES. Court Dismisses Appeal But Says the Advance License Is No Good. — Other Court Proceedings In the appealed case of Albert Brand et al vs. George A. Strickfaden, wherein the latter was granted a saloon license in the commissioners’ court at their October term to date from Oct. 13, 1905, when the oldjicense held by him does not expire until Dec. 14, 1905, arid the objectors to the granting of said license appealed to the circuit court, came up before Judge Hanley Saturday afternoon. The objectors were represented by attorney 8. 0. Irwin, while County Commissioner Halleck and E. P. Honan, represented the defendant. The latter moved to dismiss the appeal, alleging that there were but two ways in which the objections to a saloon license could be made, one by a general remonstrance and the other by attacking the fitness of the applicant. The court held this plea to be good, but intimated very plainly that the license granted last week was not good and that the applicant would be taking great chances if he attempted to sell liquor under the same; that he could be prosecuted for illegal sales or selling without a license. In brief, both the applicant and the objectors were right, and yet they were wrong, and as the latter were not properly in court license must be issued although it is not worth a tinker’s d — after it is issued. It is understood that nothing further will be done in the matter by the anti-Baloon people until after the old license expires. Other matters not heretofore reported follow: Roy Kellenberger, whose case was on trial as The Democrat went to press last week, was found guilty of assault and battery with intent to commit rape, but the jury recommended leniency of the court. He was given an indeterminate sentence of from two to fourteen years by the court and was taken to the reformatory at Jeffersonville Monday. In the case of W. L. Lewis, vs. Myrt B. Price, wherein the former, who was appointed engineer of the Iroquois ditch and later discharged and the latter appointed, and Lewis then Bued to have Mr. Price ousted, claiming that the appointment constituted him a public officer aud as such he could not be discharged except for cause and be given a hearing, was finally disposed of by the court Saturday afternoon. The defendant had demurred to the complaint, holding that plaintiff was not a public officer and could be discharged at will by the commissioners. The court sustained the demurrer and defendant prayed an appeal to the supreme court # to which it is probable the case will be taken. The September term of the Jasper oirenit court endid Saturday night. The last jury case of the term waa the case of Walter V. Porter and James H. Chapman, trustee of A. MoCoy & Co., vs. John A. Williams et al, and was the most lengthy case for the jury to decide of the term. Williams is a tenant on the former McCoy lands, and was given in the 1904 lease as he had been previously, ten acres of ground free of rent. He contended that this ten acres could be selected by himself, and took ten acres of corn ground. The plaintiffs claimed that the ten acres was in a 30 acre pasture, 20 acres of which he was to pay rent for. No specific location of the free land was made in the lease and when Williams hauled away the corn plaintiffs stopped payment to him at the elevator. Other matters also entered into the case which was brought recently. The case went to the jury at 2p. m., Saturday and after eight hours deliberation a verdict of SSO for plaintiff and coats be equally divided was retnrned. David H. Yeoman vs. William H. Babb; jury find defendant t

Vol. VIII. No. 28

be of unsound mind and oourt appoints Henry Grow guardian of person and property of said Babb. Guardian files bond in snm of SI,OOO with D. H. Yeoman surety, which is approved. Mr. Babb is in the soldiers home at Lafayette and the purpose of this proceeding.is to look after his pension. James H. Chapman, trustee, vs, Mattie M. Rinehart; sheriff directed to sell 980 bushels of oats and the hay attacked, and to pay for catting and stacking of hay oat of proceeds of sale of the hay. Conn. Mutual Life Ins. Co., vs. Mattie M. Rinehart; notice ordered to non-residents judgment for plaintiff, 57.25. James H. Chapman, trustee, vs. Seth B. Moffitt; judgment for $337.16, and chattel mortgage covering one hog, four head of males, six horses, harness, farm tools, etc., etc., purchased by defendant at the assignee’s sale at Fair Oaks, May 26, 1904, be foreclosed and property be sold. Hugh Brosnan vs. Johanna Brosnan; court finds defendant to be of unsound mind and appoints Hugh Brosnan guardian to manage her affairs, he to file bond in sum of $1,500. Tbos. W. Grant vs. Flora E. Greenfield et al; judgment for $447.76 and mortgage foreclosed. Charles E. Hershman vs. Richard Passons; dismissed by plaintiff. J. E. Augesburger vs. Christian Gerber; defendant ruled to answer Nov. 3, 1905. Deposition of Barbara Saltzman ordered at office of Sigmund Livingston at Bloomington, 111., on Nov. 7, on defendant’s motion. Ida M. Heafer vs. William Andersch; report of receiver presented, showing that the real estate bad been conveyed to plaintiff before there were any rents and profits collected, ana receiver is discharged. J. A. & W. Bird Co., vs. Lee Jessup; Judgment foi plaintiff, $57.25 Mary E. Spitler vs. Lucas Lnmpp; dismissed by agreement. George W. Pfleeger vs. Charles Warner and Mrs. Charles Warner his wife; judgement for plaintiff, $87.00 James H. Chapman, trustee, vs. Albert Keen et al; plaintiff granted new trial. William H. Bush & Co. vs. Edwin Fairchild et al; demurrer over-ruled and defendant ruled to answer first day of November term. N. P. Valerius ys. same; same ruling. Wolf Bros. Shoe Co. vs, same; same ruling. N. Hazlett vs. Samuel A. Dutcher et al; continued for service. James Hill et al vs. William D. Crothers et al; continued, notice ordered to non-residents. Nora Casey et al vs. William J. Reed, guardian; dismissed on defendant’s motion as to Nora Casey; demurrer over-ruled; defendant files answer and case continued to Nov. 15. Sprague Warner & Co., vs. F. M. Abbott; judgment for $103.98. John H. Jessen vs. S. P. Thompson et al; dismissed by plaintiff at his costs. The remonstrators in the 8. F. Iliff et al road matter in Jordan tp., asked for a new trial, which was over-ruled and the case will go to the supreme court. The following cases were sent oat of the county on change of venue: Frank G. Perkins vs. Max Weller, to Newton county. Frank B. Vennum vs. Frank B. Ham, to Newton county. State vs. A. & T. J. McCoy (eight cases) to White county. Reed, administrator, vs. Panhandle railroad company, to White county. Chapman, trustee, vs. the MoCoys, to White county, Lee Jessup vs. Mattie Rinehart et al, to Newton county. Chapman, trustee, vs. John W. Paxton, to Newton county. Chapman, trustee, vs. W. B. Austin, to Newton county. Warner vs. Marshall, to Newton. Broken spectaoles or eye glasalenses duplicated by A. G. Oatt, Optician, office over Warner’s hardware store. The city tailors give the open* ing at Murray’s, Oct. 18 and 19.