Newspaper Page Text
TH"E INDIANAPOLIS JOURNAL, "FRIDAY, JUNE 20. 1902.
SPEED SIRE BOUGHT
1IF.MIY II. ; i:TIlY PAYS J2.1,MK) CASH
A Deal rifd thnt Will nrtnK to' In
Hann the firmtrat Animal of HI
Kind la Amrrirn.
PURCHASED OF C. A. DURFEE
THi: STALLION WILL UK IIIIOI'GIIT
TO THIS STATU AI G. 1.
A Valuable Addition to Mr. Gentry'
lllnomlncton Stork Fnrni-A
Henry B. Gentry, of Bloomlnston. Ind.,
principal owner of the Gentry Brothers'
, dog and pony shows and who has become
prominently Identified with th? horse world
In the past few months through purchases
of fine stallions and brood mares, has Just
comp!etf! a ileal for the purchase from
Charles A. Durfee. of San Jose, Cal., of the
famous trotting stallion and sensational
speed fire McKInney for r,0 cash. This
13 said to be the highest price ever paid by
any one man of Indiana for a horse and
the highest known price paid for a iire
The deal has been In progress since the
midwinter horse pale in New York, and
was closed by wire this week. Mr. Gentry
has never seen McKInney, but ho has for
warded to Mr. Durfee and agree3 to
pay the remaining ;24.000 in cash on Aug.
1, when McKInney shall be delivered to
Mr. Gentry in sound condition and free
from disease. Mr. Gentry will send a repre
sentative to California at once to take care
of his Interests, although by the terms of
the sale Mr. Dur fee will fill the engage
ments booked for McKInney until Aug. 1.
Mr. Gentry will go to California the latter
part of July, accompanied by Dr. P. O.
O Rear, of Indianapolis, veterinary ur-
geon, who will examine the horse before
the remainder of the purchase price 13
paid. The horse will be delivered to Mr.
Gentry on Aug. 1. and will be brought
3'ast at once in a special car, accompanied
by Mr. Gentry, Dr. O'Re'. and a trainer,
and will arrive at Mr. Gentry's Bloomtng
ton stock farm about Auer. 1U
UKST SPKKD K IKK.
When Mr. Gentry went fo New York last
winter to purchase pome hih-class horses
to ship to his stock farm hi? made the state
ment that he was going to purchase none
but the best, and desired to secure the best
speed sire in the country, regardless of
price. Dr. O'Rear suggested McKInney,
the wonderful California speed sire, and
negotiations ir a quiet way were opened.
Mr. Gentry ln?rnded to make a trip to
'California and u nl fume weeks there in
order to make an offer to Mr. Durfee, but
a i-hort time ago it was learned that Bud
J"b:e was ruining to the Indianapolis
. trck. ar.d Mr Gentry gave up his Intended
trip Vhn Mr. Dome arrived hero he was
sis by Mr. Gr.try and Dr. O'Kear, and
Mr. D.h!e suggest d thj.t Mr. Gentry buy
iie Kinney it he could. regardless of the
The deal was placed In the hands of Pö
ble to engineer, and he telegraphed Mr.
Diirie for a price, on the great sire and
how lon an option would e given. An
answer wss received la.-t week that fcS.CX'O,
r.o Uif. would purchase the horse, and
r.ly a wtfk opiion would be given. The
t'ei;l was c!r,sd three days before the op
tion expired, and the greatest sire, living
or d?ad. of extreme speed is now the prop
erty of the Bloomington man.
McKInney has a trrt;ing record of 2:11';,
made when a four-year-old. He Is by
Alcyone, 2:27, an extreme sped sire of
gteat prominence, dam I'otfa Sprasue, also
graadvj.im of K:rno (.-. 2:10. the double
Kentucky Futurity winner, by Governor
Sprague. 2:2'. a otalllon for whom J. I.
Case paid fC'.O'.O many years ago. At
fourteen years of age McKInney is the sire
of four In the 2:10 li.t. Including the sensa
tional Coney. 2:02. nineteen in the 2:15 list
and twenty-eight in th 2:20 list. The 2:;
list is too Hrge to mention. During his
racing career, the year he made his record,
he started in twenty-eight races, winning
twenty-five first, two seconds and one
third, never finishing outside the money.
After being taken from the track he was
usd for breeding purposes, and last year
alone he cleared jlla for his owner. Mc
KInney was owned when a colt by XV. II.
Wilson, one of the prominent Kentucky
breeders, and was sold when a two-year-old
to Mr. Durfee.
McKinney's record stamps him the best
of the speed sires. Nearly all of the 2:20
performers from him are trotters. Ills
sire, Alcyone, was out of Alma Mater, the
greatest daughter of Mambrino Patchen.
In addition tö Coney, McKInney Is the sire
of such race horses as Jenny Mc, 2:00;
Hazel Kinney, 2:00'i: Dr. Book, 2:10;
Zaloch, 2:1QH; Zombro, 2:11; You Bet.
2:Ui; Charley Mac, 2:11'.;. and scores of
other good ones.
The bringing of McKInney to Indiana
means more for the breeding Interests of
this Stat than anything that has occurred
In the horse world in Indiana. The pur
Chase o: McKInney is as Important as that
of Axte'.l several years ago. McKInney will
boom the breeding interests of the State
and central West and valuable horses from
New York and the East that have been
shipped heretofore to California will be
shipped to Bloomington to be bred to Mc
KInney. Indianapolis and Indiana horse
men appreciate the efforts of Mr. Gentry to
bring additional advertising to this State,
and he will be tendered a dinner bv prom
inent horsemen during the week of the July
races at the fair grounds.
In connection with the purchasing of Mc
KInney it might be mm that Mr. Gentrv
tried to secure suitable land near Indian
apolis last winter to establish an immense
stock farm, but as th; owner of the land
he hid In view asked him 573.CHO for four
hundred acres, an exorbitant price. Mr.
Gentry decided to purchase another farm
at Bloomington. where he will take care of
his horse interests.
Alluding to the purchase of McKinnev,
th? Western Mors man will say in this
"The signirtrancr of the coming of Mc
KInney to tho trotting horse 'center of
gravity Is ren lily appreciated. It adds
additional weuht to the proposition that
the Central West surrounding Indiana
and Illinois as the central point Is essen
tially the trotting horse breeding section,
and that we have gentlemen in this central
region who do not think the very best is
too got d nor to; expensive. This section
was the tirst to pay IU"v) for a trotter;
was the lat to give up trotting horse
breeding during lb- iate slump. and was
th flrsi to fall activelv in line again when
the earl dawn of returning prosperity to
the country at large made its appearance.
With McKInney udded to our already great
galaxy of renowrud stallions, including
Hls?hwoo.l. led Heart. Allerton. Sphinx.
Axtell. (.'rattan. Hex Amerlcus. Advertiser.
Nuthurst. Atlantic King. Cresceus. Hal
Dlllard. Directum. Online. Tommy Britton
and a hundred others worthy of speciil
mention thl connection, we can hardly
be open to tne charge of boasting when we
ay the California king is corning to the
trotting horse "center of gravitv and right
v. t.jonr.e he will 1."
IIIS Frlee for n Cow.
Records r.t the Union Stockyards for the
price of Durham cattle were broken yes
terday when J. 11. Jennings, of Kangley.
111. pall t2.525 for Golden Heather, a reg
istered Polled Durham cow, raised and of
fered for sale by J. H. Miller, of Peru.
Ind. There were other rok1 sale during
the day, the cows entered selling for an
average of 1117.41. with ten bulls averaging
t2f . The average on all the nrty-four
heal ntred was $114.25. The Average on
Mr. Miller's consignment of ten cows wag
1'. I1L other high sale were the cow
. Uary Best :d and Miami Victory to F. A.
Murray, of Mason. III., at II. NO and 11. Id.
John T. Hood, of Mexico, Ind., paid $1.073
for Miami Victory 3d.
Fifty-five registered shorthorns will be
offered for sale next Tuesday.
ciiagi:s to nr. jiadk to li:t ix
Ol TSIDi:' ASPHALT.
Friends of W. L. Cook, n Postman, Sny
He Was Taken to Pesthonsc rrith
Only the Measles.
It Is expected that the Board of Public
Works will to-day formally ask City En
gineer Nelson to prepare a revision of the
asphalt and block specifications so as to
enlarge the scope of competition. Tiio
mer elimination of the words "Fitch lake
or Berrnudez" asphalt will not. it is be
lieved, bo sufficient to let down the bars.
A reviJlon means that the specifications
will have to bi practically rewritten, as
there are several provisions that would
still shut out "outside" companies. One of
thec Is a provision thnt companies which
bid must have established here an asphalt
plant ready for operation. Another Is that
the asphalt must stand the test according
to the standard required by the city en
gineer. It Is conceded that no company,
except the so-called "trust" companies,
have plant3 for preparing asphalt here,
and It 1 alo asserted that the present
standard would require Trinidad or Ber
rnudez asphalt. To accomplish the entire
purpose of the change determined by the
board means that the board must recognize
r, -V . ?. . -- .r .....C'V. ,
-i-, f't vkJ. '. ' ' V - A r,V- 7- ' w- -ft j
IrÄ; '-;' ' t -'"- h'Kcf 'i ;.r?
1 :to,-" ' f-'A'i JJH .4 "., ?i O',1 j v 1 3 C 1
I ,Ti,t -o.'v i -Cri.-v- l ' -'T'", tT- iSt rr ' O-.-. ;
r, ; ''-.:?r'ffiVi-" v- - i
f -er I . zu K 1 $
,Lj. . . .. - . '-t . ti . - 1
By courtesy The "Western Horseman.
HENRY B. GENTRY
Who paid 123,000 for McKInney.
a portable plant, such as are sent to small
er cities for asphalt paving, as sufficient
guarantee that the bidder is prepared to do
work and that the standard test must
cither be altered or other tests established
according to the kind of asphalt used.
Chairman Megrew, of the board, said
yesterday that he was not prepared to say
just what changes would be made either in
the asphalt or block sicilications and
that the board would take ample time to
make the changes. He also said the board
would send no improvement resolutions to
the Council for approval, although several
for block and asphalt are now in the
board's "pigeon hole," where they have
been for several week.
It is the understanding that public im
provement will be at a standstill for some
time. The improvement resolutions, now
in the "pigeon hole" are defeated by ef
fective remo:trances, and others that
have not been finally acted upon must face
the same condition. Still others, while not
meeting with effective remonstrance be
cause they are business streets, have met
with so much protest from nonresident
property owners that It is likely all this
work will be started with new resolutions,
unless the board can by rescinding action
to certain preliminary btages continue
them and receive new bids.
SMALLPOX Oil MEASLES.
City Mnr He Sned by W Cook,
n Mnll Carrier.
A suit for damages Is anticipated against
the responsible health officers of the city
for the quarantine established at the home
of W. L. p ook, a mail carrier, living at No.
420 South Noble street, and for his detention
at the pesthouse and City Hospital annex.
According to Cook's friends, his case was
diagnosed by his physician as measles, but
a health office inspector who observed Cook
while on another mission reported it as
smallpox to City Sanitarian Buehler. Cook
was taken to the pesthouse last Saturday
and kept there one day, when the attend
ing physicians reported doubt as to his be
ing afflicted with smallpox and he was
transferred to the City Hospital annex. lie
Is there now. The case has Interested
Cook's fellow-employes and It Is said the
letter carriers organization proposes to in
vestigate. City Sanitarian Buehler says there is still
grave doubi as to whether Vook is not af
flicted with smallpox. He says If the de
partment has made a mistake it was in the
interest of public safety and should not be
criticised. "Dr. Stafford, who attended
Cook." said Dr. Buehler, "reported the case
to this office as smallpox. Our inspector
had reported the same thing, but to make
sure 1 visited Cook myself. I found that
he was possessed of many of the symptoms
of smallpox, and that he did not have the
usual symptoms of measles. The eruption
on his body justified the belief that smal'
pox was developing and I ordered him
taken to the pesthouse. He is now in the
hospital annex and is receiving all proper
"The history of Cook's case also justifies
suspicion of smallpox. He was exposed to
the mnll carrier Wells, who was nffilcted
some time ago. and he has delivered mail
at houses In his district where smallpox
developed. He was vacceinated the same
day he was transferred to the pesthouse,
and bis wife and child were also vaccinated
and their home quarantined.
The friends of Cook are Indignant, be
cause they say the case was ordinary
measles. Dr. Buehler says he is not fear
ful of the consequences, as the board was
acting wholly within Its reasonable power
in the case.
W. II. STt MP11, MILK INSPECTOR.
Board of Health Sends Him Out to
Enforce the Lnw.
The Board of Health has appointed W.
H. Stumph milk inspector, and he will at
once begin an Investigation of all dairies
and milk-selling places In the city. The
board will insist on pure milk kept In a
clean, sanitary manner for public use.
Dr. Buehler says Stumph Is an experienced
dairyman and that his Investigation will
be exacting, and those who do not follow
the law will be prosecuted.
The board has notified several restaurant
keepers to put their kitchens In more clean
and sanitary condition or prosecution will
follow. The recent efforts of the board In
this direction have produced a great Im
provement, but thc-ro are still some who
do not aeem to believe the board Is In
earnest. The notices given yesterday, the
board announces, are final and arrests
will follow falluro to obey within a reason
DESIRE BONDS SEVERED
FOLK IMIAPPY PERSONS HAVE AP
PEALED TO THE COlItTS.
Vnrionn Benson Alleged for Legal
SeparationsOther fuses In
the Local Court.
James A. Breeding yesterday filed suit
against his wife. Kliza J. Breeding, for di
vorce. He says they were married May 7,
17. rvr.i separated June Vj, 12. He aveis
that hi.s wife has been cruel to him and
cursed him nr1 faL-ciy accused him. The
complaint says "that said defendant is a
woman of high and ungovernable temper,
always scolding, annoying and chiding this
plaintiff without any cau.se upon hL pait
and that sometimes becomes so enraged
because of th? high and ungovernable tem
per that for the moment she Is absolutely
Kmeline Jenkins filed suit against her
husband. Robert Jenkins, for divorce. They
were married 'in and separated June
U, 1001 She avers that ho failed to provide
for he- and that she had to do hard work
to make a living and support him. She
alleges that he insisted that she give him
money she earned and that he would not
pay the taxes, gas bills and other accounts
and lost his credit. It is also charged that
she went hungry and cold in the winter of
1900 because of lack of fuel and food. She
also avers that he would not eat his meals
with the family, but would carry them
away in a bucket and eat them. He is also
charged with coming home late at night
and making loud noises to disturb his wife.
The complaint sets out that he insisted on
keeping a "so-called cousin," named Alice
Peters, at his home, and compelled his wife
to give up their room to her, while Mrs.
Jenkins slept on a couch and he went to his
shop to sleep. She charges that her hus
band stood by, and without interfering,
allowed Alice Peters to attempt to throw
her out of her own house. It is also
charged that Jenkins would not deliver the
clothes his wife washed and she lost her
customers, and in addition that he held few
conversations without quarreling.
Silas C Wolf brought suit against his
wife, Clarinda Wolf, for divorce. He aveis
that she was cruel to him, cursed him and
insisted on lier son by a former marriage,
named George C. Day, who. he alleges,
would not work, living with them. He
avers that this son was an ex-convict and
was of a quarrelsome disposition and as
saulted him. while his mother would take
her son's side in the controversies. He
says his wife kept her son In clothes and
spending money. He says that on June X,
his stepson cut him with a knife and he
was taken to the City Hospital, from where
he was recently discharged.
Dora A. Brown brought suit against her
husband. Henry E. Brown, for divorce. She
avers that he made false charges against
her and so worried her that she would faint
and sometimes remain unconscious for
Schäfer Saloon License Case.
The Schäfer saloon license remonstrance
Is again before Judge Allen, of the Cir
cuit Court, for final disposition. Charles
Schäfer wanted to get license to run a
saloon at 717 Blake street and the Civic
Alliance started a crusade agnlnst him.
T. 1. Kiser held power of attorney to sign
the remonstrances. The legality of the sig
natures was questioned as to the age of
the sign ts and their residences. The re
monstrance contained enough name's to de
feat the license, but names were stricken
off by the commissioners until the number
was not sufficient. An appeal was then
taken to the Circuit Court.
Mrs. Black ZVovr Only Plaintiff.
All of the plaintiffs in the suit against
the Indianapolis & Eastern Traction Com
pany for the appointment of a receiver
have withdrawn, with the exception of
lone B. Black, of Greenfield. It was al
leged that E. J. Binford. N. C. Binford.
C. M. Klrkpatrick, L. K. Donald and F.
G. Banker, of Greenfield, had held up $150,
IX") of second mortgage bonds and $120,0.10
worth of stock, Instead of turning it over
to the underwriters, as represented. The
company has purchased the stock of the
plaintiffs who have withdrawn from the
suit. Mrs. Black refuses to sell her stock.
Petition In llnnkrnptcy.
The following petitions In bankruptcy
were filed with the clerk of the Federal
Oslander Rltchey, of Rensselaer; assets,
John B. Lynch, of Carlisle; assets, $27S;
iieuben I. Wisner, of Tipton; assets, $75;
THE COlilT nr. conn.
Room 1 John I McMaster, Judge.
State Bank of Indiana vs. Robert Camp
lin et al.; on note. Finding and Judgment
for plaintiff against defendant for $4SS
John Findley vs. John Christian; on ac
count. Finding and Judgment for plaintiff
for $'V?.Cii and costs.
Florence Shu1 vs. Joseph Shue; divorce.
Finding and aecree for plaintiff. Judgment
against defendant for costs.
City of Indianapolis vs. Joseph Myers;
appeal. Plaintiff called three times, and.
falling to appear, this cause is dismissed
for want of prosecution.
Louis Vollrath vs. Henry Rescner; on
Judgment. Finding and Judgment for
plaintiff against defendant for $7.57.70 and
Mattie Coleman vs. George Coleman; di
vorce. Flaintiff dismisses at her cost.
Room 3 Vinson Carter, Judge.
No sters having been taken in the fol
lowing cases for one year, they were dis
missed for want of prosecution:
Coburn vs. Sturm.
Alleu vs. Dickson.
Jameson vs. L. K. & W. ,Ry. Co.
Butler University vs. Bryan et al.
Allen vs. Globe Ins. Co.
Harding, trustee, vs. Con. Gas. Tr. Ca
Shafer vs. Keyless Lock Co.
Miller vs. Greathouse.
Smith vs. Covett.
Dauffader vs. City of Indianapolis.
P.. C. C. & St. Li. Ry. Co. rs. City of Indianapolis.
Keeblcr vs. Indianapolis Street-railway
Hill vs. Catt et al.
Foster vs. City of Indianapolis.
Dugan vs. Indianapolis L. and P. Co.
Kleindrust vs. Head.
Dunn vs. B. and L. Ass'n.
Marion Bond Company vs. McZeller rt al.
Warner Company vs. Indianapolis Senti
Thompson vs. Sommers et al.
Lilly, trustee, vs. Carpenter et al.
Emrich et al. vs. Emrich et al.
Caney vs. New York Inv. Co.
Joseph vs. David.
Boyd vs. Boyd.
Jameson ts. Copeland.
Hershell vs. Rochow et al.
Wilson vs. Dunn et al.
Chews vs. Standard Re. Co.
P.. C C. & St. L. Ry. Co. vs. C, C. & St.
L. Ry. Co.
Nysewander vs. Icd. Trust Co.
Nysewander rs. (.'ampfield.
Pickett vs. Pickett.
Dorsey et al. vs. Kreber et aL
Bowshur vs. Krebc-r it al.
Wagner vs. Wagner.
Sutton vs. Dugan.
Trattner vs. Clarke et al.
Miller vs. Holt Cold Storage Co.
Schmidt vs. Braden.
Smith vs. White t al.
McCtillough vs. Hyman.
Clements vs. Hardesty.
Huffer vs. Schnull.
New York Inv. Co. vs. Williams et aL.
Thompson vs. Thompson.
Foster Lumbr Co. vs. Weddle.
Elils vs. Clarke t al.
McCleary vs. McCIoary.
Swift & Co. vs. Brown ct al.
Flannery vs. Flannery.
Marlon Bond Co. vs. Bretney Co.
Roberts vs. Roberts.
Kennedy vs. Rhodius.
Brennan vs. Weiman.
JackFon vs. Indianapolis Street-railway
Hawkins vs. Indianapolis Street-railway
Marion Bond Co. vs. McDaniels ct al.
Marlon Bond Co. vs. Evans.
Boarman vs. Indianapolis Street-railway
Marion Bond Co. vs. Davis et al.
Dalton et al. vs. Layton et al.
State ex rel. vs. Hunt, sec. state.
Turner vs. Isham.
Ballard vs. Ballard.
Vading vs. Hatton.
Wilson Bros. vs. Carter et al.
Siersdorfer vs. Siersdorfer.
Smoyer vs. Smoyer.
Alexander vs. Alexander.
Henry Clay Allen. Judge.
Nannie Baldock vs. William S. Baldock;
divorce. Evidence concluded. Taken un
In re. application of Charles II. Schäfer
for a liquor license; from Commissioners'
Court. Additional evidence heard.
Alfred R. Hovey, Special Judge.
Thomas II. Robinson vs. Theodore J.
Bryan et al.; to set aside will. Jury re
turn verdict for plaintiff.
Fremont Alford, Judge.
Charles Goss; Incest. Plea of guilty.
Sentenced to workhouse for twelve months
and to pay all costs.
EH Hlatt; rape. Sentenced to Indiana
State prison one to twenty-one years.
Ear lie Price; malicious trespass. Plea
of guilty. Fine $1 and Imprisonment In
county jail thirty days.
NEW SUITS FILED.
Emeline Jenkins vs. Robert Jenkins; di
vorce, buperior Court. Room 1.
Elhanan Carson vs. Ellen Gallivan; fore
closure of real estate lien. Circuit Court.
Arthur G. Fosdyke vs. Alor.zo Leffer et
al.; to quiet title. Superior Court, Room 3.
James A. Breeding vs. Eliza J. Breeding;
divorce. Superior Court, Room 1.
August Wacker vs. lyiuise Wacker; pe
tition for authority to sell real estate with
out wife's consent. Circuirt Court.
Dora B. Brown vs. Henry E. Brown; di
vorce. Superior Court, Room 2.
James L. Keach vs. City of Indianapolis
et al.: to quiet title. Superior Court,
Silas C. Wolf vs. Clarinda Wolf; divorce.
HIGHER COIRTS' RECORD.
19S40. City of Logansport vs. Kihm
White C. C. Reversed. Dowling. C. J.
1. Y here a person s-eeks a recovery on ac
count of an injury produced by a defect in
a public street the complaint must show-
that the defect In the street was the prox
imate cause of the accident and injury, or
in what manner tht accident was occa
sloned by the defect. 2. An allegation "that
by reason of said street bein.T out of re
pairs as aforesaid, defective and unsafe.
she was thrown violently from her bicycle"
Is a mere conclusion of the pleader.
19S70. Russell vs. Bruce. Marion C. C.
Affirmed. Haöiey, J. After the sale of
mortgaged premises upon foreclosure pro
ceedings for less than the amount of the
Judgment the court which rendered the de
cree may appoint a receiver to collect and
keep, for the further order of the court.
the rents accruing during the year allowed
for redemption as ngMnst the owner of the
property who Is insolvent and who holds
possession of the property by a tenant
And the mortgage creditor who Is the pur
chaser at the foreclosure sale, for less than
the amount of his judgment. Is entitled to
the rents accruing during the year for re
demption, as against such owner, to be ap
plied to the unpaid balance of the Judg
. 19572. C. & S. E. Ry. Co. vs. Kenney.
Clay C. C. Petition for rehearing overruled.
ir-001. Smith vs. Lewis. Marion C. C.
19001. Harry B. Smith, auditor, etc., vs.
State ex rel. Martha Lewis et al. Marlon
C. C. Cause advanced. Appellees' petition
for certiorari and waiver of notice.
' Arthur Jordan et al. vs. the Indian
apolis Water Company. Marion S. C.
Transferred from A. C . 3376, to S. C. under
Sec. 10, Act of 1901.
3820. Indianapolis Street-railway Company
vs. Walton. Marion S. C. Affirmed. Wiley,
C. J. Where a complaint is tested for the
first time on appeal by an assignment of
errors. It will be held sufficient if it state-s
facts sufficient to bar another action. 2. A
person or company who places a rope
across a street Just high enough to trip
persons and fails to guard it by lights suffi
cient to reveal It to every one, or falls to
place danger signals of any character near
it to warn travelers, and a person is in
jured by reason of such facts, the person or
company so placing such rope across the
street Is liable for the Injury. 3. In crossing
a street a person Is not required to antic
ipate and guard against obstructions which
are unusual and such as are not ordinarily
observed in the exercise of reasonable and
ordinary care In passing along or across a
3918. Kingan & Co. vs. Hawley. Union
C. C. Reversed. Roby, J. It is no part of
an administrator's duty, by sharp practice
or deceit, to prevent creditors from sharing
In the decedent's assets, and where it is
made to appear that an estate has been
settled and a creditor deprived from his
share of the assets of such estate by the
deceit or fraud of such administrator, the
order settling such estate may be revoked
and the estate reopened.
3SÖ2. Krohn vs. Anderson. Delaware C.
C. Affirmed. Black, J. When appellant
assigns the admission of incompetent testi
mony as the error comp'alned of he must,
in order to procure a reversal, show that he
may have been wrongfully affected by such
Ü2. Ilackman vs. Joseph. Fayette C. C.
3Ö07. Mason vs. Mason. Allen S. C. Peti
tion for rehearing overruled.
30a. Racer vs. Building Association. Jay
C. C. Same.
4r,ll. Smith vs. Tate. Greene C. C. Mo
tion to dismiss overruled.
4102. Hoyle vs. Stcllwagen. Lake S. J.
Motion to consolidate overruled.
4279. The London Guarantee and Accident
Company. Limited, vs. August Hannoy.
Lake C. C. Appellant's corrected brief (S.)
47.13. Franklin Insurance Company vs.
Catherine Feist et al. Daviess C. C. Notice
to attorneys of records (2) served.
41-nO. Edward B. Trent et al. vs. Andrew
J. Edwards. Owen S. C. Supersedeas.
RECENT LEGAL OPINIONS.
Private Nuisance Ice Falling from High
Ono who has erected a structure at so
great a height above an adjacent building
as to cause the ice which accumu
lates upon its sides and tops each
winter to fall upon And injure
his neighbor's building and-endanger the
safety of its occupants may b restrained,
as for a private nuisance, from maintaining
such a condition. Davis vs. Niagara Fails
Tower Co., N. Y. Court of Appeals.
Medical Treatment for Children Re
The question has frequently been agitated
whether parents, believing It was against
Bible teaching, could be convicted for not
furnishing medical treatment to their chil
dren. In Rsx vs. Brooks, the prisoner, an
elder of th "Zlonltes." was Indicted and
convicted for aiding, abetting and counsel
ing one J. R., who neglected to provide two
of hlJ younj children with medical attend-
A Qreat Sale
SuStj Ginger Snaps have hit
the popular fancy. It is almost im
possible to make them fast enough.
And no wonder! Just think
of an In-er-seal Package full
of the best ginger snaps you
ever tasted, for 5 cts. That's
the reason everybody wants to
NATIONAL BISCUIT COMPANY
I C2-..1-W , yiay-,,-. .,,37) .'.few.
ance and remedies when 111 with diphtheria.
The British Columbia Court of Criminal
Appeals has affirmed the conviction, and
say that it is the duty of a parent to fur
nish medical atendance and remedies when
his children are ill. Conscientious belief
that it is against Bible teaching, and,
therefore, wrong to have recourse to medi-
rine. is no excuse.
Damages Personal Injuries Excessive-
Plaintiff's only daughter, twenty years of
age. who was well developed mentally and
physically, a successful musician, intending
to engage In music as a profession, and
who assisted her mother in housekeeping,
and her father occasionally in the store,
was killed in a collision on an electric rail
road. It was conceded that the collision
was caused by the negligence of some of
the employes of the company operating the
road. In an action for damages to compen
sate the father for his pecuniary injury re
sulting from her death. It is held by the Su
preme Court of New York, Appellate Divi
sion, that a verdict of JJ.CO0 was excessive,
and should be reduced to "..000. 7o N. Y.
Supplement (Judge Chase), S".
Divorce Desertion Nonsupport.
A husband was entitled to a divorce on
the ground of desertion where it appeared
that his wife, who was the daughter of
well-to-do parents, left him, he on account
of poverty not being able to support her in
anything like the style and comfort she de
sired and had been accustomed to, and that
She had no Intention to return to him as
long as his poverty continued.
Nonsupport by a husband Is not ground
for divorce where he has no means nor
ability to support the wife, fftt Southwest
ern Rep. (Missouri, Judge Eland),
Brokers Authority to Sell Commis-
Where a real-estate broker was author
ized to sell a tract of land for $.1.09 an acre
net to the owner of the property and was
offered J3..r)0 an acre by a prospective pur
chaser, who subsequently bought the land
direct of the owner without the intermedia
tion of the broker, the broker could not re
cover 50 cents an acre from the purchaser,
but his proper action was against the own
er of the property, as it was his duty to sell
the land for the best price obtainable, and
to account to the owner therefor, less a
reasonable commission as compensation. G8
Southwestern Rep. (Arkansas, Judge Bat
COUNTY BOARD OF REVIEW. '
Large Increase In Assessment of
The County Board of Review did a big
day's work yesterday. The assessments
that showed the largest increases since
1901 were the Coffin-Fletcher Packing Com
pany, $32,000 Increase, the John Deere Plow
Company, $17,&X) and the Comstock-Coonse
Company, $11.320. There was a decrease in
the assessment cf the Central Steel Com
pany of $S,S73 and of the Commercial Club
of $2,2S0. Following are the corporations
Central Bond Company Sö.&to $5V
Central Power Company 2.0'M 2.)
Central Printing Company 2.9o0 2,4"0
Central Steel Company S2.3'0 91.173
Central Supply Company G2,rX) New
Century Garment Company 5xj 4,0
City Bond Company l.o-iü New
Clark, Wysong & Voris Com
pany 1 1.250 1.230
Clay Shlnglo Company 3") 2,eoo
Cleveland Club 15) 150
Climax Coffee and Baking
Powder Company 12,500 11,50
Colfin-Fletcher Packing- Com
pany 60.000 27.101
Columbia Grocery Company... lO.OW lO.ooO
Commercial Club 'Jl.OoO H3.2S0
Com. Club Factoiy Associa
tion 300 New
Com. Electric Company 32.110 25.5"0
Comstock-Coonse Company ... 49.120 2s.tO0
Conde, H. T., Impl. Company.. 40,OjO 40,000
Cones, C. B., & Son Manufac
turing Company 41.000 43.SO0
Connse Caylor Ice Company. 3,125 3.1W
Cons. Coal and Lime Com
pany 12.1.7) 11.955
Cons. Taint and Oil Company. 14.S50 16.05O
Consumers Ice Company 6.510 8.250
Country Club 12.750 12.2'.3
Crescent Paper Company 3;.soo 23.)
Crowell Apparatus Company.. 6.2'"5 4. MX
Crown Oil Company : New
Darling Gum Company 2-V) New
Daggett & Co 27.070 2.150
Darmody. J. F., Company 15.700 16,'joo
Dean Bros.' Steam Pump
Company 70. 70.000
Deere. John. Plow Company... 50.50 S3."i
Denison Hotel Company 20.000 20,""j
Depurator Medical Company... 35) 1 .
Diamond steam laundry 11.155 11.155
Dietz. Fred. Company 20,oo 2o,ioo
Dublel Milling Company 10.075 New
Duplex Company 3j0 New
Duckwald Rubber and Supply
Company 4,250 4,25)
In CharKC of Arsenal.
A detachment of two officers and twenty
one enlisted men of the Third Infantry
has been detailed to take charge of the
arsenal and grounds July 30. until the bat
talion of the Third, which has been as
signed here, arrives. Major Shaler, who
has been in charge at the arsenal, will
leave July 1, and the buildings and grcunds
will be turned over to the other depart
ment In the army. The battalion is ex
pected to arrive early In July.
Saya Her Child Wm Taken.
Mrs. J. W. Sparks. 711 West Twenty-fifth
street, complained to the police last night
that her husband, from whom she Is sepa
rated, had abducted her six-year-old child.
She said she had filed suit for divorce,
which Is now pending, and she also had a
restraining order Issued to keep Sparks
from bothering either her or her children.
This order ho bas violated, she said.
AND JOIN TME PERSONALLY-CONDUCTED
The official route of the First Regiment Indiana
Brigade U. R. K. of P.
Through Sleepers Indianapolis to San Francisco
Stopping to visit all points of interest en route. Address
O. D. MAXFIELD, D. P. A., 4a Jackson Place, Indianapolis
GRADUATES OF BUTLER
COMMENCEMENT EXERCISES 1IEL11
IN THE COLLEGE CHAPEL,
Degree Conferred I pon n CInss of
Fifteen An Address by Prof.
Herbert L. AVllletts.
The forty-seventh annual commencement
exercises of Butler College were held yes
terday morning, at 10 o'clock, in the col
lege chapel. The graduating class num
bered fifteen, one of whom received the
degree of master of arts, the others that of
bachelor of arts. They were Ovid M. But
ler of Irvington, Netta D. Campbell of
Irvington, Fassett A. Cotton of Indianapo
lis, William H. Haas of Bellevue, O., Em
melt lluggins of Indianapolls, Harry A.
McGill of Patter Mills, O., Raymond Long
ley of Noblesville, Orval E. Mehring of In
dianapolis, Samuel J. Qffutt of Green
field, Elizabeth Poulson of Greenfield,
Harry Otis Pritchfrd of Franklin, Verna
Meade Richey of Irvington. William Shi
nier of Wanamaker and Charles O. Thorn
berry of Graysville. Elam Turner Murphy
received the degree of master of arts. The
address was by Prof. Herbert L. Willelt,
Ph. D assistant professor of the Semitic
languages and literature and dean of the
Disciples' Divinity House, University of
Dr. Wlllett's address was on "Educa
tion; lis Value and Place in Life." He
said that In the course of an ideal educa
tion there are four words which are to be
emphasized, because they mark the stages
of advance. The first is -life." The aca
demic life tones up or tones down the stu
dent. Kivinfc him proportion, poise and
The second word is "light." When the
world's history ts opened to the student
he is seized with a passion to possess all.
In the educational vocabulary "law" is the
next word. By this constituent is embodied
the mastery ol a few things and the ability
to apply them to certain ends.
The fourth word is "liberty." Education
offers the opportunities to sound the keys
of life nd to discover for what one's seif
is fitted. It is the process of finding one's
place in life, the liberty that makes us
At the close of Dr. Willett's address Scot
Butler, president of the Butler faculty,
conferred the degrees upon the fifteen can
didates, after which Addison C. Harris,
president of the University of Indianapolis,
presented the diplomas, with a short
President Butler then read the award of
prizes for the year ending June l'j, Vsi2.
It has been the custom, since the affilia
tion of Butler with the University of Chi
cago, to grant scholarships from Chicago
University to the three seniors who have
maintained the highest grades during their
four years of academic work. This year
the scholarships were given t William
Raymond Longley, Elizabeth Poulson and
Nettie De Weese Campbell.
The other awards were cash prizes to
Samuel Joyce Offutt for first rank in the
oratorical primary; Josephine Canfield.
for second rank In oratorical primary;
Henry L. Herod. 03Mor third rank In ora
torical primary; Chester G. Vernier. 03, tor
first rank in primary intercollegiate de
bate; Guy E. Klllie.,ö4. for first rank in
sophomore essays; Charles F. McElroy, (d.
for first sophomore rank In sophomore
freshman debate; Morris N. Dillon. '03,
for first freshman rank in sophomore
President Butler then announced that at
a meeting of the board of directors, hfld
yesterday. It was decided to confer the
degree of master of arts upon Meredith
Resolutions, adopted by the board on the
deaths of two of its dire tors. Charles E.
Hollcnbeck and Charles E. Thornton, and
Mrs. Mary Thompson, were rnd by the
Hliton IT. Drown, chairman of the com
mittee of the Bona Thompson Library, re
ported the condition of affairs in regard to
the work of erer-tinsr the building. He saM
that all plans and bids had ben submitted
to the committee and awaited, only Mr. 11.
C. Thompson's sanction to proceed with
NEW BAND AT FAIR BANK.
"Weber' OrKanlintlon Will Leate for
Other eitlen nt Tbl AVeek' End.
The Weber band will leave. Fair Rank
at the end of the w.eek to fill engagements
elsewhere. A specially organized band
of thirty-five pieces, under the direction of
George Raumann, will take the Weber
band's place. Ten of the members of the
new band will come from other cities. The
programme of the concert thla evening
March. "Imperial Edward" (new) Sousa
Overture, "Oberon" Weber
Waltzes, "Vienna Citizens' Zlehrer
"Hungarian Fantasia" Tobani
Overture; "Rienzi" Wagner
Solo for cornet Selected
Morceau characteristic, "Panamerl-
"The Carnival of Venice" Paganlnl
March from "Scanes ricturesques"
Medley of songs up to date lteyer
Galop, 'The Dandy Drummer" Tracy
- ÜE FLiO
A universal necessity made to order by
GEO. AII5UKITT V CO
No. 8n West Washington St.
LIST OF LETTERS
Remaining; In I ml In 11 n polls Post office
Thursday, June 1!,
If nft allil fnr n two wocka thr.e letter will
1- sota to the iad h ttr eilige. lVion calling
for letters in the f.Wlowinjr lift wi!l jI?u hay
they are advertised, jrive Ute of I ist and jay I
cent for th'".? obt:ind. 1'rre delivery of lttrrs
by carrier to the addrrssrv-'s r'i"' nee can be se
cured ! obseivir.tr th fII-iw!ny rules:
iit Direct letteis tlainly to flie-ft and num
ber. Second Rcjufst your correspondents to do like
wise. Third Have written or printed requt for re
turn on your envelope. Kivinsr street and numtw r.
Fourth I'se ink hn addressing let Urs lin
poR.iM and h ave sutticient fpacc at top of t n
wlope for stamp anl 'stniark.
letters addres-sed to r-i.r!s kn"wn to he tran
fient tdimil l ho rn.'irk-d "Ti n n;er:t" in lower
left-hand corner of envelope. "A. H. '.. Orifial
Ielivery," or similarly addre.sd letters, ai
"fictitious," and not drliwral lo.
Allie. Mrs. Minnie.
lUrne. Mr. I
BlasU dell. Miss May.
HigKS. Miss Mayme.
Keanile Mrs. Fred. 1
Klnsey. 'Miss Paul In.
Kriel. Mr. Celi.
Kinp. Mrs. Iai.
Linder, Miss Lallie M.
1 .ander. Miss Mav.
Mill. Mi's Cathrme.
Murphy. Macule. i
Murdany, Mrs. Cas.
Martin. Mrs. IL L.
Miller. Mls Jennie.
Mueller, Mi Jxule.
Morris, Mh-s Mlnnl
Mason. Mr. Lena.
Morsrn. Miss elile.
Miller. Mis Millie J. :
Mitchell. Miss Neil.
Xmirse, Mr. R. C.
oIlerff, Mrs. Joe.
Parker, Mr. RaeheL
Pattl.-on. Mrs. II. O.
Tri tc hard. Mr. A. R.
Pace. Miss Pearl,
l'ace, Mr. Mary J.
I'atrick, Mrs. Alvey.
Richardson. Mr. Ii
Flo-. Mrs. M. i:.
Klcharoson, Miss Anna
lieser, Mls Arvilla.
Starr. Mr. K.
Swetley. Mr. Marl.
Money, MUs Lmma J.
Sander. Mr. (Irace.
Schwall, Ml Nora.
Thompson, Mrs. M.
Thatcher, Mrs. Mary
"Ward. MI Nelle.
Winter, Mr. Pia.
Wilson. Mlsf M.
Walteren. Mis Min
"Wrlfe. Mis Mabel.
Yount. Miss A.
Britton. Miss Anna.
Cox. Mrs. W
Cop I in. Mrs.
Calwell, Miss Blanch.
Cadwell. Mrs. Lydia F.
Cook. Miss (Jertrude.
Mrs. We It ha.
Day, Miss L.aura.
Karl. Mrs. ;uv C.
Kddy. Mi. Kila M.
French. Mr?. Lila.
Freeland, Mis Joseph
ine. Fritter. Miss Alice.
Iray. Miss Ada II.
Howard, Miss Kathe
rine. Iloiloway. Mis MoHle.
Har7.el, Mi?s Mary.
Hno'-je, Mrs. Ellen.
Holsev. Mis SalHo.
Hopf. Mrs. AlU-rt.
IIa wUngworth, Mr.
lUnlerson, Miss Ma
iion. Hunt. Miss Mahel.
Hackleman, MiM lnl-
Hiinh-t ham. Florence.
Jones, Miss Mary.
Johnson, Mrs. Carrie.
! t leinen.
Alexander. J. F.
Abbott, Kdward C.
Brown. Thoma T.
Barneit. J. C.
Barmt. Dr. C. M.
Brosklers, George C.
Cornelius. A. L.. "
Clark. Jas. II.
Coleman. C. O.
(V.llin. K. S.
Clark. William F.
Cruse. Altert II .
Dearborn, C. F.
Dodee. L. F.
DUins," Thomas (2.)
Frr.lv, Andre Balrd.
Last In. l'.ev. C.
Flh'r. J. H.
Fat ma. Lab 11.
Ford. Charte L.
e;wln. B. B.
(torrran. J. A.
Hift. cr.ar! W.
lloag, Mr. nvA Mr. C.
Jon s. N'f l--on. L.
Jo:,,-s. Dr. F. .
Johnson. Alf ".
J' nes. flu
K!Mr. W. D.
Klntz. A. W.
Kir.ney. !. W.
Lew. Ch. ".
Mari w. Char!.-.
MulM. W. T.
MaUby. 7.. V.. M. D.
AIVmi Hrikln Mllhr.t
Cayfmn Ac Ptrau.
Central Novelty Co.
Ioe.sir Ir.vestmfr.t Co.
Huilington & Ulf.
Ma lien, Chas. F.
Miller. Cha. E.
My lie. John.
Menro. Aaron F.
Morton. II. H.
Marsh. W. W.
Morris. W. II.
Martin. W. F.
Maohan. M. It.
McIIeany, D. C.
McDonald. L. A.
Patterson. H. P.
Red er. W. W.
Byan. W. D.
Sharp, T. C.
Suttrai. A. S.
Sim. Ctr!a A.
Fmlth. R. T.
Schwirr, r. r.
Smith. Krd D.
Smith. F.dward F.
Sohof'WM. E. D.
S'hur reman n, Ge-Orft,
Smith. II. C.
Tha'-ker. A. V.
Turner. Tt. W.
William. K. O.
WUe. Dr. Monis.
W. th'-rli:. Dr. B.
llli.nn-, L. W.
William. N. A.
Wool. Frmk F.
"jl-.-i, V. W.
. - A J
tr Tlfr. TVrtvetj
Wire Machine Mnfr.
Wihcerson Co.. W.
Roals. Tho. M.
iw-it. J. M.
Buthy. L. K.
'"a rey, Cecil.
Caldwell. Ml Mabel
Howard, o W.
Hoekett. John M.
Johnson. M. ?.f.
I.lcbtwon. Mr. S.
Miller. John L
Smith. Mi W.
Cnd-rhii. Mr R. TT.
W. P. Mi Htt!e.
v Unat!!. Minnie.
Wat ton. Ml 1
William. Fannie Ma
Wright. Mr. Mary It,
XnJ;U. Cycl Co
CFÖ. F. M Ol.NNIS. P. M.