Richmond Palladium (Daily), Volume 33, Number 67, 22 April 1908 — Page 4

PAGE FOUR.

THE RICHMOND PALLADIU3I AND SUN-TELEGRAM, WEDNESDAY, APRIL 22, 1908.

THE RICHMOND PALLADIUM AND SUN-TELEGRAM.

Palladium Printing Co., Publishers. Office North 9th and A Streets. RICHMOND, INDIANA. PRICE Per Copy, Daily 2c Per Copy, Sunday 3c Per Week, Daily and Sunday 10c IN ADVANCE Ont Year 55 00 Entered at Richmond. Ind., Postofflce As Second Class Mail Matter. REPUBLICAN TICKET. STATE. (Jo vfrnor JAM KS K. WATSON' Lieutenant Governor FREMONT ('. GOODWINM - Secretary of State KHKD A. SIMS. Auditor of Stati JOHN C. BILLHKIMHK. Treasurer of State OSCAR HADLKY. Attorney General JAMES BINGHAM. State Supeiinf endent LAWRENCE McTl'K N A N . State Statistician J. L. PEKTZ. Judge of Supreme Court QI'INCY A. MYERS. Judge of Appellate Court DAVID MYERS. Reporter of Supreme Court GEORGE W. SELF. DISTRICT. Congress WILLIAM O. BARNARD. COUNTY. Joint Represents tire ALONZO M. GARDNER. Representative WALTER S. RATLIFE. Circuit Judge HENRY C. FOX. Prosecuting Attorney CHAS L. LADD. Treasurer ALBERT ALBERTSON. Sheriff LINUS P. MEREDITH. -Coroner L. BRAMKAMP. DR. A. Surveyor ROBERT A. HOWARD. Recorder WILL J. ROBBINS. -Commissioner Eastern Dist.1IOMER FARLOW. -Commissioner Middle Dist.BARNEY II. LINDERM AN. -Commissioner Western Dist.R'OBERT H. BEESON. WAYNE TOWNSHIP. Trustee JAMES H. HOWARTH. Assessor CHARLES K. POTTER. 1 A SENILE ATTACK ON LOCAL PRESS. City Controller Parry, has seen fit to state that the newspapers of Rich tnond are heralding the failure of the municipal light plant either from "principle or money interests." The editor of this paper asked Controller Parry yesterday. If he believed any newspaper in this city was opposing the municipal plant not from principle, but on account of having been "bought' up." Controller Parry stated that he did not believe any Richmond newspaper was opposing the municipal plant for any reason other than prinlple. He was then asked why he had Insinuated 'in his-report that the local newspapers might be opposing the municipal plant on account of "money interests," especially in view of the fact that he did not believe such a thing to be true. To this he made the illuminating reply that while he believed the local newspapers were opposing the municipal plant on account of principle, still he did not know for sure and therefore also said in his report that the opposition might be due to "money interests." Yesterday we were quite wrathy over Controller Parry's Insinuation that the opposition to the municipal plant on the part of the local press might be on account of "money interests." Today, however, in iewing the matter, his action appears too silly, too much like the peevishness of a man in his second childhood, to merit any serious consideration or to call for any defense of the two local newspapers. It looks too much as though the administration had run out of arguments for staving off the investigation thai ought to be made into the management and affairs of the municipal plant, and had descended to the level of the gutter in order to throw mud and mire, in order to raise a big noise in another direction and away from the municipal plant. We must say, however, we are disappointed to find Webster Parry, a man whom we had always considered a gentleman, allowing himself to be the tool of the administration and placing his signature to an article that attacks the integrity of the local press. Especially so la view of the fact that he

states that he believes the local newspapers are actuated solely by principle and not on account of "money interests." It is always sad to see an honorable man prostitute his honest beliefs in any manner, and especially so when that man is part of a "reform' administration, that swore it would devote its undivided efforts to giving the Citv of Richmond a business like ad-

! ministration and every one of its cit izens a square deal. FA T Majority of Editors Attending Eastern Meeting Speak For Roosevelt. EIGHTEEN ARE OPPOSED. New York. April '12. Editors and publishers representing every state in the union and every possible shading of politics are here in attendance at the annual meeting and ( lection of the associated Press. "What is the sentiment among the people where your paper circulates regarding President Roosevelt's nomination on the republican ticket.'' was the question asked these editors. Twenty-three were found to be in favor of his renomination. eighteen opposed and fourteen were non-committal. TEN YEARS IN TORMENT. A Wonderful Escape From Torture. While the Root Juice demonstrations were being conducted at Lafayette, Ind., Mr. A. C. Roberts, a traveling man. rushed in to the drug store and grabbed the scientist by the hand and said: 'There is no man on earth whom i would rather shake hands with than yourself. Through your great discovery I made a wonderful escape from torment. This world was a perfect torture for me for over ten years. Every dollar I could rake and scrape I gave to doctors and paid for medicine without anything more than momentary relief. My principle troubles were in my stomach, bowels and back. My kidneys gave me so much trouble I had to get up from ten to fifteen times a night, and if red hot coals were Kept on mv back I don't believe I would have suffered any more. The doctors said niy stomach was lined with gastric ulcers. One bite of solid food would put me in misery. I was dyspeptic, constipated, sallow, weak and nervous all the time, but. the first bottle of Root Juice made a wonderful change for the better in my condition. I took about five bottles of the Juice and I don't believe that an angel from heaven could be any happier than I am now. T teel like a new being, both mentally and physically, and will never stop praising Root. Juice as long as I live." The Juice has made scores of cures here, as anvone can learn by going to A. G. Luken & Co. drug store. 800 ATTENDED DISTRICT Prominent Red Men at Connersville Yesterday. Connersville, Ind.. April -J. The district meeting of the Improved Order of Red Men. which was held in this city yesterday, was attended by about SX members. Twenty tribes were represented. Among the Red Men who attended the meeting were the following officers of the Great Council; C. A. Robinson, great sachem, of Greenfield; D. T. Kisner. great senior sagamore of TerreHaute; Charles M. Stout, great junior sagamore, of Middletown. and Thomas G. Harrison, great chief of records, of Indianapolis, who conferred the great council degrees on thirteen candidates. After the usual business session this afternoon the council adjourned and met again last evening at the opera house, where three degrees were conferred. SHELBVVILLE GETS ANOTHER CONVENTION Democrats of Sixth to Nominate There. Rushville. Ind., April 22. The democratic county chairmen of the Sixth district met here yesterday to select a time and place for their congressional convention. As Thomas R. Marshall nominee for governor, has consented to speak at the convention they decided to leave the date to his decision. The convention will be held during the week of May 2'.), preferably May 21. ShelhyviHe was the city selected. Th? joint senatorial convention will be held here May 2;'. John A. Osborn. district chairman, presided at the j meeting and I". S. Jackson, state chair- ! man. was in attendance. Th- Sunris, Of I-tfe. Irtarts and rfciUrei; ;.re constantly needing a axative. It is inn-rti tit to .cvr what to give :if tn. Their stomach and bowls are not strong inoush for s.Vits. purgative waters or cathartic powders or t-'.aets. Give them a n0d 'easant. eentle. laxative tonic like Dr. CaMtil's Syrup Pepsin, which sells at tha small m ot 50 cents or SI at Oruif stores. It is the :;e great reroe..!? 'or ;. c.-jve ia the houie tf ;ive children - it. MASONIC CALENDAR. Wednesday. April 22. Webb lodge No. 24 F. and A. M. Called meeting. Entered Apprentice degree.

VORRENOMINA

ION

PRESIDENT'S FRIEND

Senator Beveridge Is Strongly In Favor of Large Fleet Of Warships. APPROPRIATION IS NEEDED. Washington. April '"'. Senator Beveridge has come out in favor of a large navy. He would have not merely one enormous squadron of fighting ships, but two one to parol the Atlantic and the other the Pacific. In a few days the Indiana senator will make a speech advocating an appropriation to construct four battleships. Yesterday he made a speech in which he came out unreservedly for a strong navy that would be able to sink any other fleet afloat and to police the world if deemed necessary. ALWAYS FRIENDLY This Will Be Attitude of China Toward the United States. MINISTER WU IS OPTIMISTIC New York, April L'J. Bearing messages of peace and good will from the Celestial Empire, and expressing the conviction that the relations between China and the I'nited States will become closer day by day, Wu Ting Fang Minister from China, speaking last night at the banquet of the American Asiatic association at Delmonieo's, made his first public appearance since his return to America. Wu Tiug Fang said: ' China has been and is making reforms in many directions. It is worth while for merchants who wish to have dealings with China to study the progress she is now making. China has become modernized. "There are now no matters of great controversy between China and the I'nited States which cannot be amicably settled and the political horizon is tmooth and clear. There is no mist or cloud such as I am sorry to say existed some years ago and which happily have been dispersed. In this I mean the boycott on American goods. "The boycott was started in Shanghai and in the south of China while I was one of the ministers in the Wai Wu Pu (the foreign office in Peking, and I and my colleagues were doing all we could to stop the agitation. "China's relations with America will always remain friendly.' AN UNUSUAL REPORT Marion County Grand Jury Investigating the Graft Cases Tells of Work. THAT X-RAY MACHINE. Indianapolis. April 22. The grand jury investigating the charges of graft in county offices here has an unusual report. No additional indictments are announced, but the jury says there was present grafting which it could not reach. Regarding the purchase of an X-ray machine by the county commissioners from Ixiuis Haag. druggist, the jury said: "We find that at the time Louis Haag presented a b'H for the machine he did so on a theory of gettin' a-plenty while he was a gettin'. Haag only knew that some slick man had sold a machine to the city for $500, and upon that knowledge he submitted a bid to the county for $775." The jury investigated the deal by which the agents for the United States Standard Voting Machine company here made a commission of $19,500 from the county by the sale of 130 machines. The jury says, however, tiiat it found no evidence of a division of the commission with the county commissioners. TRUST TO BE PROBED Congress Authorizes Appointment of Committee to Do the Work. IS AGAINST PAPER COMBINE Washington. April 22. Speaker Cannon Tuesday had the house authorize the appointment of a special committee to investigate the International Paper company, to see whether it was a monopoly in restraint of trade ami liable to prosecution under the Sherman anti-trust law. The committee consists of Representative James R. Mann, of Illinois; James M. Miller, of Kansas; Henry Brannon, of Ohio; William H. Stafford of Wisconsin; T. W. Simo. of Tennessee and William H. Ryan, of New York. Mr. Bannon ia one of the leading stand-patters of the house, and Messrs. Mann, Miller and Stafford are against tariff revision at the present time. Messrs. Sims and Ryan are democrats. The committee has the authority to summon witnesses, compel the production of books and do all things necessary to a thorough investigation of

WORDS OF SYMPATHY

FOR W. 0. Congressional Nominee Was Devoted to Parent. New Castle. Ind., April 22. Words of sympathy from all over the Sixth district have come to William O. Barnard of this city, republican candidate for congress, on account of the death of his mother. No man was ever more devoted to his mother and aged father than was Judge Barnard and the death of the mother is a deep blow to him. The funeral was held yesterdsIS JOHN VAUGHAN AS TIMID A LOVER AS IS ALLEGED (Continued From Page One) appeal to the members of the jury for justice in open court N because the same had been denied her by the defendant after his promise to make her his wife. The attorney threw all his spirit and energy into his argument. Preceding him. Mr. Study had called to ihe attention of the jury alleged inconsistencies in the testimony and made the direct statement the evi dence offered by the plaintiff had been manufactured. Mr. Robbins labored to controvert this assertion. He pointed to the demeanor of the defendant on the stand and asked if his bearing was not that of a man who held malice for the woman who was suing him. Mr. Robbins' argument was inclusive and in the period in which he addressed the jury, he endeavored to refute all testimony of the defendant and include all that offered by the plaintiff. Charges to the Jury. Judge Fox, after stating th issues and giving some general charges concerning: the. burden of proof and the credulity of witnesses, instructed the jury, in part, as follows: "The court instructs you that marriage contracts, when voluntarily and understanding entered into by competent persons, are valid and binding upon the parties thereto. If a party to such a contract, without any good and sufficient excuse, and without being absolved therefrom by the other, contracting party, fails or refuses to comply with and perform such contract, such party will be held liable for breach, providing the other party is ready and willing to consummate the contract. "As has been stated, the plaintiff charges in her complaint that the defendant, in the month of March or April, I!;, entered into a contract, with her in which he promised and agreed to marry her in consideration of her promise to marry him. in the month of October, 1!KV, and that the defendant afterwards refused to comply with such contract although she. the plaintiff, was ready, willing and anxious to carry out such a contract according to its terms. Upon this contract and the breach thereof, the plaintiff seeks to recover judgment against the defendant, she making such contract and breach the foundation of her action. In order to enable the plaintiff to recover, the 'existence of this contract, as well as the. breach thereof, must be proved by a fair preponderance of the evidence. If there was no contract and no breach, then there can be no recovery. In entering into a marriage contract, it is not necessary that the parties should use any formal or particular words or language. It is necessary, however, that they should come to a mutual understanding and agreement to marry each other. This they may do by words, acts and conduct. "A marriage contract may be established by express proof or by the proof of facts and circumstances from which it may be reasonably and consistently inferred. The plaintiff, in order to maintain her action against the defendant for a breach of the mar riage contract, which she charges she and the defendant entered into, must show not only a promise to marry on the part of the defendant, but. must also show an ability and readiness or offer on her part, to perform the contract: but this fact may likewise be inferred from facts and circumstances proved at the trial from which such inference can be reasonably and consistently drawn. "A verbal or written contract of marriage, which by its terms is not to be performed within a year from the making thereof, is not enforcible under the law-s of this state: and an action for the recovery of damages for a breach of such contract or agreement cannot be maintained under the law. "As far as the consideration is concerned in a marriage contract, the law regards the mutual promises of the parties as sufficient to support the contract: that is. it regards the promise of the one. as a sufficient consideration for the promise of the other, and in the absence of fraud, such mutual promises would render the contract a binding obligation as long as conditions remain unchanged. "If competent parties enter into a marriage contract and no time is fixed when the marriage is to take place, the law presumes that it is to be consummated within a reasonable time. If a definite time is fixed h the contract, this will control, as far a performance is concerned, unless a change is made by the parties. I "If you find for the plaint! f and find that the defendant entered iflto a marriage contract with her and ten committed a breach thereof witout any fault on her part, as she ehaigits jn her complaint, then any amount sa would , be entitled to recover on accoutt there of, should be in the way or crjnetjsa. for tuch. injury as resulted to her

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proximately from the said breach; and in determining such amount, it would be proper for the jury to take into consideration the condition in which the plaintiff wa placed by reason of such breach and what condition she would have been in had the defendant complied with the contract according to its terms. "Evidence has been given tending to show the amount and value of the property owned by the defendant in the month of October. 190fi, the time the defendant refused to marry her. This evidence has been admitted, not upon the theory that the plaintiff had or has any special or vested interest in the defendant's property or is entitled to any part or portion thereof, as such. She is not the wife of the defendant, neither does she claim to be, and for this reason she has no marital rights to his property. If you find for the plaintiff it will be your duty to fix the amount of damage to which you think she is justly entitled, under and in the light of the evidence. In fixing this amount you have the right to take into consideration the rank and the social relations of the narties at the time the breach occurred, if it did occur, the length of time t'.iey were acquainted and of their engagement, the depth of the plaintiff's devotion to the defendant, if any has been shown, the degree of intimacy between them and all

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the injuries whic'j the evidence shows j the plaintiff has sustained resulting j proximately from the acts and conduct j of the defendant whether they be distress of mind, blighted affection, disappointed hopes, humiliation and disgrace and loss of scw'al rosition. After considering all the evidence in the case and the instructions of the court, yon should awad the plaintiff such damage as you. in your judgment think will fairly compensate the plaintiff for the injuries she received. if any there was. Mrs. Smith was placed on the stand yesterday afternoon to answer questions on matters brought out by Mr. Vaughan in his examination. She said whik sitting in Mr. Vaughan's parlor. December 2;. 1907, her skirt was pulled down somewhat by Mr. Vaughan catching his foot on it. He offered her a pin and she remedied t'.ie accident. She said it did not occur as she was leaving the house as testified to by Mr. Vaughan. Mrs. Smith said Mr. Vaughan was not in Kentucky in 1904 but in 190:). The defendant had testified he was there in 1904. Mr. Vaughan had said he was not in Kentucky in 190.'.. The witness denied the assertion of Mr. Vaughan she had told him Mr. Laoay and she were to be married and go to the battlefields. "A Successful Merchant's Advice to His Son." was given as the title of the book In which

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the plaintiff wrote "My Darling John Vaughan." Mrs. Smith dented going to Mr. Vaughan s house when the hired girl was not present and asking for the. temporary use of the privileges ot the residence. The witness said fhe not consulted in regard to the amended complaint and never saw its contents and was not aware of It In anyway. Mrs. Mary Pittsford. the sister of Mrs. Smith said she was present when Mr. Vaughan told Mrs. Smith about a visit to Kentucky in 1904. "No sir." replied Mrs. Pittsford when asked by Mr. Study in eros examination, if the facts she had testified to had not been related to her within the past hour. The plaintiff's counsel offered to the jury In evidence the letters alleged to have been returned to Mrs. Smith at her request by Mr. Vaughan. The jurors were very careful and took pains to examine the contents ot the billets doux. Mr. Vaughan was called to th stand by the plaintiff. He was asked If his daughter. Catherine wereJn Richmond. He did not need to answer tlie question as the court sustained the objection. Mr. Vaughan was asked by Mr. Study If he in 1904 ever told Mrs. Smith and her sister about his visit to Kentucky. He replied "I positively did not."

stant. It even begins in the month by increasing the flow of saliva.

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