Terre Haute Weekly Gazette, Terre Haute, Vigo County, 14 June 1883 — Page 8

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Desirablef andJFaihionable

Particular attention is invited to ourextensive assortment in all the late shadings.

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Nunris' Veilings,

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French Foules, pi Summer Cashmeres, Albatross Cloth,

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Satteen Cloths^*:^ Check Suitings,

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All in beautiful assortment it ,. &mot TT

Reduoed Prices

THTOSDAf, JUNE 14, 1883

Send your laundry work to Hunter's Troy Laundry. No nicer work can be obtained anywhere in this country.

"WHKBE machinery is used the Drew Oil Cup will save *50 per cent of oil. Write for circular. Borden, [Selleck & Co., Chicago, HI.

Dr. Kline's Great nerve Restorer is the marvel of the age for all Nerve Diseases. All fits stopped free. SencL, to 931„Arch street, Philadelphia, Fa.'

LOCAL NEWS.

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FROM papers found in the possession of the tramp drowned in the Wabash it is discovered that he was employed at one time on the B. & 0. road. His residence is unknown.

Farmer Injured.

Wm. Richardson, a farmer of Linton township, was severely injured night before last at Hartford by the breaking ot a hand car lever.

Murder of a Former Terre Hautean. From a copy of the Hot Spring Sentin. el it is learned that D.J.J. C: Birch, a former resident of Terre Haute, was recently murdered at Mount Ida, Ark.

Geo. Robertson while running the saw mill at the ear works on Friday had the thumb of his right hand cut on. It was not complet lj severed, a little of the skin being leu on cut, and it was promptly put in place and tied up by Mr. Robertson. He hopes it will grow together and expects to be engaged in his usual avocations in a tew days. The accident occurred not from the saw in motion as is usually the case but by its falling from a nail on which it was being hung as the change ot saws was being made.

A Young Thief.

Officer Buckinham andDwyer to-day arrested a thirteen year old boy for the thieft of $6 from a laay named Mrs Walls, who came over from Casey on the excursion this morning.

Tne theft was committed in the parlors of the National House at about 11 o'clock The money was found on his person and owing to theyouthtulness of the boy and upon his promise to do better he was released.

Harrison Township.

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From the enumeration of Harrison Township the following tacts have been gleaned.

The eldest man is Eli St- Clair, age 90. He resides at the Smock farm on Ft. Harrison prairie.

The number of school children foots up 837. There were but three empty houses in the Township.

There is some talk of building a pew school house in the north west part pt the Township to better accommodate the school patrons.

C. (J. Belt and I. V. Preston have the finest stock ot Alderneys and Jerseys. But two men questioned the right of the census taker to know their ages, and •hey Anally gave in.

SOUTHEASTERN WAR:

Proceedings in the Gaw in Court W To-Day-

Application Made to Condemn Mr Koedel's Property and Ap- $ praiiers Appointed

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The Question as to the Writ

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Tahchty of

Goes Orer Till

Wednesday Momta?

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From Monday's Bally.

The exciting events of Saturday in connection with the attempt to enforce a writ ordering the T. If. ds 8. E. track torn up from in front of John F. Roedel's property on First street, in accordance with the decision of the Supreme court affirming for the second time the ruling of the lower court in the premises, have been subject of all talk since their occurrence. The GAZETTE of Saturday contained up to the time of going to press a report of what was done. Three rails were torn up altogether—two in front of Mr. Roedel's property on the southeast corner of First and Walnut an4 one in front on his store on the corner of Ohio— and although the work would appear inconsiderable yet it was sufficient to ab* struct the business ot the road in a large measure, hemming in, as it did, an engine and a number of cars and preventing train from the south trom going farther north than a little past E. Burns' coal offlfee on Poplar street. It has not, how ever, as stated in a contemporary prevented the regular passenger trains from going out this morning, starting from Walnut street. Trains will continue to run as usual.

The men engaged in executing the writ worked with a will and accomplished the object partially, notwithstanding the efforts of the train men by keeping the train in motion until such time as the restraining order asked lor by the railroad company could be duly granted and served. In their efforts to obtain this order the attorneys for the railroad met with a good deal of delay. In the first place, as has already been stated, Judge Allen, to whom application was first made, declined for the reason that before his elevation to the bench he had' been engaged as counsel in the case. It was some time, therefore, before Judge Scott could be hunted up and the necessary papers secured. When the injunction papers reached the scene the work of destroying the track promptly stopped in deference to the order ot the court. Judge McNutt, one of the attorneys for the property owners, mounted an elevation and read the restraining order to the assembled people, numbering perhaps over a thousand, advising them to dis er3e and await the final disposition ot the injunction, argument on which was set for nine o'clock this morning in the Circuit Court before Judge Scott. Many persons still lingered about the scene, but the majority departed for their homes, and the scene of turmoil and confusion a few moments before again relapsed into its former quiet and peaceable condition.

President Tuell was not in the city at the time, but was notified of what was going on and came back here on the flrist trafn. *4^ THE WRIT OP THE CLERK

The county clerk keeps in his office a a book in which attorneys enter orders to the clerk to issue writs and executions. When the order is compiled with a check mark is entered across it to show that it has been attended to. Saturday the attorneys for Mr. Roedel left the following:

John F. Roedel

VB.

T. H. & S.E. B. R. Co.—

Vigo Circuit Court—The clerk of said court will issue an execution for possession on judgment affirmed in the Supreme Court in this cause.

HMIPSH A MCNUTT, Attorneys lor plaintiff Roedel.

County Clerk Smith was about to issue the writ on that Oder when Mr. Mack wrote across the face of it:

The clerk will not issue this till ordered by me. WX. MACK, Attorney of Record.

This sort of complicated things: Messrs. McNutt and Harper had not been employed by Mr. Roedel until the motion tor the rehearing came up in the Supreme Court and as the record here showed only the appearance of Mr. Mack the clerk could not go farther than the record. Finally, the difficulty was settled by the first order being crossed out ana another, as follows, substituted on the next page.

John F. Roedel vs. T. H. S 8. E. R. R. Co., —Vigo Circuit Court—The clerk of said oourl will issue an execution at once in this cause. This I order in my own right. Wm. Mack haa refused to act as attorney for me and C. F. McN utt and T. W. Harper are my attorneys in said matter. Said execution will be issued for possession.

JOHN F. ROBDKL.

HOTIFICATION TO THBCLBRK AND SHERIFF

This morning the following was delivered te the county clerk. It was a copy taken by a copying press and was barely legible:

Merrill N. Smith, clerk of the Vigo Circuit

Court: In the case of Koedel vs. T. H. A 8. E. B. R. Co I understand a writ has been issued by the clerk in this case before the opinion of the Supreme Court has been sprsaa of record and when there was no rseord of the Vigo Circuit Court authorising the issuing of a writ, and after a petition Ml been filed under section 1074 of the code lrfwhich event the code expressly provides that no writ shall tssnev and that the sheriff under this void writ has torn up the track of the Terre Haute & Southeastern railroad,

I assume that *3 officers of justice you wish to do your duty and to treat all parties impartially. If this writ Is not returned and the track returned I will give you no trouble concerning this violation of the law, but if it shall not be returned by twelve (12) o'clock Monday morning, June 11, 1883, you will be held personally responsible.

JOHN T. DRA

.. S tor T. H. & S. KTR. R. Co. A similar letter was left with the Sher-

iff. County CSerk Smith said thi§ morning

he did what be Ukoagfct wa» fen da*y itf-toogh Syrup Price ^5 cents.

THE TERRE HAUTE WEEKLY GAZETTE!

issuing the writ that he did not issue it on the grounds solely that the "occuppI ing claimant act!' would not prevent it but that he, as County Clerk, was not presumed to know the contents of the complaint filed by the railroad company. !PROCEEDINGS IN COURT THIS MORNING.

When court opened this morning the room was filled. Of course a large num ber of the spectators were parties interested in the suit. John T. Dye, W. E Hendricks and B, V. Marshall appeared for the company. Mr. Dye read the following:

John F. Roedel vs. Terre Haute & Southeastern R. Co. Comes now the defendant and snows to the eourt that on the 9th day of June, 188$, said defendant, before the opinion of the Supreme court ia this case had been spread of record, and before any execution or writ of possession had been issued herein, this defendant filed a petition as occupying claimant under section 1074 of the Revised Statutes, in which event the statate expressly provides no exe cation shall issue to put the plaintiff in pos session in such oases until the provisions of the law for learning and determining said lied with yet notwlth-

petition are eomp standing after said

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petition had been filed and

before the opinion of the Supreme Court had been spread of record, the olerk of this court did unlawfully issue a writ of possession to put plaintiff in the possession of said real estate, which writ is now in the hands of the Sheriff of Vigo County wherefore, the defendant prays that said writ be quashed and held and decided to be issued wrongful ly and to be void and of no effect.

T. H. 4 8. E. R.R. Co., by W. E HENDRICH \M$i B. V. MARSHALL,

JOHN T. Drc.

Mr. Dye made a lengthy argument in support of this motion to vacate the writ on the grounds of its alleged illegal is suance by the clerk. He maintained that the opinkn of the Supreme Court must be spread upon the records of the court before the court below could act in the matter and.4bat the clerk could not supercede the functions of the court. He maintainad that section 666 of the Revised Statutes did not apply to property, but money judgments, and therefore the clerk could not issue a writ immediately on receipt ot the certified opinion. He said it was a question whether the property of the company could be destroyed by a mob led by the officers of the court.

Judge McNutt replied that there was no law requiring the opinion of the Supreme Court in this case to be spread upon the record, that the Supreme Court had simply decided that the Circuit Court had done what was right and that left the matter as though there haa been no appeal taken. He asked until 2 o'clock to prepare certain papers to be used in response to the motion of tbe company.

T. W. Harper, on behalf of the property owner?, read a number of decisions sustaining their view of the case. He maintained that the title does not pass until compensation is made and an entxy made before that time is a trespass. He claimed that a trespasser is not entitled to any benefit for improvements made on the land dur'ng its occupation and that consideration of public welfare is not compensation.

Mr. Dye appealed to the court fairness to vacate the writ. By so doing it would not take away any of the rights of Mr Roedel, and would relieve the railroad company from its present inconvenient condition. He also said it eeriously inconvenienced the U..S. mails.

McNutt—Do I understand that Mr. Dye appears for the U. S. mails? Dye—No, iust as a friend of the court's (laughter.)

Mr. Dye said it the writ was not vacatedit might be very serious in its consequences to the clerk. For the clerk's protection he asked that it be done. If the writ was not set aside by 12 o'clock today there would be trouble.

The court—Why at 12 o'clock Mr. Dye explained that he meant to say that it would cause inconvenience to the trains that ought to go out on the road.

McNutt—That's not what you meant! Mr. Dye said he had given Dotice to the clerk and sheriff that if the writ was not vacated by 12 o'clock he would have to take steps against them.

Judge McNutt said that was a threat. It was a most astounding proposition, for a man to make in a court, who pretend, ed to represent the peacable side of the law.

His Honor saw no reason why the case should not be continued till 2 o'clock or till 9 o'clock to-morrow morning, if it were necessary. He said the disposition ot the restraining order, in his opinion, disposes of the oth^r.

The cate was then adjourned till 2 o'clock P. Td. PR0rOoi.D TO CONDEMN

This afteinoon the railroad attorneys made a complete change of base, applying for appraisers to condemn Mr. Roedell's property and assess damages. The court alter argument, appointed L. S. Dickerson, W. W. Casto and Samuel Rigney and called them to meet at 9 o'clock to-morrow morning. Tbe ques tion as to the writ has not b«en settled, being set for 11 o'clock Widnesday morning. In the meantime the track will remain in its present condition. Mr. Roedel's attorneys announced their intention of enjoining the commission ers, and thai qa^stion will also be settlad Wednesuay

"The Greai Lottery War"

A greedy, un rupulous, grasping, monopoly ot a.Lot -ry Company, instead of giving ticket holders a chance to win a prize, is spending their money by paying newspapers throughout the Lnited States for advertising mean, untruth!ul articles aimed to injure the. Greai Commonwealth Disirumtioo O'1-, ot Ky. The Commonwealth Co is ab vee sut:ii practices to secure busine.-*. and prefer*, to obtain patronig- by nonorabl-. means and by honestly conducting tUeir business. The American people love fair play aud will py no a ntion to such lies emanating from such a tource, but will, as usual, send their orders lor tickets for the next popular drawing in Louisville, Ky„ June 30th, 1883. $30,000 for only |2 $112,400 in prizes. Tickets $2 fach, half tickets $1. Address R. M. Board man, Louisville, Ky

THK GAZETTE received from Lawarence Heinl Saturday what was first mistaken for pumpkins, judging trom the size, but be in a re to delicious strawberries. "1

SANFORD SHOOTS.

S. C- Davis Makes a Desperate Attempt to Kill Eon- John .. E Lamb.

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From Monday's Daily

A' about a quarter before 4 o'clock

this afternoon Hon. John E. Lamb was shot at by Sant C. Davis, but not hit, the ball lodging in the foot of Joseph Hicklin, of Sugar Creek township.

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Th^ circumstances are these, as told byMr.Laab: "I have had no trouble with Davis but since this Baur—Allen suit has come up have heard that he abused me and other persons have lied about me to him. This afternoon I stood for awhile at the foot of my office steps. I noticed him cross the street but thought nothing of it. Having bnsiuess at Mr. Mack's office I went mere and returned in a few minutes with these paper in my hanp Davis was at the foot of my stairs. I said: 'How are you.'

He replied, "don't speak tome" "I eaid: WeJl I do propose to speak to to you" "You 1 will kill you' and he instantly drew his pistol placing it against my person. I had barely time to thow it besides aside as he fired. It was the most cow ardly act I ever saw."

After the shot Mr. Lamb stepped into Abdill's door way and Davis went away. It is needless to add what is the universal comment.

Fiom Tuesday's Daily

The GAZETTE of yesterday contained all the facts in the case of the murderous assault made on John £. Lamb, by Mr Sant C. Davis, escept that after the shooting Davis went to police headquarters and gave himself up, but there being no complaint filed against him could not be detained.

Mr. Davis' friends furnish the foll&Wing account of his side ot the case: "He was waiting for Mr. Vandever who had gone with Mr. Buff to his office, and while so waiting was talking with Mr. Thompson and Mr. Pugh—and not thinking of Mr. Lamb. While at the foot of the stairway of Lamb's office Mr. Lamb approached from across the street, seeming excited, and as he came near said: "How are you?" or something to that effect. There had been bad blood between them for some days. He said to Lamb: "You shan't speak to me," and Lamb said he would speak where he pleased. Harsh words passed. Lamb approached holding a heavy cane in his right hand near the middle. He gave back and drew his pistol, as he would not let any man hit him with a cane. Lamb pressed over and either caught at him or struck at him. He caught at the cane and fired. Lamb stooped as he turned to go into the store and the ball missed him. The whole affair occupied but a moment."

The gentlemen to whom Mr. Davis says he was talking were H. G. Thomp. son and Edward Pugh.

A THOUSAND DOLLAR TOE.

Josiah Hicklin, whose toe was hit by the bullet meant for Lamb, had a big racket with a neighbor woman last Monday, whose dog, he thinks, had killed his sheep. He followed the dog home and found him chained up. Still, he was' sure the canine was the same he had chased off his premises, and told the woman who owned him that he would 'examine his teeth and see if there was any wool in them. At this, the irate old woman seized acorn knife, caught him by the beard and jer* ed much of it out. and compelled him to seek tall timber at high speed.

Davis told Hicklin to have tbe toe dressed and he would bear the expense, but Elicklin refused to be comiorted that way and wants $1,000 for his wounded toe.

THE SHANNON CASE.

The Case Comes uh in the Brazil Court This Morning.

From Monday's Daily.

The case ot Charles ghousen vs Patrick Shannon for nulicious prosecution came up in the Brttzii Circuit Court this morning. Tuiscase grows out of the suit ot Shannon against Eppinghousen for slander, ia statements made by him concerning Shannon in tbe defunct court house case. The slander case broke down and then Eppinghousen turned tuund and sued him for malicious prosecution. The case was taken away trom Vico to Clay County by a change of venue on an affidavit from Shannon th^t could not net jrstic in Vigo Coun'v. This morning Eppinghousen aad G. McNult, one of his attorneys went to Brazil also Shannon, Win. Mack, his attorney, and as witnesses Fred Fisher, E S Erney, N. Filbeck,. A. J. Kelley and W. H. Duncan, who wrote the interview with Eppin housen out of which the original suit for slander itrew. When the case was callt-d Mr. Eppinghousen. through his attorney, presented an affidavit asking for a change of venue from Clay Countv, ima it was sent to Putnam Coun'y.

Railroad Hwi and telegraph Operators No more honest and hard working class ot people than these, yet they are gent-rally pooriy pa d. They have a great chance to secure a fortune by purchasing a ticket which costs only $2 (27 tickets only $50. 55 tickets $100) in the Commonwealth Distribution Co's next grand Drawing, tol»e held in Louisville, Ky., June30th, 1883. Grand capital prize ot $30,000 grand prize of $10, 000: 1 prize ot $5,000 1,960 prizes, amountine to $112,400. Send your orders to R. M. Boardman, Louisville, Ky. fvK

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"I always let a cold go as it comes"— one says which means that be overworks the system in getting rid of a cold rather than jassis* it by using Dr. Bull's

U.S. District Attorney Speaks Col. H. Walters, U. S. District Attorney, Kansas City, Mo, authorises the following statement: Samaritan Nervine cured my niece ot spasms.'! Get at druggists. $150-

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Another Shooting Affray. From Tuesday's Daily.

This morning about 10:30 near the Seventh street crossing of the Vandalia line another shooting affray occurred George W. Leek, the watchman for the company at that crossing, shot Wm. Burford,a, stranger twice,

Buxford was drank at the time he was shot. He was wounded twice. One shot took effect in his right arm that does not amount to anything. The other shot entered the fleshy part of his hip and loaged. fhe last wound is not regarded as serious though it may prove so. Shortly after the shooting occurred both parties were arrested by officers Smith & and Campbell and taken to jail, Leek being locked up and Burford receiving the medical attention that was summoned.

Burford, the man who was shot, camc over this morning from Teutopolis, 111., his homr, in company with T. B. Condon, who has until lately been onl the police force in that town. Mr. Condon says Burford got to drinking, this morning, commenced it before he got his breakfast, and soon he was in that condition resulting from drink when a person gets disagreeable and offensive. A difficulty arose between the two men and from that followed the shooting. Neither of the two knew the other. Burford is about 28 years old and unmarried. Leek is a large, bearded man and lives at the corner of Seventeenth aud Tbird Avenue. He was crippled in the army and limps.

Burford was not in a condition to make a statement, but Leek said: "The man was around Kelly's saloon across the way from the watch house for an hour or so and then he came over to my. place. I saw he was drunk and told him he had better go on. He insisted on staying, though I repeatedly told him to go away, and finally I pushed him out. He came in again and sat down, saying he would stay there as long as he pleased. Thinking if I went about my work, he would go away of his run accord I took up a wood guage used by carpenters and started to go out. He caught the guage and struck me with ltover the shoulder. I ran into tbe house and got my pistol. I doa't know bow many shots I fired. It was a five —barreled weapon. I am a man of family nave a wife and time children. I have been in the employ of the company for twelve years and have been on the Seventh street crossing since last October, I came to Terre Haute first in 1828"

Condon says he thinks four shots werehred. He is positive there were three. The weapon was a 82. Leek was sober. He is said to be a man of a high temper. Burford was also in the employ of the Vandalia Company at Teutopolis.

Prairie Creek,

Milton Pie'y is convalescing. Therain was good for the oats and grass but still the farmers are mad.

Ice cream and soda water in town now. Judge' Johnson has the be6t garden on the road.

The washout at Piety,s branch has been repaired, thanks to Charley Mc— Donald.

In addition to the paragraph in last weeks Gazette about Cage Collins wheat, it might be said that he has his last years crop consisting of several hundred bushels on hand yet.

John Rice is a constant caller at Docter Floyds. We suppose he has the same complaint tliat-excuse us John we did not intend to bring up any old reminiscences.

On account of the inclemency ot the weather or\l? a small congregation assembled to hear Rev. Cobble last Sunday.

Rev. Shepherd of Sullivan will pre a at the Christian Church next Sunday evening at five o'clock.

John Hunt brought home anew cultivator Saturday. Uncle Billy Hanger took some fine honey from his bees last week.

Mrs. Morgan, mother ot Dick T. Mor-

fan

returned last Friday. She has been in ennessee for several months the guett of her daughter aud son.

Fred Morgan, who has been attending Butler University, is expected home the last of this week.

The Gazette had quite a corps of correspondents last week, among them a pansey-we were going to say female but were not sure about.

Fracas in Riley,

Yesterday evening about 4:30 ©'clock, in Riley township, Charley Brown and King went to a place where Enoch Jewell and James Jewell, brothers, weie working on a road. An old grudge has existed between them. Trouble ensued, during which one of Jewell's struck King on the leg with a spade, cutting the limb in a very serious fashion.

THE remains of JohD C. Atkinson, who died in Nebraska, were taken through here the other day on the way to Greenville, Ind., where they were interred The deceased was a brother-in-law of R. W. Campbell.of this city,.and wasj well known here. -1

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FIFTY BODIES,

Though Late in the Season R. M. Harrison Will Build a Large Number of "•A-Phaetons.

Clift & Williams are sawing out Umber for fifty phaeton bodies of the Delaware pattern, for R. Harrison. The quality ot tiie timber and the way it is put togethor, so that no cross grained pieces are put into it, is of the greatest importance to the ware and safety of a carriage. In this particular, I am very careful that no cross grained or unsound timber is used in my work. The phaeton bodies now being got out are the same as used for my spring trade, which were admited to be the most stylish looking and comfortable riding phaetons ever made. The timber is all selected and of the verv best and after being sawed it is taken to my factory ana there carefully band dressed and worked into bodies

The building ot a buggy is quite an interesting process and I invite the curious to call and see how it is done.

I use Halsey best leather the Royal Wheel Co's wheels Liggett's best steel axles steel tires S. Kelley's Norway Iron bolts the Keystone Co's springs the best English wool dyed body oloth, warranted not to fade. In painting I use Maaury's colors and Valentine's varnish, I use also, the celebrated spring backs and curled hair rawi gs s-1: R. M. HARRISON, v?

Dr. 9. K. 8GHXHGK

Cherry Street.

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DISEASES OF THE LINtS SB HOW TO CURB THBM

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WHO IS UNACQUAIMTKO WITH THt «KOORA»HYOrTMI« COUff* TRY WILL SCt BY tXAMININO THIS MAP THAT TMC

CHICAGO, ROCK ISLANDS PACIFIC R'T

By the central position of ita line, oonneota the But and tbe Weat by tbe ahorteet route, and carries paaaencera, without chance of eara. between Chicago ana Kaneaa City, Council BluSk. Leavenworth, Atchison, Minneapolis and

St.

Taul.

It

oonnecta in Union Depots with aU the principal lines of road between the Atlantic and the Pacific Oceana. Ita equipment is unrivaled and magnificent, beinar composed of Koat Comfortable and Beautiful Day Coaches, JCagsifloent Horton Reclining Chair Cars. Pullman'a Prettieat Palace Bleeping Cars, and the Beat Iiine of Dining Car* in the World. Three Trains between Chloaco and Missouri River Points. Two Trains between Chicago and Minneapolis and St. Paul, via the Famous

"ALBERT LEA ROUTE." A New and Direct Line, via Seneca and Kankakee, haa recently been opened between Richmond. Norfolk, Newport News, Chattanooga. Atlanta, Anpusta,Nagh ville, Louisvil" Indianac

olis and! _AU Through Passengers Travel on Fast Express Trains.

Tickets for sale at aU principal Ticket Offloes in the United States and Canada. Baggage oheoked through and rates of fare always as low as competitors that offer less advantages.

For detailed information, get the Maps and Folders of the

GREAT ROCK ISLAND ROUTE At your nearest Ticket Office, or address «. R. CABLC, K. ST. JOHN, *res. 4 Gen'l M'g'r, Geo'l Tku Pw, Agl*

CHICAGO.

Some ol our competitors are complaining terribly about hard times backward season, &c, butthe backward season nor big rains did not prevent us from doing by far the largest business this spring that we ever did before. While others advertise clothing for half price, immense reductions, big drives and all sorts of humbug to catch the eyes of the people, we are quietly underselling them and everybody begins to find out that ail this blow amounts to nothing. Our stock of Summer Clothing is very large and complete and nobody can or will sell goods for less than we do. Our Merchant Tailoring Department of which we can justly say there is none better in fhe state, is crowded to the utmost, and anybody wishing a suit made for the Fourth of July should call at once and leave his

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