Terre Haute Weekly Gazette, Terre Haute, Vigo County, 19 January 1882 — Page 3
cd CO
it! i"
»*sy 4* ,1a -m
"tk
tmtim
•t is ,» if
0 1 A W
t-
cd E
a
CO
cd jez
CO CO
Y. C0 0»
Jl 1ft tT S
O
O Cd IO •c _•
CO 2 "2 2
3
2, o»
S "g 0 CO L. 1
O S-
a? (O 4^ __ a) e: «/j a E a) E
c-/
CO
$2 fl) 5 a
T3 CO
a
03 CO
5
CD £_ a
"5 CO
O a
a H-
CO
RAILROAD TIME TABLE.
1
Owing to a press of reading matter tlie time card will not appear in full regularly, except on Saturdays:
The Logannport Division.—Trains leave for the North at 6:00 a and 4:30 Ttao JE. Jk T. H.—Trains leave for the 1
South at 2:65 8:45 a and 10:45 a m. The Illinois Midland.—Trainsleave for the North-west at 6:37 a m. 'hicaffo Illinois,—Trains leave for the north at 7:50 a 3:10 and 11:05 pm.
Terre Haute ft Worth! ngtoit.— Trains leave for the South-east at 7:00 a and 8:00 m.
The Vandal la.—Trains leave for the Bast 'at 1: 2 a 1:02 a 3:40 2:30 and 7:00 a in. For the West, at 1:32 am 10:18 a 2:50 rn aud 2:25 a m.
The 1. dc St. I,.—Trains for the East at 7)40 a 4:0~ pin and 1:50 a m. For the West at 10:30 l0:l'4 a and 1:50 a m.
|pre Ip-c/t/w $azetU.
THURSDAY, JANUARY 19, 1882
THE NAILOR'N CONSOLATION.
C11 AKI.ES dickens.
One night came on a hurricane, The sett was mountains rolling, When Barney Buntlino turned his quid,
And said to Billy Bowling "A strong noi'westei's blowing. Bill: Hark! don't you hear it roar now? Lord help 'era, how I pities all
Unhappy folks ou shore now.
"Foolhardy chnps who live in tawn, I What danger they are all in, And now are quaking in their beds,
For 1 fear the roof shall fall in, Poor creatures, how tliey envies us, And wishes, I've a notion, For our good luck in such a storm,"
To be upon the ocean.
"But as for those who're out all day, On business from their houses, And late at night are coming home,
To cheer the babes and spouses While you and 1, 11, on the deck, Are comfortably lying. My eyest what tlleS and chimney-pots
About their heads are flying!
"And very often have we heard How men are killed and undone, By overturns of carriages,
By thieveB and fires in London. We know what risks all landsmen run, From Noblemen to tailors Then, Bil', let us thank Providence
That you and 1 are sailors!"
BIRD'S EYE VIEW
Of the Salient Points in the Week's History
Especially Prepared for Additional Saturday Readers.
DOMESTIC.
Kiss Mamie Smith lias been visiting in Pan a. Miss Madge Walmsley left for Baltimore to-day.
A three year old son of David Harrisen died Thursday. Will Hytlr and Orange Smith, of Chicago are in the city.
Miss Kate Rlt-Leod, of Danville, 111., is -visiting in the city. Mr. Emil Bauer the milliner, has returned with his bride.
H. 6. Skinner, of Baltimore has been Yisiting Dr. Thompson. Miss Lillie Taylor, ot St. Louis, is visiting Mrs. James Hunter.
Mrs. Baldwin, mother of Mrs. Sarah Yates, died in New York January 6th. The Ringgold band gave a masquerade ball at Dowling's Hall Thursday night
Carson Smith pa'd a flying visit to his relatives and friends, the first of the week. Mrs. Dr, Ames, neo Miss Zervia Tuttle died atLas Vegas New Mexico, January 10th.
Oilman & Reynold's commenced work
i-i
it fc
in their new cooper shop the first of the week. Mrs. Dr. Cutler, of Ohio, is visiting her triother Mrs. Mauta, on south Fourth street.
Mr. J. P. Foley and wife celebrated the fifth anniversary of their marriage Jan. 9th.
Edward C. King, an old resident of this place, now living in Wisconsin, is visiting in the city.
Dr. J. W. Freed, residing four miles south of Hartford, was found dead in his bed Jan. 9th.
Miss Flora Carmac, who has been visiting Mrs. J. P. Crawford, has returned to Waterman.
Miss Taylor, of Buffalo, N. Y., is visiting Mrs. Dr. W. P. Armstroug, on north Seventh street.
J. W. Cooper, of Here's Bazaar has returned with his bride, Miss Ida Hathaway of Greencastle.
Governor Porter delivered a lecture at Normal Hall Jan. 7th, on the early, history of Indiana.
Miss Fannie McCarter, who htfs been visiting the family of John S. Beach, has returned to Brooklyn.
Mrs. John Wiley and her daughter Julia of Topeka, Kan., are visiting R. W. Rippetoe's family.
Misses Maria and Mollie Stevenson, of Grcencastle, have been visiting their sister, Mrs. T. J. Griffith.
Mrs. Juliana Button, mother of J. Q. Button, died Thursday night of neuralgia of the heart, in her 75th year.
Hon. Bay less Hanna and Judge C. F. McNutt have been in St. Louis this week, on business connected with the estate of McKee, the whisky ring man.
Mrs. Garvin and her son Willie have returned fr »m Florida, leaving Mr. Garvin at the Springs, near Gainsville.
Mr. Wm. Sage will soon commence the confectionery business soon in the old stand that he occupied for so many years.
E. F. Williams, for nine years connected with the firm of Ryce & Walmsley has retired and will eommence the practice of law.
John E. Lamb, opened the argument Thursday to support anew trial for Gibson. Judge McNutt answered the arguments for the defense.
Mr. Mark Slrryer was married to Miss Nellie Davis at Anderson, Ind., Jan. 10th. Mr. and Mrs. Shryer are at present visiting John G. Shryer's family.
William Mnrkham, second engineer of the distillery has resigned and gone to Litchfield, 111., to take the position of head engineer of the Planet Mills, of that place.
Judge B. E. Rhoads rendered Thursday a decision in the case of George Holdeman vs. the I. & St. L. railway for damages claimed for the killing of Holde man's son. The decision was in favor of the railroad.
AJC. Noteware, a brakeman on the Vandalia railroad, fell from freight train No. 26, and was run over and killed. He lived at Galesburg, Illinois, where he leaves a wife.
General Terry, in his report for the Department of Dakota, says the Indian outlook is unfavorable. Buffalo are scarce, the Indians make raids on cattle, and ranchmen are organizing for protection.
The Terre Haute Club has just completed ils first year. The following officers have been elected for the ensuing: year: Frank McKeen, President J. W. Cruft, Vice President Charley Minshall, Secretary and David Buntiu, Treasurer. Mr. Jacob Early presnted the Club with a beautiiul picture, entitled Othello.
Guiteau had a $1,500 worthless check sent him by some practical joker. It is not the first time during tlie trial that such a thing Ins occurred. Scoville himself has had worthless checks sent him, oac for $15,000, ^Judge Porter said in his speech that Guiteau is tightening the rope around his neck. Davidge opened the argument for the prosecution January 12th in a telling speech, which made the prisoner very nervous.
The following marrriage licenses have been issued during the week. -r George Forhorsi and Mollie Funk*.
William H. Safford and Rebecea S. Morley. i, Thomas Ford and Johanna Jarot.
Fraucis M. Martin aud Ahvildy V. Reed. Allen F. Berk and Maltha Shaw
Stephen Russel and Chloe Chadwick. Charles Farmer and Lena Druluier. John J. Sandersjand Mary E. Fidler. William Wenx and Mandaline Snyder. Frdinghuysen, Secretary of State, has just received from St. Petersburg information respecting the fate of-the Jeannette and her crew. Danehhouer and five of the cerw of the whale boat arrived at Zakutsk on Dec. 17. Melville and six men are expected soon. DeLong and the crew of the first cutter, were not found on Nov. 16tQ, the last date. Boulouenga reported that the Jeannette caught in the pack on Oct, 1,1879, and drifted with the winds and currents till June last, and was then abandoned.
TELEGRAPHIC NEWS. A sugar refinery burned at New York January 8th. The loss is estimated at $1,500,000.
A fine block at St Louis, opposite the Lindell Hotel, burned January 8th. The loss will be $250,000.
Bev. Dr. John Cotton Smith, rector of the Church cf the Ascension, Fifth avenue, New York, died January 9th.
Morgan, the French Canadian who killed his wife September last, was hanged yesterday at Bimouski, Ont
Dr. Adams, assistant medical superintendent of the Kalamazoo (Mich.) insane asylum, was latally stabbei hy an inmate January 7th.
William G. C. Seymour, manager of the Madison Square Theatre, New fork, and Miss May Caroline Davenport were married January 8th.
John M. Walton, a wealthy farmer, of St. Paul, Ind., was fatally shot in his own house January 10th. Walton's wife was an accomplice in the crime.
Thaddeus Baber and Wm. Ward, colored, were executed yesterday at St. Louis. Baber for killing his mistress and her mother. Ward, killed his sweetheart because she refused to marry him.
Ths breath sweetened, loul odors irem the body removed, food thoroughly digested, good health permanently maintained by using Brown's Iron Bitters. A true strsngthener a sure cure.
Gclick& Bkrbt, Cook A Bell,
"'...r ,v Wholesale Agents.
Thensi tire sixteen convicted murderers in the Tombs, New York. .. 5
ARGUMENT
'%4.
In Support of a New Trial for Gibson.
The first point spoken of was the misconduct of the jurors who tried the case. It was asserted that thev were guilty of misconduct individually, and misconduct as a body. The individual misconduct consists in the action of Wilson, Garrigus and Shanks. As a body, they were guilty of disregarding the instructions of the court.
In the affidavit of Wallace it is stated that just before Wilson wos called to the jury box, he, Wilson, said to Wallace, "Areyou summoned here to help hang Gibson?" Wallace answered, "I am summoned here I don't know about the hanging." Wilson then replied, "If they want Gibson hung, they had better put me on the ury." Inside of five minutes afterwards Wilson took his place as a juror in this, cause.
In corroboration ot Wallace's affidavit, we present that of Ed. Vandever. Vandever asked Wilson if he gave utterance to the remark accredited to him in Wallace's affidavit. Wilson answered, mid something lite it, but don't remember whether those were th® exact words."
In answer to this evidence, the prosecution has filed the affidavitt of William H. Wilson, the juryman referred to. In this, Wilson says to Vandever, "I did not say them words" meaning the sentence referred to. But Wilson further says, "But I did not tell him what I did say," Mr. Lamb held that this affidavit was strongly corroborative of both Wallace and Vandever's and if Wilson's affidavit stood alone without that of Wallace, or of Yaidever, the court could not bat sustain the motion for a new trial. The man who held life and liberty so light as to say, "I believe I'll go up and say they ought to hang Gibson," was not qualified to serve on a jury. Wilson has a personal interest in every thing which his affidavit stales, and without corroboration, it is worth but little, and cannot b^ taken at its face value. On the other hand, the affidavits of Vandever and of Wallace sustain and corroborate each other.
If Wilson dicl make the remark with which he is accredited he is guilty of perjury for a few minutes later in answer to the question,''Ilaveyou formed or expressed an opinion on this case." He answered: "I have not," and he swore to his denial. Wilson, by so doing, holds himself liable to a trial for perfury, with a bright 'prospect for the states-prison a3the result. Wilson did not ask to be excused from serving, and so the businebs which he called so pressing could not have set so heavily on his mind as to cause that remark.
Wilson virtually says "I was willing to go up and swear to a lie," in order to be excused from serving. Wilson doesn't admit having said, "They'd better banc Gibson," it was not to be expected. He tries to dodge the charge. The court must take cognizance of the credibility of the statements of witnesses. On one hand we have only Wilson, who makes a sort of half-way denial on the other we have two positive statements, of uninterested and reliable witnesses.
Now in regard to Garrigus: B. W. Hanna testifies that during the progress of the trial, he discovered that Garrigus was asleep. In answer to this, the prosecution files the affidavit of Garrigus, who says that once or twicc he was annoyed by a feeling or stupor (new name for sleep). How does he (propose to draw the line between a place where he would be competent to reason upon what came to his hearing, and where he would be unconscious. Garrigus was so far under the influence of this stupor, that the efforts of those
arouDd
THE TERRE HAUTE WEEKL,r wAZETTE.
.,m\ r»o
4
n:
John Lamb Opens the Armament Before Judge Long This Horning.
.91
From Thursday's Dally.
This morning, John E. Lam? one of the attorneys for Eleazer Gibson, opened the argument, in the Criminal court, on the motion for anew trial. A brief ab« stract is given of his speech, which fully sustained Mr. Lamb's reputation as an eloquent, shrewd and intelligent lawyer.
to arouse him were in
effectual for some time. It is also insisted that the verdict be set aside because a juryman. Shanks, was separated from the remaining jurors without being In charge of the bailiff and drank a Targe amount
rof
liquor during
the trial, giving room for a charge of intoxication. The affidavits of Reagan and Watts state that Shanks went with the rest to the privy, and was left behind there, having as he affirmed the diarhoea (probably the result of drinking), and that some ffme afterwards, Shanks came to the door of the jury room alone.
John Staff says that Shanks came into his saloon, drank whiskey, and mingled with the crowd, and was not with the bailiff.
A man who drank as Shanks did, and throughout the progress of the trial, was very likely to sneak out every chance he could get. Shanks was absent twice, the knowledge of competent witnesses. It is probable that he did the same at ether times, without the knowledge of any one, and at places and in the company of persons unknown.
The court may refuse [to grant our prayer for anew trial, if the verdict is manifestly just. But it is not just, according to the theory of the defense, or that of the prosecution. The prosecution holds that the killing whs a premediated and cold blooded murder ana if this be true the verdict was a farce. The defense holds, that the killing was in self defense and if that be true, the verdict was an outrage.
Mr. Lamb reviewed the evidence in regard to the motive Gibson would have had for the killing. He endeavored to show that Jacob Prioe made the insulting remark to Hall's wife, which caused Hall's anger and which is accredited to Gibson. He then reviewed the killing in an exaustive argument tending to show that Gibson was under Hall when the shot was fired and that Hall followed Gibson into the alley.
The jury decided against the evi
.'jl •. '-J in A
dence, and was thus guilty of misconduct as a body. The last argument bf Mr. Lamb that, in the Sthfinstruetion in his chaise to the jury, Juige Long said that the violent use of the weapon argued a murder ous intent, and thus mislead the jury.
This afternoon, Judse McNutt will answer the arguments of the defense, and Sant. C. Davis will follow.
Prom Friday's daily.
In the sflerncon Mr. Samuel Hamill opened the argument in behalf of the State. He first referred to the misconduct of Wilson. Blackstone has laid down the rule "that anew trial can not be granted unless the misconduct of the juror or jurors is such as to prejudice the rights of the defendant, as laid down in the premises." He referred to the separation of a jury. It was not sufficient cause to grant anew trial on, unless the juror was guilty ot some misconduct to the prejudice of the defendants cause, and certainly the defense in this trial has not shown any such misconduct. It has been held by our courts that the proof of a charge of drinkiog during the progress of a trial is not a good cause for anew trial. Neither was the statement of a juror after atrial as to his belief as to what ought to be done to the prisoner sufficient grounds for a new trial. Mr. Hamill then went into an examination of the evidence,and said itmadenodiffereuce what the verdict was. It was the jury's place to determine that, and whatever it might be it should have no weight in a motion for anew trial. It don't make any difference whether the theory of the state was right or wrong. That was not the question of the trial. The question was whether Gibson killed Hall or not. Mr. Hamill then made a brief, able and comprehensive review of the ease, which was listened to with close attention by all present. He was followed by Judge C. F. McNutt, who made the closing spcech in behalf of the state.
Mr. McNutt made two divisions to the case: the first embracing the question relating to the misconduct of the jurors as shown in the affidavits second, as to the verdict and its being contrary to law and the instructions of the court. Wilson is said to have made a remark expressing hissviews in regard to the merits of the case just before he was called on the jury If the remark was made in jest, as Wilson asserts, it should not be taken into consideration. There is no evidence to show that Wilson was ever prejudiced. The affidavits of Wallace and Vandever do not show that Wilson ever expressed an opinion about the merits of t&e case. Judge McNutt then argued the question of the separation oi jurors. The conduct of Shanks was only reprehensible, not such as to warrant the granting of a new trial. Shanks' conduct while separated from the rest of the jury has not been shown to be such as to prejudice the cause of the defendant. Shanks was not intoxicated at any time during the progress of the trial.
The time for adjournment had now arrived, and the court adjourned to meet this morning at 9 o'clock.
At 10 o'clock this morning court reassembled and Judge McNutt finished the argument for the state. He first called attention to the law in the matter of the separation of the jury. The counsel on the opposite side have endeavored to make the difference between the new and the old statutes in relation to this, lie in the u^e of the word y"shall" ,in the latter instead Of "may" which is used inihe former. The Supreme Court has refused to decide that the old law, reading "may,'' must be construed "must." The counsel for the defense endeavored to show that although "mav" is not always construed "must," yet "shall" must al'ways be constiued so, thus making it mandatory upon thu court, by the new law, to grant anew trial if the separation of the jury is proved. The prosecution holds that "may" and "shall" are used interchangeably, and that the construing of either as "must" necessarily depends upon extraneous circumstances. There is a statute reading thus: "A new trial shall be granted upon the discovery of new evidence." Now if it is mandatory upon the court to construe "shall" as •'must," a new trial must be granted upon the discovery of even the most trifling evidence, which might have no material effect upon the case. This is the fourth cause for the granting of a new trial presented by the defense. It is discretionary, not mandatory, with the court to decide when "shall" ot "may" is to be construed "must." Judge McNutt endeavored to sustain this proposition by numerous decisions which be read.
The next phase of the motion for anew trial which was discussed, was that of the intoxication of jurors.
There isn't the slightest evidence of intoxication on the part of any juror. The defense does not even charge Garrigus with drinking. They say that Shanks drank, but there isn't the slightest evidence or charge of intoxication on his part.
In reear.l to the sleeping of Garrigus, the evidence pro and con was reviewed in an able manner, and Judge McNutt showed to his own satisfaction, that Garrigus was not asleep.
The 8th instruction of Judge Long, which was objected to by Mr. Lamb, was spoken of in a rather lengthly argument, tending to sustain the law of the instruction.
Mr. McNutt's speech, though rather long, was a clear and concise statement of tne various phrases and arguments in the case, showing deep legal research and giving an able exposition of the position of the prosecutions.
The speeches so far on both sides have been eloquent and forcible. This afternoon Mr. Sant C. Davis is closing the argument for the defense. *^4
If you are tired taking the large oldfashioned griping pills, and are satisfied that purging yourself till you are weak and sick is not good common-sense, then try Carter's Little Liver Pills and learn how easy it is to be iree from biliousness, headache, constipation, and liver trouble. These little pills are smaller, easier to take and give quicker relief tbao any pill in use. Forty in a vial. One a dose. Price 25 cents.
Sixty years ago land now wanted for a park in London, sold for $60 an acre. It is now valued at $11,500 per acre. •ifi
A fubk, wholesome distillation of witch hazel, American pine, Canada fir, marigold, clover blossoms, etc.. fragrant with the healing essences ot balsam and of pine. Such is Saaford's. Radical Cure for Catarrh. Complete treatment tor $1.
.ir'
vp* toM
-ki
PAUL TRAGEDY
1
«-V I.).
Jl
&
Further Particulars of the
ttyina
mion of John M. Walton-
T.viiU.
k.^.\
The Wife of the Murdered Man Escapes by Disguising Herself in Male Attire*
I it
I'.i'r •j ksi*1
Bemoval of Qarrettlto the Oresnsburg Jail—Talk With the Assassin a Sentinel Keporfer-^ mimt jwiwi ,1' 1 FULL AND MIHUTE DETAILS 3¥*«v momma.
Special to the Indianapolis Sentinel? •,s§} Grbrmburg, Ind, Jan. 12.—The Sentinel correspondent to-day visited St. Paul, and thence, with the Coroner, went to the residence ot John M. Walton, the scene of the late tragedy Mr. Walton died from his wounds at half-past 8 o'clock this morning. Coroner C. Ehrhardt was summoned and, accompanied by Marshal Littell, of Greensburg, and Drs. J. L. Wooden and F. M. Howard, proceeded to hold a post mortem examination.
The autopsy showed that the skill had bean penetrated, several shot having entered the cranium and the wounds were necessarily fatal. Soon after death ot the victim orders were given for the rearrest ot Ellen Walton, the wife of the deceased, who had been admitted to $5,000 bail. Marshal Littell, acting as Deputy Sheriff, and Constable George S. Dickey proceeded at once with a warrant, but arriving at the house found that the bird had flown, and parties were hunting for traces of hei flight. Among the searchers was Bill Arnold, her brother, who seemed anxious to have the search made in a certain direc tion. The officers suspected his intentions, and returned to the house Arhich they searched, but wit|i no SUCCCS8
A brother ef the deceased says that he saw Walton carry a pair of Josh's boots to the barn, and afterwaids Mrs. Walton was seen going thither with a large bundle under her arm. The inference is that Mrs. Walton has escaped, dressed in the masculine attire of her brother Bill, as Bill knew of the order for the second warrant at least one hour before the constable started from St. Paul.
At 4:30 o'clock the express train was stopped at St. Paul and O. M. Garrett was placed on board and conveyed to the jail at Greensburg, the doctors having pronounced him in a condition to be removed. Garrett, though suffering from the wounds resulting from his attempted suicide, was communicative. He said to the Sentinel reporter: "Ellen has not gone she is hid in a closet under the stairway. 1 have been hidden there by her many a time when the husband came upon us unexpected." Upon this information a special constable was sent to make a more thorough search for the woman.
Garrett persistently denies any complicity in the crime, but admits that he knew the woman had been endeavoring to get the negro to do the bloody work. He says that formerly and frequently on the occasion of his visits to Ellen Walton (in Walton's absence) the dogs were often troublesome by their noisy barking that once be furnished the woman arsenic to poison them, but afterward, fearing she might poison Walton, he returned and took it away.
Garrett, iD speaking of his attempted escape, said "While sitting in the Court room I thought of the terrible complications into which I'd been drawn of the shame aud disgrace to be brought upon ray wife and daughter, I first resolved to kill the nigger and myself, but feared I would be prevented from killing myself, decided I'd kill only myself and end the trouble, but made an unlucky shot.
Mrs. Arnold, the mother of Mr. Walton, to-day attempted suicide by cutting her throat, but was prevented from doing herself serious injury, only a slight gash in the left side of the neck being made.
There is no disposition to execute mob law. The citizens are law abiding, and teel aggrieved that reporters draw upon their fancy to such an extent. They are only anxious "that no guilty man escape."
The body of the murdered man will be taken by his brother to Kentucky for burial to-morrow. The Walton family consisted of father, mother and two boys, Frank and Josh. It seems that in the family troubles Frank took the part of his father, and is now active in the pros ecution of the murderers, while Josh stood by his mother, and is even now paying his addresses to one of Garrett's daughters. «f|-
H0LDEMAN VS. I* 1' ST. L. RAILWAY.
A Decision by Judge B. E. Rhoads in -the Superior Court. .. r/H a fe*
~-ny
From
Friday's Daily.
751
4
AH IMPORTANT DECISION.
Yesterday Judge B. E. Rhoads rendered a decision in the case of George Holdeman vs. the I. & St. L. railway for the recovery of damages. Apart of the lengthy decision is herewith given
SYLLABUS.
1. Any mere informality in the adoption of a child in Ohio does not invalidate such adoption when the question Is raised in this state. ?. The legal adoption of a child in Ohio Is not sufficient to entitle the parents to recover in an action for damages, for loss of the adopted child, in the court* of this state, nnless oar statutes are strictly complied with before the grievance complained of
The
Contributory
negligence on the
part of the parents, In the death of a child, is a bar to the recovery for damages from a railroad eompanjr upon whose track the child is killed, «ven though the death was partly caused by the negligence
of the
com-
pai*ys' employes. This action was commenced by George Holdeman, to recover of the Indianapoli & St. Louis railroad company damages alleged to have been sustained by the plaintiff, consequent upon the killing of his son by the aetendanf.
The complaint charges that at the time Jr 'tAt a* J- •-rm
of committing the grievance by the defendant herein mentioned, the plaintiff was the adopted father of Frederick HWitmaai upd ttowycan amtp six nonths that the satd child w»s adopted by the plaintiff and his wife AtiAw Holdeman on the 3d day of September, 1878, by virtue of their own acta and a decree of the Probate Court of Huron county, State of Ohio, by the effect whereof he became their child as fully and to the same extent as if he had been their own natural child born in lawful wedlock that his original name was Lewis Miller, but that by the adoption his lawful name became Lewis Frederick Holdeman, and that since his adoption he continued to reside with his said parents till his death that defendant ia a corporation duly organized under the laws of Indiana, owning and operating a railroad which runs through the county of Vigo anf State of Indiana, and through the city of Terre Haute in said county that on the 13tli day of August, 1881, at the intersection of Fifth street and Lafayette avenue in the said city of Terre Ilaute the tiacks and road bed of the said railroad being then and there situate, the said defendant by her servants, wrongfully and negligently, sad without any nagligcnce or fault on the part of plaintiff fcr his said child, ran, ana caused to be run, a locomotive and train of cars, than and there owned and operated by her (defendant), on her said road-bed and tracks, against, on and over the body of the said Frederick Holdeman, cfushing, mutilating and mortally wounding him that by reason of said wounding he languished three hours, and so languishing, died from the effects of said wounding, at the said city of Terre Haute, on the said 13th day of August, 18S1.
The defendant answered the allegations of the complaint by a general denial. The issue of fact loined between the parties was submitted to a jury and the plaintiff having adduced his evidence and rested his case, the defendant notified the court that she would demur to the evidence. Thereupon the ease was withdrawn from the jury, the evidence reduced to writing, and tho plaintiff filed his joinder in ueinurrer, alleging that the evidence is sufficient to enable plaintiff to maintain his action.
The defendant in her demurrer to the evidence admits the facts stated by the witnesses and every Inference and conclusion which a jury might rightfully and reasonably draw therefrom.
There are three points in the case: First—Does the evidence support a conclusion that Frederick Holdemau, plaintiff's child, as alleged, was lawfully adopted
Second—Will the adoption of a child by citizens of another^ State, according to the laws of such State, ipso facto, authorize them after they have become citizens of this State, to maintain an action in the courts of fhis State to recover damages on account of the death of such child from one who has wrongfully and negligently causeu its death
Third—Was there such contributory negligence on the part of the adopted mother as to throw the responsibility of the child's death equally upon the plaintiff and defendant?
The answers of the Judge to these three points arc contained in the syllabus above given. 4- atmR-
BIG RESULTS~FR6M~L1TT1E CAUSES "Doyou know," remarked a man to his friend on Chestnut street, a day or two since, "I believe both Cenkling and Piatt had a bad case of skin disease when they resigned!" "What makes you think so?" iuquired the listener in astonishment. "Well, you see they acted in such an eruptive manner—so rash-ly as it were. Save. "Ohyes,I save." replied the other, they were boil-ing over and merely resigned to humor themselves, I suppose." If such he the case, tho National difficulty might have been averted by applying Swayne's Ointment for skin diseases.
The Little Joker is once more in her native element, the waters of the Wabash.
IF YOU ARE SICK READ*
the Kidnev-Wort advertisement in another column, and it will explain to yu the rational method of getting well. KidneyWort will save you more doctor's bills than any other medicine known. Acting with specific energy on the kidneys ana liver, it cures the worst diseases caused by their derangement. Use it at once. In dry and liquid form. Either is equally efficient, the liquid is the easiest, but the dry is the most economical.—[Interior.
Of 116 vaccinations by Dr. L. J. Willien at the Catholic Orphan Asylum, 112 have been successful.
CUSHIONED IN ROSY 6UMS,
inclosed in lips that part in smiles like the opening rosebud, the teeth gleam with dazzling whiteness if the charmine poscssor uses beautifying SOZODONT, cleanses aud blanches the teeth (without abrading the enamel like mineral preparations designed for the same purpose. This agreeably odorous and [salutary article not only benefits the teeth and enhances the beauty of the mouth, but removes canker, and remedies ulceration of the gums.
Messrs. Hoberg Root & Co., hav« altered the internal arrangements of their store, placing the dress goods department along the entire east side. A handsome new brass sign ornaments the front.
A CARD.
Tt all who are ruffering from the errors and indiscretions of youth, nervous weakness, early decay, lose of manhood. Ac., 1 will send a recipe that will cute yon. FREE OF CHARGE. This great remedy was discovered by a missionary in South America. 8end a self-addressed envelope to the Rev. Joseph T. Iiwah. Station D. New York City.
The once powerful Swiss soldiery of the Papal states are now reduced to about ninety men.
TERRIBLE LOSS OF LIFE. Millions of rats, mice, cats, bed-bugs oaches, lose their lives by collision with Rough on Rats." Sold by druggists 15cts
When Richard III was "himself again," we of course know who he was but who was he when he was not himaeit
Mbssbs. Dbeusickk& Moroan lave removed their gun and locksmith Shop from 428 to 418 Ohiostrtet. 1$ 41'
Pi#
ssai
11
-I! .-jf
SIS
1
3* i* *4 i'V, fev j- r*. •. ,» I. A 1 A