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8 TIIK INDIANAPOLIS JOURNAL TU U I? SHAY. NOVEMBER 28. lHOl. LIFE SENTENCE IMPOSED ja.mf.s joii.m snowr.n i.itti.i: i ti:hi:st i. his ov. cash. The Jar) Took Sixty Ilnllnt Before Benching the Verdict Other Ca rs In the Courts. Imprisonment for life was th sentence Imposed on James Johnson, colored, charged with the murder of Joel Combs, In Haughville, one month ago. The jury in the Criminal Court reached thi3 decision after twenty-four hours of meditation. Sixty ballots were cast. At no time was the Jury divided as to the dfgree of murder of which Johnson was charged, the first billot deciding his crime to be murder In the first decree. The rest of the balloting was to decide his fate, whether it should be Imprisonment for life, or death. Until a few minutes before a verdict was reached the jury stood five for the death penalty and seven for imprisonment for life. Johnson was unmoved when the verdict was read; In fact he seemed pleased. The State made an unusual effort to have John son hanged and it was believed by many that the d'-ath penalty would be the de cision of the jury. Johnson, In his conver sation with the officers at the county jail, said he did not doubt that the jury would find him guilty of murder in th first de gree and believed the only question would be as to the penalty. He showed consid erable anxiety until the verdict was re ceived, which was the only interest mani fested during the trial. The Rev. John Drown, colored, of Colum bus, Ind., who Is in Jail on a charge of violating the pension Jaw. spent consider able time with Johnson yesterday. Last night Johnson requested that the minister be allowed to sleep with him In his cell. The request was granted. Although John con did not say, it is thought by the jail of licers that he wishes the minister with him to minister to his spiritual wants. No sooner was this murder case disposed of than preparations were at once begun to try Martin Freese, of Shelby ville, who is charged with being accessory to the murder of William Jray. Cray was shot and killed at Bed Mills by Mrs. Freese on July 23 last and she is now serving a sen tence of life imprisonment for the crime. Freese is charged with procuring the weapon with which his wife did the shoot ing and driving her to Red Mills where the crime was committed. His case is to be tried here on change of venue from Shelby county. A special venire of forty names was ordered drawn by Judge Alford, to make up a jury to try the case. The trial will begin next Wednesday. Divoitt i: mill. ;it im;. Josephine Movcovitx Files n Com plaint Other Storlcw Told. In the divorce complaint of Mary Jos ephine Moscovitz. filed yesterday against her husband, Julius Moscovitz, alias Mos co, she charges that as a practicing opti cian he earns 1. a year, is worth $10.0), but has treated her with cruelty. She avers that he struck her with a cane, threatened to strike her with a hand mirror, and threatened her life. Believing that he would carry the threat into effect, she says she ?rft him. She also charges that during thdr married life he said she was a beggar and he had made a lady of her. She asks for alimony. Another divorce complainant was Bertha M. Barnett. who filed suit against her hus band. Richard G. Harnett. She charges that he abandoned her in lsW. but she per suaded him to live with her again, and they resumed their married life for a few months, when she was deserted a second time. Matilda Reed, In her complaint for di vorce from her husband, John Heed, charges that he failed t; make provision for her support and finally abandoned her on July 11. Kl. Sarah Wycoff asks a divorce and the cus tody of their child Leota. five years old. in a suit against her husband, Raleigh Wycoff. She alleges that he spends his money for drink and is an habitual drunk ard. David G. Hummel Is made defendant In . suit for divorce filed by his wife, Ida Hümmel, on a charge of failure to provide. Only One License Fee ecesnry. Two license fees cannot be collected from transfer companies according to a decision of Judge Allen, of the Circuit Court, yes terday. The Hogan Transfer Company was recently arrested for not paying two vehi cle licenses, one under an ordinance of ISM) and another under an ordinance of 1VJ3. The company refused to pay both fees. Judge Allen did not hold either of the or dinances Invalid but decided that as the company was paying a license under the ordinance of 1') an additional fee under the 13 ordinance could not be collected. The cae came before him on an appeal from the Police Court, whore Judgment was rendered against the company for both lees. Responsibility for Man's Death. The responsibility for a most unusual death was fixed yesterday on the Rig Four Railway Company In a suit filed by The resa C. Herman, administratrix of the es tate' of her' husband. Valentine Herman. She asks $lo,i damages for his death. A lew weeks ago, while Herman was leading his cow across the His Four Railroad tracks, on Massachusetts avenue, a train came along and frightened the cow. The cow was on one side of the track and Her man, on the other, and the engine struck the rope, which Herman had wrapped about his body, dragging him beneath the wheels. He died a few hours after the ac cident. She says she is left destitute with seven children. In the Prohate Conrt. Henry C. Kiel was yesterday appointed guardian of William Adkins, sixteen years old. and gave a bond of Jl.sa-V, Mary A. Stubl.s was appointed guardian of Joshua Stubbs. of unsound mind, and gave a bond of Jil.ono. tin: coi'iiT itr.coim. SUPER I OK COURT. Room 1 John I. McMaster, Judge. Carlln vs. Central Steel Company; In junction. On trial by court. Room 2 Frank K. Gavin. Special Judge. Wlllard Murphy vs. William R. and C. E. Itubu?h; 1 images1. On trial by jury. CIRCUIT COURT. Henry Clay Allen, Judge. In re. probate of alleged will of Mary J. Tutewller, deceased. Motion for new trial withdrawn. Judgment admitting will to Xrobate. Judgment against objector for costs. Charles H. Ozutt et al. vs. W. S. Mann et al. ; mechanic's lien. Dismissed by plain tiff. Judgment against plaintiff for costs. City or Indianapolis . William J. Ho gan: from City Court. Finding for de fendant. Judgment against plaintiff- for costs. City of Indianapolis vs. William J. Ho gan; from City Court. Finding for plain tiff. Judgment against defendant for $.". Judgment against plaintiff for costs of ap peal. Henry S. Hunter vs. Lcla M. Hunter; di vorce. Submitted to court. Evidence heard. Finding for plaintiff. Decree of divorce. Custody of child. Carlyle Hunter, awarded to plaintiff. Defendant given alimony lu um of pL Judgment against plaintiff for costs. CRIMINAL COURT. Fremont Alford, Judge. at I'll . I r . r UIUI lit I . VUIi c . ' IJ 1 ordered for Deo. I. James Johnson; murder. Jury returns verdict of murdt r in the first degree. Im prisonment in State Prison during life. NEW SUITS FILED. Ida Hümme! vs. David J. Hummel; di vorce. Superior Court. Room 1. Hertha M. Harnett vs. Richard O. Har riett; divorce. Superior Court. Room Carrie M. Mo'irtmi vs. Adelaide C Jalllet; on note. Superior Court. Room 1. - Sarah Wycorf s. RaUigh Wycoff; di- v rre. Huprir urt. Itoom 3. Mary J-phlnc Moscovitz vs. Julius Mos covitz, alias Mosco; divorce. Superior Court. ItiMm 2. The Mutual Home auJ Saving. Associu- tion vs. James Kelly et al.; mortgage fore closure. Superior Court, Room 3. Mary D. Smith vs. (Jeorge S. Smith et al.; support. Superior Court, Room 1. Theresa C. Herman, administratrix of the estate of Valentine Herman, vs. C, C, C. & St. L. Railway Company; damages. Demand. Superior Court, Itoom 2. Horace McKay vs. May Funk et al.; on note. Superior Court. Room 2. Matilda Reed vs. John Reed; divorce. Superior Court, Room 3. uir.iiKit coihts iti:roni). appp:llatk court. ZZVs. Indiana Stone Railroad Company vs. Strain. Owen C. C. Afiirmed. Comstock, C. J. 1. The law presumes that a railroad will be constructed In a proper manner. 2. A railroad company may do what is neces sary to be done in order to build its road, and if done properly must be considered as damages, to be recovered by the owntr who.e land is appropriated. Ci73. Pittsburg, etc.. Railway Company vs. Iddings. Lake C. C. Afilrmed. Black, J. 1. A township trustee Is a trustee of an express trust and may . sue without joining with him the beneficiary for whose bent fit the action is prosecuted. 2. A township ha3 such an interest in the keeping of a public road In repair that It may sue and recover damages for a wrongful Injury to It. 3. A railroad company is liable for the injury to a roadway caused by fire negli gently escaping from the right of way and the burning of public bridges, culverts, etc. 4. The rule applicable as between a rail road company and an Individual proprietor, whereby the latter is bound to exercise rea sonable and ordinary care and diligence to prevent the destruction of his property by fire negligently permitted by the former to escape from its right of way, by taking precautionary or preventive measures, can not apply as between the railroad company and a township. 4i4a. State, etc.. Association vs. Brackin. Rlackford C. C. Affirmed. Robinson. I. J. 1. A proceeding, under C25, Burns, l'jol, to review a judgment for error of law is in the nature of an appeal and is to be tried by the record alone. A party may appeal to the appellate tribunal, or he may file in the Circuit Court a complaint for review, and the adoption of one of these remedies waives the other. 2. In review proceed ings the only errors that can be considered are such as might have been considered In this court had the. original case been ap pealed here directly. 3Vi. De Ruiter vs. De Ruiter. Marion S. C. Affirmed. Wiley, J. 1. Money, whether it be secreted or deposited in bank is not suhject to levy and execution. 2. A wife is a present and continuous creditor of her husband, and in an action for divorce from the husband she may recover real estate which her husband fraudulently caused her to convey. 3. Where there is evidence In the record to sustain the finding of the trial court this tribunal will not weigh the evidence. 4. A creditor may go into court and attach a conveyance of his debtor as fraudulent and ask that such conveyance be set aside and the property be subjected to execution and sale to satisfy the claim when reduced to Judgment. 5. It is the duty of a trial court in decreeing a divorce to the wife or refusing one on the applica tion of the husband, to require, by order, that the husband pay all reasonable ex penses of the wife in the prosecution or defense of the petition. 37. Flfer vs. Rachels. Posey C. C. Re versed. Henley, J. Merely signing a deed of conveyance and depositing It with a banking company as bailee subject to re delivery at any time the depositor (grantor In the deed) calls for it. is not a delivery so as to vest the title in the grantee at the grantor's death. 3U0t. Matchett vs. Knisely. Marshall C. C. Affirmed. Henley, J. 1. Parol evidence is admissible to show that a deed ab solute upon its face is only a mortgage. .S. Mathews vs. Rumel. Renton C. C. Reversed. Robinson, C. J. 1. The court may, on motion, allow supplemental plead ings, showing facts which occurred after the former pleadings were filed. 2. It is error to permit a material amendment after a cause is submitted to the court for decision upon the evidence. Zsh. Koons vs. Manifold. Henry C. C. Affirmed. Black, J. 1. An estate given by will in clear language cannot be either cut down or enlarged In a subsequent part of the will, except by words equally clear and decisive. 2. When real estate and per sonal property are disposed of in a will by words in one connection relating alike to each so that the intention of the testator that ihey shall go together. In the same way Is manifest, the will should be so construed as to carry such intention into effect. 2. Rose vs. Provident, etc., Assn. Marion S. C. Affirmed. Comstock, J. 1. If two mortgages upon the same real estate are executed simultaneously, one of which is for purchase money, in the absence of any agreement the mortgage for the pur chase money will be given priority, and such fact can be proven by facts outside the mortgage. 2. If mortgages on the same real estate are executed, apparently as disclosed by the Instruments, upon the same date, it is competent to prove that one was delivered before the other for the purpose of giving it priority. 2. A lien holder may waive the prior lien of his mortgage by agreement that If another is subsequently executed it shall.be the first lien upon the mortgaged real estate. 3747. Citizens' St.-R. Co. vs Heath. Hen dricks C. C. Aftlrmed. Comstock, J. 1. Where an action is brought by a husband for damages, on account of an injury to his wife through the negligence of the de fendant, the general allegation that the injury for which suit Is brought was caused without fault upon the part of plaintiff Is the proper one to be made. 2. The freedom from contributory negligence may be shown by the general averment, and by specific facts alleged. 3. When it does not appear that the defendant was prej udiced by an amended reply, the judg ment will not be reversed. 4. When upon cross-examination of a witness the court sustains an objection to a question pro pounded to the witness, it is not neces sary to save the question that the exam lng party should state what he proposes to prove. 3. A witness may be asked upon cross-examination as to particular acts for the purpose of affecting his credibility as a witness. 6. The cross-examination of a witness upon collateral matters and speci fied acts of Immorality rests largely In the disecretion of the trial court, and in the absence of a clear abuse thereof the cause will not be reversed. 4-12. Wortman vs. Minich. Sullivan C. C. Affirmed. Iloby, J. 1. Whether or not the wearing of a glove in oiling certain machinery is negligence or not Is a ques tion for the jury to decide. 2. An instruc tion which invades the province of the jury Is erroneous, but where it appears that the cause has been fairly tried upon its merits then It will not be reversed upon such an instruction. 2W. Swift Co. vs. Dyer Co. Vanderburg S. C. Reversed. Roby, J. 1. Where a creelitor occupies a position superior to other creditors and by means of it secures an advantage, he must, when the transac tion Is attached affirmatively show fairness and good faith. 2. Where directors act without any authority the corporation is not bound by their acts. Moran vs. Creagan. St. Joseph C. C. Affirmed. Henley, J. Where an ap plication Is made for a license to sell in toxicating liquors at some designated place in a township, beyond the limits of an in corporated city therein. It requires a ma jority of the legal voters of such township residing anywhere therein to remonstrate in order to defeat such application. Cs.12. Esex vs. Myers. Whitley C. C. Re versed. Robinson. P. J. 1. A substantial compliance with the act of March S, 197, is sufficient to get the evidence into the rec ord. 2. When it is averred that "a deed for said premises was Issued In ac cordance with the statutes of the State" to the plaintiff by the county auditor such averment is one of conclusion, not of fact. 3. A tax deed must be executed by the coun ty auditor under his ha ml and seal and wit nessed by the county treasurer and ac knowledged and recorded properlv. Robinson vs. Wolf. Marion S. C. Affirmed. Roby, J. An insurance company organized under Sections 4hi7. 4Ms. 4'., 4:1 and 1J. Hums. cannot by "special contract" make a policy holder, one among a limited number, recipient of a portion of the gross earnings on all insurance in force in Indiana for a period of ten years. C ... Vaught vs. Barnes's Estate. Clark C. C. Reversed. Wiley, J. 1. On appeal every reasonable presumption is indulged In favor of the general verdict. 2. Where a parent and adult child live together as members of the same family there Is no im plied undertaking on the part of either to pay for services, but such undertaking may arise from express contract or it may be inferred from surrounding circumstances. 3. By a general verdict in favor of plaintiff every fact is found in favor of such party essential to his recovery. 4. Where the evi dence Is not in the record the general ver dict must stand if it can be upheld und-r any supposable state of facts provable un der the issues. Franklin vs. Lee. Vanderburg C. C. Affirmed. Wiley, J. 1. (a) A new trial will not be granted on the ground of newly dis covered evidence where stich evidence Is merely cumulative or corroborative of evi dir.ee given in the trial, (b nor where such evidence is merely for Impeachment or in contradiction of evidence given at the trial, (c) The party applying for a new trial for newly dlscot t r tl evidene e must show dili-Kenc.- In attmptlnK to procure It before the trial, (d) in order to warrant the granting of a new trial on the grour.d of newly discovered evidenee such evidence must W of a very material and decisive - I. ..-..... - I ,.V...l 1 1 v . . icuaiai iei. u jmiouui ne suiii us 10 render It reasonably cert Hin that another trial would bring about a different result. 2. Under th LIWE'UP for TO'BJIY'S FOOTBALL GAME MJiXUJiL TRJilMIMG HIGH SCHOOL Full Hack O Wood bridge V4-1ÖJ Right Half Back O Olln 17-lL'l Quarter Rack O T. Shi ieler Right Guard Left (Ina rd O O ' Kaylor Steele 1S-10) 17-KJ0 Center DavH 1S-HS Right Knd O J. Shi ieler Right Tack la O Kittle U'apt.) O Center Connor 17-KL Left Tackle Left (Juard Rigid Guard o o o Masters Glbb Bacon 1S-1.j 111-163 ll-Pi Quarter Rack O Hall 1 140 Left Half Hack o Rosier iy ii5 Full Back Tl in H-IKS Left Knd O D. lean 1U l.Vi SHORTR1DGE HIGH SCHOOL Substitutes M. T. II. S.: Ronhani, Warren,liaralet, Cooper, McCrea, Rhodes, Glass, Root. . S. H. S.: Hacker, Dugan, Scott, Holdson, S. Johnson.Wiley, Roudlcon. statutes of Indiana if a man marry the mother cf an illegitimate child and subse quent to such marriage acknowledge the child to be his own such child becomes legitimatized and becomes capable of in heriting from such father. LT27. Howies vs. Indiana R. Co. KIkhart C. C. Affirmed. Ulack, J. 1. Where an em ployer furnishes a conveyance for the transportation of its employes for the mutual convenience of both parties without compensation the relation between the par ties at the time is that of employer and em ploye, and where In the course of trans portation the employe is injured by reason of the train hitched to the conveyance run ning away, in the absence of the injury being willful the employe cannot recover without negligence on the part of the em ployer. 2. In an ordinary action against an employer to recover for injury to an em ploye through the negligence of the em ployer the plaintiff shall negative knowl edge on the part of the employe of the dan ger through fault in the employment or retention of servants or want of safety of implements or appliances. 3744. Klnsey vs. Royce. Marlon C. C. Pe tition for rehearing overruled. 2H. Rariden vs. Rarlden. White C. C. Petition to modify judgment overruled. 3 ISO. Ilogan vs. State ex rel. Roard of Commissioners. Hendricks C. C. Motion to transfer overruled. W2. Todd vs. Ogiesby. Tipton C. C. Leave granted to fde brief. 3Sls. Town of Crown Point vs. Thompson. Porter C. C. Leave to iile brief denied. 40S9. Roard ' of Commissioners vs. Mow bray. Miami C. C. Motion to dismiss as to Miami county overruled and leave granted Miami County Council to join appeal. 4J2G. Jackson vs. Sayler. Lake C. C. Leave to file brief denied. Minute. 4103. The Farmers' Mutual Fire Insur ance Co. vs. Alexander K. Yetter. Marshall C. C. Appellee's brief (S). THE NIGHT'S BOWLING. Some High Score Made During; the I Z veiling:. The Tish-l-MIngo club bowled the most inconsistent game of the season last night, and by winning but four games from the Electrics lost part of the firm hold on first place. The Ramblers won six from the Mel ro.ie team, but the scores are not given be cause they were taken away from the al leys. The Prospects maele the best scores of the evening. The scores follow: PROSPECTS VS. ROO-IIOOS. (Washington Alleys.) First Division. Prospects. Hoo-IIoos. E. C.Heller.m 133 2H Kleine 1C4 14. 171 Kerr YJ2 211 1S Kleis 111 It. Ch'rch'n.lTti iö 1: Holtz 1st ... lai Fox lt0 l.ti liuddenb'm .P54 137 ... Alien 177 21'J 2:: 11. Rinne. ...IM l:d 17 Meyer lisS 165 lZi Totals ....S6 013 'Jsl - Totals SyJ S41 8u3 Second Division. Hutchinson 17 13ft 212 i J. 1'alnter. . .107 ITS 17S Mahoney ...120 154 Hi S. Dedei t....l7S 220 l'.i Fainter .....IK Id 1 '.." K. Rri'km'r.173 ... MS K.K. Heller. 147 1.V5 117 K. Re-sener ..170 172 171 11. Ch'rch'n.l.VS 147 17i f'.artz 201 170 172 Holtz 126 ... Totals 742 747 S9 Totals SSä S63 7S2 TISIM-MINGOES VS. ELECTRICS. (Turner Alleys.) First Division. Tish-l-minRoes. Ray IS2 VA 12') Kimmel 10 215 212 Taylor 132 11 142 Parnin 16$ IS'J i66 I'ritchett ...203 174 146 Electrics. Lasky 165 Y 150 Meyer 147 A.lams 122 1.12 Herrman ...112 Vi ITS Peterson ....141 152 136 Xoltinic 214 15 J 2)i Totals SS5 S5 7S6 - Totals SOD 765 Six) Se-cond Division. Mcdrew ....163 156 M2 Uannworth .12! 151 ... Han-lall 146 M 10 llan llti SiHken 121 172 2'" Dunn 130 Partlow 161 12S 12 Meyers IRS 110 Gielow Ill 141 1 ; Kt tchm ...133 11 147 Saltou 135 ITS 15 Totals 711 6S5 751 Roberts ....160 175 162 Totals 6S2 S33 730 COMPEERS VS. DEWEYS. (City Club Alleys.) First Division. Compeers. i Dewevs. NVIner Ivo 160 Ri Römer M 117 l.aubrt 1SS 172 IIS ! Jablp 13H ur, Kau 131 243 HS : Linepar lKU 171 Priewicz 12 W IIS j F. Urink'n. .l.'J mi Uassfeld ....17S 112 MS H. Hoyle 213 173 161 12S 13 1 143 Totals S2i 926 723 Totals .877 S20 715 Second Division. Ools 174 122 13 MoCMIan ..160 155 1.16 Hen-lr'kson 144 177 195 Stewart 1U 131 141 Grafton 161 154 17) C. Hoyl. Clark A.ikins .. HalWt .. Hughes ., ...1T7 1S1 ...173 113 ...151 153 ...15X lfi! ...13S 131 14 1F 136 14'5 1S7 Totals .. .7S5 Totals 7S7 816 7S5 ASSAULTED AND ROBBED. Cnrey Crnirford, n Colored Mnn, At tnckeil ljr Another Xeprro. Carey Crawford, a negro living: at 003 St. Peter street, while returning from Nor wood about 0 o'clock lat night, was as saulted on South Keystone avenue and robbed of $16. r0. Ills assailant, another negro, made his escape :ir.d could not be found by the police. Crawford said the ne- Kro met him at the corner and demanded his money, at once bepinninp to beat him with a board in which there must have been a nail, owink? to the nature of the wounds inflicted. Dr. Knerr was called to attend him. but on account of the serious nature of his injuries he wns taken to the City Hospital. He had two deep scalp wounds and several cuts on the face. Chicken Worth iflOMM. The poultry that will be on exhibition at the poultry show to b held in Tomllnson Hall. l)ec. 4-10. will probably be valued by the owners at more than flo.ix). At first thought it would appear that the hall would not hold so many chickens, but many of the birds on exhibition could be sold for more than -i hundred dollars each, and It is a common occurrence for breeders to pay live, ten or twenty-five dollars each for speci mens that meet their fancy. The secretary's oftice, Ms Majestic build ing, is a busy place the-s days, as entrit-s for the show are cominc; In at a lively rate from nil sections. Kntries for all de partments close next Tuesday evening and the show will be open to the public Wednesday evening. Properties C'lianu Hantln. William L. Thompson yesterday deeded to the Advance Veneer and Lumber Com pany forty-two lot bounded by Massachu setts avenue. Pent wood. Huston and Adams Mre't? for ?5.2."o. The property will be utilized by the company's yards. Caroline' Queisser deeded to Hertha Qui lxs r her residen'-e property in High land Place addition for David C Ilryant has purchased of John V. Kdwartls a residence property in Douglass Park addition for SZ.to). Left H Of Back O Wheeler IS 144 lieft Tackle O Knill 17-155 IMl End O Fessler lS-132 Right Tackle Rieht Fnd O O Olpe l'J -l.il W.Deati leapt.) IS 1 4j Right Half Rack O Clark 1W 1(33 TEN POUNDS ADVANTAGE suoiiTitiic;n klkvkx oi:tvi:w;iis M. T. II. S. THAT 311 CII TO A .MAX. 31. T. II. S. AVHI Itely on Line I'lnyi nml S. II. S. on 1'iwl Ilnn lloth Tennis Heady for Ilnttle. The annual football battle between the two high school elevens of this city will take place at Newby Oval this afternoon. The game will be called at 2:30. Both M. T. II. S. and S. II. S. completed their prac tice yesterday afternoon. Both teams were released from their respective schools early in the afternoon and M. T. II. S. engaged in signal practice on their training grounds, and Shortridge practiced their signals and trick plays at Newby Oval. More interest is manifested In the game this year than ever before, and yesterday, at the two schools, the students practiced their songs and yells. The M. T. H. S. rooters will occupy the west side of the large amphitheater this afternoon, and the followers of Shortridge will hold forth in the east half. The efforts of the rooters of the two schools to drown out the yells of their opponents will be interesting. There will be a elifference of lu4 pounds in the combined weights of the two teams when they line up for the game this after noon, the advantage being in favor of S. 11. S. The weights given in the line-up" are stripped weights. The ages of the con testants are also given. M. T. H. S. will average 116 and S. II. S. nearly 156. With the ttams about evenly matched in experience, the game will be more interest ing and the contest will be decided by gen eralship. M. T. II. S. is a little heavier in the line, while Shortridge has a slight ad vantage in the backs and ends. The Training School boys have been very suc cessful this year in working their tackle back formation plays, and it is expected that these plays will gain ground for M. T. 11. S. The boys back of the line are speedy and will be relied upon to advance the? ball. Shortridge has been more successful this year in open plays and end runs than in line bucking. In Clark and Bosler Short ridge has two very speedy and agile half backs, and Tolln is also very speedy at full. The Dean brothers will also be de pendeel upon to carry the ball into M. T. II. S.'s territory with their brilliant end runs. Betting on the game is not as spirited as expected, as there seems to be an ab sence of Shortridge money unless big odds are given In favor of Training School. The game will settle the championship of In diana high schools and also of Kentucky high schools, as the Indianapolis teams have both defeated the Louisville teams. It has been thought that Training School bad the heavier team, but as Shortridge will average nearly ten pounds to the man heavier than M. T. H. S. there may be a slight change in the betting and even money may be secured. The officials for the game are as follows: Sam Patterson, referee; Roy Pike. Indiana University, um pire; West, timer; l'urves, head linesmen; Spencer, S. II. S., and Sweeney, M. T. II. S., linesmen. 'PAT" KORAN'S FORTUNE. Iii Fifteen Yeurn He Aeeuni nlnted S:0.;m in the Snloon IltiMinctN. A fortune of over $30,000 In cash accumu lated in the saloon business in about fif teen years Is the record of "Pat" Moran. He died three weeks ago at the age of fifty-two without leaving a will, and it was not generally known that he had much money. He never talked of his personal affair?". His closest friends knew he htd considerable money, but not the amount. For fifteen years he had been proprietor of a little saloon at the corner of West and Washington streets. The building is a small frame structure two stories high, and be lived a bachelor's life in the rooms over his saloon. Those who knew him say for many years he kept his money in a trunk In his room and at times had as much as $15.0V) there at one time. He was finally induced to put it in a bank, and se cured a deposit vault in Fletcher's Bank. He loaned considerable money to his friends at times,, but the biggest loan was Ji'D.ono to Kingan & Co., where he had worked when he first came to this country from Ireland. After working there several years he started a saloon at the corner of West and (Irant streets and tiien moved to the corner of West and Washington streets, where. It Is said, he made all of his money. The Kingan loan is drawing 4 per cent, in terest. There are but three heirs a brother. Mike Moran, a well-to-do farmer of Hendricks county, a sister, Bridget Burke, who lives with her nephew in this citj and the chil dren of Michael Kelly, of Hendricks county, who come in for a share of the property by their mother, who was Moran's sister. Moran was a bird fancier and kept in a rear room of his saloon as manj- as forty canary birds. He never sold any, but gave them to his friends. A story is told by some of the men who knew him that he kept a birel for each ?1,On) he accumulated. STATE MEDICAL BOARD. A Special Meeting to Complete Work on Annual lleport. The State Medical Board met In special session at the Statehouse yesterday after noon. The board was called together for the purpose of revising the annual report and completing the financial report. The report will contain additional features this year, and will give the names of doctors a ho have taken out licenses under the new law. the schools from which they gradu ated, etc., ami will give a list of colleges recognized by the Indiana law and those not recognized. A special meeting of the board will be held on Dec. lo. at which time a number of so-called medical institutes will be in vestigated, and their proprietors will ap pear t-i give evidence why their licenses should not be revoked. The memb rs of the board expect to revoke the licenses of several medical institutions in the State. "Will A m mii in r ClinrKe Iiiin'. Word has been received at the offices of the rural free delivery In the Majestic building from Washington, giving S. H. Itathbone ch.irge of affairs and displacing K. M. Dice. Mr. Itathbone will take charge of the otllce next Monday. A BOOK WITH A MARVELOUS SALE yK TT TO rj tl 0 Vy 1 j ' With chapters by lion. John Sherman, Gen. C. H. Qrosvenor and Col. Albert Halstead, of Ex-Governor AIcKinley's staff. Introductory by Hon. Chauncey M. Depew. Enlarged to include closing days, death and burial. Memorial Volume of a Great Size and Quality The volume contains 540 pages, 7x10 inches, and is printed on eggshell-finished paper. Styles of Binding and Publisher's Prices Parlor Edition, Cloth, Inlaid Photograph, $1.50; Memorial Edition, half Morocco, marbled edges, $2.25. Illustrations The bbok contains sixty-four pages of half-tone illustra tions from photographs of persons connected with Mr. McKinley's life and work and of notable scenes and incidents in his career. ecial Offer to Journal P In the City of Indianapolis and Suburbs Who Receive Their Paper by Carrier We have already sold over 5,000 of these books. By purchasing such a great number we can offer them at the extremely low price of -5bO cents for the $1.50 binding and cents for the $2.25 binding, if you call for the book at this office. If we are required to deliver the book to you 10 cents additional will be charged. All we ask of you in return is that your pres ent subscription be paid up to December 15th. Anyone not a regular sub scriber can have the book at these prices if he will subscribe for three months or more. K This Offer Every good citizen should have this book. If you want THIS ONE (and this is the best) you must send us your order at once, because the offer will soon be withdrawn. Orders will be filled in the order received. Every shipment received to date has been exhausted within a few hours after receipt. New shipments are constantly being received. Both Phones 238. JJHJVUlE3 3EZ2SKZ 3X2 SAME CITY IN TWO STATES VERY I'll KQl EMLY AIlSt'IlD COMPLI CATIONS AH I SB. W. A. Hell, of I nlon City, nt the Denl roii Hotel Senon wltli tl Cir cu Ilutel Goii. ,W. A. Bell, of Union City, who repre sented Randolph county in the last Legis lature as a member of the House, and who expects to be a candidate for the fame place again, was In the city last night lo attend the banquet given t the Denison House. Mr. Hell, if elected a member of the House, will probably not be a candi date for speaker. lie says he would, of courpc, like the honor, but it requires too much hard work to get the place and a lot of harder work after one has it. Union City, where Mr. Bell practices law, is on the line between Indiana and Ohio. In fact part of the town lies in this State and the other part in Ohio. There is Union City, Ind., and Union City, Ohio, each city has its separate municipal officers, but the people of both towns patronize the same postollice, which is located on the Indiana side. If one desires to send a letter to a friend in the locality of Union City, O., he addresses it to Union City, Ind. The two towns are divided by a thoroughfare called State line. At one point this street is entirely in Ohio, but along part of the way it lies about half in Ohio and half in Indiana. Once in a while a unique situation arises on account ot the ratner peculiar location of the two towns. Occasionally a man in one of the towns gets into a light. Should he not feel financially able to settle his hue at that time lie porbably skips across the State line street into the other State and remains there until he decides to face the law. Mr. Bell tells of a queer in cident that occurred several years ago, in which he was inter sted as an attorney. "A constable in our town arrested it wom an," he said, ' and started to take her be fore the proper official. On the wiy she asked the constable if he would allow her to go over to the State line as she desired to see some one living on that street. The constable being a polite and obliging man of course told here he would accompany her there. She led him along State line until they reached the point when the street is practically all on the Ohio side. Suddenly she chirp d, "tJood day, constable," and, taking two or three quick steps, passed over into Ohio. The constable was naturally amazed, but tting a couragtous fello.w as well as a polite and obliging one. he. too, took a trip over to Ohio. He sprang across the street and before the woman could make any serious objection he grabbed her in his arms and coolly carried her back into Indiana. Her case was disposed of, but it hapined that this was not the end. A short time later the woman went over into Ohio, where she had some friends ar.d they fixed up a scheme to get even. Within u short time the constable had bjsiness across the line and while in the sister State was arrested on a charge of kidnaping. The constable came to me with his trouble and I looked up the law. The case seemed lo me a really serious one and I actually felt fearful of the result. Finally t lie day of trial came around and we went over to Ohio to a Justice of the peace, where the case was to be tried, tuietly I Informed the constable that when 1 gave him Ihe nod he was to break out of court and g-?t over into Indiana as fast as his leys could carry him. Then I took up the matter before the justice and on account of some technical objection I made the court agreed with rue and Ulsralsecd the ca&e. I knew that, my 9B LIFE AND DISTINGUISHED SERVICES OF OUR MARTYR PRESIDENT The Celebrated Author and Journalist T. MÜ J s Author and Editor will Soon Be THE client. If he did not clear out, would be Im mediately re-arrested, so I gave him the nod. He started and did some tall running and that ended the case." SEASON WITH A ClKCUS. Clinrlcn W. Locktrood Und Some Pleas Iiik experiences. Charles W. Lockwood, of Peru, who was at the Denison Hotel last night attending the Phi Kappa Psl banquet, has recently concluded part of a season as press agent for the Wallace circus, which has Just gone into winter quarters at Peru after an unusually prosperous season. Young Lock wood belongs to a well-known family, his father being the publisher and proprietor of a newspaper in Peru. The young man went out with the circus last summer partly be cause of his friendship for Mr. Wallace and partly because lie desired the novelty of a season's travel with a circus. He says the experience was valuable to him and he learned many things about circus people that heightened his respect for them. There were perhaps four hun dred people with the Wallace show last summer. Lockwood says he found them like one big family. -I believe," said he yesterday, "that the morals of those four hundred people were as good. If not better, than would be found in any like number of people in any other calling. 1 think there Is less drunkenness with the Wallace show than any other circus on the road. The greater part of the women with the show are married and thfir husbands travel with them in some capacity. Mr. Wallace prac tices a rather strict oiscipline and the peo ple with him understand that they must behave themselves. Any way, I didn't lind circus people a bad sort." Mr. Lock wood has not yet decided whether he will go with the circus next year. The Wallace show is distinctly an Indiana instutlon and its proprietor is a millionaire and Is said to be the wealthiest circus man in the business to-day. He owns two thousand acres of land near Peru, where he has his winter quarters. He is held in high esteem by the citizens of Peru, who are rather proud of the fact that their city is the home of the Wallace circus. James F. Stutes man, of Peru, who was a member of the last Legislature, is Mr. Wallace's legal adviser. Con iier vllle IroierinfC Edward P. Hawkins, a young business hustler of Connersville, arrived in the city yesterday and will be at the Denison Hotel until to-morrow. He is secretary of the Conersville Funrntture Company. Mr. Hawkins relates a rosy story of how Con- nc-nsville is prospering in a financial way. An IIiiKlneer from London. Hugh Findlay. a mechanical and civil engineer from London. Kngland. who is making his second trip through the United States, is at the Spencer House. He is on his way to Cincinnati, and stopped off here to spend a day with a relative. CITY NEWS NOTES. S. H. Itathbone. the new agent of the rural free delivery in this city, left last evening for his home In Elizabeth, W. Va., to spend Thanksgiving with his family. At th FIrft Baptist Church this evening there will be special Thanksgiving services, conducted by the Kev. John C. Carman ami Mr. Carman will sing a spedal Thanks giving solo. Fifty-four newly married couples will be thankful to-day for the accuracy of Cupid's darts. George Fate, the marriage license clerk, was kept busy all day yesterday I issuing lic-ns. Mrs. May Commisky Uli", of Saginaw, Mich., will address the congregation of l-'urnlss-pluee Church to-night in the church, on Sunday night Mrs. Pli?s will speak at the Edwin Kay Church. The Uecember meeting of the Klortntn Association will L held Tuesday evtnlns i o and Good Life scribers i Withdrawn JOURNAL u a Dec. 3, at 7:30 at the Commercial Club rooms. The report of the show committee and also committee on entertainment and carnation show will be made. Charles Langman, a laborer, living at 24 North Delaware street, was arrested yes terday morning by Patrolman Newton Shafer and charged with stealing a bicycle from Frank Jennings. The wheel was new one, costing $.Y), and Langman was trying to sell it for $3. Bessie Hrady, living at 532 East Georgia street, was painfully hurt about the head yesterday by the breaking of a wooden fly wheel at the cotton mill, where she ii em ployed. Several gashes were cut in the: scalp. The City Dispensary ambulance took her to her home. While working on the county power house yesterday Daniel Jones, living at 21! Kast Downey street, was accidentally hit on the nose by a fellow workman. The nose was fractured. Jones was able to walk to the City Dispensary, where his in jury was dressed by Ir. Jeukins. The cornerstone of the old Vint Presby terian Church was uncovered yesterday and the box in which the church rceortli and souvenirs were deposited taken out. The box Is of copper and securely soldered. It will be turnel over to the ciiurrh ofli- cers. Some of the documents In it will, no doubt, bo placed in the cornerstone of the new church building to be erected next year. Iva, the six-year-old daughter of Mr. and Mrs. J. L. Miller, of Valley Mills, while on her way to the country school Tuesday morning was attacked by a sow which was feeding in the woods near the sehoolhouse with a Utter of pigs. Her screams at tracted the attention of schoolmates who had preceded her and after a tierce fight the animal was !eaten off. Her Injuries, although severe, were not thought to be dangerous unless blood poisoning sets in. COFFEE IMPORTER Tells Some IM n In Farts. One of the heaviest Importers of coffee In America, and who requests that his name be kept from the public In connection with the following subject because of the effect it would have on his business, says: "I have used coffee for over thirty-five years-, but about a year ago was comtell'd to dis continue Its use on account of its effect on my health. Since that time I have us.-d nothing in its place but Postum Cereal Food Coffee and prop rly prepared, it is simply delicious with cream and sugar. "In connection with this I have als usi d drape-Nuts Breakfast Food. While in Florida thi3 winter I carried a pa k.iue with me all the time, so if I was unable to get what I wanted f.r breakfast 1 culd iely on my own supply. "Any one who could have ki.own of my condition a year act, and the very grat improvement now. would have no cause to question the wisdom of my change from th old-fashioned diet to the present." This man is one of the t-:-t known coffee exprts in the world, and his testimony re garding the flavor of Postum Cereal Food Coffee H noteworthy. Now and then a person gets Postum Food Coffee served under-boil d and. con sequently, almost tasteless. A chcml.-.il change takes place in Postum after it lias been actively boiled for I. or li minutes; this change bring out ti e food value and the delicious taste. It does not answer to Mmpiy have It on the stove for 1." minutes, it must stand on the stove until bollli g commences, then be allow .1 to bubble IS minutes. A piece of butter twice the lze of a pe;t should be put in the pot to keep It from boiling over. Many a man or woman contimns in a half-sick state from mouth to month, not knowing that the lru; in the eo!Te they use 1? the caue; try leaving off coffee and using Postum Food Coffee. That chanc tuts worked salvation lor inuiiy tkepiiCMj tick ones. Sub