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ft THP. INDIANAPOLIS JOÜRNAT,. FRIDAY. NOVEMBER 21. 1002. Jan 1 CtE 9L v i5o;vi:s . M. Campbell 6 Co. NOVEMBER INVESTMENTS Waterloo, lad 6s South Bess, lid is ML Vernon. la J 4s Hamilton County , lid 5s Morgantowo, ky 4s Sprint, field, Ohio 5t Fowler. In J tft RichmonJ. lad 4s knox County, Is 4jl MicBifSB city, la J 5s Marlon, Ind 5s Lawrence County, lad 4s Indianapolis, lod 3y,t Louisville, ky 3s cel.. Del. and Marion, U.. Ry ...5s ft.CC tüte 7,uo .coo imco ii.hu 17,100 2I.WW ;o,w 2; 400 75,000 iOO.OOu 17&.IU E. M. CAMPBELL & CO. Over Columbia National Bank, 14-16 East Washington 8trcct. Utelul Articles lor Invalids liclin;ne nJ Holling Chairs ror parlor ssü treet. Cairvln Chair. W'hell Couch. Food Btfilllters and Desiccators. Feeding- and Spit Cat. Electric Belts, Insoles and Batteries. Math Cabinets. W.II. M. ARMSTRONG CO., K and 7? S MerM'an street Indianapolis. lad. PARK BOARD HAS PLANS IT SEEKS A3 M I IX COME FROM THE TAX LEVY. Ten ( ents of the Mnet-( ent Levy Will Provide n Ample Susa -VaiRniy Still Infilled. At its meeting this morning the Board of Park Commissioners will discuss legisla tion. The board has twice asked for legis lative relief and will try again. The board bas faith that the third trial will bring success. The board has placed the engi neering of its amendment In the hands of Representative J. R. Morgan. The amendment asked for will be a pro vision to segregate a portion of the tax levy annually for park purposes. Under the charter, which fixes 90 cents as the tax limit for all purposes, there is no fixed portion of that amount designated for parks. The Park Board therefore has to depend largely on the bounty of the admin istration for its appropriation. This year the board received only $79,000, the largest Item being for maintenance. For next year the present administration increased the amount $11,000 and undertook to provide $100,000 additional for boulevard purpose? by a bond Issue, but this the Council has intercepted. The Park Board will ask that 10 cents of the 90-cent maximum be set aside irre vocably for park purposes. This would provide an annual Income for the board, undisturbed by anything, of $130,000 or more. The board deems this adequate to carry forward the work of improvements. Its chief adavntage is that it gives security to plans which the board may adopt with regard to improvements which will require systematic development through a number of years. The adoption of this provision is regarded as necessary by the board in order that the works already done may not lose much of their value by their uncompleted state. There art- driveways to be continued and completed, water service extensions, lagoons to be constructed and a hundred minor Improvements that are more than In cidental parts of the general park scheme. They cannot be properly attended to out of the meager appropriation now made. Mayor Bookwalter has not yet appointed the succesor to Isaac King, the Democratic member of the board who resigned some weeks ago. The mayor, it Is said, will se lect one of two men whom he has under consideration. A MEETING TO-DAY. (CONCLUDED FROM FIRST PAGE.) Blcknell was given a substantial increase In salary in Chicago and preferred to stay there. There were no new developments yester day in the situation between the Governor and the members of the board, but it was said that Governor Durbin had not request ed the other members to resign. Shtveley and Terhune were not appointed by the Governor, and consequently they are un der no especial obligations to him. Hence he cannot request them to retire except for gross neglect of duty, but In the case of McDonald and Williams, the men whom hs complimented and gave an especial evi dence of his confidence In appointing them tu the board, it is different. Without vio lating any precedents, or making a rad ically new dvpnrture. he may request them to resign when they have violated his con fidence. They may not have to grant his request, and. indeed, the Governor may not attempt to force them out. but it would he regarded as an unusual proceeding for a man to Insist on retaining an honorary po sition, which carries no emoluments, after the Governor who appointed him had Indi cated that he wished him to retire. Hill FOB r.V XIHMAI,. Senator E. E. Hendee Says He Will Prepare the Measure. Senator K. K Hendee. of Anderson, who was In the city yesterday, announced that he would father the bill creating a new nor mal school. "I shall write the bill." said the senator, "but it will be introduced In the House, as it will carry an appropria tion, and all measures of that kind must originate in the lower branch of 'he Legis lature. The bill will not specify where the school Is to be located, but will provide that the question of location shall be left to an impartial board of trustees to be namd by the Governor. "I hi' t- the measure become a law. The action of the superintendents at their meeting here this week ephasises tne need (or a new normal school. We have laws at present that physicians and dentists must be graduates of some college, and I un derstand that the barters are agitating a similar law regulating the kind of surgery practiced unr'tr the sign of the striped pole. Probitbly fair. First free schools established in Roxbury, Mass., 1645. Law passed in Massachusetts 1647. established grammar schools. The manufacture of cloth began in Massachusetts in 1640, and from that day to the pres ent time AMERICAN looms hare kept hustling. And still some men can't get oeer the habit of buying and selling imported (so called ) woolens. Come in and let us show you the real, genuine American CLOTHING for man and boy AT THE WHEN Why should not the teachers of our public schools be required to pans the course In a normal school similar to the one now conducted by the State? If such require ments are made of the teachers we must provide more schools for them." Incidentally It may be mentioned, al though the information did not come irom 8enntor Hendee, that Anderson will go after the school should the Legislature pass the bill. Other cities will enter the lists, however, and there will be a scramble that will be lively if not edifying. The bill proposed by Senator Hendee will have one virtue that was not possessed by the Mun de Normal School bill that aroused such a fight at the last session it Is not inten.lol to benefit any particular town or city, und every village in the State may consider that it stands a chance to get the school If the bill becomes a law. Senator Hendee would not go on record on the voting machine proposition, as he said he had r.ot given the matter sufficient consideration. "I can tell you one thing," he added, however, "I am 'agin the general primary raw proposition. Let Marion coun ty have all the primary law she wants, but spare the rest of the State." SOITH MI NI) PLAN To Separate the School City from Municipality. Steps may be taken at the coming ses sion of the Legislature to separate the municipal and school corporations of South Bend. This was the statement made last night by Senator Albert M. Burns, of that ; city. "South Bend has reached the limit m taxation," said Senator Burns, "and has reached the 2 per cent, limit in the amount of debt. A large number of public improve ments are under way. Including several new school buildings, and neither the city nor the School Hoard has at present the resources to complete the work. It has been proposed that the Legislature divorce the municipal city and the school city, with the result that money can be raised to complete our Improvements. The matter ill doubtless be brought up this winter." Senator Burns said that he did not in tend offering any bills for the considera tion of his colleagues this winter. He was asked where he stood on the voting ma chines proposition, and he replied: "I'm against them. That is, you can say that I'm from St. Joseph, Mo., instead of from St. Joseph county, this State, on that ques tion you must show me. If a thoroughly satisfactory machine can be secured and one that will not bankrupt the counties when they come to pay for it, I may vote for it." A. Special Election. Governor Durbin S'esterday Issued an or der calling for a special election to fill the office of sheriff in Greene county. In this county, where there were such tempestu ous scenes immediately following the late election, the Republican and Democratic candidates for sheriff each received 3,505 votes, according to the decision of the Dem ocratic canvassing board. Hence the new election, which will be held Dec. 20, is necessary. Alonso F. Wilson is the Democratic can didate, and John C Huffman the Repub lican. The Republican leaders In Greene county are predicting Huffman's election next month by a plurality of at least SOU. Prohibitionists on Silver. The tilt precipitated between EU F. Ritter and the Prohibitionists is growing livelier. Mr. Ritter came out Tuesday with a state ment that he had left the Prohibitionists when they declared for free silver In 1896. and yesterday State Chairman Masters replied with a counter statement denying all that Mr. Ritter had affirmed in regard to the attitude of the Prohibitionists on the silver question. ew Senator in Tom. Marshall E. Newhouse, the new Repub lican senator from Bartholomew and De catur counties, who succeeds Senator Lam bert, of Columbus, was In the city yester day, and he made a call at the Governor's office. Mr. Newhouse is not a novice in legislative affairs, as he was a member of the House during the sessions of '93 and '95. TOLD OF DAUGHTER'S DEATH. John MacFarlane Informed of the Murder in This City. When John MacFarlane, a traveling man from Rochester, N. Y., arrived at the Spencer House yesterday at noon, he was handed a telegram telling him of the mur der of his daughter, Florence MacFarlane. The telegram asked the father to hastily re turn home. MacFarlane blames his daugh ter's married lover. Frank Young, for the murder, although Young's wife has been arrested for the crime. Mr. MacFarlane said that his daughter and Young had been infatuated with one another for some time and he often forbade his daughter seeing tuung. MacFarlane s daughter had ftssu staying with friends at 543 East Court street, Rochester, since MacFarlane's wife died six years ago. Mrs. Young appeared at the Court-street house Monday and rang the bell. Miss MacFarlane answered the call. Mrs. Young at once began beating Miss MacFarlane. who ran through a hall. Mrs. Young followed, catching the girl and stabbing her five times. The girl died al most Instantly. Both women had been In timate friends, having worked at the tele phone exchange together. BaSBSShSS a Mrs. Young Held for Murder. ROCHESTER. N. Y, Nov. 20. The cor oner's Inquest Into the death of Florence McFarlane was held to-day. The coroner finds that Miss McFarlane came to her death as the result of stab wounds indicted by Mrs. Lulu Miller Young. Mrs. Y'oung was held for the grand jury. Room-Rent Row. Because Mrs. Anna Denman. rooming at 13 North East street, could not pay her room rent last night her landlady, Mrs. Albert Bush, asked her to leave. Mrs. Denman refused and a tight ensued. The women pulle! one another's hair and Mrs. Bush's husband Interfered. While he was trying to separate the women, Mrs. 1 n man seized a butcher knife and cut him across the left arm. inflicting a serious wound. Mrs. Bush was cut on the nose ami chin. Bicycle Policeman Samuels and Griffith arrested all three Mrs. Denman was charged with assault ami battery with Intent to kill, while the others were charged with assault and battery. The Federal Judgeship. It was announced here yesterday that advices from Washington stated that let ters had been received from the members of the Indiana Bar Association asking that Judge John H. Baker s resignation as fed eral district judge be not accepted. No action has been taken by the bar associa tion to this end. and if any letters have been sent ths Department of Justice In regard to the matter they have been from Individuals and not from the association Why cough all night? Clmuua cures at omcs. LONG PRICES FOR HORSES BLAIR-BAKER SALE AVERAGES OVER 2ÖO YESTERDAY. The Axtell Colt Malnyard Bring 00 an Top Price Cloning; of Sale To-Day. The best horse sale ever conducted in Indiana will close to-morrow at the sale j pavilion of the Blair-Baker Company at the stockyards. Three days' business, in cluding weanlings, poor horses and all give an average of $300, or thereabouts, for the 175 horses sold. An average of this kind maintained with no sale over $950 and few above $600 is something unusual. The sale j was a success because It took a good price for the "crocodiles" to get the good ones i for the export trade as the Indiana bidders kept the bidding up. One of the best rea- j sons why a high average was maintained was the absence of horses of inferior quality. Yesterday's sales were the best of the ! week the average being close to $250. The J longest price was paid for the Axtell colt Malnyard, out of a Warlock mare, con signed by S. J. Fleming & Son, Terre Haute. Jack Dawson, of Frankfort, Ind., got him for $800. He is a coming four-year-old and has speed and is a fine individual. A high price was paid for Baron McMath, 2:154, by Baron Posey, consigned by M. H. Reardon, city. A. H. Merrill, of Danvers, Mass., got him for $650 and he paid the same price for Ivan B., the Greystone gelding, out of a mare by Boone Wilson. William McFarland got Reardon's May Miller, who Is promised a fast mark as a green mare, for $550. Mc Farland paid $060 for David H. Ray, 2:244, a brown gelding of the showiest type that has been offered at the sale. Twenty min utes later McFarland sold him to an In dianapolis harness man for $90 advance. The black mare Belle Marshall, 2:174, brought $575 from John Pender, of Johnstown, Pa. The sales yesterday were: Commoneer, b. s., by Electioneer-General Benton, C. W. Kelsling, Greenwood, Ind.; $140. Edict, b. s., by Dictator-Normandy, J. A. Coleman. Franklin; $155. Kate Creighton, b. m., by Jersey Wilkes Mambrlno Russell, Chas. E. Palin, New town. Ind.; $105. Minnie S., sr. m., Kentucky Prlnce-Gat-ling; $135. Isatell, b. m.. by Axtell-Otmoor, Meow Bros., Manilla, Ind.; SllX. Marchesa, b. f., by Margrave-Jay Gould, Geo. Snyder, Allentown, Pa.; $225. Marcella. b. f., by Margrave-Young Bur lington. S. H. Turner, Columbus. O. ; $300. The Lieutenant, b. c, by The Director General-Jersey Wilkes, Tom Sauders, Ar eola, 111.; $225. Maubry. b. g., by Roy Prlnceton-Hamble-tonian; $1.10. Malnyard. b. c. by Axtell-Warlock, Jack Dawson, Frankfort, Ind.; $00. Chestnut filly, by Axtell-Kentucky Prince, Wm. McFarland. Philadelphia; $100. Axotoka, ro. m., by Jay Bird-Almont, H. B. Gentry, Bloomlngton, Ind.; $270. Bessie Wilkes, b. m., by Wilkes Boy Mambrlno Thorne, S. J. Fleming & Son, Terre Haute; $100. Ca8tleton, ch. g., by Greystone-Beau-mont. C. M. Taylor, Hillsboro, 111.; $290. Lord Qnr, gr. g., by Prtnceton-Ham-brino. Sam H. Turner, Columbus. O.; $160. Historian, b g., by Greystone-Hambrino, Milt Klndig, Lancaster, Pa.; $155. Lady Celestial, b. f., by Greystone-Hambrino, Dr. J. L. Hicks, Arcadia. Ind.; $300. Byron K., b. c. by Greystone-Hambrino. S. H. Turner, Columbus, O. ; $105. Rockwood. b. g., by Princeton-Sirlus, H. C. Moody. Eminence, Ky.; $120. Bay gelding. Taylor & Aiseman, Sing Sing, N. Y.; $125. Bay gelding, John Clark, Westfield, Ind.; $190. Hay gelding, Milt Klndig, Lancaster, Pa.; $200. Bay team, by Ira Wilkes, Taylor & Aise man. Sing Sing. N. Y.; $215. Don Wilkes, b. , by Olmeda Wllkes-Tra Wilkes, John Pender, Johnstown, Pa.; $185. Miss Posey, b. m., by Brown Posey-Ar-rowwood, Blair-Baker Company, city; $125. Baron McMath. 2:154. by Baron Posey Harrlet Downing. A. H. Merrell, Danvers, Mass.; $650. Mav Miller, b. m., by Cecellan Trlnce Thos. A. Scott. W. McFarland. Philadel phia; $550. Fran B., sr. g., by Greystone-Boone Wilson, A. H. Merrell. Danvers. Mass.; $65). Miles, b. g., 2.244. by Whalebone-Jim Wilson, Wm. Brumback, Reading. Pa.; $205. Aco. b. g., by Blanadco-Anteros, George Snyder, Allentown, Pa.; $310. Helen Bertram, 2:12. b. m., by Margrave Dictator, Grassland Farm, Ind.: $450. Watalya. blk. m., 2:264, by The Director General-Neponset, Isaac Sherwood, Cleve land, O.; $220. David H. Ray, br. g., 2:244, by Frank L. H. H. Bainlng, Wm. McFarland, Phila delphia; $660. Helen Hill. br. m., Cbas. Decker. Olden burg, Ind.; $260. Percv Dawson, b. f., by Jack Dawson Lord Russell, H. C. Webster, city; $400. Landlady, sr. m., 2:1514, by Dr. Wood Clipper, A. A. Branch, Portsmouth, O., $330. Areola, b. g.. by Bright Mark-Rescue, R. A. Rouse. Danville. 111.; $860. National, b. g., by Charlie Wllkes-Errlcs-son. Geo. Henderson, Dayton, O.; $155. Chestnut gelding, by WIlkesberry-Type, R. A. Rouse, Danville. 111.; $250. Bay mare, by Sunlight, W. W. Baker, city; $150. Wild Dick, b. g., by Kentucky Ruler-Red Wilkes, Ed Lewis, city; $200. Red Bud. b. g., by Red Sam-Lebanon Dick. W. W. Baker; $290. Tommy B., b. g.. by Prlnceton-Hamble-tcnlan Tranby, Geo. Snyder. Allentown, Pa $225 Billy Davis, b. g.. by Jersey D.-Jaywood, R. A. Rouse. Danville, OLj $255. Minnie Sparks, b. m., by Spay-Egbert, Geo. Snyder, Allentown, Pa.; $195. Relea Nutwood, b. m.. by Von Nutwort Consplrator, Phil Wolverton, Lafayette, Ind.; $170. Victor, gr. g.. by Gawaln-Claymont, Geo. Snyder, Allentown. Pa.; $235. Nellie Bright, br. m., by Poem-Lartell, J. T. Kenny. Hoopeston, 111.; $200. Menervla Sample, b. m.. Son of Bell-founder-Rlchwood, Milt Klndig, Lancaster, Pa.; $225. Flast. b. g.. by Llbits, Chas. Palm, New town. Ind.; $215. Bay mares. Jas. Baber. New York; $645. Daddy, b. g., Sam Turner, Columbus, O. ; $175. Helle Marshall, blk. m.. 2:174. by Bon Marshall-Prince Golddust, John Pender, Johnstown. Pa. ; $"7.". Lady Rodman, blk. m., by Waeslngham Ralston. John Pender, Johnstown. Pa.; $350. Bav gelding, John Pender, Johnstown, Pa.; $165. Brown gelding, John Pender, Johnstown. I a.; $175. Sorrel mare, by Jim Finch, Daniel Am heimer. New York; $165. Sorrel gelding. Milt Klndig, Lancaster, Pa.; $195. Bay .-Mini;. W. G. Brumback, Reading, Pa.; $196. Sorrel mare, by Anteo Wllkes-Wm. Not w od. C. F. Johnson, Noblesvllle. Ind.; $170. GHadys, Kr. m.. by Wiltrauby-Bawny, A. II Merrell. Danvers. M . . Diamond, comp, p., by Combat-Macom II irrv. Sam Turner. Columbus. O.; $160. Bay gelding, saddler). Geo. Starr, Terre Haute, Ind.; $500. Brown horse, Jas. Bab. r. New York; $115. lortal mire. M. H. Reardon. city; $:' Bay mare. Andy Schickentanz, city; $155. B irrel gelding, saddler, Geo. Vico, Paris, III : UM Sorrel gelding, Dan Reed, Attica, Ind.; Sorrel gelding. Milt Klndig, Lancaster, Pa.: $ieo. Hay mare. C. W. Ulrich, New Philadel phia. O ; lrs. Hitler's lecture. Mrs. Elisabeth A. Hiller's lecture In cook ery yesterday afternoon was exceptionally interesting and there was a larger at tendance than on any previous afternoon. The subject of yesterday's lesson was sal ads and salad dressing, and, as usual, Mrs. Hlller prepared some delicious dishes. Mrs. Hiller ga thf recipes and made both the French and the plain mayonnaise dressings for salad, the latter of which was her own recipe. She prepared with thess dressings potato, beet and other sal ads. The lobster salad, for which she did not have the time, will be the first subject of the lesson to-day, which will be on hot desserts. The lessons are now almost fin ished and an opportunity of hearing Mrs. Hlller 's excellent advice on the subject of cookery will not be offered again soon. Simile tickets fur the lectures may be pur- chased at the doo. Instead of the table service. Which was to have been given as the closing lesson Tuesday evening, there will be instead the regular lesson. On that day she will discuss pastry, puff paste, clii se straws, game pies, vol-au-vent, ris soles, patty and plain paste. CHRISTMAS MARKET. Annnal Event by Phoebe Soelety for Deaconess Hospital. The annual Christmas market, given by the members of the Phoebe Society for the benefit of the Deaconess Hospital, began last night in Tomlinson Hall, and will con tinue until to-morrow night. The fair real ly began yesterday at noon, when two women of the society served a turkey din ner. The market was formally opened last night by a band concert. The hall was beautifully decorated. Underneath the bal cony ten booths were arranged. The booths were decorated with bunting with a frame of trellis work, and were In charge of committees appointed from the society. The largest booth was at the south end of the hall and contained a varied assortment of fancy work. To the right of this was the furniture booth, where all kinds of house furnishings could be purchased. Along the east side of the hall were the refreshment booths, three In number. Near the stage were the tables where the meals were served. On the west side of the hall booths where dolls, dry goods, candies and cakes could be purchased were situated. In the middle of these booths was the fish pond. On the stage was the art museum, in which a number of pictures were exhibited and offered for sale. The attendance last night was considered rather large for the opening night, and the managers felt grateful for the attendance. To-night the programme. In addition to the band concert, will include exhibitions of calisthenics by the members of the turning societies from the German House, Inde pendent Turners and South Side Turning Society. Meals will be served at noon and at 6 o'clock this evening. The price charged for each meal will be 25 cents. CITY NEWS NOTES. Joseph Garder, of Dunkirk, Ind., was ar rested last night, charged with being a lugltlve. It is said that Garder is wanted in Noblesvllle for grand larceny. Attorney General Taylor in an opinion to the auditor of state declares that the Provi dent Home Co-operative Company, of Penn sylvania, cannot be granted a license to do business in Indiana, as Its literature dis closes that it is a "get-rlch-qulck" con cern. The Galenlan Society of the Central Col lege of Physicians and Surgeons will hold a meeting this evening at the new college building. The programme will include a talk by Dr. J. R. Eastman on "Student Life In Germany" and several musical numbers. No admission fee will be charged. A dispatch from Metropolis, 111., says: "The city marshal to-day arrested Luther May nor for carrying a revolver. The boy showed a card from a bogus detective agency In Indianapolis, and asserted his right to carry a revolver. He was re lieved of the revolver and the card was turned over to the postal authorities. He had paid $5 for the card which he supposed made him a full-fledged detective." The Medical and Surgical Monitor for November publishes a recent statement made by Governor Durbin in defending him against attacks that ha,re been made in other medical journals on the smallpox situation in Indiana. The statement quotes the Governor as saying that $6.000 had been placed at the disposal of the State Board of Health, and he will see that no State shall be better protected against an epidemic. Indianapolis Missionary Inlon. A feature of yesterday's meeting of the Indianapolis Missionary Social Union, held In the First Friends' Church, Alabama and Thirteenth streets, was a whistling solo given by Miss Everett Kelfer. of Marshall, 111. Miss Kelfer Is an adept In her special ty, and her work yesterday was greatly ap preciated. The meeting began at 9:30 o'clock, and was In charge of Mrs. G. B. Schmitt. A report on the "McAU Mission" was read by Mrs. D. L. Wood. In the afternoon the work was conducted by Mrs. A. B. Mitchell, and consisted of the read ing of several papers, Interspersed with musical numbers. Sales of Real Property. Two sales of residence property were at high prices yesterday. The property on North New Jersey street, near Twentieth, owned by Walter J. Quick, was sold to John Buehler for $13.000. Eugene A. Cooper bought from John M. Dalrymple the prop erty on Park avenue, near Twelfth street, for $10,000. Smaller transfers of the day were those of McCullough Braughton to Purl C. Plaster of property at Oxford and Tenth streets for $3,500. and Leonard Hur braugh to Flora V. Caldwell of a lot In Myers's North Illinois-street addition for $2,750. Addition to a Brewery. The Indianapolis Brewing Company has awarded the contract for its addition to the Schmidt plant, at McCarty and New Jersey streets, to the W. P. Jungclaus Company. Work has begun and Is to be completed March L The addition will be of brick and steel and will cost $25.000. Enameled steel tanks, costing $75,000, will be put in and will in crease the capacity of the plant 75,000 barrels. The new buildings will be provided with filtered air and complete sterilisation for all appliances. Death of Dennis Carran. Dennis Curran, a brakeman employed by the Panhandle, who was run down by a switch engine Wednesday afternoon, died several hours later at St. Vincent's Hos pital. Curran was sixty-three years old, and leaves a widow and three children. He lived at 441 Shelby street. The funeral will be held this morning from his home. Serv ice will be held at St. Patrick's Church. Property Sold for f 40,000. A big real estate deal was consummated yesterday through the Ralston & Camden Agency in the sale of the three-story brick block at 339. 341 and 343 West Washington street. The property was owned by E. C. Craut and was sold to Jonas and Julius Joseph, of Shelbyvllle. for $40.000. The lot has a frontage of forty-five feet and Is 195 feet deep. Charles Dickson Injured. Charles Dickson, an I., D. & W. brake man, was Injured last night at the Union Station by being pinched between two cars which he was coupling. His shoulders were injured and he was badly bruised. Dickson was attended by Dr. Schenk and taken to the City Hospital In the Dispensary ambu lance. He lives at 506 North Belmont ave nue. Firemen's Ball Profits. It was said yesterday by members of the finance committee of the fireman's ball that all the accounts had not been settled, but It was thought the pension fund would be Increased by $2.500. It will be several days before all returns are turnen In. The tick et takers at the door on Wednesday night said that over 4,000 people paused In. Delta 81k Supper. Twer.ty-two members of the Delta Sig dental fraternity attended the perform ance at the Grand last night and then adjourned to the Denlson. where they had supper In the grill room. It was a "spiking"' affair In honor of the new men whom the fraternity is "rushing." Kirk D. Bacon Dead. Merchant Policeman Bacon yesterday re r. ived word from Fort Worth. Tex., of the death of his son. Kirk D. Bacon, who suc cumbed to ssthma. The body may arrive in the city to-day, but the funeral arrange ments have not yet been announced. Mrs. Wlnslovi-'a Soothing Syrup Has tn usd for over fifty rears by millions of "others for their chiidrt whils teething with nerfrct ucce. -w.. ibM,, sorters the Jrums. P. cures wind colic. reCuUtes The bows. and Is the best remedy for diarrhoea hr'.ht arlsiug from teethlnc or other csusea' vnr tale by drutsts in every prt uf the world' Be sure and ask lor " Mrs. ttlnslow's Soothing feyrup. Assist Natur In hsr efforts to hake off s eouah or cold, or she my revenge herself by giving up the contest. Remen.ber that with Hale Honey of Horehound and Tar for mn ally will extinguish the wont cough In a ftw dare Sold by all Drugglfts Pike Toothache Drops curs is i minute. ANTHONY JOHNSON SUES HE ACCISES HIS WIFE OF TRYIXG TO POISOX HIM. Action of the Marlon County Grand Jury Other Cases in the Local Courts. Anthony Johnson yesterday sued his wife. Eliza, for divorce, and in the complaint accused her of trying to poison hlra. He avers that while they lived in Cairo, 111., before their separation in 1897, she threat en?d to poison him. In the execution of her threat she placed "foreign deleterious and injurious substances In his coffee," polluted his food In various manners and poisoned and polluted the rain water bar rel, he alleges. All of this poisoning and pullutlon made him sick at times, and his life was constantly endangered while they lived together, from May, 1896, to July. 1897, when she abandoned him. In addition to the other allegations Johnson charges his wife with abusing his daughter by a for mer wife. WILL HETl H TO HER HOME. Mrs. Harry galter, n Vaudeville Actress, Stranded in This City. Judge Stubbs yesterday assessed a fine of 50 and costs and a sentence of thirty days in the workhouse against Harry 8ulter, the stranded vaudeville actor, who reached this city Wednesday in company with his wife. The judge assessed the heavy fine against Suiter on the testimony of the wife, who told how her husband had abused her while they were on the road. The woman In relating her story to the Judge told of the hardships she had en dured after running away from her home in Atlanta, Ga. The girl realized her con dition when she and her husband reached Westfield, Ind. She then wrote her mother. The latter at once telegraphed the police department of this city to arrest Suiter if he arrived here. Mrs. Suiter will remain at the police station In charge of the matron until her mother sends her a ticket and money so she can return home. CALDWELL SENTENCED. He Will Be In Prison for from Two to Twenty-One Years. William Caldwell, convicted of the mur der of Daniel Sullivan by a Jury in the Criminal Court Wednesday and found guilty of manslaughter, was sentenced to the State Prison for not less than two nor more than twenty-one years by Judge Al ford yesterday. The sentence also carried with it a fine of $1 and disfranchisement for two years. Mrs. Belle Caldwell, Joint ly indicted and tried with her husband, but on whose guilt the Jury failed to agree, was released by the judge on her own recognizance. It Is probable that the In dictment against her will be nollied on a motion of Prosecutor Ruckelshaus. High Court Decisions. The Appellate Court yesterday affirmed the Blackford Circuit Court, which ruled against canceling a contract between R. R. and John A. Gadbury and the Ohio and In diana Consolidated Natural and Illuminat ing Gas Company, by which the latter was to have the right to drill for gas and oil on the Gadbury land, the company to pay the land owners 1100 a year for the product of each gas well while the gas was used off the premises and one-sixth of all oil pro duced. The complaint alleged that the company drilled a gas well and found a large quantity of gas, but closed the well and refused to transport the gas. The land ownerB contended that the lease was for feited by the failure to perform the "Im plied covenant" to operate. The Appellate Court affirmed the deci sion of the Marion Circuit Court awarding Mary A. Krug $2.500 damages against the Frank Bird Transfer Company and the In dianapolis Street-railway Company. She was riding in a closed cab when a street car struck it and she was injured. The Supreme Court yesterday granted the Union Railway Company thirty days to meet the argument in the new brief in the track elevation case. E. D. Salsbury filed a brief in support of the city's right to compel the company to elevate the tracks. He points out that the company has elevated Its tracks In certain places and the court can compel It to elevate tracks in the interest of the public. The Federal Grand Jury. The federal grand Jury returned forty three indictments yesterday and adjourned. The majority of the indictments are for violations of the postal, revenue and coun terfeiting laws. The men indicted who have already been apprehended by the United States marshal are Oliver Merrill, Oscar Sorrenson and G. W. Tracy, counterfeiting; Earl Reed, Harry Davis. E. K. Marsh. W. L. Watt, L. E. Clark. John Blainey. Martin Guilford. Charles Kellan, Patrick Sullivan and George Lutz for violating the postal laws. These men are now confined in the county jail and were arraigned before Judge Baker, in the United States Circuit Court, yesterday. Monday will be general arraign ment day. Government Prisoners. All male prisoners convicted in federal courts In this district will hereafter be Imprisoned in the United States Peniten tiary at Fort Leavenworth, Kan. The or der directing this change from the custom of sending the prisoners to the Ohio Pen itentiary, which has been in practice for the last seven years, was issued by Judge Baker yesterday. The change was made on the motion of District Attorney Keal Ing, who has been advised by the atorney general of the completion of the new federal penitentiary. The women prisoners will still be Imprisoned in the Ohio prison at Columbus. Marion County Grand Jury. The November session of the Marion county grand Jury Is to end within the next two days unless something is reported to it requiring a continuation of the session. Yesterday the members of the grand Jury visited the jail, workhouse and poor farm. To-day the report of the session and the indictments to be returned will be pre pared. The report and indictments are ex pected to be submitted to Judge Alford either this afternoon or to-morrow morning. I rue K. Dolan in Conrt. True K. Dolan, charged with entering O. E. Black's house Monday night, was tried yesterday morning in Police Court and bound over to the grand Jury. Dolan could not explain satisfactorily to Judge Stubbs how his hat came to be in Black's house the next morning. The Suit Dismissed. The suit for damages of Bonnie L. Jones. administrator of the estate of William A. Jones, against the Monongahela Coal and Coke Company. In the Federal Court, was dismissed by the plaintiff yesterday. THE COIRT RECORD. SUPERIOR COURT. Room 1 John L. McMaster. Judge. Terre Haute Brewing Company vs. George Hudson; on note. Judgment for plaintiff against defendant for I2S1.73. Judgment against defendant for costs. Augustus W. Blue vs. Albert C. Haugh; on note. Dismissed. Costs paid by plain tiff. Room 2 James M. Leathers. Judge. Samuel Levi vs. Charles Perry et al.; note. Complaint dismissed and cross-complaint dismissed. Ester Finklestein vs. Fireman's Fund In surance Company. Evidence heard. Argu ment concluded. Jury retired. Room 3 Vinson Carter. Judge. Louis C. Sehmoe vs John W. Kealing et al. ; mechanic's lien. Dismissed and costs paid. Kussel Armstrong vs. John J. Cooper; damage suit. On trial by jury. NEW SUITS. Julia E. Jacoby vs. John 8kinner et al.; suit to quiet title. Circuit Court. Amos B. Keepert vs. Edward Cornell and James M. Tomlinson; suit on lien. Clr- cun. Court. Edward Messick vs. William S. Budd et gj.; complaint to foreclose mechanic's lien. Superior Court. Room 2. Burnet-Lewis Lumber Company vs. Fred- A NE, w (ILLUSTRATED) Of Interest to Both Boys and Girls FOR YOUNG FOLKS WILL BEGIN IN The Sunday Journal November 30 V LITTLE SAIMT SUNSHINE BY CHARLL5 FREDERICK GOSS ILLUSTRATED BY VIRGINIA KEEP A Story That is Worth While This book has just been issued by the publishers, and is one of the most interesting stories of the year. LOOK Sunday, erick Schreiber and Tobias Rock; judgment on account. Superior Court, Room 2. Anthony Johnson vs. Elisa Johnson; di vorce. Superior Court, Room 3. May Dlbuls vs. James Dibuls; divorce. Superior Court. Room L HIGHER COURTS' RECORD. SUPREME COURT. 19824. School Trustee vs. School Town. Allen C. C. Affirmed. Dowling. C. J. Where a school township builds a building for school purposes, and afterwards a town was Incorporated, the boundaries of which Included the school property, such town was not bound to pay the Indebtedness for the school property before It could take possession of it. 19712. State vs. Wright. Marion C. C. Dis missed. Monks, J. This case is dismissed upon the authority of No. 19710, decided this term. 19691. Ex rel. City vs. Indianapolis Union Railway Company. Marlon C. C. Leave to file brief amicus curial granted. Appellees as4v n thirty days to file reply brief. 3714. Moon vs. Pittsburg, etc., Co. How ard S. C. Motion for rehearing of motion to transfer denied. Minute. 19691. State ex rel. the City of Indianapo lis vs. the Indianapolis Union Railway Company. Marion S. C. Petition of E. D. Salisbury for leave to file brief. APPELLATE COURT. 4234. Frank Bird Transfer Company vs. Krug. Marion C. C. Affirmed. Comstock, J. I. A common carrier is bound to the high est degree of care to protect its passengers. 2. And the passenger has the right to pre sume that the carrier will exercise this de gree of care towards securing his safety. 3. Where a person is a passenger in a coupe and directs the driver thereof to go upon railroad tracks the railroad company la only bound to use ordinary care to pre vent injury to such person. 4. When ap pellant attempts to present a constitutional question and the cause is transferred to this court by the Supreme Court It will be presumed that- such court disposed of the constitutional question adversely to ap pellant's contention. 5. A passenger, in a carriage of a transfer company, is not re sponsible for the negligence of the driver, In causing a collision with a street ear by merely directing such driver to the point she desired to go; the negligence of such driver Is not Imparted to such passenger. G. Where an injury is caused by the Joint or concurrent wrongful acts of two or more persons they may be prosecuted Jointly or severally. 7. In an action for a personal Injury the burden of showing contributory negligence Is upon the defendants. 4240. Turner vs. Helnburg. Porter C. C. Affirmed. Robinson. J. 1. There Is no statute giving a surviving husband an in terest In lands of which the wife was seized during marriage and in the conveyance of which the husband did not join, nor is there any statute vesting in the husband an in terest In the wife's lands sold on Judicial sale, corresponding to Sections 2652 and 2661". Burns, 1901, in behalf of the wife. 2. A per son can only redeem from a sale of lands where he has some Interest to protect and where he would suffer damage without redemption. 3. At common law the husband had no vested estate In the wife's land un til there was issue born by the marriage. 4. There is no statutory provision by which he takes an Interest in his wife's lands by virtue of his marital rights, nor is he vested during the wife's lifetime an inter est in her lands sold at judicial sale. 400. Godbury vs. Ohio, etc., Ins. Gas Co. Blackford C. C. Affirmed. Henley. P. J. In the absence of an express declaration there Is no implied covenant in a lease for gas privileges that the lessee will operate a gas well located on the leased premises. 3835. Tin Plate Co. vs. Williams. Madison 5. C. Affirmed. Black. J 1. The general verdict controls when there is no antagon ism between It and the answers to interro gations propounded to the Jury. 2 Evidence is not in the record when it Is attempted to be brought in merely by the method provided by Section 6 of the act of 1899 re lating to making the evidence a part of the record. 3. IL must appear that the bill of exceptions contains all the evidence in order to get the evidence considered on ap peal 4. A particular ruling upon evidence admitted may not be saved for review by merely bringing to this court a fragment of the evidence consisting of one question propounded to a witness and his answer theretc. 4212. Jones vs. Mount. Blackford C. C. Petition for rehearing overruled. Minutes 4566. John T. Phillips, executor, et al. vs. Daniel A. Heidt et al. Vanderburg C. C. Brief (8) for appellant Union Christian Col lege. 4687. Amos C. Gwinnup vs. John Shies. Madison S. C. Appellant's brief (8.) RECEST LEGAL OP1XIOXS. Libelous Publications Action by Member of a Class. In the recent case of Woffard vs. Meeks, the Supreme Court of Alabama holds that where a libelous publication Is directed against a particular class or persons, each of the persons composing the class may maintain a separate action therefor upon snowing that he is a member of the class and that consequently the words were In tended to apply to him. Therefore, a news paper publication charging the court of Countv Commissioners with corruption in the use of money raised by taxation af f. -rdtd a ground of action by any member of the court. The opinion shows that the proposition is nt nw. but is supported by the grest weight of authority, though It Is one that Is not often raised. It Is a well established principle that every one has a right to comment upon matters of public interest and concern, and this rule applies, though the publication is made to the gen eral public by means nf a newspaper or otherwise. It Is only when the publisher goes beyond the limits of fair criticism that his language passes into the region of libel at oil. Judges liability for Official Acts. A State statute required a guardian to execute a bond before acting, and another Statute provided that if the court fails to take such bond, or accapts such sureties at do not satisfy it of their sufficiency, the judge so in default and his sureties shall be liable to the ward for any damage he may sustain thereby. Held, that though the Judg la only requtrad to use reasonable STORY There's life in A Good Story of Western Ute FOR. IT Nov. 30 SEALS, ITENCILI ARO SEALS Ttj STENC1LS.STAMPS. ctalocui Ktn Bad Gats, cm ec tis ac . 15 CUmiDlAriSLÖ FjofJ DR. SWAIN'S HEALTH HOME 73 Middle Drlv?, Woodruff Place Superior accommodations for chronic and nerv ous cases. Afternoon office. SSI N. Illinois st. care to ascertain that the sureties ar sufficient, he Is absolutely bound to know that surety of some kind to the bond la actually taken, and if he accepts a bond to which the signature of the surety has been affixed under a power of attorney not legal ly authenticated, he is liable for resulting damages. 89 Southwestern Rep. (Ken tucky, Judge Hobsont, 1087. Railroads Rights of Passengers at Stations Where a railroad permitted a person in a drunken condition to enter Its waiting room, and he used Indecent language, and while armed with a knife made an assault on plaintiff, a female passenger, the com pany was liable for damages sustained thereby. But the husband, who went to the station with his wife to assist her in boarding the train without any Intention of himself becoming a passenger, waa not entitled to recover against the railroad company for an assault or Indignity sus tained by him at the hands of such dis orderly person T89 Southwestern Rep. (Texas, Judge Gaines), 904. Physicians Skill Required in Treating Patients. Plaintiff brought suit against defendant, a physician and surgeon, to recover dam ages for the alleged earelesa and negligent treatment of plaintiff's broken and dislo cated arm. It was held that the care and skill required of a physician is not to be measured by that exercised by ordlnarly skillful and prudent physicians in that par ticular vicinity In treating a like injury," but by such as is exercised generally bjr physicians of ordinary care and skill in similar communities. Criminal Iiw Irregular Juries. In the California caae of Edward Duncan, convicted of murder of the second degree, one of the most novel points recently raised In a criminal case was urged by the defense after the verdict waa rendered. It turned out that one of the Jurors had not been summoned on the case, but had come In the place of his son. who had been, summoned. It was thought that this might invalidate the verdict, but the decisions of the Supreme Court of California, seem to noia to tne contrary. Bridgeport Allearrd Bsrglsra. The police at the Union Station yester day morning, on receiving Information from Bridgeport that three young men had burglarised 8tewart's general store during the night, arrested James Monroe and Charles Burk, of Cleveland. O., and Frank Harvey, of Chicago, charging them with the crime. Thef were taken from a train that had come through Bridgeport. Scottish Rite Banquet. The fall class of '99, Scottish Rite Ma sons, gave Its annual dinner at the Co lumbia Club last night after the close of the proceedings at the temple on South Pennsylvania street. There were fifty-five members of the class, and Governor Dur bin and Lieutenant Governor Gilbert were the guests of honor. EVERY POEM A NEW POEM The BOOK of JOYOUS CHILDREN. By JAMES WHITCOMB RILEY His first volume of new poems in several years. Elaborately illustrated In line and half tone. $ I. ao net (Postage 8 cents) Charles Scribncrs' Sons NEW YOML